Terms and Conditions

We are Monitree App Ltd, the creators of Monitree (referred to below as the ‘app’). You must be at least 16 years old and resident in the UK to use the app.

By downloading the app, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy before you download and use the app. Only download the app if you have read the rules and agree to them.

If you do not agree to these terms, we will not allow you to use the app and you should not download it.

This agreement

1. We license you to download and use the app provided you follow all of the rules described in this agreement. The licence:

• is only for you personally (and anyone else that the app store lets you share the app with) and for non-business use;
• starts when you download the app; and
• covers content, materials, or services accessible from, or bought in, the app including all of our support resources. It also covers updates to the app unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.

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2. In this agreement, we refer to the site that you download the app from as the ‘app store’ and we refer to their rules and policies as the ‘app store rules’. You must comply with the app store rules as well as this agreement but, if there is any conflict between them, you should follow the app store rules rather than the equivalent rule here.

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3. You do not own the app or any of its contents but you may use it on devices that you own or control, as permitted by the app store rules.

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4. If you sell or give away the device on which you have downloaded the app, you must first remove the app from the device.

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5. You are not allowed to:

• modify the app’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
• deliberately attempt to avoid or manipulate any security features included in the app; or
• pretend that the app is your own or make it available for others to download or use (including by way of copying the code or contents of the app and creating an independent version).

Technical requirements

To use the app your device needs to comply with the following minimum requirements:

Support and contact

1. If you need to get in touch with us, you can use any of the following methods:

If we need to get in touch with you, we will do so by email or an in-app notification.

Privacy and your personal information

Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.

Collection of technical information

We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.

Acceptable use

You must not use the app to do any of the following things:

1. break the law or encourage any unlawful activity;
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2. send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
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3. download the app onto any phone or other device not owned by you without the owner’s permission, though you will be bound by these terms whether or not you own the phone or device;
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4. infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
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5. transmit any harmful software code such as viruses;
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6. try to gain unauthorised access to computers, data, systems, accounts or networks; or
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7. deliberately disrupt the operation of anyone’s website, app, server or business.

Updates to the app

1. We may update the app from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the app still meets the description of it that was provided to you at the time you downloaded the app.
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2. Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.
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3. We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the app may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the app updated to the latest version that we make available.

Changes to this agreement

1. We may need to revise this agreement from time to time to reflect changes in the app’s functionality, to deal with a security threat or if there is a change in the law or guidance.
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2. You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the app.

External services

1. The app may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
2. We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
3. From time to time, we may change or remove the external services that are made available through the app.
4. You must not use external services in any way that:

• is inconsistent with these terms or with the terms of the external service; or
  
• infringes our intellectual property rights, or the intellectual property rights of any third party.

Our responsibility to you

1. If we breach this contract or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

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2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

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3. We are not liable to you for any loss or damage that may arise as a result of you taking any action following the download of any digital content. You must obtain professional or specialist advice before taking or refraining from taking any action on the basis of information obtained from the app.

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4. We are not responsible if our provision of the services or support for the app is delayed by an event outside our control. We will take reasonable steps to minimise the effect of any delays or inconvenience caused.

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5. We make no representations, warranties, or guarantees, whether express or implied, that information on or in the app is accurate, complete or up to date.

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6. We do not provide financial advice and are not FCA regulated and will not be liable to you for any losses incurred in relation to information obtained from the app.
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7. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

Ending this agreement

1. We can end this agreement if you do not comply with any part of it.
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2. We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
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3. The consequences of the agreement ending are as follows:

• you are no longer allowed to use the app and we may remotely limit your access to it;
• you must delete it from any devices that it has been installed on;
• we may delete or suspend access to any accounts that you hold with us.

Third parties

1. No one other than us or you has any right to enforce any term of this agreement.

Transferring this agreement

1. We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
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2. You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.

Governing law and jurisdiction

1. The laws of England and Wales apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
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2. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

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