Terms of Use

About these terms

These Terms of Use (“Terms”) govern your use of this website and of the mobile applications published by Noventra Software Ltd, a company registered in England and Wales under company number 17373060 with its registered office at Suite 11083, 5 Brayford Square, London, E1 0SG, United Kingdom.

By using this website, or by downloading, installing or using one of our applications, you agree to these Terms. If you do not agree to them, please do not use the website or the applications.

These Terms are made available exclusively in English. We recommend you save or print a copy for your records.

Definitions

• “We”, “us”, “our” means Noventra Software Ltd.
• “You” means the person using the Site or an Application.
• “Site” means this website and any subdomain we operate.
• “Application” means any mobile or desktop software we publish, including all updates and accompanying documentation.
• “Store” means the Apple App Store, Google Play or another storefront through which an Application is distributed.
• “Content” means any text, data, media or other material you create, upload or store using an Application.

Use of this website

The Site is provided for general information about our company and our work. We try to keep it accurate and current, but we give no warranty that it is complete or error-free, and nothing on it constitutes professional advice or a binding offer.

Descriptions of applications, capabilities, pipelines and timelines are indicative. Products under development may change substantially or may never be released.

You may not use the Site to attempt unauthorised access, to introduce malicious code, to conduct automated scraping that places an unreasonable load on it, or for any unlawful purpose.

Licence to use our applications

Subject to your compliance with these Terms and with the rules of the Store you obtained it from, we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the Application on devices you own or control, for your personal use, or for internal business use where the Application is sold for business purposes.

You may not, except to the extent that applicable law expressly permits it despite this restriction:

• copy, modify, adapt, translate or create derivative works of an Application;
• reverse engineer, decompile or disassemble it, or attempt to derive its source code;
• rent, lease, lend, sell, sublicense, distribute or otherwise transfer it to a third party;
• remove or obscure any proprietary notice it contains;
• circumvent any licensing, authentication or technical protection measure;
• use it to build a competing product or service.

We reserve all rights not expressly granted. This is a licence, not a sale: you acquire no ownership in the Application itself.

Store terms take precedence for distribution

Applications obtained from a Store are also subject to that Store's own terms, and those terms govern the distribution relationship between you and the Store.

Applications obtained from the Apple App Store

You acknowledge that:

• these Terms are between you and Noventra Software Ltd only, and not with Apple Inc.;
• Apple has no obligation to furnish any maintenance or support for the Application;
• if the Application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by law Apple has no other warranty obligation whatsoever;
• Apple is not responsible for addressing any claim by you or a third party relating to the Application, including product liability, regulatory non-compliance, or consumer protection claims;
• Apple is not responsible for the investigation, defence, settlement or discharge of any third-party claim that the Application infringes intellectual property rights;
• you must comply with applicable third-party terms of agreement when using the Application;
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

Applications obtained from Google Play

Your use is additionally subject to the Google Play Terms of Service. Where those terms conflict with these Terms in respect of distribution, refunds or payment, the Google Play terms prevail.

Purchases, subscriptions and refunds

Where an Application offers paid features, in-app purchases or subscriptions, the transaction is processed by the Store, not by us. We never see or store your payment card details.

Prices are shown in your local currency at the point of purchase and include applicable taxes where the Store is required to collect them.

Subscriptions

• subscriptions renew automatically at the end of each period unless cancelled at least 24 hours before the end of the current period;
• you manage and cancel subscriptions in your Store account settings, not in the Application;
• deleting an Application does not cancel a subscription;
• where a free trial is offered, any unused part of it is forfeited when you purchase a subscription.

Refunds

Refund requests must be made to the Store that processed the payment — Apple via reportaproblem.apple.com, or Google via your Google Play order history. We do not have the technical ability to issue a refund for a Store transaction.

This does not affect your statutory rights. If an Application is faulty or not as described, please contact us and we will help you pursue the matter.

Acceptable use

You agree not to use the Site or any Application to:

• break any applicable law or regulation;
• infringe anyone's intellectual property, privacy or other rights;
• upload or transmit material that is unlawful, defamatory, harassing, abusive, hateful, or that sexually exploits or endangers a child;
• distribute malware, or interfere with the operation or security of the service;
• impersonate another person or misrepresent your affiliation with anyone;
• harvest data about other users, or send unsolicited commercial messages;
• attempt to gain unauthorised access to any account, system or network.

We may suspend or terminate access where we reasonably believe this section has been breached. Where a feature allows users to report content, reports are reviewed and acted on promptly.

Your content

You retain all ownership of Content you create in our Applications. We claim no rights in it.

Where an Application syncs or stores Content on our infrastructure, you grant us a limited, worldwide, royalty-free licence to host, store, transmit and reproduce that Content strictly for the purpose of operating the feature you asked for. That licence ends when you delete the Content or your account. We do not use your Content to train models, and we do not sell it.

You are responsible for ensuring you have the right to store and share the Content you upload, and for keeping your own backups where the Content matters to you.

Intellectual property

The Site, the Applications, and all software, source code, designs, text, graphics, logos and other material we provide are owned by Noventra Software Ltd or our licensors and are protected by copyright, database rights, trade mark law and other intellectual property law.

“Noventra” and the Noventra mark are trade marks of Noventra Software Ltd. You may not use them without our prior written permission.

Apple, the Apple logo, App Store and TestFlight are trade marks of Apple Inc. Google Play, Android and the Google Play logo are trade marks of Google LLC. Their use here is nominative and does not imply any affiliation or endorsement.

Where an Application incorporates open-source components, those components remain governed by their own licences, which are listed inside the Application.

Third-party services and links

The Site and our Applications may link to or interoperate with services we do not control. We provide those links for convenience and we do not endorse, and are not responsible for, their content, availability, security or privacy practices.

Your use of a third-party service is governed by that service's own terms, and you should read them. We are not liable for loss arising from your use of a third-party service.

Availability, updates and discontinuation

We aim to keep the Site and our Applications available and working, but we do not guarantee uninterrupted or error-free operation. Access may be suspended for maintenance, upgrades, or reasons beyond our control.

We may issue updates, and some updates may be required for an Application to keep functioning. Your device or Store settings may install them automatically.

We may modify, suspend or discontinue any Application or feature. Where we discontinue a paid Application or a feature you are actively paying for, we will give reasonable prior notice and, where appropriate, a pro-rata refund of any prepaid amount covering the period after discontinuation. Where practical we will provide a means to export your Content before service ends.

Disclaimers

To the fullest extent permitted by law, and except as expressly stated in these Terms, the Site and the Applications are provided “as is” and “as available”, and we exclude all implied warranties, conditions and terms — including any implied terms as to satisfactory quality, fitness for a particular purpose, and non-infringement.

We do not warrant that an Application will meet your requirements, that its operation will be uninterrupted or error-free, or that defects will be corrected.

Our Applications are general-purpose software. They are not medical devices, and nothing in them constitutes medical, legal, financial or other professional advice. Do not rely on them for any purpose where failure could lead to death, personal injury, or severe environmental or financial damage.

Nothing in this section limits the statutory rights described in the section on consumer rights below.

Limitation of liability

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or Part 1 of the Consumer Rights Act 2015; or any other liability that cannot lawfully be excluded or limited.

Subject to that paragraph, and to the fullest extent permitted by law:

• we are not liable for loss of profit, loss of business, business interruption, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss, however arising;
• we are not liable for loss or corruption of data, save where it results from our failure to take reasonable care — you remain responsible for keeping your own backups;
• our total aggregate liability arising out of or in connection with an Application or the Site is limited to the greater of (a) the total amount you paid us for that Application in the twelve months before the claim arose, or (b) £100.

These limits apply to liability in contract, tort (including negligence), breach of statutory duty, or otherwise.

Your rights as a consumer

If you are a consumer, you have legal rights that these Terms cannot take away.

Under the Consumer Rights Act 2015, digital content supplied to you must be of satisfactory quality, fit for purpose, and as described. If it is not, you may be entitled to a repair, a replacement, or a price reduction, and to compensation for damage the digital content causes to your device or other digital content.

You may also have a statutory right to cancel within 14 days of purchase. Note that this right is generally lost once the download of digital content begins with your express consent and acknowledgement — and that the Store, not Noventra, administers the transaction.

Nothing in these Terms affects your rights under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or any other applicable consumer protection law. For advice, contact Citizens Advice.

Suspension and termination

You may stop using the Site or an Application at any time, and may delete your account and Content from within the Application where that feature exists.

We may suspend or terminate your licence with immediate effect if you materially breach these Terms — in particular the acceptable use section — or where we are required to by law or by a Store.

On termination, your licence ends and you must stop using and delete the Application. Sections that by their nature should survive — intellectual property, disclaimers, limitation of liability, and governing law — continue to apply.

Governing law and jurisdiction

These Terms, their subject matter and their formation are governed by the law of England and Wales.

The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

If you are a consumer resident elsewhere in the United Kingdom or in another country, you keep the benefit of any mandatory protections of the law of your country of residence, and you may be able to bring proceedings in your local courts.

General

Entire agreement. These Terms, together with the Privacy Policy and any app-specific terms, are the whole agreement between us in relation to their subject matter.

Severability. If any provision is held unlawful or unenforceable, the remainder continues in force.

No waiver. A delay in enforcing a right is not a waiver of it.

Assignment. You may not transfer your rights under these Terms without our written consent. We may transfer ours to a successor of our business, provided your rights are not adversely affected.

Third parties. Except for Apple Inc. as described above, no one other than you and us has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

Changes. We may amend these Terms. Material changes will be notified through the Site or the Application before they take effect, and the effective date above will be updated. Continuing to use the Site or an Application after that date constitutes acceptance.

Contact

Questions about these Terms should go to contact@noventra.dev, or by post to Legal, Noventra Software Ltd, Suite 11083, 5 Brayford Square, London, E1 0SG, United Kingdom.