Last Updated: 4th January 2024
1. Agreement To Terms
1.1 By downloading or using the App, you agree to be bound by the terms of this EULA, which includes our Privacy Policy (available at https://kibouapp.com/privacy-policy). If you cannot not agree to these terms, do not download or use the App.
1.2 We reserve the right to update and modify this EULA. Any such changes will be effective upon notification during your next use of the App. Continued use of the App after changes constitutes acceptance of the revised terms.
2. Grant and Scope of Licence
2.1 Subject to your compliance with this EULA, we grant you a non-transferable, non-exclusive licence to use the App on your mobile device (the “Device”) in accordance with the operating system requirements specified on our website or app store listing pages.
2.2 You may download, view, use, and display the App on the Device for personal use only, and use the Documents for personal purposes only.
3. Licence Restrictions
3.1 Except as expressly permitted by this EULA, you agree not to:
(a) Copy the App or Documents, except where such copying is incidental to normal use, or for backup or operational security purposes.
(b) Rent, lease, sublicense, loan, translate, merge, adapt, vary, or modify the App or Documents.
(c) Make alterations or modifications to the App or Documents or permit them to be combined with other programs.
(d) Disassemble, decompile, reverse-engineer, or create derivative works based on the App, except to the extent permitted by applicable law.
4. Acceptable Use Restrictions
4.1 You must use the App and any associated services in accordance with applicable laws and:
(a) Not use the App unlawfully, for any unlawful purpose, or in any manner inconsistent with this EULA.
(b) Not infringe our intellectual property rights or those of any third party.
(c) Not transmit defamatory, harmful, offensive or objectionable material.
(d) Not interfere with the App’s functionality, security, or other users.
5. Intellectual Property Rights
5.1 All intellectual property rights in the App, Documents, and related technology belong to Kibou or its licensors. The rights in the App are licensed, not sold, to the End User.
5.2 You acknowledge no right to access the App in source-code form.
6. Limitation of Liability
6.1 The App is provided “as is”, and we make no warranties, representations or guarantees regarding its accuracy, completeness, or suitability for your individual requirements.
6.2 We are not liable for any loss or damage, except for reasonably foreseeable losses resulting from our breach of this EULA or our negligence.
6.3 Our maximum liability under this EULA is limited to allowing the End User to download another copy of the App, except that nothing in this EULA shall limit or exclude any liability that cannot be excluded or limited by English law.
6.4 We are not liable for data usage, roaming charges or other costs incurred during App use.
7. Termination of Licence
7.1 We may terminate this EULA if you commit a material breach of its terms, fail to remedy such a material breach, if remediable, within any reasonable time intimated to you in this regard, or violate licence or acceptable use restrictions.
7.2 On termination, you must cease all activities authorised by this EULA, delete the App from your Device(s), and destroy all copies of the App and Documents.
8. Communication between parties
8.1 All communications under this EULA shall be in writing and sent to developers Element16 Media via email (info@element16media.com); expect a response within 5 working days.
8.2 We may contact you through the email address you provide.
9. Events outside of our control
9.1 We are not liable for any failure to perform due to any event(s) beyond our control, including but not limited to any unavailability or failure of the internet or any other telecommunications network.
9.2 In the event of any circumstances as described in clause 9.1 above, we will use reasonable efforts to find a solution to fulfil our obligations under this EULA.
10. Other Important Terms
10.1 We may transfer our rights and obligations under this EULA. You may only transfer your rights with our written consent.
10.2 Any failure or delay by us in enforcing any term of this EULA will not constitute a waiver of our rights thereunder.
10.3 If any term of this EULA is found to be unlawful or unenforceable, its other terms will remain in force, and the unlawful term shall be substituted by a lawful term as close as reasonably possible to the term deemed unlawful or unenforceable.
10.4 This EULA is governed by English law. The English courts have exclusive jurisdiction.
This agreement is effective as of the date of your first download of the App.
App Developer Contact Details:
Element16 Media LTD
https://element16media.com
info@element16media.com