End user license agreement for StarLeaf applications
This End User License Agreement (License) sets out the terms on which you may use any StarLeaf application (StarLeaf App) downloaded or otherwise acquired by you for use on any device you own or control.
This License agreement (License) is a legal agreement between you and StarLeaf Limited and/or its affiliates (StarLeaf, us or we) for the StarLeaf App. Any printed or electronic materials associated with the StarLeaf App are referred to as Documentation.
By clicking the “continue” button, you agree to be bound by the terms of this License. If you do not accept the terms of this License, you must not use the StarLeaf App. We recommend that you keep a copy of this License for future reference.
If you want to learn more about the StarLeaf App, or if you are having problems using it, please contact us on [email protected].
1.1 In return for your agreeing to abide by the terms of this License, we grant to you a non-exclusive, non-transferable license to download, display and use the StarLeaf App on the terms of this License.
1.2 Other than your right to use the StarLeaf App or the Documentation in accordance with the terms of this License, you acknowledge that all intellectual property rights in the StarLeaf App and the Documentation throughout the world belongs to us, that rights in the StarLeaf App are licensed (not sold) to you, and that you have no rights in, or to, the StarLeaf App or the Documentation.
1.3 Any open-source software incorporated into the StarLeaf App (a) may be used in accordance with the terms and conditions of the specific license under which that open-source software is distributed, and (b) is provided on an “as is” basis.
1.4 This License is effective until you terminate it by uninstalling the StarLeaf App.
1.5 We may terminate this License immediately if you fail to abide by its terms and/or commit a material or persistent breach of this License which you fail to remedy (if remediable) within fourteen (14) days after the service of written notice requiring you to do so.
1.6 If you are using a paid-for version of the App then this Licence will automatically terminate 30 days after the expiry of the underlying paid-for service term.
1.7 Upon termination for any reason:
- all rights granted to you under this License shall cease;
- you must cease all activities authorized by this License; and
- you must immediately cease using, and uninstall, the StarLeaf App.
2.1 The StarLeaf App is for business use only.
2.2 You must be over the age of 16. The StarLeaf App is not intended for and should not be used by anyone under the age of 16.
2.3 You agree to comply with our Fair Use Policy.
3. Your use of the StarLeaf App
3.1 Except as permitted by applicable law, you agree that you will:
- not use the StarLeaf App for any unlawful purpose, or in a way which infringes the rights of anyone else or restricts or inhibits anyone else’s use of the StarLeaf App;
- not transmit any material or communications that are defamatory, offensive or otherwise objectionable in relation to your use of the StarLeaf App;
- not rent, lease sub-license, loan, provide, or otherwise make available, the StarLeaf App in any form, in whole or in part to any person without prior written consent from us;
- not copy, modify, alter, reverse engineer, decompile, disassemble, create derivative works or otherwise tamper with any software, databases and other technology that forms part of the StarLeaf App (or authorize, encourage or assist any other person to do so);
- not knowingly transmit any data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programme or similar computer code designed to adversely affect the operation of any computer software or hardware;
- not penetrate or attempt to penetrate the StarLeaf App’s security measures; and
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the StarLeaf App.
3.2 The StarLeaf App may not be used in the following countries: Armenia and Azerbaijan, Belarus, Burma, Democratic Republic of Congo, Democratic People’s Republic of Korea, Eritrea, Iran, Iraq, Ivory Coast, Lebanon, Liberia, Libya, Republic of Guinea, Sierra Leone, Somalia, South Sudan, Sudan, Syria or Zimbabwe.
4.1 From time to time, we may need to deploy or provide patches, updates, upgrades, additional content or other modifications to the StarLeaf App (Updates).
4.2 If you choose not to install Updates, or if you opt-out of automatic Updates, you may not be able to continue using the StarLeaf App.
4.3 Updates may result in the StarLeaf App being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw or disable the StarLeaf App while we deploy Updates.
5. Emergency calls
5.1 There are important differences between traditional telephone services and the StarLeaf App. The StarLeaf App does not support emergency calls to emergency services of any kind. The StarLeaf App is not a traditional telephone service or a replacement for your primary telephone service.
5.2 Consequently, it is your responsibility to purchase, separately from the StarLeaf App, traditional wireless or fixed line telephone services that offer access to emergency services.
6. Your account and password
6.1 When you download the StarLeaf App, you will be asked to provide us with your e-mail address. You will then be sent a 6-digit code which will allow you to register to use the StarLeaf App. Once you are registered to use the StarLeaf App, you may need to set up a password.
6.2 You confirm that all information and details that you provide to us are true, accurate and up-to-date.
6.3 You must keep your 6-digit code and any password confidential, and must not disclose them to any third party. If you know or suspect that anyone other than you knows your 6-digit code or password, you must promptly change your password and notify us at [email protected]
7. Our liability to you
7.1 We warrant that the StarLeaf App will, when properly used on an operating system for which it was designed (click here for a description of the operating system requirements), perform substantially in accordance with the functions described in the Documentation.
7.2 We do not warrant that the StarLeaf App will meet your requirements or that the operation of the StarLeaf App will be uninterrupted or error free or that defects in the StarLeaf App will be corrected. You shall load and use the StarLeaf App at your own risk.
7.3 To the extent permitted by applicable law and except as expressly set out in this License, we exclude all conditions, warranties, representations or other terms which may apply to the StarLeaf App or any content on it, whether express or implied.
7.4 We will not be liable to you for any of the following losses or damages (whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise) even if foreseeable:
- losses arising under or in connection with your use of, or inability to use, the StarLeaf App;
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss or corruption of data or information;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
7.5 Nothing in this License shall limit or exclude our liability for death or personal injury resulting from our negligence.
7.6 This License sets out the full extent of our obligations and liabilities in respect of the supply of the StarLeaf App and Documentation.
8. Changes to the terms of this License
8.1 We may revise the terms of this License at any time, for instance to reflect changes in or to relevant laws, regulatory requirements, our business or the StarLeaf App’s functionality or features.
8.2 If we change the terms of this License, we will post details of the changes below. We may also e-mail you with information about those changes.
8.3 By continuing to use the StarLeaf App, following notice of any changes to the terms of this License, you confirm that you accept those changes. If you do not agree to the changes, you must immediately stop using, and uninstall, the StarLeaf App.
These terms were last updated on 1 July 2017.
Other important terms
8.4 We may transfer our rights and obligations under this License to another organization, but this will not affect your rights or our obligations under this License.
8.5 This License and any document expressly referred to in it constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this License or any document expressly referred to in it.
8.6 If we fail to insist that you perform any of your obligations under this License, 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.
8.7 Each of the terms of this License operates 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.
8.8 This License, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
9. Apple-specific terms
9.1 The following Apple-specific terms will only apply if you have downloaded the StarLeaf App from the Apple App Store. These provisions are subject to the section above on “Our liability”:
- This License is agreed between you and StarLeaf only, not with Apple. We are solely responsible for the StarLeaf App and its contents.
- We, and not Apple, are responsible for addressing any claims by you or any third party relating to the StarLeaf App or your possession and/or use of the StarLeaf App, including, but not limited to: (i) product liability claims; (ii) any claim that the StarLeaf App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the StarLeaf App or your possession and use of the StarLeaf App infringes that third party’s intellectual property rights, we, and not Apple will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You promise that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple, and Apple’s subsidiaries, are third party beneficiaries of this License. Upon your acceptance of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce the License against you as a third party beneficiary.