Wibson Alpha Terms of Use

THESE TERMS OF USE (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND WIBSON LTD. (THE “COMPANY”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WIBSON ALPHA MOBILE APPLICATION (THE “MOBILE APPLICATION”). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “MOBILE APPLICATION” INCLUDE THE CONTENT, SERVICES AVAILABLE THROUGH THIS MOBILE APPLICATION (THE “SERVICES”). BY USING THIS MOBILE APPLICATION, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS MOBILE APPLICATION OR ANY INFORMATION CONTAINED ON THIS MOBILE APPLICATION.

Changes.

Company may make changes to the content and Services offered on the Mobile Application at any time. Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Mobile Application. By using this Mobile Application after Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Mobile Application.

General Use.

By using this Mobile Application, you represent, acknowledge and agree that you are at least the age of majority, or if you are under the age of majority but are at least 13 years old (a “Minor”), that you are using the Mobile Application with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Mobile Application and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Company if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Mobile Application at any time or in any manner or submit any information to the Company or the Mobile Application.

Company provides content through the Mobile Application that is copyrighted and/or trademarked work of Company or Company’s third-party licensors and suppliers or other users of the Mobile Application (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.

To use the Mobile Application, you must have a mobile device that is compatible with the mobile service. Company does not warrant that the Mobile Application will be compatible with your mobile device. Company hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Company and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.

If you breach any of these Terms, the above license will terminate automatically.

The following additional terms and conditions apply with respect to any Mobile Application that Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

  • You acknowledge that these Terms are between you and Company only, and not with Apple, Inc. (“Apple”).
  • Your use of Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.
  • Company, and not Apple, is solely responsible for our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
  • You agree that Company, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
  • You agree that Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
  • You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
  • You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Company’s iOS App. Upon your 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 they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that Company provides to you designed for use on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between you and Company only, and not with Google, Inc. (“Google”).
  • Your use of Company’s Android App must comply with Google’s then-current Android Market Terms of Service.
  • Google is only a provider of the Android Market where you obtained the Android App. Company, and not Google, is solely responsible for Company’s Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to Company’s Android App or these Terms.
  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Company’s Android App.

In exchange for accepting data offers via the Mobile Application, you may receive points. While Company generally intends to allow users to exchange such points into digital tokens to be created by Company at a future time, Company reserves the right not to create such digital tokens, and you acknowledge and agree that such points may not have any value to you now or in the future.

You acknowledge and agree that the Mobile Application is in its alpha test phase and may contain, in Company’ sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Mobile Application and/or Services that may be offered through the Mobile Application. While Company generally intends to distribute commercial release versions of the Mobile Application and Materials on the Mobile Application, Company reserves the right not to release later commercial release versions of any Mobile Application. Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Mobile Application is not considered by Company to be suitable for commercial use, and that it may contain errors affecting its proper operation. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF THE MOBILE APPLICATION MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE MOBILE APPLICATION IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE MOBILE APPLICATION. COMPANY SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF THE MOBILE APPLICATION.

Privacy Notice.

When using the Mobile Application, we will collect data that tells us about your app usage. We will use this usage data internally and only for research and development purposes. In addition, you will have the option to share with us different data contained in your mobile device or phone. Only the data that you agree to share will be collected through the interface that will appear on your screen. Please do not share with us sensitive data or data of third parties who have not given their consent.

We collect this data to conduct internal testing of the Mobile Application and its use by you and other users for the purposes of research and state-of-the-art marketing.

By delivering this data to us, you also authorize us to transfer it to Wibson Ltd., and our academic partners for related purposes. You acknowledge and accept that our company and recipients of your data could be located in territories that, like the United States of America, do not offer in their laws a level of protection of privacy equivalent to the one applied in the European Union. You can exercise the data rights that the applicable law grants to you at any time through the electronic address privacy@wibson.org.

Proprietary Rights.

Wibson is a trademark of Company. Other trademarks, names and logos on this Mobile Application are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Mobile Application, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Company, Copyright © 2018 Wibson Ltd. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

The Mobile Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under applicable copyright laws.

Disclaimer of Warranties.

Your use of this Mobile Application is at your own risk. The Materials have not been verified or authenticated in whole or in part by Company, and they may include inaccuracies or typographical or other errors. Company does not warrant the accuracy of timeliness of the Materials contained on this Mobile Application. Company has no liability for any errors or omissions in the Materials, whether provided by Company, our licensors or suppliers or other users.

COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS MOBILE APPLICATION, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS MOBILE APPLICATION, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS MOBILE APPLICATION IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE MOBILE APPLICATION OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE MOBILE APPLICATION.

COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS MOBILE APPLICATION OR ACCEPTING ANY DATA OFFERS THROUGH THE MOBILE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED TEN GIBRALTAR POUNDS, EVEN IN THE EVENT OF A FAILURE OF THE ESSENTIAL PURPOSE OR ANY LIMITED REMEDY UNDER THESE TERMS.

Local Laws.

Company controls and operates this Mobile Application from its headquarters in Gibraltar and the Materials may not be appropriate or available for use in other locations. If you use this Mobile Application outside Gibraltar, you are responsible for following applicable local laws.

Feedback.

If you send or transmit any communications, comments, questions, suggestions, or related materials to Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Mobile Application or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Company is 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. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that Company is 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.

Language.

The Parties hereto have expressly required that this agreement and all documents and notices relating thereto be drafted in the English language.

General.

Company prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Company, may result in immediate termination of your access to this Mobile Application without prior notice to you. Gibraltar law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Mobile Application will be heard in the courts located in Gibraltar. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Company’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Company about this Mobile Application. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Contact Us.

If you have any questions about these Terms or otherwise need to contact Company for any reason, you can reach us at info@wibson.org.