Vevox Applications
Terms and Conditions
Effective Date - 11th June 2020

1    Introduction

1.1    These terms of use (“Terms”) apply to your use of the Vevox - Software Application (the “App”). The App is made available by Auga Technologies Limited, with its registered address at Auga Technologies Limited, Ashcombe Court, Woolsack Way, Godalming, GU7 1LQ, United Kingdom (“Vevox”, “us” “we” or “our” for short) and registered company number 05885409.
1.2    The App is available for download via Android, Apple IOS, Microsoft Teams as an html application https://vevox.app (the “Site”) and by using Microsoft Teams in a web browser. Older versions of Android or Apple IOS may not be compatible with the App; if you experience difficulty downloading the App check on the Website for whether this may be as a result of the relevant version of the operating system not being supported. Your attention is specifically drawn to the provisions of clause 3.6 below
1.3    These Terms (together with our Privacy Policy) form the entire terms between you, as a user of the App, and Vevox for the use by you of the App and the access by you of the Site. By accessing the App you confirm that you have read, understood and agree to these Terms and to the collection of and use of your personal data by means to the App in accordance with these Terms and the Privacy Policy. Our Privacy Policy sets out important information on how we collect, use, disclose and manage that personal information. Please read them carefully. If you do not agree to the terms of that Privacy Policy, then you will need to uninstall the App. If you do not agree to these Terms (together with our Privacy Policy) in their entirety you must uninstall the application from your mobile device and discontinue use of the Site.
1.4    We make different versions of the App available on behalf of our clients companies (the “Clients”) who are conducting interactive events (“Sessions”) and/or conducting particular projects (“Projects”). If you are participating in a Session or Project, you may have been directed to download the App as part of that programme. The App enables us to get your responses to surveys and/or chats designed by the Client. The Client may impose additional terms on your participation in Sessions or Projects, and these additional terms are between you and the Client and are not terms to which we are party.
1.5    If you cease to participate in a Session or Project then if you do not wish to continue to use the App, it is your obligation to uninstall the App from your mobile device or switch off your browser so that you are not accessing the Site. If you are not involved in a Session or Project, you may still download the App and respond to the available surveys and/or chats.

2    Privacy Policy

2.1    The App is intended to facilitate Sessions and Projects and create an interactive forum whereby live polls and voting, the submission of questions and feedback and messaging can be used.
2.2    Your responses to those surveys and/or chats, and any other information you provide via the App, may include personal information about you. The Client may collect, analyse and process that personal information in accordance with its own terms and conditions and privacy policies. You should read any such documents carefully and make sure that you understand these before participating in a Session or Project via the App. We are not responsible in any way for any collection, analysis and processing of your personal data by the Client.
2.3    As noted above, we will also process your personal data in accordance with our Privacy Policy and these Terms.
2.4    All data stored by us is stored in Ireland within the EEA and we are fully GDPR compliant.
2.5    As the data processor we take data privacy very seriously, to this point we are ISO 27001 certified and all data is encrypted in transit and at rest.

3    Your use of the App

3.1    We hereby grant you a personal, non-exclusive, non-transferable, limited, right to download the App for your own limited, personal, and lawful use on your mobile device, provided always that such use is subject to, and in accordance with, these Terms. The App and all content within it is made available to you on a limited licence basis, and all rights and title in and to the App and all content within it not expressly granted under these Terms are expressly reserved to us and/or the applicable licensor.
3.2    Either of us may terminate the licence at any time immediately with or without notice and on such termination you must uninstall all copies of the App on your device. You can disable the App at any time by following the steps below:
(a)    On iPhone – press and hold the application until a cross appears in the left hand corner of the icon. Select the cross to delete the application.
(b)    On Android – go to settings>applications>manage applications. Select the application and then select “Uninstall”.
(c)    On the Site – by shutting your browser down
(d)    On Microsoft Teams – by signing out of the session in the tab
3.3    At that point, the App will stop collecting and transmitting information about you, and you will need to download a further copy of the App if you wish to participate again. Please note that any information that has previously been collected by the App and sent to us up until the time you disabled it will continue to be used by us and by the Client in accordance with these terms, the PII and any privacy policy of the Client.
3.4    You must not remove or alter any copyright and other proprietary notices contained within the App. Neither the App nor any part of or content within it may be distributed, reproduced, modified, transmitted, reused, re-posted or used for public or commercial purposes without Vevox’s prior written permission.
3.5    If you fail to comply with any term of these Terms, we may (without prejudice to any other rights we may have) suspend provision of the App or any applicable account or service provided by us to you and/or terminate it immediately (where we do so, we will always try to give you reasonable notice but you acknowledge that we may not always be able to do so where we reasonably feel such suspension or termination is necessary to protect our commercial interests).
3.6    You shall compensate and keep us fully protected against all claims, costs, damages, expenses (including legal fees) incurred by us arising out of and/or in connection with any breach by you of any of these Terms, including any use of the App other than in accordance with these Terms.
3.7    Please note that use of the App is subject to your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the App which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).

4    Warranties and Liability

4.1    The App and all content, functionality and features within it (the “Materials”) are provided “as is” and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, Vevox disclaims all warranties of satisfactory quality and fitness for a particular purpose and that content, information displayed in or on the App is accurate, complete up-to-date and/or does not infringe the rights of any third party. Vevox does not warrant that the functions contained in the Materials will be uninterrupted or error-free. Unless expressly stated otherwise in this Agreement and to the extent permitted by law, we do not give any other representation, warranty or recourse, express or implied and we hereby exclude all terms, representations and warranties that might otherwise be implied into this Agreement.
4.2    Save in respect of any liability for personal injury or death caused by our negligence, Vevox shall not be liable for any damages, loss or injury arising in connection with these Terms and/or your use of, or the inability to use, the App, or any function of the App, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.
4.3    While we use reasonable efforts to ensure that the App is free from viruses and other malicious content, neither we nor any other party involved in producing or delivering the App assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, the App or your downloading of any materials, data, text, images, video or audio from the App. Except where required by applicable law, Vevox shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the App.
4.4    The App will be used on your device and, like all mobile apps, in order to operate will make use of your mobile data connection. You are advised to check charges and terms with your communications service provider if using the App abroad or in circumstances where roaming or data charges may apply. We do not receive any commission or other payment or rewards from communications with service providers in respect of the use of the App on devices connected to their network. We are not liable for any data or other charges incurred as a result of your use of the App.

5    Information arising from your use of the App

5.1    Any information, data, reports, analysis and which are created following your installation of the App on your mobile device (“Data”) shall vest in and be owned by the Client. The Client is the Data Controller of such information for the purposes of the General Data Protection Regulation and the Data Protection Act 1998.
5.2    We do not retain any data about your usage of the App other than as set out in our Privacy Policy.
5.3    We acknowledge that we are processing your data on behalf of the Client. We will comply with all requirements of the General Data Protection Regulation and the Data Protection Act 1998, Directive 95/46 EC of the European Parliament and any legislation and/or regulations implementing them or made in pursuance to them (the "Data Protection Requirements") in respect of our obligations as the data processor.
5.4    We do not audit the usage of the App and we are not under any obligation to use, collect or analyse any Data relating to you and we cannot be liable for any use of your Data by the Client.

6    Acceptable Use Policy

6.1    In your use of the Site and the App, you agree that you will adhere to the following (Acceptable Use Policy). You agree to:
6.2    Not circumvent or attempt to circumvent any security protection on the Site or relating to the App and including (without limitation) re-registering as a user of the App if your use of the App has previously been terminated by us for breach.
6.3    Keep your passwords and any material you use to access the App or any limited part of the Site including the App and Consumer Portal confidential.
6.4    Be accurate and not misleading.
6.5    Not breach, in any way, the Data Protection Act or any other applicable local, national or international law or regulations.
6.6    Without limitation to the previous point, you will not use the App or the Site to process any other person’s personal data unless you have their express consent to do so.
6.7    Without prejudice to the foregoing) not be discriminatory (whether on the grounds of race, sex, sexuality, disability, marital or family status or on any other protected status grounds) or in our reasonable opinion do anything which might constitute biased or hate speech.
6.8    Not be defamatory.
6.9    Not, in our reasonable opinion, be offensive, harassing or abusive.
6.10    Not use the Site or the App in ways which are unlawful or fraudulent, or have any unlawful or fraudulent purpose or effect.
6.11    Not use the Site or the App in ways which for the purpose of harming or attempting to harm minors in any way.
6.12    Not upload anything to the Site which contain 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.
6.13    Inform us as soon as reasonably practicable if you become aware that you are or may be in breach of any of the above points and comply with our reasonable directions with respect to remedying the situation.

7    Changes

7.1    We reserve the right to make changes to these Terms, or to the functionality, features, feature or content of the App at any time. Changes to these Terms will be announced on our website. Please be sure to visit it regularly. You will need to download a new version of the App if you wish to take the benefit of any changes we may make to it.

8    Third party Rights

8.1    These Terms are personal to you and Vevox and may not be enforced by any third party, whether pursuant to the Contracts (rights of Third Parties) Act 1999 or otherwise.

9    Governing Law and Jurisdiction

9.1    These Terms shall be governed by the laws of England and Wales and any matter or dispute arising in connection with them or in connection with the App shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts formed by these Terms shall be construed in English.
9.2    You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the App. To the extent that the App or any activity contemplated by it would infringe any law of a jurisdiction other than England, then you are prohibited from accessing or using the App or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms.