Terms and Conditions
This agreement outlines our commitments to our subscribers in relation to our provision of TheAppBuilder service and the obligations of each subscriber to us (such as how the service is paid for and what details need to be provided).
1. THIS AGREEMENT1.1. These terms (this Agreement) form a binding legal agreement between you (you, your) and JamPot Technologies Ltd, trading from the address of Unit 2, 405 Holywood Road, Belfast, BT4 2GU (we, us, our). For the avoidance of doubt TheAppBuilder shall mean and include the service which allows you to build applications (each an App) using your own content. By accepting this Agreement you agree to be bound by its effect.
1.2. In order to use TheAppBuilder, you must first agree to this Agreement. You may not use TheAppBuilder if you do not accept this Agreement. You can accept this Agreement by:
1.2.1. clicking to accept or agree to this Agreement, where this option is made available to you by us in the user interface for TheAppBuilder; or
1.2.2. by actually downloading and/or using TheAppBuilder. In this case, you understand and agree that we will treat your use of TheAppBuilder as acceptance of this Agreement from that point onwards.
2. YOUR USE OF THEAPPBUILDER2.1. In consideration of the fulfilment by you of the obligations imposed on you by this Agreement, we grant you a personal, non-exclusive, non-assignable, non-transferable and non-sublicensable licence for the duration of this Agreement to use TheAppBuilder and each App solely and strictly for your own use.
2.2. You agree not to access (or attempt to access) any part of TheAppBuilder by any means other than through the interface that is provided by us. You specifically agree not to access (or attempt to access) any part of TheAppBuilder through any automated means, including use of scripts, robots, spiders, scrapers or web crawlers. You agree that you will not (a) take any action that imposes, or may impose (in each case in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works (other than Apps) distribute or publicly display any part of TheAppBuilder without prior written consent from us and any third party determined by us as appropriate; (c) interfere or attempt to interfere with the proper working of TheAppBuilder or any activities conducted via TheAppBuilder; (d) bypass any measures we may use to prevent or restrict access to TheAppBuilder; and (e) attempt to reverse engineer, decompile or otherwise seek to obtain access to the source code in TheAppBuilder and/or any App.
2.3. You agree that you will not engage in any activity that interferes with or disrupts TheAppBuilder, or the servers and networks which are connected to TheAppBuilder.
2.4. Customer Support - Support will be provided in accordance with the subscription payment plan (as described further www.theappbuilder.com/pricing and each such a Payment Plan) you select. Where prescribed by your selected Payment Plan, we will endeavour to respond to any support request within five working days of receipt. No support can be provided by any other means than by those prescribed in the Payment Plan. No liability is accepted and no refunds will be made for a delay in responding or non-delivery of emails and other communications sent to or by TheAppBuilder.
2.5. User Content - we may offer you the ability to store information on TheAppBuilder, such as text, images, audio & video etc. (any and all such content, together with all other content provided by you in your use of TheAppBuilder and any App, User Content). This facility is provided for convenience only and should not be relied upon as the sole repository of any important information. It is your responsibility to back-up and keep your own copy of any User Content you wish to keep. We cannot be held liable for any loss of User Content. User Content cannot be retrieved and will not be supplied if an account is inactive or terminated. Upon termination of this Agreement, including by your cancelling your TheAppBuilder account, you will immediately lose access to any stored User Content. We will endeavour to retain User Content for at least three months following account closure, however this cannot be guaranteed. Where available, User Content can be recovered during this period by taking out a new subscription.
2.6. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any User Content and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
2.7. By uploading any User Content you represent and warrant that:
2.7.1. you have the lawful right to reproduce and distribute such User Content;
2.7.2. the uploading, downloading, posting, emailing or transmission by any other means of the User Content will not constitute or encourage a criminal offence, violate the rights of any party or otherwise create liability or violate any local, state, national or international law; and
2.7.3. the User Content posted by you will not be objectionable, unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libellous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including rights of celebrity, privacy and intellectual property.
2.7.4. You shall indemnify us, without limitation and upon demand, against any cost, damages or expenses (including reasonable legal expenses) that may be incurred by us in respect of any claim or action that the operation or use of any User Content infringes intellectual property rights or is otherwise unlawful or objectionable.
2.8. Account Misuse - we reserve the right to close without warning any accounts being used for any purpose deemed by us, in our sole discretion, as breaching any term of this Agreement. Possible forms of misuse include, but are not restricted to the following:
2.8.1. data theft - information provided by us is for the benefit of the individual subscriber only, and must not be shared, published, or otherwise disseminated in any way;
2.8.2. password-sharing - the sharing of login details is strictly prohibited. Our system will detect and automatically suspend accounts being accessed from more than two separate locations in any given 24 hour period. In such a situation your account will be suspended but your subscription will remain active, and you will be supplied with new login details. Should the situation recur your account will be closed and your subscription will be cancelled;
2.8.3. incorrect information - if the information you provide about yourself is false or incorrect you may be denied access to your account or your account may be closed. This applies in particular to the sign-up process where the use of a false or inaccurate email address, or one which cannot receive emails from us, will render you unable to activate your account, for which we accept no responsibility and for which no refunds will be issued. No refunds will be given for any accounts closed due to misuse;
2.8.4. post or transmit through TheAppBuilder any User Content in breach of clause 2.7 above; and/or
2.8.5. post or transmit through TheAppBuilder opinions that are vulgar, crude, sexist, racist, unproven or unfounded allegations (especially of wrongdoing) or otherwise offensive.
2.9. You grant us the right to audit your use of TheAppBuilder, so as to ensure compliance by you with this Agreement.
2.10. You agree and acknowledge as reasonable that we may use any App created through your use of TheAppBuilder for such promotional and marketing purposes as we in our sole discretion may determine. For the avoidance of doubt, you agree and acknowledge that any such use by us does not constitute any endorsement for any such App, and/or any User Content contained within such App.
2.11. Once you have subscribed for a Payment Plan, you will be able to create Apps and submit them to app store distribution platforms. This submission will be via our developer accounts, and you acknowledge and agree as reasonable that any such use of our developer accounts does not constitute any endorsement for any such App and/or User Content contained within such App, or any guarantee or commitment on our part that such submission will result in such App being accepted for distribution by any such distribution platform.
3. PAYMENT3.1. You can download and register to use TheAppBuilder for free. For a period of 60 days we allow you to try out TheAppBuilder for free, although your use will be restricted and you will be unable to submit any App to any app store distribution platform. You may cancel your account at any time during this free subscription period. At the end of the free subscription period your use of TheAppBuilder will be discontinued, unless you have paid an account setup fee (Account Setup Fee) and taken out a Payment Plan. Subsequently, you may vary your Payment Plan as detailed www.theappbuilder.com/pricing. This may require the payment of an account upgrade fee (Account Upgrade Fee). In order to effect any payment, we will need to collect and store your credit card details. You acknowledge and agree that it is solely your responsibility to ensure that the details of such credit card are correct and up to date.
3.2. Account Setup Fees - Account setup fees are one-off payments made to setup a new Payment Plan account. Once an account Setup Fee has been paid and a Payment Plan account has setup the payment is not refundable. Account Setup Fees do not form part of the ongoing cycle of subscription payments and do not relate to or guarantee access for any particular time period.
3.3. Account Upgrade Fees - Account Upgrade Fees are one-off payments made to switch an account from one Payment Plan and/or amount to another. Once an Account Upgrade Fee has been paid and a Payment Plan account has been upgraded the payment is not refundable. Account Upgrade Fees do not form part of the ongoing cycle of subscription payments and do not relate to or guarantee access for any particular time period.
3.4. Account Setup Fees, Account Upgrade Fees and ongoing subscription fees are explained www.theappbuilder.com/pricing All prices are subject to change by us at any time, and will take effect from the moment any such change is notified on www.theappbuilder.com/pricing
3.5. Payments - By taking out a Payment Plan subscription you undertake and agree to pay for any service rendered, including but not limited to account creation, account upgrade, and the maintenance of your account, in line with the terms of each Payment Plan, as well as any fees that become payable under the terms of this Agreement, including but not limited to non-notification fees, disputed payment fees, and late payment fees and any and all Account Upgrade Fees, Account Setup Fees and/or Payment Plan subscription fees.
3.6. Disputed Payments - By taking out a subscription to TheAppBuilder you undertake, represent and warrant that you will honour all payments made and will not dispute any payments made, either through your bank, credit card company, or by any other means, other than by requesting a refund directly from us. It is your responsibility to ensure that payments you make are not reversed. Should any payment you make to us be reversed, either at your request or by your bank or other payment company, or because you have insufficient funds available, you agree to pay a disputed payment fee of $30/£20/€30 in line with the currency of your subscription. You acknowledge that this sum is a genuine and reasonable pre-estimate of loss to us in dealing with your reversed payment. If any payments you make to us are reversed for any reason you will remain liable for this amount and agree to pay the amount reversed in full through one of the payment options offered by us, plus the full amount of the disputed payment fee. You agree to make this payment before the end of the calendar month following the month in which the email notification that payment is required is sent.
3.7. It is your responsibility to ensure you provide us with an email address capable of receiving emails from us, and non-receipt of emails informing you of the required payment will not nullify the debt or mitigate non-payment. If you do not receive the emails sent to you because your email address has changed without you having notified us of this fact as per the conditions under clause 4.7 you will also become liable for a non-notification fee of $75/£50/€75 in line with the currency of your subscription. You acknowledge that this sum is a genuine and reasonable pre-estimate of loss to us in having to locate you in order to obtain outstanding sums due to us.
3.8. Late Payments - we do not offer a free credit facility. All payments must be settled when they become due. If any payment (or any part of any payment) owed by you under any of the terms of this Agreement remains unpaid at the end of the calendar month following the month in which it becomes due you agree to pay a late payment fee of $15/£10/€15 (in line with the currency of your subscription) in addition to the original amount owed. You acknowledge that this sum is a genuine and reasonable pre-estimate of loss to us in dealing with your late payment If a payment (or any part of any payment) continues to remain outstanding after the first late payment fee has been applied, then further late payment fees of $15/£10/€15 (in line with the currency of your subscription) will be applied at the end of each calendar month until the debt is settled in full. If the debt is allowed to increase it will be passed on to a debt collection agency in your country, who will continue to pursue you for payment and will initiate legal proceedings against you at their discretion. This will be recorded on your credit rating and may adversely affect your ability to obtain credit from banks and other lenders in the future. We reserve the right to collect outstanding amounts arising under any of the terms in this Agreement via the payment agreement established to pay for the subscription at our discretion. By subscribing to TheAppBuilder you grant us the right to collect any such outstanding payments from your card. The collection of such outstanding amounts is subject to the same rules on disputed payments and late payments as ordinary payments (see clause 3.5).
3.9. In common with almost all direct debit or standing order arrangements, prior notification is not given before a payment is made, and it is your responsibility to ensure that there are sufficient funds available to your card to make the payment. We cannot be held liable for any additional charges you may incur as a result of, for instance, insufficient funds being available to your card.
3.10. Refunds will be given at our sole discretion, and only in circumstances where we have failed to fulfil our obligations as laid out in this Agreement. Applications for refunds must be made through the appropriate form at www.theappbuilder.com/refunds and cannot otherwise be considered. Refunds will not be granted for cancelled subscriptions either wholly or in part. Account upgrade fees are non-refundable. A refund will be provided if we believe there has been a failure on our part to fulfil our obligations with regard to account creation as laid out in the terms of this Agreement, but under no circumstances whatsoever will a refund be considered once the account has been correctly created and the restricted information thereby made available. No refunds can be made under any circumstances more than 21 days after payment.
4. ACCOUNT SECURITY4.1. You represent and warrant to us that any and all information provided by you is true, accurate and complete. You undertake to notify us promptly of any changes to such information. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to decline any application from you to register as a user of TheAppBuilder in our sole discretion and/or to suspend your use of TheAppBuilder where we in our sole discretion believe that you are in breach of any provision of this Agreement.
4.2. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access TheAppBuilder. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account, as determined, noted, or recorded by us. Such determination, notation, and record shall be at our sole discretion, and shall serve as conclusive proof of the facts stated therein and to which they attest.
4.3. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at firstname.lastname@example.org.
4.4. Account Security - As a subscriber to TheAppBuilder you must keep your login details secret at all times and never share them with any other person. If activity on your account suggests that your login details have become compromised your account will be automatically suspended and you will be issued with a new password within two working days. You must not revert to your previous password, which may have been compromised.
4.5. Email Address - To activate your account and gain access to the restricted areas of TheAppBuilder you are required to provide an active email address capable of receiving emails from us, and evidence that you are able to receive emails sent to it, either by clicking the link provided in the welcome email sent to your email address upon account creation, by entering the account activation code also sent in this email in the appropriate form on the website/application, or by sending an email from the account (clearly stating the purpose of the email) which is then received by us. You have no right to access TheAppBuilder until you have provided evidence in one of the above forms that the email address you have given is capable of receiving emails. No refund can be given for any period of account inactivity due to your failure to provide adequate evidence, or failure to make clear in any communications sent the purpose of those communications (for instance, blank emails sent as proof of email validity).
4.6. Automatic Response Emails - You agree not to use auto-responders on the email address registered on your TheAppBuilder account.
4.7. Changes to Email Address - Should you at any point stop being able to receive emails at the address you provide you must inform us and make an official username alteration request (a request to change your username, sent from a new email address to email@example.com, quoting your current email, username and password) within 21 days. Should you fail to inform us of a change to your email address you will be in breach of contract and your account may be cancelled without notification or refund. If your failure to inform us of your change of email address later causes problems you may be asked to pay a one-off non-notification fee in accordance with clause 3.7. If requested, this must be paid within 30 days.
5. PRIVACY5.1. Your use of TheAppBuilder, including any registration process, may involve your disclosure to us of personal data (which term shall include sensitive personal data) relating to data subjects (personal data, sensitive personal data and data subjects each as defined by the Data Protection Act 1988). In the event that you do so disclose such personal data you:
5.2. Your TheAppBuilder username and password may be sent to you by standard email and may appear on screens within the restricted area accessed with your username and password. Details of account status and date of termination can be obtained with your username and password. Your TheAppBuilder username and password will not allow anyone to see your payment details, or initiate any payment.
5.3. Where login details are unavailable and cannot be retrieved, verification of other personal details may be accepted by us in our sole discretion.
6. INTELLECTUAL PROPERTY6.1. It is extremely important that you understand that while we grant you a licence in accordance with clause 2.1 to use both TheAppBuilder and each App, these both belong to us. In particular, you do not own any App created by you through your use of TheAppBuilder, although you (or your licensors) will own any User Content contained in any App. It is important that you understand that when this Agreement terminates, your ability (and any other person's ability) to use any App created by you will also terminate.
6.3. Accordingly, you acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to TheAppBuilder, and in each App, including any intellectual property rights which subsist in TheAppBuilder and/or any App (whether those rights happen to be registered or not, and wherever in the world those rights may exist), excluding User Content. You further acknowledge that TheAppBuilder may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.
6.4. Unless you have agreed otherwise in writing with us, nothing in this Agreement gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within TheAppBuilder.
7. ACCOUNT DURATION AND TERMINATION7.1. Duration - Your account will remain active from the point at which you enter your activation code to the point at which your subscription is terminated in accordance with this clause 7 (excepting interruptions to service caused by technical errors, possible security issues, or suspensions imposed due to account misuse or suspected account misuse at our discretion).
7.2. Subscription Cancellation - You may cancel your subscription at any time by logging into your account and clicking the button/link provided for this purpose. We do not accept email requests for cancellation as these do not provide adequate proof of your identity and authority as accountholder (see 2.7). If you send an email requesting the cancellation of your account you will be directed to the online cancellation facility. Your account will not be cancelled and your subscription will not be stopped. You remain liable for any further payments made in the interim.
7.3. Subscription Failure - If a payment due to us fails to be made your TheAppBuilder account will be closed. Potential reasons for subscription payments failing include the card from which payments are made expiring, being cancelled, or having insufficient funds available. Up to three attempts may be made to process the transfer you arranged with them. If the final attempt fails then your account will be closed, usually within two working days. You will remain liable for this payment.
7.4. We may at any time, terminate our legal agreement with you and the supply to you of TheAppBuilder if:
7.4.1. you have materially breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of this Agreement) and, where such breach is capable of remedy, we determine that you have not so remedied within fourteen days of notification; or
7.4.2. we are required to do so by law (for example, where the provision of TheAppBuilder to you is, or becomes, unlawful); or
7.4.3. you cease to trade; or become bankrupt and/or insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you; or a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court; or the ability of your creditors to take any action to enforce your debts is suspended, restricted or prevented or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction): or
7.4.4. the provision of TheAppBuilder to you by us is, in our opinion, no longer commercially viable.
7.5. When this Agreement come to an end:
7.5.1. the licence granted at clause 2.1 of this Agreement terminates; and
7.5.2. all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst this Agreement have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of clauses 2.7.4, 5, 6, 7, 8 and 9.6 shall survive termination of this Agreement.
7.6. We reserve the exclusive right and prerogative to retain, maintain, archive, protect, use, or store any and all data or information, without regard as to time or duration, as it may deem reasonable or necessary in the pursuit of our business or interests, or in protecting such business or interests, notwithstanding the termination or cessation of your relationship with us.
7.7. When this Agreement terminates, you will no longer be able to use TheAppBuilder. As explained in clause 6 of this Agreement, this means that you will also be unable to use any App created by you through TheAppBuilder. We will remove any and all such Apps from all app store distribution platforms, and any such App which has already been downloaded by or otherwise made available to any user will no longer function. You will be unable to retrieve any User Content from any such App after termination of this Agreement. This is on the basis explained in clause 6.1 of this Agreement, which is that all such Apps and any and all Intellectual Property in such App belongs to us and/or our licensors, and you acknowledge that you understand this and agree to it as reasonable.
8. LIMITATION OF LIABILITY8.1. You acknowledge and agree as reasonable that there may be occasions when, due to unforeseen technical difficulties that may affect the server, the internet in general, or other equipment, TheAppBuilder may be unavailable. We make no representation that TheAppBuilder will be available at all times and we accept no liability for any temporary unavailability, for which no refunds will be made.
8.2. We accept no responsibility for and cannot be held liable for any losses arising from loss of data or the compromising of sensitive data as a result of actions beyond our control, including (but not limited to) hardware failure, software failure, or malicious attacks by third parties. In particular, you understand and acknowledge as reasonable that we shall not be liable to you for any claim, loss, liability and/or expense whatsoever which directly or indirectly results from the misuse of your financial information provided by you to us provided that this limitation of liability shall not apply to any fraudulent action on our part, or to any type of liability the limitation of which is not permitted by virtue of clause 8.6 of this Agreement.
8.3. We cannot be held liable for any errors or inaccuracies in our databases, or any loss that may arise from your acting on information provided by us. Inclusion does not constitute recommendation and any action you undertake in relation to any information provided by us is undertaken entirely at your own risk. No refunds can be given for the provision of inaccurate information.
8.4. Delay in delivery and non-delivery - We will not be liable to you for any delay and/or failure to fulfil any obligation imposed on us by this Agreement where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.
8.5. To use TheAppBuilder's services you will need certain equipment and software not supplied by us. These include a smartphone, tablet, desktop computer, an internet connection, and the necessary software to browse the internet and access emails. TheAppBuilder is designed for and tested on standard hardware/operating systems as defined on our website www.theappbuilder.com/platforms all run in their default settings. Performance on other systems cannot be guaranteed, and you accept and acknowledge as reasonable that we give no representation, warranty and/or undertaking that TheAppBuilder can be used with any configuration of computer, software, and settings. The necessary programs to utilise TheAppBuilder are available for free on the internet, and as such no refund can be made for any failure of your own equipment to receive, process, and correctly display TheAppBuilder. If you are unable to access all or part of TheAppBuilder because you do not have access to any necessary software or equipment, this shall not constitute a breach of this Agreement by us and we shall not be liable for any loss, damage or expense which may result from your inability to access TheAppBuilder.
8.6. Nothing in this Agreement, including this clause 8, shall exclude or limit any warranty or liability which may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by our negligence.
8.7. TheAppBuilder offers you the means of creating an App and submitting it for approval to multiple third party distribution platform 'app stores'. However, we cannot guarantee how long the review process may take, or that any such 'app store' will accept and publish the App, and you acknowledge and agree that we have no liability to you for any rejection of any App by any such app store. In particular, you acknowledge and agree that no refund will be due to you from us, and you further acknowledge and agree that this limitation of our liability to you is reasonable.
8.8. There are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in this Agreement (including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement). Any condition, warranty, representation or other term concerning the supply and/or operation of TheAppBuilder and/or any App which might otherwise be implied into or incorporated in this Agreement, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
8.9. You expressly understand and so agree that your use of TheAppBuilder is at your sole risk and that TheAppBuilder is provided "As Is" and "As Available."
8.10. In particular, we, our subsidiaries and affiliates, and our licensors, do not represent or warrant to you that:
8.10.1. your use of TheAppBuilder (including its use in conjunction with any other software) will meet your requirements, that your use of TheAppBuilder will be uninterrupted, timely, secure or free from error or that defects in the operation or functionality of TheAppBuilder provided to you will be corrected; and
8.10.2. any information obtained by you as a result of your use of TheAppBuilder will be accurate or reliable; and
8.10.3. that defects in the operation or functionality of the TheAppBuilder will be corrected, rectified, or remedied.
8.11. Any material downloaded or otherwise obtained or accessed through the use of TheAppBuilder is done at your own discretion and risk, and you will be solely responsible for any damage, loss, or prejudice to your computer system or other device or loss of data that results from the download or access of any such material.
8.12. No advice or information, whether oral or written, obtained by you from us or any of our subsidiaries, affiliates, officials, employees, or personnel, or through or from TheAppBuilder shall create any warranty not expressly stated in this Agreement. We shall not be under any liability whatsoever in respect of any inaccuracies or omissions in TheAppBuilder. All such liability is excluded by us to the fullest extent permitted by law.
8.13. You expressly understand and agree that we and our licensors shall not be liable to you for:
8.13.1. any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of TheAppBuilder, any App and/or its use or non-availability;
8.13.2. loss of profit, business revenue, goodwill and anticipated savings:
8.13.3. any trading or other losses which you may incur as a result of use of or reliance upon any content;
8.13.4. the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of TheAppBuilder and/or any App; or
8.13.5. any effect which use of TheAppBuilder may have on any software you use.
8.14. Subject to the clauses above, the aggregate liability of us in respect of any loss or damage suffered by you and arising out of or in connection with the use of TheAppBuilder by you and/or any third party shall not exceed the amount of the total fees actually paid by you to us in the twelve months preceding the date of the your claim.
8.15. You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with the use of TheAppBuilder; that we cannot adequately insure its potential liability to you; and that accordingly the exclusions and limitations contained in this clause 8 are reasonable. You also undertake at all times to mitigate any such damage or loss.
9. GENERAL9.1. Clause and schedule headings do not affect the interpretation of this Agreement. Words in the singular include the plural and in the plural include the singular. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. References to including and include(s) shall be deemed to mean respectively including without limitation and include(s) without limitation.
9.2. You shall not assign, transfer or sub-license any of your rights or obligations under this Agreement. We may at any time assign all or any of our rights and transfer all or any of our obligations under this Agreement.
9.3. Failure or neglect by us to enforce any of the provisions of this Agreement at any time shall not be construed or deemed to be a waiver of our rights nor shall this in any way affect the validity of the whole or any part of this Agreement, nor prejudice our rights to take subsequent action.
9.4. If any part of any provision of this Agreement shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provision and all other provisions of this Agreement shall continue to be valid and enforceable to the fullest extent permitted by law.
9.5. This Agreement represents the entire agreement of you and us in relation to the subject matter of this Agreement and supersedes any previous agreement between you and us in relation to TheAppBuilder. Neither of you and us has relied upon any statement or representation made by the other in agreeing to enter this Agreement.
9.6. This Agreement shall be construed in accordance with Northern Irish law and the parties hereby submit to the exclusive jurisdiction of the Northern Irish courts to settle any disputes which may arise in connection with this Agreement.