This mobile application (the “App”) is made available by Rocket Splash Games Inc., a limited liability company registered in Canada.
You, the user of “Temperature Log Book” (the App), confirm your acceptance of these App terms of use (“App Terms”). If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use. These App Terms should be read alongside our Privacy Policy.
General Terms
App and Related Terms
Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.
Use of the App
You must be at least 18 years of age to use the App.
You are granted a non-exclusive, non-transferable, revocable licence to use the App for your personal or commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App are reserved by the app legal owner.
In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.
Intellectual Property
The Temperature Log Book name and logo, and other Epistaim trademarks, service marks, graphics and logos used in connection with the App are trademarks of Rocket Splash Games Inc.. Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Epistaim Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Rocket Splash Games Inc. or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Rocket Splash Games Inc. and its licensors.
Prohibited Uses
You agree not to use the App in any way that:
is unlawful, illegal or unauthorised;
is defamatory of any other person;
is obscene or offensive;
promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringes any copyright, database right or trade mark of any other person;
is likely to harass, upset, embarrass, alarm or annoy any other person;
is likely to disrupt our service in any way; or
advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Indemnification
You agree to indemnify Rocket Splash Games Inc. for any breach of these App Terms. Rocket Splash Games Inc. reserves the right to control the defence and settlement of any third party claim for which you indemnify Rocket Splash Games Inc. under these App Terms and you will assist us in exercising such rights.
No Promises
Rocket Splash Games Inc. provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Rocket Splash Games Inc. does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content.
To the fullest extent permitted by applicable law, Rocket Splash Games Inc. hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.
Reliance on Information
The App is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App.
Exclusion of Epistaim’s Liability
Nothing in these App Terms shall exclude or in any way limit Epistaim’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
To the fullest extent permitted under applicable law, in no event shall Rocket Splash Games Inc. be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.
Rocket Splash Games Inc. shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall Epistaim’s liability arising under or in connection with these App Terms and your use of the App exceed £50.
General
These App Terms shall be governed by the laws of Canada and the parties submit to the exclusive jurisdiction of the courts of Canada to resolve any dispute between them arising under or in connection with these App Terms.
If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Payments
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by Rocket Splash Games Inc.) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method. If you paid through the iTunes store or Google Play, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Rocket Splash Games Inc., other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately.
Fees
In order to access certain functionality of the Services, you may be required to pay one-time fees or subscription fees. One-time fees or subscription fees, along with any required taxes, may be paid on a monthly or annual basis. All membership fees are payable in advance. Epistaim reserves the right to increase fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
Auto-Renewal
Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time. If you signed up through the Google Play or iTunes store, you may cancel your Summit membership by downgrading through the corresponding store. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain and become a basic account. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time.
Contact Us
If you have any questions regarding our App, you can email us customer@epistaim.com