Acceptance of Terms
These Terms and Conditions ("Terms") apply to your access to and use of the websites, mobile applications, and other products and services (collectively, our "Services") provided by Ascendea Limited ("Ascendea," "we," or "us"), a company registered in England and Wales with its principal office in Warwick, United Kingdom.
By clicking to indicate your acceptance of these Terms, downloading the Ascendea AI mobile application, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, do not access or use our Services.
End User Licence Agreement (EULA)
This section constitutes a legally binding End User Licence Agreement between you and Ascendea Limited. This EULA applies to the Ascendea AI mobile application distributed via the Apple App Store and Google Play Store.
2.1 Licence Grant
Subject to your compliance with these Terms, Ascendea grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the Ascendea AI mobile application ("App") on a mobile device that you own or control, solely for your personal or internal business purposes.
2.2 Licence Restrictions
You agree not to:
- Copy, modify, or distribute the App or any portion thereof;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;
- Rent, lease, lend, sell, sublicence, or transfer the App to any third party;
- Remove, alter, or obscure any proprietary notices on the App;
- Use the App for any purpose that is unlawful or prohibited by these Terms;
- Use the App in any manner that could damage, disable, overburden, or impair the Services.
2.3 Ownership
The App is licensed, not sold, to you. Ascendea retains all right, title, and interest in and to the App, including all intellectual property rights therein.
2.4 Updates
Ascendea may from time to time develop and provide App updates. You agree that Ascendea has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
2.5 Termination of Licence
This licence is effective until terminated by you or Ascendea. Your rights under this licence will terminate automatically without notice from Ascendea if you fail to comply with any term of these Terms.
2.6 Apple App Store — Additional Terms
Apple-Specific Provisions
These Terms are concluded between you and Ascendea only, and not with Apple Inc. Ascendea, not Apple, is solely responsible for the App and its content.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App.
Ascendea, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including product liability claims, regulatory compliance claims, and claims arising under consumer protection or privacy legislation.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary thereof.
Eligibility
You must be at least 18 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorised to accept these Terms on that person or entity's behalf.
Account Security
You will need to register for an account to access some or all of our Services. You must provide accurate account information, maintain the security of your account, not share your account credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
Acceptable Use Policy
When you access or use our Services, you agree not to:
- Violate any applicable law, contract, intellectual property or other third-party right;
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Impersonate any person or entity;
- Use or attempt to use another user's account without authorisation;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users;
- Reverse engineer any aspect of our Services;
- Attempt to circumvent any content-filtering techniques we employ;
- Develop or use any third-party applications that interact with our Services without our prior written consent.
Objectionable Content and Abusive Users
Ascendea maintains a zero-tolerance policy for objectionable content and abusive behaviour. You agree not to post, upload, share, or transmit any content through the Services that:
- Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable;
- Promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- Exploits or endangers minors in any way;
- Contains sexually explicit material, graphic violence, or gratuitous gore;
- Promotes illegal activities or provides instructional information about performing illegal activities;
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any party;
- Contains software viruses, malware, or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware;
- Constitutes spam, unsolicited advertising, chain letters, or any form of unauthorised solicitation.
Ascendea reserves the right to remove any content that violates these Terms, suspend or terminate accounts of users who violate these Terms, and report illegal activity to the appropriate law enforcement authorities.
Users who encounter objectionable content or abusive behaviour should report it immediately to [email protected]. We will investigate all reports and take appropriate action.
Intellectual Property
The Services and their entire contents, features, and functionality are owned by Ascendea, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
User Content
Our Services may allow you to create, post, store, and share content, including messages, photos, videos, and other materials ("User Content"). You retain all rights in and to your User Content. You grant Ascendea a non-exclusive, worldwide, and sub-licensable licence to use, reproduce, adapt, publish, translate, distribute, and display your User Content solely for the purpose of providing and improving the Services.
Third-Party Services
The Services may contain links to or integrations with third-party websites, services, or resources. Ascendea is not responsible for the availability, accuracy, or content of such third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ASCENDEA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, WITHOUT ERRORS, OR SECURE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASCENDEA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
Indemnification
You agree to indemnify, defend, and hold harmless Ascendea and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of the Services or your violation of these Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Changes to These Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
Contact Us
If you have any questions about these Terms and Conditions, please contact us using the details below:
Phone
+44 (0) 7400 410700Address
The Innovation Centre, Warwick Technology Park, Gallows Hill, Warwick CV34 6UW