End User License Agreement

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE DOWNLOADING OR USING THE APPLICATION:
This end user licence agreement (the "Agreement") is a legal agreement between the licensee ("you") and YOUGETITBACK Limited of 5 Cleve Business Park, Monahan Road, Blackrock, Cork, Ireland ("Licensor" or "we" or "us"). This software application which includes computer software, the data supplied with it, the associated media, printed materials, purchase information and online OR electronic documentation (the "Application") should only be used by you on the condition that you agree to the terms and conditions in this Agreement. This is a licensing agreement and not a purchase contract. The Licensor remains the owner of the copy of the Application and of the physical medium, if any, on which the Application is supplied in commercial packaging as well as of all copies of the Application. This Agreement was last updated in July 2012.

THE APPLICATION MUST BE OPERATED ON A COMPATIBLE MOBILE DEVICE WITH THE APPROPRIATE SPECIFICATIONS (THE "DEVICE"). BY PROCEEDING TO INSTALL, DOWNLOAD OR USE THE APPLICATION OR CLICKING ON THE "ACCEPT" BUTTON YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU AND YOUR EMPLOYEES (WHERE APPLICABLE). YOU ARE NOT REQUIRED TO ACCEPT THESE TERMS, BUT UNLESS AND UNTIL YOU DO, YOU WILL NOT BE AUTHORISED TO USE THE APPLICATION. IN THE CASE WHERE YOU DO NOT ACCEPT THE TERMS YOU MAY NOT INSTALL OR USE THE APPLICATION AND YOU MUST DELETE OR DESTROY ALL COPIES OF THE APPLICATION FROM YOUR DEVICE OR IN YOUR POSSESSION. IF YOU PURCHASED THIS APPLICATION FROM AN AUTHORISED THIRD-PARTY RETAILER, PLEASE NOTE THAT THE RETAILER HAS THE RIGHT TO SELL THE APPLICATION ON OUR BEHALF. LICENSING OF THE APPLICATION IS EFFECTED DIRECTLY FROM US UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT.

DISCLAIMER
THE APPLICATION CAN TRACK THE LOCATION OF YOUR DEVICE AT YOUR REQUEST. IF YOU DO NOT WANT YOUR DEVICE LOCATION TRACKED, DO NOT USE THE APPLICATION OR DISABLE THE TRACKING FEATURE VIA YOUR WEBSITE ACCOUNT.

1. GRANT AND SCOPE OF LICENSE

1. The Application is licensed, not sold. In consideration of you agreeing to abide by the terms of this Agreement, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Application during the Licence Term.
2. You may:
1. download, install and use the Application for your private or internal business purposes either on a Device which is your own or on a Device for which you have obtained the authorisation of the owner;
2. use the Application either (as agreed between the parties):
1. on one Device if the Licence is a single-user licence or the Application is for single use; or
2. if the Licence is a multi-user or network licence, for the number of concurrent users agreed between you and us;


3. transfer the Application from one Device to another provided it is used on only one Device at any one time; and
4. receive and use any free supplementary software code or update of the Application incorporating "patches" and corrections of errors as may be provided by the Licensor from time to time.



2. LICENCE TERM

1. The "Licence Term" shall begin on the date of your initial installation of the Application, and shall last for the period of time set forth in the applicable transaction documentation from, the Licensor or the authorized distributor or reseller from which you obtained the Application. Subject to clause 12.3, in the event that no such Licence Term is specified the Licence Term shall be a default term of one (1) year from the date of purchase, except in the case of:
1. free versions of the Application where the Licence Term shall be for as long as the Licensor makes the Application available to you; and
2. monthly licences, where the Licence Term shall automatically roll over for each month that the relevant monthly licence fee is paid by you.


2. The Application may automatically deactivate and become non-operational at the end of the Licence Term.



3. YOUR UNDERTAKINGS

1. Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
1. not to copy the Application except where such copying is incidental to normal use of the Application;
2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application;
3. not to make alterations to, or modifications of, the whole or any part of the Application nor permit the Application or any part of it to be combined with, or become incorporated in, any other programs;
4. not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Application nor attempt to do any such things;
5. not to use the Application for any unlawful or illegal purpose or for any purpose other than its intended purpose;
6. to keep all copies of the Application secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Application;
7. to supervise and control use of the Application (where relevant) and ensure that the Application is used by your employees and representatives in accordance with the terms of this Agreement;
8. obtain the consent of the owner of the Device before downloading and using the Application on that Device;
9. to replace the current version of the Application with any updated or upgraded version or new release provided by the Licensor under the terms of this Agreement; and
10. not to provide, or otherwise make available, the Application in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from the Licensor.


2. You must permit the Licensor and its representatives, at all reasonable times and on reasonable advance notice, to inspect and have remote access to the Device on which the Application is being kept or used, and any records kept pursuant to this Agreement, for the purpose of ensuring that you are complying with the terms of this Agreement.
3. You must be over the age of 18 years to use the Application without parental consent. If you are between the ages of 13 and 18, you may only purchase and utilise the Application in conjunction with and under the supervision of your parents or guardian. You understand that you are financially responsible for purchases made by you and those using your account information. You agree to notify us immediately of any unauthorised use of your account information or any other breach of security. You affirm that you are over the age of 13. If you are under 13 years of age, your use of the Application is prohibited and we ask that you discontinue all use of the Application.
4. In the event that you are an employer and you install the Application on a Device provided to or owned by your employees you acknowledge and agree that you have obtained all the necessary consents and approvals from such employees that are required to effect such installation and to receive support on behalf of the employees.
5. You hereby agree to indemnify and hold the Licensor and its licensors harmless from and against any liabilities, damages, judgments, losses, costs and expenses (including reasonable legal fees) arising from your use of the Application in a manner inconsistent with this Agreement.



4. REGISTRATION & SUPPORT

1. The Licensor’s online registration portal provides a number of benefits including access to your personal support database (the "Support Website") where you will be able to update your details and benefit from the support services. To access the Support Website, you must log into the website provided to you using your username and password and follow the relevant instructions.
2. In order to complete the registration and or activation process you must choose a user name and password (the "Account ID"). The Licensor may restrict the Account ID you can choose. You may be asked to provide information including (but not limited to) your name, email address, phone number and postal address and other information required to provide you with the Application. You are fully responsible for all actions taken using your Account ID and you agree only to use your own Account ID to access the Support Website.
3. You are responsible for keeping your information (including your credit or debit card and user name and password) secure against unauthorised access. You agree to immediately notify us of any unauthorised use of your Account ID, your credit or debit card, or any other breach of security. We will not be liable to you for any losses you may incur as a result of any unauthorised third party access to your account and/or any fraudulent use of your credit or debit card on the Support Website.
4. We reserve the right to reject or refuse to accept your application to become a registered user. You are responsible for maintaining and promptly updating your account information as necessary to ensure accuracy and completeness.
5. You must complete all details requested on the Support Website and or provide correct information upon activation or registration as we cannot guarantee that we will have sufficient information to mediate the return of your Device if this information has not been completed in full.
6. Your use of the Application may result in certain incidental usage charges ("Incidental Charges") during the installation and use of the Application and Licensor shall not be responsible for such Incidental Charges. These charges may, among others, be imposed by your mobile network operator or your internet service provider. You are advised to consult your mobile data or internet data plan to identify the charges which may be incurred prior to the installation and operation of the Application.
7. We will endeavour to answer by telephone or by email any queries which you, as the original registered purchaser, may have regarding the use or application of the Application during the period of the Licence.
8. If you contact us to receive support services and you are not the owner of the Device then you warrant that you have the necessary authorisation and consent from the owner of the Device to receive such support.
9. You acknowledge that it may not be possible to provide the support services and you may not be able to receive the full benefit of the Application if for example:
1. you do not have the appropriate cellular or internet connection;
2. the Device is not receiving the GPS signal due to atmospheric factors or other sources of error;
3. your Device is not charged or powered "on"; or
4. you cancel your subscription with your network provider (in the case that you are using the Application on a mobile phone as the Application is linked to your mobile phone number).



5. INTELLECTUAL PROPERTY RIGHTS

1. You acknowledge that all intellectual property rights in the Application throughout the world belong to the Licensor, that rights in the Application are licensed (not sold) to you, and that you have no rights in, or to, the Application other than the right to use it in accordance with the terms of this Agreement.
2. You acknowledge that you have no right to have access to the Application in source code form or in unlocked coding.



6. USE OF THE APPLICATION

1. You acknowledge that:
1. the Application has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Application meet your requirements;
2. the Application may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this Agreement;
3. in order for the Application to operate fully, the Device on which it is used may need to be connected to certain wireless and/or communication based technologies. There may be delays, limitations and other problems inherent in the use of the internet and electronic communication. Licensor is not responsible for any delays, failures or other damage resulting from such problems.


2. You agree that you are the best judge of the value and importance of the data held on your Device and that you will be solely responsible for:
1. instituting and operating all necessary back-up procedures, for your own benefit, to ensure that data integrity can be maintained in the event of loss of data for any reason; and
2. taking out any insurance policy or other financial cover for loss or damage which may arise from loss of data for any reason.



7. LICENSOR'S LIABILITY

1. Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud, or fraudulent misrepresentation.
2. Some states and countries do not allow the limitation or exclusion of liability for incidental or consequential damages, so the below limitation or exclusion may not apply to you.
3. The Licensor's liability for losses suffered by you arising out of or in connection with this Agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise exclude:
1. loss of income;
2. loss of business profits or contracts;
3. business interruption;
4. loss of the use of money or anticipated savings;
5. loss of information;
6. loss of opportunity, goodwill or reputation;
7. loss of, damage to or corruption of data; or
8. any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise,

provided that this condition 7.3 shall not prevent other claims for direct financial loss that are not excluded above.


4. The Licensor's maximum aggregate liability under or in connection with this Agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to the lessor of one hundred and twenty five per cent (125%) of the fee paid for the Application or Licensor’s suggested retail price for the Application on the date you received it.
5. The Licensor's liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in Ireland.
6. The Licensor shall have no liability to you in event of:
1. any use of the Application by you other than in accordance with the terms of this Agreement or use of the Application for a purpose for which it was not designed;
2. any temporary or permanent reproduction by any means and in any form, in whole or in part, of the Application;
3. any reverse assembly, reverse compilation, reverse engineering or adaptation of the whole or part of the Application;
4. alteration, modification, adjustment, translation, adaptation or enhancement made by you to the Application or any combination, connection, operation or use of the Application with any other equipment or software;
5. any dissemination, sale, hire, lease offer or exposure for sale or distribution of the Application;
6. any loss resulting from an item of third party hardware or software, even if forming part of the Application or if the Licensor has recommended such third party hardware or software;
7. any act, omission, negligence, fraud or default of or by you or your officers, employees, agents or contractors; or
8. you downloading and or accessing the Application (whether innocently or otherwise) using unauthorised access codes. The Licensor shall be entitled to deactivate the Application downloaded by you in such circumstances without any further liability to you.


7. This Agreement sets out the full extent of the Licensor's obligations and liabilities in respect of the Application regardless of whether you accept and/or ultimately make use of the Application. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Agreement. Any condition, warranty, representation or other term concerning the Application which might otherwise be implied into, or incorporated in, this Agreement (including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights) or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the fullest extent permitted by law.
8. Licensor does not warrant that the Application will be uninterrupted or error free or that the Application will provide complete protection against all possible outcomes and threats.



8. UNSAFE SOFTWARE AND NETWORKS

1. Where you are using the Application to remove malicious software from your Device and identify unsecured networks, the Application will search your Device for possible threats including but not limited to, spyware, unsecured wireless networks and other potentially damaging software ("Possible Threats"). The Application will only remove or disable the Possible Threats if you agree. Licensor shall not be responsible for the removal of software from your Device that is not a Possible Threat or for failing to remove any software that would be considered a Possible Threat and may be potentially damaging to your Device.
2. As part of using the Application to identify Possible Threats on your Device the Licensor may collect information about you, information about your Device and information stored on your Device, suspicious files from the Device on which the Application is installed and files affected by the Possible Threats and any information about such files. The Licensor shall use this information only to review the Possible Threats and make you aware of the Possible Threats and shall take reasonable measures to keep any personal information collected confidential. If you accept this Agreement and activate the above function of the Application, you agree that this information may be forwarded to the Licensor and at the same time you grant to the Licensor the consent necessary pursuant to the relevant legal regulations to process the obtained information.
3. The Application may make changes to your Device that may adversely affect its functionality, such as deleting application files identified (correctly or incorrectly) by the Application as infected. You acknowledge and agree to any such changes to your Device that may occur as a result of your use of the Application.



9. LOCATION BASED SERVICES

1. In accordance with The International Association for the Wireless Telecommunications Industry we are required to explain the location based aspect of the Application to you and seek your express consent and agreement to the terms applicable to the use of that aspect of the Application.
2. The location based services form an integral part of the operational aspect of the Application. In order to locate your Device, we must be permitted to communicate with your Device. This requires the collection, use and sharing of among other things, the precise coordinate data and including real time geographic location of your Device with our partners, licensors and licensees. This data is transmitted via secure socket layer technology into password protected databases. This information may be retained during the Licence Term and for a reasonable period following termination and is accessible in accordance with the terms of the Privacy Policy referred to in clause 21.
3. You expressly agree, by ticking the box on registration or in advance of using the Application and by your subsequent continued use of the Application that you authorise the Licensor, to collect and use your location data in order to receive the benefits of the Application. Where applicable, you may at any time through the Support Website, disconnect your Device from the location based aspect of the Application. Instructions of such opt out will be detailed on the Support Website, however, if you opt out we may not be able to assist you in locating your Device and you will not be able to receive the benefit of the Application.
4. The use of location based software is not suitable for emergency situations and should not be relied upon during such times. We shall not be liable for any reliance placed by you on the Application being available for emergency situations.
5. In the event that the Device is located within the property or control of a third party, or you believe it to be within the property or control of a third party, or you believe the Device has been stolen, you should inform a member of the local law enforcement for the matter to be investigated in the proper manner in accordance with local laws.



10. DATA DELETION SERVICE

1. If the Application includes a data deletion option, permitting the deletion, wiping or shredding of the information contained on the Device ("Data Deletion"), you acknowledge that, once launched, Data Deletion may commence at any time. You furthermore acknowledge and agree that your use of Data Deletion is intended to result in the permanent destruction of data residing on your Device and may result in your Device becoming non-functional.
2. In order to activate Data Deletion you must complete the authorisation process on the Support Website or through the call centre and you must confirm that we are permitted to perform Data Deletion and that you are aware of the consequences of initialising Data Deletion.
3. By utilising Data Deletion, you acknowledge that the process is self-initiated and that you are solely and singularly responsible for authorising us to perform Data Deletion.
4. In order to initialise Data Deletion you will be asked to provide us with certain account specific information which should be known only to you. It is your responsibility to ensure the safe keeping of this information and the prevention of dissemination of this information to any third party. We shall have no liability in respect of any Data Deletion initiated by an unauthorised third party, in the event of their obtaining the information due to your negligence or otherwise.
5. You acknowledge that once completed the act of Data Deletion is irreversible and the data which has been deleted will not be capable of retrieval by the Licensor. The success of any Data Deletion may however be dependent on the Device being in contact with the Support Website through an appropriate connection.
6. We do not guarantee that any Data Deletion will be successful.



11. RETURN OF YOUR MOBILE DEVICE

1. Nothing in this Agreement shall be construed as guaranteeing or warranting that your Device will be returned to you or that your Device will be returned to you in the same condition.
2. We will endeavour to mediate the return of your Device to you in the condition that it is discovered. We will not be liable for any damage caused to the Device. We exclude all liability in respect of lost or stolen Devices and our only obligation in respect of such Devices will be to try to mediate the return of them to the party who has been registered as the owner of that Device.
3. All delivery fees for the return of the Device are payable by you. You are also obliged to pay any optional reward that you may have agreed to make available to the finder. If you offer such an optional reward, you will provide us with the necessary details and you will authorise us to debit the amount of such optional reward from your credit or debit card account in the event that an optional reward becomes payable to a finder.
4. You acknowledge and agree that we are under no obligation and we may be unable to return your Device to you where the Application has not been activated on the Device. We will, however, use reasonable endeavours to mediate the return of your Device to you if possible, but your failure to activate the Application or keep the details on the Support Website up to date may mean that we do not have the necessary details to mediate the return of the Device to you.



12. TERMINATION

1. The Licensor may terminate this Agreement immediately by written notice to you if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within fourteen (14) days after the service on you of written notice requiring you to do so.
2. This Agreement shall terminate at the end of the relevant Licence Term.
3. The Licensor reserves the right to refuse to licence the Application to you or to discontinue your rights to access the Application at any time and at its sole discretion.
4. Upon termination for any reason:
1. all rights granted to you under this Agreement shall cease;
2. you must cease all activities authorised by this Agreement;
3. you must immediately pay any sums due under this Agreement; and
4. you must immediately delete or remove the Application from all Devices where it is installed and all copies of the Application then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.



13. TERMS AND CONDITIONS APPLICABLE TO THIRD PARTY SOFTWARE

Certain portions of software code provided as a part of the Application may be subject to "open source" or "free software" licences ("Third Party Software"). The Third Party Software is not subject to the terms and conditions of this Agreement. Instead, each item of Third Party Software is licensed under the terms and conditions of the license that accompanies such Third Party Software. Nothing in this Agreement limits your rights, or grants you rights that supersede the terms and conditions of, any applicable license for the Third Party Software, including any rights to copy, modify or distribute Third Party Software under the applicable licence.



14. TRANSFER OF RIGHTS AND OBLIGATIONS

1. This Agreement is binding on you and us and on our respective successors and assigns.
2. You may not transfer, assign, charge or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without our prior written consent.
3. The Licensor may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of its rights or obligations arising under it, at any time.



15. NOTICES

All notices given by you to the Licensor must be given to the email address specified on the Support Website. The Licensor may give notice to you at either the e-mail or postal address you provided to it or its representative. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.



16. EVENTS OUTSIDE THE LICENSOR'S CONTROL

1. The Licensor will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by events outside our reasonable control (Force Majeure Event).
2. The Licensor's performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.



17. AMENDMENTS TO THE LICENCE

1. The Licensor and its licensors reserve the right, at their sole discretion, to amend, add or delete any of the terms and conditions of this Agreement. The Licensor will post notification of any such changes to this Agreement on the Support Website and will provide a link to the revised version of this License.
2. If any changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the terms herein. Your installation, download and/or use of any updated or modified Application and/or your continued use of the Application following notice of changes to this Agreement as described above means you accept any and all such changes. The Licensor and its licensors may change, modify, suspend, or discontinue any aspect of the Application at any time. The Licensor may also impose limits on certain features of the Application without notice or liability. You disclaim any right, title or interest, monetary or otherwise, in any feature or content contained in the Application.



18. WAIVER

1. If we fail, at any time during the Licence Term, to insist upon strict performance of any of your obligations under this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.



19. SEVERABILITY

If any of the terms of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.



20. CONFIDENTIAL INFORMATION

The Application includes confidential information of the Licensor and all copyright, trademarks and all other intellectual property rights in and to the Application are and shall remain the sole and exclusive property of the Licensor. Nothing in this Agreement shall confer any rights in any trade name, business name or trade mark of the Licensor on you. The provisions of this clause 20 shall continue to operate after the termination of this Agreement.



21. TERMS OF USE AND PRIVACY POLICY

1. Your use of the Support Website is subject to the terms of use included as a link at the bottom of the Support Website and you agree to abide by those terms (the "Terms of Use").
2. By providing personal information to us through your use of the Application and the Support Website you agree to the collection and use of it by the Licensor in accordance with the privacy policy posted on the Support Website (the "Privacy Policy").



22. ENTIRE AGREEMENT

1. This Agreement and any document expressly referred to in it constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the licensing of the Application.
2. We each acknowledge that, in entering into this Agreement (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representation") of any person (whether a party to this Agreement or not) other than as expressly set out in this Agreement or those documents.
3. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in this Agreement.
4. Nothing in this clause shall limit or exclude any liability for fraud.



23. LAW AND JURISDICTION

1. This Agreement, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Ireland and submitted to the exclusive jurisdiction of the courts in the Republic of Ireland.
2. In the event of a conflict between different translations of this Agreement the original English version will prevail.