Last updated: 15th of October 2021
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. AMONG OTHER THINGS, THEY PROVIDE KEY INFORMATION ON YOUR LEGAL RIGHTS AND OBLIGATIONS, FUTURE CHANGES TO THE TERMS, AUTOMATIC RENEWALS AND LIMITATIONS OF LIABILITY. THESE TERMS ALSO CONTAIN A MANDATORY CLASS ACTION WAIVER IN SECTION 11 WHICH AFFECTS HOW DISPUTES ARE RESOLVED.
These General Terms of Service (“General Terms”), along with any applicable Additional Terms (see section 1 below) (collectively, the “Terms”) govern your use of and access to our websites, customer support, any interactive areas, software, applications and other services (collectively, the “Services”).
The Services are provided by the entity specified in Section 13 of these General Terms (“we,” “us,” “our,” or “PurpleTech”). Please note that the Terms constitute a binding legal agreement between you and PurpleTech. By visiting our websites, installing, and/or using the Services, you acknowledge that you have read the Terms, understand them, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and acknowledging that you have the authority to act on behalf of that organization and commit to these Terms on behalf of that organization. If you do not agree with these Terms or any provisions hereof, please do not install and do not use our Services.
Our Services are subject to one or more of the additional terms below (“Additional Terms”). If there is any conflict between the terms in the General Terms and the Additional Terms, then the Additional Terms govern in relation to that Service.
PurpleTech may modify the Terms from time to time. The most recent version is the version that applies to your use of the Services. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the client applications, website or via email. Unless it is stated by us otherwise, each update of the Terms comes into force as of the moment when amended Terms are published on this web page. You understand and agree that any continued use and access to the Services after any updates to these Terms are published, means that you voluntarily agree to be bound by the updated Terms.
To use any of our Services, you must set up an account. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your account, with or without authorization, or who has access to any computer on which your account resides or is accessible.
You are responsible for maintaining the confidentiality of your PurpleTech account username and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, username or password, as the case may be.
Your use of the Services is at your own risk. The Services may be modified, updated, interrupted or suspended at any time without notice or liability. We do not bear any liability for any harm or other adverse consequences to you, caused by this. PurpleTech, its owners, employees, agents and others that are involved with the Services are not in any way or form liable for any harm of any kind executed or intended, resulting from or arising through or from the use of any account registered with Services.
Subject to the terms and conditions of these Terms, we grant you a limited, revocable, non-exclusive, personal, non-transferable, non-sublicensable, fixed-term license to: (1) download and use a copy of our software; and (2) use the Services, including, without limitation, the products and services made available on or through the our software or our website. No other right or license, express or implied, of any kind is granted to you hereunder with respect to the Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.
The Services, including, but not limited to, our software, mobile application and all other products, are owned and copyrighted by PurpleTech and protected worldwide. We retain all right, title and interest in and to the Services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, patents, trade secrets and other intellectual property rights. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the Services. All rights are reserved unless otherwise noted.
By accessing and using this website and by using the Services, you accept and acknowledge that the Services, including the appearance, content, selection, assembly and functionality and any other parts or specifics of our websites and the Services, is the ownership of PurpleTech (despite whether the specific content is individually protected by copyright).
The version of the Services and software available at your renewal date may be different from the version available when you first purchased your license from us. We provide application updates for all OS versions for at least two years after the initial OS version release.
All our paid Services are subscribed on a service period basis. You choose the service period and the payment method yourself when you sign up for the paid Services. Your service will automatically be renewed, and your chosen payment method will be charged at the end of each service period, unless you decide to cancel your automatic payments for the Services before the end of the then-current subscription. All prices, including recurring subscription fees, are subject to change. Any changes in pricing will be communicated to you in advance. If you update payment details in your account, the updated information will be regarded as your preferred method for any future payments.
In some cases, we or others on our behalf may offer a free trial for our paid Services. The duration of the free trial period and other details will be specified during a sign-up. We determine your free trial eligibility at our sole discretion, and to the extent permitted under applicable law we may limit or withdraw a free trial option at any time without prior notice. You acknowledge and agree that we will automatically charge you for our paid Services at the end of the free trial period on a recurring basis. If you do not want to be charged, you must cancel the paid subscription before the end of the free trial by contacting our support team. If you received a free trial from a third party, you may also cancel the paid subscription through that third party.
Any fees charged by us are exclusive of taxes. However, we may calculate and add any taxes and / or additional fees, including, but not limited to sales tax, value added tax and other taxes or fees under laws applicable to you. Such taxes and fees will be calculated according to the billing information provided by you to PurpleTech at the time of purchase.
Consistent with applicable law, PurpleTech does not knowingly collect personal information from minors without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from children without such consent, we will promptly delete it.
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the Services to any users who infringe any applicable laws or these Terms.
You agree that you shall not:
We reserve the right to refuse service, suspend accounts or limit access to the Services in our sole discretion. Such suspension or access limitation may be implemented by PurpleTech instantly and without any indication, notice or refund. We may suspend your account for clarification, investigation or request you to explain your actions and provide additional information. If your account has been suspended, you must contact us for further information. We may suspend your user account for a reasonable period of time before we terminate a user account permanently.
We use automated tools to identify web scraping and minimize the service abuse. These tools are looking for irregular patterns when new sessions are initiated and if such patterns are noticed, it might automatically suspend your account or otherwise limit your access to the Services until further investigation is complete.
You access and use the Services in your country on your own initiative, and you solely are responsible for complying with your local laws and regulations if and to the extent such laws are applicable. We reserve the right to limit, in our sole discretion, the availability of the Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.
You are disallowed to connect and use the Services if you are a minor, a competitor of our business, if you have been or are prohibited to access the Services, or if your account has been suspended or closed due to any reason.
We encourage you to let us know about the violation of these Terms by any of PurpleTech users; in case of such violations, we may take appropriate action at our sole discretion.
Reasonable efforts are taken to improve the accuracy and integrity of the Services, but complex software is never wholly free from defects, errors and bugs. We give no warranty or representation that the Services will be wholly free from defects, errors and bugs, such as downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to the Services, or any functionality comprising a part of the Services at any time without notice. In no event will we be liable for making these changes. As a registered user in good standing, you may be provided with limited service by PurpleTech. We do not warrant and will not have any liability or responsibility for your use of the Services or other products or services we provide. We may also impose limits on the use of or access to the Services, for any reason and without notice or liability. Our Services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
THE SERVICES (INCLUDING, WITHOUT LIMITATION, OUR SOFTWARE, MOBILE APPLICATIONS, SERVICES AND WEBSITE) ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond our reasonable control, including, without limitation, failures of third party software (whether open or not), failures of your telecommunication or internet service providers, force majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
There are inherent risks in relying upon, using, transmitting, or retrieving any data and/or content on the Internet, and we urge you to make sure you understand these risks before using the Services.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER PURPLETECH NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE LIABILITY OF PURPLETECH SHALL NOT EXCEED WHAT THE CLIENT PAID TO PURPLETECH AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE.
You agree, at your own expense, to indemnify, defend and hold harmless PurpleTech, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of the Services, or any of your other acts or omissions.
You agree to receive communications from us electronically, e.g., by email, application messages, etc. and consent that such notifications satisfy any legal requirement for communication in writing. You agree that we may communicate to you for the purpose of advising you of changes or additions to the Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.
When communicating with our customer support representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer support representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
Where permitted under the applicable law, class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Unless both you and PurpleTech agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If our application is downloaded from Apple, Inc. (“Apple”) App Store or if you are using the Services on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple.
These Terms are concluded between you and PurpleTech, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance or support services for the Service To the extent that the Services fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and 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 a third party beneficiary of these Terms. You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
The PurpleTech entity with which you are contracting with is Purple Technologies Ltd, a company registered in England & Wales under number 12301022 whose registered office is 152 - 160 Kemp House, City Road, London, United Kingdom, EC1V 2NX.
We reserve the right to modify and update these Terms at our sole discretion, at any time, for any reason, and without liability.
We also reserve the right to modify or update the operation of the Services at our sole discretion, at any time, for any reason, and without notice or liability. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
The Terms constitute an agreement between you and us regarding the use of the Services. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
You may not assign these Terms or any rights or interest under these Terms or delegate any obligations to be performed under these Terms, without the PurpleTech’s prior written consent. PurpleTech can assign its rights and obligations under these Terms to selected third parties without your consent, including but not limited to, in cases of corporate reorganization, merger, acquisitions, sale or transfer of all or substantially all of company assets.
These Terms shall be governed in all respects by the substantive laws of England and Wales, without regard to its choice of law provisions. You agree that the courts of general jurisdiction located in England and Wales will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to these Terms or the Services.
For all purposes, the English language version of the Terms shall be the original, governing instrument and understanding between you and us. In the event of any conflict between this English language version of the Terms and any subsequent translation into any other language, the English language version shall govern and control.