Mova: Terms of Use

1. Introduction

1.1 Mova and any associated website, including www.movapp.com, (the App) is owned and operated by YourWakeApp Limited a company registered in Scotland with company number SC547138, and registered office at Tweedside Park, Galashiels, Borders, Scotland TD1 3TE (Mova, we, us). By using the App you agree to be bound by these terms (the Terms). These Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms, do not use the App. If you have any questions, you can contact us by email to info@movaapp.com.

1.2 We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

 

2. Sign-up

2.1 You warrant that all information that you provide to us on sign up is accurate and complete and you shall make any necessary changes to that information within your Mova account.

2.2 You are responsible for maintaining the confidentiality of our account. Please take precautions to protect your account details and contact us immediately or request a change to your password if you believe there has been any unauthorized use of your account.

 

3. Use of the App

3.1 The App is a motivational alarm clock that provides inspirational quotes relating to your chosen categories at the time you select. You may share the quotes on social media, and use the quotes as your screensaver.

3.2 The App must not be used for any illegal or unauthorised purpose and when you use the App you must comply with all applicable laws. In particular, but without limitation, you shall not (a) try to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; (b) use the App in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of the App; and/or (c) except to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the App.

3.3 The copyright and database rights in the App and all material contained in the App including all information, data, text, images, films and other recordings, software including source code is owned by or licensed to Mova. All rights are reserved.

 

4. Links to third party content

4.1. The App may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.

4.2. We accept no responsibility for advertisements contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, and not Mova, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

 

5. Liability and Disclaimer – Your attention is particularly drawn to this section

5.1 The App is provided on an “as is” basis. All implied warranties, terms and conditions relating to the App (whether implied by statute, common law or otherwise), including any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded.

5.2 Mova will not be liable, in contract, tort, delict (including negligence), under statute or otherwise, as a result of or in connection with the App, for any (a) economic loss; (b) loss of data; and/or (c) special or indirect or consequential loss even if advised of the possibility of such losses.

5.3. If Mova is liable to you directly or indirectly in relation to the App, that liability (howsoever arising) shall be limited to £10. Nothing in these Terms shall be construed as excluding or limiting the liability of Mova for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law. Your statutory rights as a consumer are not affected.

 

6. Availability

6.1 There may be occasions when access to the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall have no liability for such interruptions.

6.2 We reserve the right to cease providing the App and to remove any category of quote, any quote or other content or features from the App for any reason, without prior notice. We shall have no liability or responsibility to you in any manner whatsoever in such circumstances.

 

7. Copyright

7.1 We take the use of third party copyrights seriously. If you are a copyright owner or are acting for a copyright owner and you believe that any content on the App infringes your copyright, please send a notice to us by email to info@movaapp.com with the following information: identification of the copyright work claimed to have been infringed; your contact information including name, address and/or email address; a statement that you are the copyright owner or are duly authorized to act on behalf of the copyright owner and that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or permitted under applicable law; and a statement that the information in the notice is accurate.

 

8. Termination

8.1 Without prejudice to any other rights or remedies available to us, we may suspend or terminate your account if (a) you have breached any provision of these Terms; (b) we cannot verify or authenticate any information you provide to us; and/or (c) we determine that your conduct could damage our reputation.

 

9. General

9.1 In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.

9.2 These Terms constitute the entire agreement between you and Mova concerning your use of the App.

9.3 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

9.4 If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the App please follow this link http://ec.europa.eu/odr.

9.5. These Terms shall be governed by and construed in accordance with Scottish Law and you agree to submit to the exclusive jurisdiction of the Scottish Courts.

 

10. Additional Terms for Users who download the App from the Apple iTunes App Store

10.1 We both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content thereof.

10.2 The license granted to you for the App is limited to a non- transferable license to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.

10.3 We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

10.4 We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. 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 (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

10.5 We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

10.6 We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

10.7 You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

10.8 We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third- party beneficiaries of this Agreement, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

 

Last updated: June 2017