HIDDENAPP LIMITED, a company registered in England and Wales under company number 06840690, whose registered office is at 86-90 Paul Street, London EC2A 4NE ('HiddenApp', ' We', 'Us' or 'Our') sets out the following terms and conditions upon which a licence is granted to a Hidden user ('You', 'Your' or a 'Subscriber') to access certain services by way of the HiddenApp which is a tech-enabled product that helps you to track, locate and recover Your lost or stolen Device (the ‘Hidden Services’).
The Hidden Services are provided on-demand via the application (the 'HiddenApp Platform') which is accessible via www.hiddenapp.com (the 'HiddenApp Site') or direct from the relevant AppStore. You can download the HiddenApp; for the iOS application from the AppStore direct for small devices (iPhone and iPad) or, via the HiddenApp Dashboard; for the macOS web application (Mac and MacBook) direct from the HiddenApp User Dashboard.
The terms and conditions in this Hidden App Licence (‘Terms’) incorporate Our:
- Privacy Statement;
by this reference (collectively called the 'HiddenApp Licence').
We do not sell the HiddenApp to You. We always remain the owners of the HiddenApp. We give You permission to use it in accordance with these Terms. In return for You agreeing to abide by the Terms of this Hidden App Licence, We grant You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable right and licence to use the HiddenApp on Your Device(s) subject to these Terms, the features of Your chosen subscription plan and the AppStore Rules, incorporated herein by reference. We reserve all other rights. You may:
- download or stream a copy of the HiddenApp onto Your Device(s); and,
- view, use and display the HiddenApp on the Device(s) for your personal purposes only (as a Consumer Subscriber) or business purposes only (as a Business Subscriber) and We draw Your attention to Clause 14.6.
(together, the 'Hidden App Licensed Rights')
For the trader representative please contact: [email protected]
You should print a copy of this HiddenApp Licence in full for future reference here.
1.1 The definitions to be read with these Terms are set out in full at Clause 18.
1.2 If any Terms herein conflict with any terms in the AppStore Rules, the Terms herein shall prevail.
2. General (including Updates & Modifications to these Terms)
2.1 By using any of the HiddenApp Services via the HiddenApp, You expressly agree to be bound by these Terms and all applicable legislation and codes governing the use of the HiddenApp Services. These Terms form a legally binding agreement between You and HiddenApp in relation to Your use of the HiddenApp Services. If You violate the Terms of the HiddenApp Licence, HiddenApp may terminate Your use of the HiddenApp, bar You from future use of the HiddenApp and/or take appropriate legal action against You.
2.2 You should read these Terms carefully and ensure that You understand their effect before proceeding to use the HiddenApp Services. If You disagree with any part of the Terms, do not use the HiddenApp and stop the downloading or streaming process by clicking on the "Cancel" button. In this case, the downloading or streaming process will terminate. As a Consumer Subscriber, You have the right to withdraw from Your transaction without charge and without any reason before downloading or streaming the HiddenApp. However, You will lose the right to cancel the transaction once You begin to download or stream the HiddenApp. This does not affect your consumer rights under the Consumer Rights Act 2015 for an app that is defective, applicable if the HiddenApp is paid for.
2.3 You acknowledge that You will not be able to successfully access and use certain functionalities of the HiddenApp unless You have use of a Device that meets the Device Requirements (as defined) and any network requirements. While We strive to make Our HiddenApp available on many platforms, We cannot guarantee that it is compatible with Your Device.
2.4 You will be assumed to have obtained permission from the owners of the Device that is controlled, but not necessarily owned, by You and to download or stream a copy of the HiddenApp on to the Device.
2.5 You further acknowledge that the terms of agreement with Your respective Network Provider will continue to apply when using the HiddenApp as it is a web application. As a result, You may be charged by the Network Provider for access to network connection services for the duration of the connection while accessing the HiddenApp or any such third party charges as may arise and You accept responsibility for any such charges on or in relation to any Device, whether or not it is owned by You.
2.6 If any open-source software is included in the HiddenApp, the terms of an open-source licence may override some of the Terms herein.
- process technical information about the Devices and related software, hardware and peripherals in respect of the HiddenApp Services that are internet-based or wireless to improve Our products and to provide any HiddenApp Services to You; and,
- transmit, collect, maintain, process and use Your location data and queries to provide and improve Our location-based products and services.
2.8 The HiddenApp Services are constantly developing as We learn about what is more relevant for Our Subscribers. With this, We need to be able to make changes and suspend or terminate certain HiddenApp Services from time to time. This may involve Us making reasonable modifications to the HiddenApp and to these Terms. We may also from time to time develop and provide updates in respect of the functionality of the HiddenApp or in respect of certain HiddenApp Services featuring in it. This could be to upgrade, fix bugs, execute patches or to make other corrections including to enhance security and privacy protections (collectively, ‘Updates’). From time to time, Updates to the HiddenApp may be issued through the AppStore. Depending on the Update, You may not be able to use the HiddenApp Services via the HiddenApp on Your Device until You have downloaded or streamed the latest version of the HiddenApp and accepted any new terms. The HiddenApp (or parts of it) may not function properly if You do not install Updates as instructed from time to time. These Updates may include updated versions of Our HiddenApp which may automatically upgrade the versions used on Your Device. You expressly consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates and shall be legally binding. We have no legal obligation or otherwise to provide You with any Updates or to continue to provide or enable any features or functionality of any HiddenApp Services, however, We reserve the right to do so without notice or liability to You.
2.9 Any changes We may make to these Terms in the future will be posted on this page and, where appropriate, notified to You by email or, when You next start the HiddenApp or use the HiddenApp Site to access the HiddenApp Dashboard, the new terms may be displayed on-screen and You may be required to read and accept them to continue. In the event of any conflict between a current version of the Terms and any previous version, the provisions in the current i.e. the latest set of Terms shall prevail unless We state otherwise.
3.1 To make optimum use of the HiddenApp to access the HiddenApp Services, You must download the HiddenApp in accordance with Our instructions and register to become a Subscriber. You will need to enter accurate and up-to-date Subscriber Registration Data as follows:
- Consumer Subscriber: Your name, email address and password;
- Business Subscriber: Your name, email address, password, organisation name, size, address, specialisation and number of Devices.
3.2 t is Your responsibility to keep Your Subscriber Registration Data up-to-date and Your Subscriber Login confidential. You are responsible for all activities that are carried out under Your Subscriber Login. We will not be liable where Your Subscriber Login is unlawfully used by another.
3.3 You agree to notify Us to [email protected] of any unauthorised use of Your Subscriber Login of which You become aware. You will not create additional accounts for the purpose of abusing the functionality of the HiddenApp or other registered Subscribers or for any other reason in breach of the Terms.
3.4 If You forget Your password and have an existing Subscriber Login, click on the ‘Sign In’ or ‘Log In’ link provided. You will be taken to the ‘Sign In’ or ‘Log In’ page where You can select ‘Forgot Password’ to create a new password.
3.5 You may not transfer ownership or sell Your subscription to a third party.
4. HiddenApp Services
4.1 HiddenApp provides You with advanced loss and theft recovery technology via the HiddenApp where Subscribers can:
- download the HiddenApp and register to become a Subscriber with a Subscriber Login and gain access to the HiddenApp Dashboard to access the HiddenApp Services;
- in the event that a registered Device is lost or stolen (and You have enabled tracking), track, locate and potentially recover the Device via the reported Tracking Data made available via the HiddenApp Dashboard;
earn subscription benefits by:
- referring Your nearest and dearest (as a Consumer Subscriber); or,
- joining Our Affiliate Program (as a Business Subscriber).
4.2 We will let You know when We add any more exciting additional features.
5. Fees & Payment
5.1 We do not charge for use of the HiddenApp during any Free Trial Period, however, You are required to pay the Subscription Fees applicable to Your chosen subscription plan which are published on the HiddenApp Site. You pay these via the HiddenApp Site or the AppStore. (as applicable) either upon expiry of the Free Trial Period (in the case of iOS) which shall be automatic, or, in the case of MacOS, as directed by Us on the HiddenApp Site.
5.2 You can manage Your iOS subscription by following (Settings > Apple ID > Subscriptions > Select HiddenApp > Cancel) on Your iPhone or iPad. To manage Your subscription for MacOS, please see Our HiddenApp Site here. If You are not the bill payer for the Device being used to access the HiddenApp, You will be assumed to have received permission from the bill payer for using the HiddenApp. Subscription Fees are payable annually.
5.3 We may elect to increase the Subscription Fees by giving to You not less than thirty (30) days' written notice of the variation, provided that no such variation shall result in an aggregate percentage increase that exceeds three percent (3%), during the same period, in the Retail Prices Index published by the UK Office for National Statistics. Any increase in Subscription Fees shall not take effect until the start of the subsequent Renewal Subscription Term.
6. Refer-a-friend (Consumer) & Affiliate Program (Business)
7. Data Protection
7.2 Questions or complaints regarding the processing of Your Personal Data may be directed by email to [email protected] You also have the right to lodge a complaint with Your local data protection authority in the jurisdiction where You work, where You live or where an alleged infringement takes place. A listing of the European Data Protection Authorities can be found here.
7.4 Subject to the relevant opt-ins and consents being in place (and not having been withdrawn) and in accordance with the Data Protection Legislation, You may receive periodic promotions and other offers that We believe might be of interest to You direct from Us about Our own HiddenApp product or service offerings (‘HiddenApp Marketing Comms’). You can opt out of receiving these at any time by using the unsubscribe/ opt out link within the HiddenApp Marketing Comms. If You opt out of receiving these from Us, it may take up to seven (7) Business Days for Us to comply with Your request. During that time, You may continue to receive such from Us.
8. Our Communications & Complaints
8.1 f You wish to contact Us in writing, or if any Term herein requires You to give Us notice in writing, You can do this by contacting Us via the live chat facility accessible on the HiddenApp Site or via the HiddenApp Dashboard, by emailing [email protected] (or by post to Our registered office set out at the top of these Terms if it concerns legal proceedings). We will confirm receipt of this by contacting You in writing, normally by the same method You used to contact/ notify Us.
8.2 HiddenApp tries to meet the highest standards when providing the HiddenApp Services. We take any complaints We receive about this very seriously. We are the first point of contact for all complaints and We welcome any suggestions for improving Our procedures. We are responsible for solving any disagreements quickly and efficiently. If You are not happy with the way We deal with any complaint and You wish to take court proceedings, You must do this in accordance with Clause 17.
9. Subscriber Obligations
9.1 When registering to become a Subscriber, You warrant, represent and undertake to HiddenApp that You will always comply with the terms of the HiddenApp Licence, in particular, that:
- You are at least 18 years of age and have attained the age of majority in the province, state or country in which You reside;
- You will keep Your Subscriber Login details secure and confidential and all information submitted to Us by You shall be true, accurate and complete in all respects;
- You will always comply with Your Subscriber obligations set out in this Clause 9 and the Restricted Acts set out at Clause 13. You are solely responsible for any breach of Your Subscriber obligations under these Terms due to Your act, omission, default or Your failure to comply with any of these Terms (including any of Our instructions and FAQs set out on the HiddenApp Site or the HiddenApp Dashboard or by any other communication channel that We use to contact You and for the consequences of any such breach or failure); and,
- You shall uninstall the HiddenApp and contact [email protected] to remove all Tracking Data in the event that the Device changes hands as a result of a sale or other form of disposal.
10. HiddenApp Obligations
10.1 HiddenApp agrees to:
- provide the HiddenApp Services with all due care, skill and ability;
- devote as much time to the provision of the HiddenApp Services as may be necessary for their proper performance;
- conduct all HiddenApp Services in accordance with the applicable legislation and codes;
- provide promptly and give to a Subscriber all such information as they may reasonably require in connection with the provision of the HiddenApp Services; and,
- be the first point of contact in case of any dispute, cancellation or complaint and be responsible for resolving such issues.
11. Availability & Security of the HiddenApp Site and/ or HiddenApp
11.1 Hidden shall provide the HiddenApp Platform to You on, and subject to, the Terms of the HiddenApp Licence.
11.2 We are entitled to make such changes to the specification, functionality and features of the HiddenApp Platform We desire at Our entire sole discretion but shall provide notice of the same to You where We deem it necessary.
11.3 The HiddenApp Services delivered via the HiddenApp Property are delivered on an "as-is" and "as-available" basis. We make no representations, warranties or guarantees, whether express or implied, that the HiddenApp or any HiddenApp Content on it:
- will always be available or be uninterrupted;
- will be error-free, accurate, complete or up-to-date; or,
- will be secure or free from bugs or Viruses.
HiddenApp will not be liable to You if, for any reason, the HiddenApp is unavailable at any time or for any period. You must not use the HiddenApp in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the HiddenApp Licence.
11.4 We shall use commercially reasonable endeavours to make the HiddenApp Platform available twenty-four (24) hours a day, seven (7) days a week, except for:
- planned maintenance carried outside of HiddenApp Business Hours; and,
- unscheduled emergency maintenance as may be required from time to time.
11.5 We will, and at no additional cost to You, provide You with Our support services at all reasonable times and on a non-exclusive basis via Our live chat facility accessible on the HiddenApp Site or via the HiddenApp Dashboard.
11.6 The Third Party licence terms governing the Third Party proprietary software integrated in to the HiddenApp are as follows: Terms of Google Maps
12. Term & Termination
12.1 Subject to earlier termination in accordance with this Clause 12), the HiddenApp Licence shall take effect on the Commencement Date (as defined) and shall continue in full force and effect for a period of one (1) year (‘Initial Subscription Term’) and thereafter, it shall automatically renew for successive one (1) year periods (each a ‘Renewal Subscription Term’) unless:
- either Party notifies the other Party of termination, in writing, at least thirty (30) days’ before the end of the Initial Subscription Term or any Renewal Subscription Term, in which case these Terms shall terminate upon the expiry of the applicable Initial Subscription Term or Renewal Subscription Term; or,
- otherwise terminated in accordance with the provisions of these Terms;
The Initial Subscription Term together with any subsequent Renewal Subscription Term(s) shall constitute the ‘Subscription Term’.
12.2 The renewal is automatic. Any Renewal Subscription Term will be in accordance with these Terms (as may be updated or amended from time to time). Should You decide not to renew, You must send the notice of non-renewal by email to [email protected] in accordance with the notice period set out at Clause 12.1 a.
12.3 Cancellation by Us: We may terminate Your access with immediate effect and for any reason by written notice to You which will normally be by email. Where You have made an annual payment and We terminate the HiddenApp Licence without cause, We will refund You the monies for the period during which We have not provided You with the HiddenApp Services on a pro-rated basis (which shall be Your sole and exclusive remedy). We shall issue any refund within thirty (30) days’ of the termination.
12.4 Cancellation by You: You can terminate at any time for any reason by having Your Subscriber Login disabled and deleted. You can do this Yourself in Your HiddenApp Dashboard settings refund shall be payable in respect of Your annual subscription.
12.5 On termination for any reason:
- all HiddenApp Licensed Rights granted to You shall cease;
- You must immediately cease all activities authorised by this HiddenApp Licence including Your use of any HiddenApp Services;
- You must immediately uninstall the HiddenApp from all Devices, and immediately destroy all copies of the HiddenApp then in Your possession, custody or control (and certify to Us that You have done so upon request);
- We may, at Our discretion, remotely access the Devices and remove the HiddenApp from all of them and cease providing You with access to the HiddenApp Services. You shall be liable for all reasonable costs incurred by Us if We must implement this action following inaction by You. We reserve Our right of set-off.
12.6 Our accrued rights as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.
13. Security & Restricted Acts
13.1 We exercise all reasonable skill and care to ensure that Our HiddenApp is secure and free from Viruses and other malware including, but not limited to, the scanning of any and all Registration Data for Viruses and malware as it is uploaded. We will always try Our very best but We do not guarantee that Our HiddenApp is secure or free from Viruses or other malware and accept no liability in respect of the same.
13.2 You are responsible for configuring Your information technology, computer programmes and platform in order to access the HiddenApp Services via the HiddenApp. You should protect your hardware, software, data and other material from Viruses, malware and other internet security risks.
13.3 You acknowledge that the AppStore has no obligation to provide any maintenance and support services with respect to the HiddenApp and it is not responsible for addressing any claims You have relating to the HiddenApp or Your possession and use of the HiddenApp.
13.4 The HiddenApp Licence is granted solely for Your own personal and non-commercial use (where You are a Consumer Subscriber) and for the personal and non-commercial use within Your business (where you are a Business Subscriber). Whether the subscription You purchase is for a Consumer or a Business, You agree not to use the HiddenApp for any commercial or resale purposes other than as permitted in writing by Us.
13.5 We grant You permission to use the HiddenApp Property lawfully. You may view and download HiddenApp Site or HiddenApp pages (for caching purposes only) and print pages and retain a copy of the same solely for Your own non-commercial use. You agree however that except as set out in these Terms, Your committing of a Restricted Act set out below shall constitute a breach of these Terms on Your part. You agree:
- not to copy the HiddenApp Property except where such copying is incidental to normal use, or where it is necessary for the purpose of back-up or operational security;
- not to sell, lease, sub-license, rent, loan, translate, merge, adapt, vary, modify, distribute or otherwise exploit the HiddenApp Property for any other purposes without the prior written consent of HiddenApp or the respective licensors of HiddenApp;
not to, reverse-engineer or create derivative works based on the whole or any part of the Hidden Property in any medium without HiddenApp's prior written authorisation or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving permissible inter-operability of the HiddenApp Property with another software program, and provided that the information obtained by You during such activities:
- is used only for the purpose of achieving permissible inter-operability;
- is not unnecessarily disclosed or communicated without Our prior written consent to any third party; and,
- is not used to create any software that is substantially similar to the HiddenApp Property.
- not to alter or modify or combine any part of the HiddenApp Property or Hidden Services (including by way of linking to Our HiddenApp) so as to render the usage unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- not to access the HiddenApp Services and HiddenApp Content through any technology or means other than the means We explicitly designate for this purpose;
- not to access or attempt to use the Subscriber Login of other Subscribers or to otherwise gain unauthorised access to any part of the HiddenApp Property, the server on which the HiddenApp is stored (or any other server, computer, or database connected to Our HiddenApp Property);
- not use the HiddenApp Property or HiddenApp Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms herein, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including Viruses, or harmful data, into the HiddenApp Property or any operating system;
not to (or attempt to) damage, circumvent, penetrate, disable, overburden, compromise, impair or otherwise interfere with any security related features of the HiddenApp Property or the HiddenApp Services including those that:
- prevent or restrict use or copying of HiddenApp Content; or,
- enforce limitations on the use of the HiddenApp Services or the accessible HiddenApp Content; or,
- interfere with other Subscribers;
- not to use the HiddenApp Property to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, Viruses, trojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;
- to comply with all technology control or export laws and regulations that apply to the technology used or supported by the HiddenApp Property;
- not infringe Our Intellectual Property Rights or those of any third party in relation to Your use of the HiddenApp Property. You acknowledge that all Intellectual Property Rights in the HiddenApp and the associated technology anywhere in the world belong to Us or Our licensors, that rights in the HiddenApp are licensed (not sold) to You, and that You have no rights in, or to, the HiddenApp or the associated technology other than the right to exercise the HiddenApp Licensed Rights in accordance with the HiddenApp Licence set out at the beginning of these Terms. If a third party claims that the HiddenApp infringes another partyʼs Intellectual Property Rights, We will be solely responsible for the investigation, defence, settlement and discharge of any infringement claim;
- not to impersonate any person or entity, and/or falsely claim an affiliation with any person or entity;
- not to send automated queries of any sort to the systems and networks We use to provide the HiddenApp Services without Our express written permission;
- not to undertake ‘meta-searching’ of the HiddenApp Services and the systems and networks used by Us, or perform ‘offline’ searches relative to the HiddenApp Services;
- not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any HiddenApp Property and/ or any Subscriber; and,
- not attack Our Site via an automated attack, a denial-of-service attack, a distributed denial-of service attack, or by any other means;
By breaching certain provisions above, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them and Your right to use the HiddenApp Property will cease immediately.
14. Warranties & Indemnities
14.1 You acknowledge that the HiddenApp has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the objectives and functions of the HiddenApp meets Your requirements.
14.2 We make no warranty, and hereby further expressly disclaim any liability to You and You agree that You have no claim against Us in relation to any Claims asserted against, or Losses suffered by You due to, or in connection with:
- any breach by You of these Terms or breach of warranty (Clause 9);
- the acts, omissions, conduct of any Third Parties in connection with or otherwise related to Your use of the HiddenApp Services (including the accuracy and availability of the map display courtesy of Google® which is not guaranteed by Us);
- any reliance placed by You on any misdescriptions, misrepresentations, inaccuracy or incompleteness in respect of HiddenApp Content (whether innocent, negligent or fraudulent);
- Your failure or inability to use the HiddenApp Platform functionality at any point in time, or, for any permanent or temporary cessation in the provision of the HiddenApp Services (or any features within the HiddenApp Services) or changes made;
- any linked third party website or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website;
- the deletion of, corruption of, or failure to store, any communications data maintained or transmitted by or through Your use of the HiddenApp Services;
all of which are at Your own sole risk and You hereby release HiddenApp Limited (and Our agents and employees) from all Claims and Losses (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these.
14.3 Subject to Clause 14.5, We shall in no circumstances be liable to You in contract, tort (including negligence), breach of statutory duty or otherwise for any and all Losses suffered by You or Claims asserted against You including consequential, special or incidental loss or damage (whether direct or indirect) arising from Your use of the HiddenApp Property.
14.4 Subject to Clause 14.5, to the extent that the HiddenApp Services are provided free of charge, We will not be liable for any loss or damage of any nature. To the extent that Subscription Fees are charged, Our total maximum liability arising under or in connection with the HiddenApp Licence, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed, in respect of any Claim (or series of Claims), an amount equivalent to the Subscription Fees paid to Us by the:
- Consumer Subscriber for the Subscription Term; or,
- Business Subscriber for the duration of the current Subscription Term.
14.5 Nothing in these Terms is intended nor shall it be construed as an attempt by any Party to exclude or limit any liability for:
- fraudulent misrepresentations;
- any liability where the law does not permit such exclusion of liability; and,
- death or personal injury arising from negligence.
14.6 We only supply the HiddenApp for personal purposes and business purposes. You must not use the HiddenApp Services to sell a product or service, increase traffic to Your own website/application or a third party website/application for commercial reasons, such as advertising sales, or otherwise undertake any activity aimed at deriving revenue (including reformatting/ displaying search results, conducting meta-searches of Our HiddenApp Services).
14.7 Subject to Clause 14.5 and except as expressly set out in these Terms, HiddenApp gives no warranties and excludes all other express or implied terms, conditions and warranties.
15. HiddenApp Content
15.1 All content and the selection and arrangement of such content on the HiddenApp Site and HiddenApp constitutes 'HiddenApp Content' and is either owned by, or licensed to, HiddenApp and is subject to copyright, trade mark rights, and other Intellectual Property Rights of HiddenApp and licensors of HiddenApp. Such HiddenApp Content is protected by UK copyright laws and international laws. Any Third Party trade or service marks present in HiddenApp Content are trade or service marks of their respective owners.
15.2 We appreciate Your feedback and You acknowledge and accept that if You choose to share or submit comments, ideas or feedback, We can freely use Your suggestions without any restriction or compensation to You to make HiddenApp better and You hereby certify and represent that the information or feedback You share or submit to Us through the HiddenApp Services is not confidential or proprietary.
16.1 We may transfer (assign) Our obligations and rights under these Terms to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them. You may not transfer (assign) Your obligations and rights under these Terms without Our express written permission.
16.2 Each of the Terms of this HiddenApp Licence operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining Terms will remain in full force and effect.
16.3 If We fail to insist that You perform any of Your obligations under this HiddenApp Licence, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
16.4 We reserve the right to cancel or revoke the provision of any of the HiddenApp Services with no liability to You or Us if We are prevented from, or delayed in, carrying on Our business by a Force Majeure Event.
16.5 These Terms are not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms save for the AppStore and its subsidiaries who are third-party beneficiaries of these Terms. Therefore, upon Your acceptance of these Terms, the AppStore will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary thereof.
17. Law and Jurisdiction
If You are not happy with the way We deal with any dispute or disagreement and You want to take court proceedings, You must do this within England and Wales. Relevant English and Welsh law will apply to the HiddenApp Licence and the relevant courts of England and Wales will have exclusive jurisdiction save that We shall respect and give regard to local data protection laws in the case of all Subscribers. For a Consumer Subscriber only, You shall be able to exercise the consumer-related rights applicable to Your local laws where You reside outside of England and Wales.
In these Terms (except where the context otherwise requires) the following words shall have the following meanings:
AppStore: refers to the store(s) from where You can download the HiddenApp.
AppStore Rules: refers to the rules of the relevant AppStore
Business Day: any day which is not a Saturday, Sunday or public holiday in the UK.
Business Subscriber: refers to a business user as opposed to a Consumer Subscriber.
Claim(s): means all demands, claims and liability (actual and consequential and direct and indirect and whether known and unknown, suspected and unsuspected, disclosed and undisclosed, criminal or civil, in contract, tort or otherwise) for all Losses including any other expenses of any nature whatsoever.
Commencement Date: the date You register as a Subscriber, download or stream the HiddenApp, make any appliable payment and obtain a Subscriber Login.
Consumer Subscriber: refers to a consumer user as opposed to a Business Subscriber. Consumer is as described in the Consumer Rights Act 2015.
Data Controller: means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
Data Processor: means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Data Controller.
Data Protection Legislation: means, as applicable to either party:
(a) the General Data Protection Regulation 27 April 2016;
(b) the Data Protection Act 2018;
(c) the Privacy and Electronic Communications (EC Directive) Regulations 2003;
(d) any other applicable law relating to the Processing, privacy and/or use of Personal Data, as applicable to either party;
(e) any laws which implement any such laws; and,
(f) any laws that replace, extend, re-enact, consolidate or amend any of the foregoing.
Data Subject: as defined in the applicable Data Protection Legislation.
Data Subject Rights: as defined in the applicable Data Protection Legislation
Device Requirements: refers to the minimum specifications required for Your Device to install and use all features of the HiddenApp.
Force Majeure Event: any event arising that is beyond the reasonable control of the affected party (including any industrial dispute affecting any third party, governmental regulations, fire, flood, inclement weather, disaster, civil riot or war).
Free Trial Period: refers to the promotional offer of a period of seven (7) days where We do not charge You for use of the HiddenApp as per Clause 5.1.
HiddenApp: refers to the software application provided by HiddenApp in object code format for download and installation by a Subscriber on to a Device. With respect to any open source or third-party code that may be incorporated in the HiddenApp, such open source code is covered by the HiddenApp open source or third-party licensing, if any, authorising use of such code.
HiddenApp Licensed Rights: as set out in the introduction.
HiddenApp Business Hours: 1am to 4pm GMT each Business Day.
HiddenApp Content: means any creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, text, ideas, communications, replies, comments, information, data, software, scripts, executable files, graphics, maps, interactive features, designs, copyrights, trademarks, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the HiddenApp Services which is owned by, or licensed to, HiddenApp.
HiddenApp Dashboard: refers to the online account accessible within the HiddenApp by using the Subscriber Login.
HiddenApp Legal Policies: refers to all the terms of the HiddenApp Licence referred to at the top of these Terms as amended, superseded or replaced by HiddenApp from time to time (and the AppStore Rules as applicable).
HiddenApp Non-Marketing Comms: refers to HiddenApp service communications sent by HiddenApp (or a HiddenApp Service Provider on HiddenApp’s behalf) as described at Clause 7.3.
HiddenApp Platform: refers to the combination of the HiddenApp and the HiddenApp Site inclusive of the HiddenApp Software as applicable.
HiddenApp Property: includes but is not limited to all parts or the whole of the HiddenApp Platform, the HiddenApp, the HiddenApp Site, the HiddenApp Dashboard and any HiddenApp Content thereon.
HiddenApp Service Provider: refers to a Third Party with whom We work with from time to time as a necessary part of providing Our HiddenApp Services and with whom We may need to share Your Personal Data with from time to time in their role as a Data Processor (or Data Controller).
HiddenApp Services: the SaaS solution administered and facilitated by HiddenApp via the HiddenApp which is provided in accordance with the HiddenApp Legal Policies.
HiddenApp Site: refers to the website at https://hiddenapp.com and any sub-domain or any domain that may be included from time to time.
HiddenApp Software: refers to the application software pertaining to the HiddenApp Platform which is either owned by, or licensed to, HiddenApp and is licensed non-exclusively to Subscribers to the extent necessary for Subscribers to make full use of the HiddenApp.
HiddenApp Subscriber: refers to a Consumer Subscriber or a Business Subscriber who has subscribed to the HiddenApp Services.
HiddenApp Visitor: refers to a user of any restricted part of the HiddenApp Property who is not a registered Subscriber with a Subscriber Login.
Initial Subscription Term: the initial term of these Terms which shall be annual as per Clause 12.1
Intellectual Property Rights: refers to all patents, rights to inventions, software rights, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world including all those pertaining to the HiddenApp.
Losses: claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Network Provider: refers to the third party provider with whom You have a contract with to access the internet.
Personal Data: as defined in the Data Protection Legislation.
Renewal Subscription Term(s): refers to the renewal period(s) as per Clause 12.1.
Subscriber: refers to the registered Consumer Subscriber or Business Subscriber of the HiddenApp.
Subscriber Login: as referred to at Clause 3.1.
Subscriber Obligations: refers to those obligations listed at Clause 9.
Subscriber Registration Data: refers to the data (including Personal Data) that You provide to Us when You sign-up to a subscription.
Subscription Fees: the subscription fees payable for use of the HiddenApp Services.
Subscription Term: efers to the Initial Subscription Term together with any subsequent Renewal Subscription Terms.
Terms: refers to the terms and conditions in this HiddenApp Licence.
Third Party: refers to a party other than HiddenApp (whether commercial or personal).
Tracking Data: refers to the evidential reporting data that is provided by the HiddenApp when it is lost or stolen which (provided tracking has been initiated on the Device by Subscriber setting the Device to Test Mode, Lost/Stolen Mode or manually), shall comprise the Device location, photos from the iSight camera, screenshots from the Device, network data and key logs. For iOS, the Hidden App automatically tracks location based on the movement of the Device. However, to receive iSight photos or network data, the Device has to be set to Test Mode, Lost or Stolen Mode or a data request button has to be selected manually. For macOS to track location, receive iSight photos or network data, the HiddenApp needs to be put into Test Mode, Lost/Stolen Mode or a data request button has to be selected manually. The information on the different features and how to enable their functionality is found on the HiddenApp Site.
Updates: as referred to in Clause 2.8.
Virus(es): anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojans, viruses and other similar things or devices.