Last Updated April 27, 2020
- This terms and conditions policy (the “Policy”) sets out the rules governing:
- the use of the websites at portal.gruntify.com, api.gruntify.com, any successor website, and the services available on that website or any successor website (the “Services”);
- the use of the Gruntify iOS and Android Apps provided for mobile data collection (the “Apps”), which have been designed to communicate with the Services; and
- the transmission, storage and processing of content by you, or by any person on your behalf, using the Apps and/or Services (“Content”).
- References in this Policy to "you" are to any customer for the Services and any individual user of the Services (and "your" should be construed accordingly); and references in this Policy to "us" or “the Developer” are to Gruntify™ (and "we" and "our" should be construed accordingly).
- By using the Apps and/or Services, you agree to the rules set out in this Policy.
2. General usage rules
- You must not use the Apps and/or Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
- You must not use the Apps and/or Services:
- in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
- in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
- You must ensure that all Content complies with the provisions of this Policy.
- You are responsible for your use of the Apps and/or Services, and any consequences thereof.
- You acknowledge and agree:
- To only use the Apps to submit reports and requests to the connected organisation via the Services (“the intended purpose”)
- not to attempt to reverse engineer, modify, copy, transfer, sell, disseminate, distribute, decompile, or disassemble any of the data, software, code, information or material made available or accessible in the Apps or Services;
- not to harass, threaten, abuse or intimidate other users;
- not to impersonate someone else or their account.
3. Unlawful Content
- Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
- Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- be in contempt of any court, or in breach of any court order;
- constitute a breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- constitute a breach of official secrets legislation; or
- constitute a breach of any contractual obligation owed to any person.
- You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
4. Graphic material
- Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children over 12 years of age.
- Content must not depict violence in an explicit, graphic or gratuitous manner.
- Content must not be pornographic or sexually explicit.
5. Factual accuracy
- Content must not be untrue, false, inaccurate or misleading.
- Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.
6. Negligent advice
- Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.
7. Marketing and spam
- You must not without our written permission use the Apps and/or Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.
- Content must not constitute or contain spam, and you must not use the Apps and/or Services to store or transmit spam - which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.
- You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Apps and/or Services or that you find using the Apps and/or Services.
- You must not use the Apps and/or Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes or similar letters, schemes or programs.
- You must not use the Apps and/or Services in any way which is liable to result in the blacklisting of any of our IP addresses.
8. Regulated businesses
- You must not use the Apps and/or Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.
- You must not use the Apps and/or Services for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals.
- You must not use the Apps and/or Services for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.
- You acknowledge that we do not actively monitor the Content or the use of the Apps and/or Services.
10. Data mining
- You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services, except as provided through the Service’s published API. You acknowledge that we may implement throttling on the API in the event of excessive use.
- You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.
12. Harmful software
- The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Apps and/or Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
- The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Apps and/or Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.
13. Intellectual property
- You do not own the Apps nor the Services.
- The licence to download, install and use the Apps does not and is not intended to grant you any interest or right with respect to any intellectual property in the Apps, Services or any other information or data.
- All rights in the intellectual property residing in the Apps and Services are the property of the Developer, including without limitation, copyright, trademarks and designs.
- For clarity, the Developer does not claim any ownership of Content created by you.
14. No warranty
- The Apps and Services are provided ‘as is’, and the Developer does not expressly or impliedly warrant that the Apps and/or Services are fit for any particular purpose, including the intended purpose.
- Additionally, the Developer does not warrant:
- The accuracy, reliability, adequacy or completeness of the Apps and/or Services or the data and information they contain or provide;
- The Apps and/or Services will be error-free or available for use at any particular time without interruption;
- The Apps and/or Services will meet your requirements or apply to your circumstances; or
- That any website including any third-party application store is free from any viruses or malicious software or code which may be transmitted to a mobile device or other computing device in connection with the download, installation or use of the Apps and/or Services.
15. Updates and availability
- From time to time, the Developer may issue updates to the Services and Apps. Continued functionality of the Apps may depend on you downloading the relevant updates.
- If any part of this policy is determined to be invalid, unlawful or unenforceable for any reason then that part, to the extent of the invalidity, unlawfulness or unenforceability, will be severed from the rest of the conditions of use and the remaining terms and conditions will continue to be valid and enforceable to the fullest extent permitted by law.
- To help improve the Apps and/or Services, the Developer may, from time to time, record information about your use of the Apps and/or Services. This information may include:
- The random, auto-generated user account number created when the Apps are first launched and associated with your device;
- When and how the Apps are used;
- The types of functions used.
- No attempt will be made to identify users or users’ activities unless the Developer is required by law to do so.