TERMS AND CONDITIONS

What's in these terms?

These terms tell you the rules for using Klu (our App).

Who we are and how to contact us

Strillobyte Ltd is registered in England and Wales under company number 8001801 and have our registered office at 71-75 SHELTON STREET, LONDON, WC2H 9JQ. We are a limited company. To contact us, please email HELLO@STRILLOBYTE.COM. By using our App, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our App.

There are other terms that may apply to you

These terms of use refer to our Privacy Policy, which also apply to your use of our App.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our App, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our App

We may update and change our App from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our App

We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our App through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at SUPPORT@STRILLOBYTE.COM.

How you may use material on our App

We are the owner or the licensee of all intellectual property rights in our App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our App for your personal use and you may draw the attention of others to content posted on our App. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our App must always be acknowledged. You must not use any part of the content on our App for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our App in breach of these terms of use, your right to use our App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this App

The content on our App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our App. Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied, that the content on our App is accurate, complete or up to date.

We are not responsible for websites we link to

Where our App contains links to other Apps or websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those Apps, websites or resources.

User-generated content is not approved by us

This App may include information and materials uploaded by other users of the App. This information and these materials have not been verified or approved by us. The views expressed by other users on our App do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us on SUPPORT@STRILLOBYTE.COM.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:
  • We exclude all implied conditions, warranties, representations or other terms that may apply to our App or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our App; or
  • use of or reliance on any content displayed on our App.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:
  • Please note that we only provide our App for domestic and private use. You agree not to use our App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy. Acceptable use You may use our App only for lawful purposes. You may not use our App:
  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to access without authority, interfere with, damage or disrupt:
  • any part of our App;
  • any equipment or network on which our App is stored;
  • any software used in the provision of our App; or
  • any equipment or network or software owned or used by any third party.

Uploading content to our App

You may upload photographs, documents, videos and other material to the App. Whenever you make use of a feature that allows you to upload content to our App, or to make contact with other users of our App, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our App a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy. We do not pre-screen any User Content (defined below), but we reserve the right to remove any posting you make on our App if, in our opinion, your post does not comply with the content standards set out below. We take no responsibility for the User Content that appears on the Service. User Content is the sole responsibility of the person or entity that uploads or posts the User Content. If you encounter any content that does not comply with the standards set out below, please immediately email Strillobyte Support at SUPPORT@STRILLOBYTE.COM. You are solely responsible for securing and backing up your content.

Content standards

These content standards apply to any and all material which you contribute to our App (Contribution), and to any interactive services associated with it. The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. Strillobyte Ltd will determine, in its discretion, whether a Contribution breaches the content standards.
A Contribution must:
  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from Strillobyte, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

Rights you are giving us to use material you upload

User Content means any content that you or other users upload, post or transmit to or through our App including without limitation, photographs, text, documents, videos, sound recordings, musical works, or audiovisual works, and any other works subject to protection under English law or any other jurisdiction, including, without limitation, patent, trade mark, trade secret and copyright law. For clarity User Content excludes any and all Strillobyte content. Subject to any third-party rights in any pre-existing content that is a part of your User Content and subject to the licence you grant to Strillobyte, you shall retain ownership of any rights that you may hold in your User Content, and posting your User Content does not transfer ownership of your rights. When you upload or post content to our App, you grant Strillobyte an unrestricted, assignable, sub-licensable, royalty-free, worldwide licence to exploit and use the User Content by any means, for the purposes of (i) advertising, marketing, and promoting Strillobyte and the Service; (ii) displaying and sharing your User Content; and (iii) providing the Service as authorised by these Terms. You further grant Strillobyte a royalty-free licence to use your user name, image, voice and likeness to identify you as the source of your User Content. Any User Content you upload or post or otherwise transmit to Strillobyte will be considered non-confidential and non-proprietary and treated as such by Strillobyte, and may be used by Strillobyte in accordance with these terms without notice to you and without any liability to Strillobyte. To the greatest extent permitted by law and subject to our Privacy Policy, the licence granted in this section is irrevocable. Your licence to Strillobyte grants us the right to reproduce, distribute, publicly display, publicly perform, make available, create derivative works from, and otherwise use any or all of your User Content. This means that you are granting Strillobyte the right to use your User Content without the obligation to pay royalties to any third party. In consideration of the provision of the Service to you, you hereby unconditionally and irrevocably waive any moral rights in or to your User Content and all rights to object to derogatory treatment of the User Content which you may now or at any time in the future be entitled under European Union (“EU”) law, the law of the constituent member states of the EU, and all rights of the same or similar effect or nature in any part of the world in favour of Strillobyte, its assignees, licensees, designees and successors-in-title. As part of your licence to Strillobyte, you give Strillobyte the right to enforce any copyrights you possess in your User Content against any third parties who copy, reproduce, distribute, publicly display, communicate to the public, make available, create derivative works from, retransmit from External Sites, or otherwise exploit and use, the User Content without Strillobyte’s consent, including by using the Service or otherwise downloading your User Content off of our App. When you upload or post User Content on our App, you represent and warrant that you are fully authorised to grant the licence set out in these term and in all elements of the User Content. You must not upload or post any User Content in which you do not have all necessary rights, authorisations and permissions that grant you sufficient rights to grant the licence to Strillobyte under these terms. You further represent and warrant that: (i) the uploading, posting and use of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any party; (ii) the uploading and posting of your User Content will not require Strillobyte to obtain any further licenses from or pay any royalties, fees, compensation or other amounts, or provide any attribution to any third parties; and (iii) the posting of your User Content does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of User Content you upload or post. We are not responsible for viruses and you must not introduce them We do not guarantee that our App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your own virus protection software. You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App. You must not attack our App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately. For the avoidance of doubt, Strillobyte will not be liable for any misuse of User Content by any user.

Rules about linking to our App

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our App in any website that is not owned by you. Our App must not be framed on any other App, nor may you create a link to any part of our App other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out above. If you wish to link to or make any use of content on our App other than that set out above, please contact HELLO@STRILLOBYTE.COM.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, their subject matter and their 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.

Disclaimer

We make a significant effort to provide the best Service we can, but we make no promises, representation, warranties or guarantees that the Service will operate as intended. Errors or other interruptions may cause our App to not function as intended. By using the Service, you understand and accept this risk. We do not make any warranties or representations about our App and any content available on our App, including, but not limited to, the accuracy, reliability, completeness or appropriateness thereof. As a user you agree that you use the Service and any content thereon at your own risk and are solely responsible for all content you upload or post to our App. We do not warrant that our app will operate error free, or that our App and any User Content are free of any bugs, viruses or similar contamination or destructive features. If your use of our App or any content thereon results in the need for servicing or replacing equipment or data, Strillobyte will not be responsible for those costs.

Breach of these terms

When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate. Failure to comply with these terms may result in our taking all or any of the following actions:
  • Immediate, temporary or permanent withdrawal of your right to use our App.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our App.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.