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Terms of Use
Last Updated: August 8, 2023

These Terms of Use (the 'Terms') apply to the use of our website(s), mobile application(s), software downloaded and installed on a mobile device, related social media, and/or other services provided, including email messages, that we may send to you (collectively, the 'Site'). The Terms are made by and between Endleasefix LTD, a UK limited company, number 12692529, and an address at 190 Carrara Tower 250 City Road, London, England, EC1V 2PU, and/or its owners, agents, employees, representatives, or affiliates and assigns ('Endleasefix LTD' 'us' or 'our' or 'we') and persons using or accessing the Site or Services ('User' or 'you'). These Terms govern User's use of the Site and any services provided, including Subscription (as defined below) to You by Endleasefix LTD (collectively, the 'Service(s)').

PLEASE READ THESE TERMS CAREFULLY. THE USE OF THE SITE AND SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS WITHOUT MODIFICATION. BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS, DO NOT USE THIS THE SITE. YOU MAY USE THE SITE AND SERVICES ONLY IF YOU HAVE REACHED THE AGE OF MAJORITY OR LEGAL AGE IN YOUR JURISDICTION (18 OR OLDER) AND CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. By using the Service or (where applicable) or by clicking 'get started' to download the Service, you are agreeing to these Terms, which form a binding agreement between you and us. If you do not agree to these Terms, please do not install or use the Service.

PLEASE NOTE THAT THE SERVICE INCLUDES A SUBSCRIPTION THAT AUTOMATICALLY RENEWS, please read the 'Subscription term and fees' AND THE 'how to cancel your subscription' sections of these terms carefully.

Changes to Terms

We reserve the right to amend or modify these Terms, from time to time, to ensure that we remain compliant with applicable laws and regulations and/or to reflect any changes we make to the Site, the Service, or our business practices. Any changes we make to these Terms will be posted on the Site, so we recommend that you check back frequently to see any updates or changes made to these Terms. Your continued use of the Service after any amendments or modifications, will be considered acceptance of those amendments or modifications and will constitute your agreement to be bound by them, unless such changes are significantly material, in which case we will give you advance notice which may be via an in-Service notification or by contacting you directly via the email address you supply to us when you register with us. If you do not agree to any revised Terms, please see below for information on how to cancel your Subscription.

Grants of Rights; Restrictions

Subject to your compliance with the Terms, you are granted a nonexclusive, nontransferable, limited right to access and use of the Site or Service made available to you, including the access, download, and install the most current generally available version of the Service on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial use. The rights and restrictions granted to you are as follows: (i) You shall not use the Site or Service for any purpose other than the purpose authorized under these Terms; (ii) You shall not knowingly allow others to: (a) copy, reproduce, modify, decompile, disassemble, or reverse engineer the Service or any associated software or materials (except to the extent that applicable law prohibits or restricts reverse engineering restrictions); (b) provide any third parties with access to any of the Service, or use any of the Services for time sharing or similar purposes for the benefit of any third party; (c) remove any copyright or proprietary notices contained in the Service or any output thereof; (d) breach, disable or tamper with, or develop or use (or attempt) any workaround for, any security measure provided or used by the Service; (e) access the Service via any bot, web crawler or non-human user; (f) access or use (or permit a third party to access or use) the Service for any unlawful purpose or for any other benchmarking or competitive purposes; (g) attempt to circumvent authentication or security of any host, network or account or use or knowingly permit others to use any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of Service, except as expressly permitted hereunder; (h) collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; or (i) transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the Service; (iii) The Site is protected by intellectual property laws, and other laws that prevent unauthorized access and use. You may not use the Site or Service in any fashion that infringes the intellectual property rights or proprietary interests of any party; (iv) You are solely liable for your conduct and for any information, content, materials, or messages that you upload, submit, post or transmit via the Site (collectively the 'User Content'). You may not provide false or misleading information to the Site or submit information under false pretenses. Without limiting anything else in these Terms, we may immediately, to the extent applicable, terminate your access to the Site if you violate any of the foregoing, or if you provide false or misleading information or submit information under false pretenses.

Ownership

The Service and all software, data, and technologies embodied in or used to provide the Service, and all intellectual property rights therein or relating thereto, are and shall remain the exclusive property of Endleasefix LTD. All trademarks or other intellectual property not owned by us are proprietary information of their respective owners who may or may not be affiliated with us. Any republication or redistribution of such content is expressly prohibited without the prior consent of the relevant right holders.

Feedback

‍Any submissions provided to us (e.g., comments, questions, suggestions, materials collectively, 'Feedback') through any communication whatsoever (e.g., email, chat) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Your Responsibilities

You may use some of the Service only if you are 18 years or older; however, if you wish to register an account or enter into a Subscription, and you are younger than 18, please ask permission from your parent or guardian before signing up for said Service.

You represent and warrant that the Site and Service will be used only: (a) by you, (b) in the manner for which it was intended, (c) in accordance with all applicable instructions provided by us, and (d) in compliance with all applicable laws and regulations. You may not create an account with us using an assumed name or someone else's identity. You will be responsible for all activities which occur under your account on the Service, and it is your responsibility to keep your account information safe and secure.

Privacy

We believe strongly in protecting your personal information and in making sure you know how that information will be used. To use our Service, we will ask you to provide us with certain registration information about you, including without limitation, such as your name, gender, relationship status, goals of using the application, dream experience, email (optional), social profile URL (optional). Any information collected will be safeguarded and used in accordance with our Privacy Notice.

Our Rights and Responsibilities

We own and operate the Service. We will provide the Service using reasonable skill and care. We will use reasonable endeavors to keep the technology powering the Service operational, but we cannot guarantee that the Service will be available on an uninterrupted basis.

Your access to the Service may be disrupted to allow for appropriate maintenance, repairs, upgrades, and the introduction of new functionality and at times unscheduled downtime may be necessary including for security purposes. Further, due to the inherent nature of the Internet and mobile phone signal, errors, interruptions, and delays may occur in the Service from time to time. We will use reasonable endeavors to try to limit the frequency and duration of downtime, to the extent within our control. We cannot guarantee that the Service will be error, bug or virus-free. As with all software, we recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your device before using the Service and that you consult your network administrator before installing the Service on a networked device.

We may add or remove features from the Service from time to time. We do not make any guarantees that the content or related information provided on the Service is accurate or complete. The Service is for entertainment purposes only and the information provided on it should not be relied upon.

‍We may provide links, referrals, or information on or to third-party websites, services, or resources (collectively, 'Third Party Services') that may be subject to third-party terms and conditions. By using any Third-Party Service, you agree to comply with such third-party terms and conditions. Any such links, referrals, or information is provided solely for your convenience. We have no control over third-party services or the terms and conditions governing their use. We do not endorse, recommend, or vouch for any third-party services or assume any responsibility for any such third-party services, the availability of such services, or the content, products, or services thereon.

You should be aware that these Terms do not govern your use of any Third-Party Service and you should refer to the applicable terms of service and privacy policies governing such Third-Party Services.

Subscription Term and Fees

If you wish to use our Service, you will be required to sign up for a subscription plan. The fees for the Service and any additional payments or taxes due are described in the Service ('Fees'). All Fees are quoted in the currency stated in the Service at the time of purchase.

If you sign up for a subscription, you agree that your subscription will start immediately upon your registration with us and that it will automatically renew for the periods set out in the Service. You agree to pay the Fees and any other applicable charges at the rate then in effect for the renewal period, using the method of payment you have selected at the time of purchase. Your renewal Fees and the payment terms may change. We will notify you of any changes to the Fees or payment terms.

How to Cancel Your Subscription

If you wish to cancel your subscription, you may do so via the applicable online store platform or, in some cases, through the subscription management screen within the Service. However, in all cases, we will provide you with a way to cancel your subscription within the application and through the online store you use to purchase the Service.

You may cancel your subscription at any time. However, unless stated otherwise by applicable law, all Fees for your subscription are non-refundable. You may still use the Service until the end of the current subscription period you paid for, but we will not issue a refund for any remaining period of your subscription after you cancel it.

Your Use of Service

You agree to use the Service in accordance with these Terms and any applicable laws and regulations. You shall not do any of the following:

Copy, modify, or distribute the Service or any part of it;
Reverse engineer, disassemble, or attempt to discover the source code of the Service or any part of it, except and only to the extent that this restriction is permitted by law;
Access or use the Service in any way that could damage or disrupt the Service or our systems, or the devices of any other person;
Introduce any viruses, trojans, worms, logic bombs, or other harmful material into the Service;
Gain or attempt to gain unauthorized access to the Service or any networks, servers, or computer systems connected to the Service;
Use the Service to send spam, bulk, or unsolicited messages;
Use the Service for any illegal, fraudulent, or unauthorized purpose.
Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR USING THE SERVICES, OR $100, WHICHEVER IS LESS.

Indemnity

You agree to indemnify and hold harmless Endleasefix LTD and its officers, directors, employees, agents, affiliates, and assigns, from and against any and all claims, losses, expenses, damages, and costs (including reasonable attorneys' fees) arising out of or related to your use of the Site or Services, or any violation of these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in England and Wales to resolve any disputes arising out of these Terms or your use of the Site or Services.

Entire Agreement

These Terms constitute the entire agreement between you and Endleasefix LTD regarding your use of the Site and Services and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral, regarding such subject matter.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.

Waiver

No failure or delay by us in exercising any right or remedy provided under these Terms shall operate as a waiver of that or any other right or remedy.

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