Terms of Service
v1.0.0
March 19, 2026
Definitions
Term
Definition
Platform Access and Licence
2.1 Grant of Licence
Subject to the Customer's full compliance with this Agreement and timely payment of all Fees, AcornCloud grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for the Customer's internal childcare service operations during the Subscription term. This licence does not convey any ownership interest in the Platform, its underlying technology, or any AcornCloud Intellectual Property Rights.
2.2 Restrictions
The Customer shall not, and shall ensure that Authorised Users do not:
copy, reproduce, modify, adapt, translate, reverse-engineer, decompile, disassemble, or create derivative works based on the Platform or any part thereof;
resell, sublicense, rent, lease, loan, or otherwise make the Platform available to any third party;
use the Platform to develop a competing product or service or to benchmark against AcornCloud for competitive purposes;
attempt to circumvent, disable, or interfere with any security, access control, or licensing mechanism within the Platform;
scrape, data-mine, or otherwise extract data from the Platform by automated means;
use the Platform to transmit malicious code, spam, or unlawful content;
remove, obscure, or alter any proprietary notices, branding, or labels on the Platform;
use the Platform in any manner that could damage, overburden, or impair the Platform's infrastructure or other customers' use.
2.3 AcornCloud's Reserved Rights
AcornCloud retains all rights not expressly granted herein. AcornCloud may, at its sole discretion and without liability, modify, suspend, or discontinue any feature, functionality, or aspect of the Platform at any time. AcornCloud may introduce new features, which may be subject to additional charges, at any time.
2.4 Beta Features
AcornCloud may make beta, preview, or experimental features available from time to time. Such features are provided "as is" without any warranty, service level commitment, or support obligation. AcornCloud may modify or discontinue beta features at any time without notice or liability.
Customer Obligations
3.1 Account Responsibility
The Customer is solely responsible for all activity that occurs under its account, including the actions of all Authorised Users and any access granted to Parents/Guardians. The Customer must maintain the confidentiality of all account credentials and must promptly notify AcornCloud at security@acorncloud.net upon becoming aware of any unauthorised access or suspected breach of account security.
3.2 Authorised Users
The Customer shall:
ensure that only Authorised Users access the Platform;
not permit account credentials to be shared among multiple individuals;
ensure Authorised Users comply with this Agreement and any applicable AcornCloud policies;
promptly deactivate any Authorised User account upon termination of that individual's relationship with the Customer.
3.3 Accuracy of Information
The Customer warrants that all information submitted to AcornCloud (including organisational details, billing information, and data about children, staff, and parents) is accurate, current, and complete. The Customer is solely responsible for ensuring the continued accuracy of such information.
3.4 Legal Compliance
The Customer is solely responsible for ensuring its use of the Platform complies with all applicable laws and regulations, including but not limited to Irish childcare regulations (TUSLA, Pobal, NCCA), the General Data Protection Regulation (GDPR), the Children First Act, employment law, and any applicable funding scheme requirements (ECCE, NCS, Core Funding). AcornCloud does not represent or warrant that use of the Platform will ensure regulatory compliance.
3.5 Equipment and Connectivity
The Customer is responsible for procuring and maintaining all hardware, software, network connectivity, and other infrastructure necessary to access and use the Platform. AcornCloud has no obligation to support or remedy issues arising from the Customer's technical environment.
Fees and Payments
4.1 Subscription Fees
The Customer agrees to pay all Fees in accordance with the pricing applicable to the Customer's chosen Subscription tier. Fees are set out on AcornCloud's pricing page or in the applicable Order and are subject to change in accordance with Section 4.6.
4.2 Payment Terms
Unless otherwise specified in an Order, Fees are payable monthly in advance by the payment method registered on the Customer's account. All Fees are exclusive of applicable taxes, including VAT, which the Customer shall pay in addition at the prevailing rate. Invoices are issued electronically and the Customer agrees to receive invoices in this format.
4.3 Late Payment
If any Fees are not received by AcornCloud on the due date, AcornCloud reserves the right, without limiting any other remedy, to: (a) charge interest on overdue amounts at the rate of 8% per annum above the European Central Bank base rate, accruing daily from the due date until full payment; (b) suspend the Customer's access to the Platform without notice until all outstanding Fees are paid in full; and (c) engage debt collection services, the cost of which shall be borne by the Customer.
4.4 No Refunds
All Fees paid are non-refundable unless expressly required by applicable law or expressly stated otherwise in writing by AcornCloud. No refund or credit will be provided for: (a) partial use of a Subscription period; (b) unused features; (c) periods of planned or unplanned downtime; or (d) early termination of a Subscription by the Customer.
4.5 Disputed Charges
Any dispute regarding an invoice must be raised in writing to billing@acorncloud.net within fourteen (14) days of the invoice date. After this period, invoices will be deemed accepted. Disputes do not suspend the Customer's obligation to pay the undisputed portion of any invoice.
4.6 Price Changes
AcornCloud may amend Fees at any time by providing at least thirty (30) days' written notice to the Customer. Continued use of the Platform after such notice period constitutes the Customer's acceptance of the revised Fees. If the Customer does not agree to the revised Fees, it may terminate this Agreement in accordance with Section 12.2.
4.7 Taxes
The Customer is responsible for all taxes, levies, or duties imposed by any taxing authority on the Fees, excluding taxes on AcornCloud's net income. If AcornCloud is required to collect or remit any taxes on the Customer's behalf, the Customer shall promptly reimburse AcornCloud for such amounts.
Intellectual Property Rights
5.1 AcornCloud's Intellectual Property
AcornCloud and its licensors own all Intellectual Property Rights in and to the Platform, including all software, algorithms, designs, documentation, training data, AI models, compiled datasets, and related materials. Nothing in this Agreement transfers or assigns any Intellectual Property Rights in the Platform to the Customer. The Customer acquires no rights in the Platform except the limited licence expressly granted in Section 2.1.
5.2 Customer Data Ownership
As between the parties, the Customer retains ownership of Customer Data. The Customer grants AcornCloud a worldwide, royalty-free, perpetual, irrevocable licence to: (a) host, store, process, transmit, and display Customer Data for the purpose of providing the Platform; (b) use Customer Data to operate, improve, and develop the Platform and AcornCloud's products and services; and (c) create Usage Data from Customer Data in accordance with Section 5.4.
5.3 Feedback
If the Customer or any Authorised User provides AcornCloud with any feedback, suggestions, feature requests, ideas, or other input relating to the Platform ("Feedback"), the Customer assigns to AcornCloud all Intellectual Property Rights in such Feedback, free of charge. AcornCloud shall be free to use, exploit, disclose, and incorporate such Feedback without restriction, attribution, or compensation to the Customer.
5.4 Usage Data
AcornCloud may collect, generate, aggregate, and analyse Usage Data derived from the Customer's use of the Platform. AcornCloud owns all Usage Data and may use it freely for any lawful purpose, including product improvement, analytics, research, benchmarking, and commercial purposes, provided that such Usage Data does not identify the Customer or any individual without their consent.
5.5 No Reverse Engineering of AcornCloud IP
The Customer acknowledges that the Platform contains trade secrets and proprietary know-how belonging to AcornCloud. The Customer shall not attempt to determine or derive the source code, architecture, or methodology underlying the Platform by any means.
Data Protection and Privacy
6.1 General
Each party shall comply with its respective obligations under applicable data protection legislation, including the GDPR and the Data Protection Acts 1988–2018. The parties' respective obligations as controller and processor are set out in AcornCloud's Data Processing Agreement ("DPA"), which is incorporated into this Agreement by reference and is available at acorncloud.app/legal/dpa.
6.2 Customer as Controller
The Customer is the data controller in respect of all personal data relating to children, parents, guardians, and staff that the Customer uploads to the Platform. The Customer is solely responsible for: (a) ensuring it has a lawful basis for processing such personal data; (b) providing adequate privacy notices to data subjects; (c) responding to data subject access requests; and (d) complying with all controller obligations under applicable data protection law.
6.3 AcornCloud as Processor
AcornCloud acts as a data processor when processing personal data on behalf of the Customer. AcornCloud shall: (a) process personal data only on the Customer's documented instructions; (b) implement appropriate technical and organisational security measures; (c) assist the Customer in meeting its obligations to data subjects where reasonably possible; and (d) promptly notify the Customer of any personal data breach affecting Customer Data in accordance with AcornCloud's breach notification procedures.
6.4 Customer Indemnity for Data Breaches
The Customer shall indemnify, defend, and hold AcornCloud harmless from and against any claims, losses, fines, penalties, or expenses (including legal fees) arising from: (a) the Customer's failure to comply with its data controller obligations; (b) the Customer's use of Customer Data in breach of applicable law; or (c) any claim by a data subject arising from the Customer's instructions to AcornCloud as processor.
6.5 Data Retention and Deletion
On termination or expiry of this Agreement, AcornCloud will make Customer Data available for export for a period of thirty (30) days, after which AcornCloud may delete all Customer Data. AcornCloud shall have no liability for any loss of Customer Data following this period. AcornCloud may retain anonymised or aggregated data derived from Customer Data indefinitely.
6.6 Security
AcornCloud implements industry-standard technical and organisational security measures to protect the Platform and Customer Data. However, no system is entirely secure, and AcornCloud does not warrant that the Platform will be free from all security vulnerabilities or that Customer Data will be immune from unauthorised access. The Customer is responsible for implementing its own security practices in accessing the Platform.
Confidentiality
7.1 Obligations
Each party agrees to keep the other party's Confidential Information strictly confidential and not to disclose it to any third party without the disclosing party's prior written consent, except: (a) to those employees, contractors, or advisers who have a genuine need to know and are bound by confidentiality obligations no less protective than those in this Agreement; (b) as required by law or court order, in which case the receiving party shall give prompt written notice to the disclosing party to the extent permitted by law; or (c) with respect to information that has become publicly available through no fault of the receiving party.
7.2 Platform as Confidential Information
The Customer acknowledges that the Platform, its underlying technology, pricing information, and all documentation constitute Confidential Information of AcornCloud, regardless of whether such information is marked as confidential.
7.3 Duration
Confidentiality obligations shall survive the termination or expiry of this Agreement for a period of five (5) years in respect of general Confidential Information and indefinitely in respect of trade secrets.
Warranties
8.1 Customer Warranties
The Customer represents and warrants that: (a) it has full power and authority to enter into this Agreement; (b) its use of the Platform will comply with all applicable laws; (c) Customer Data does not infringe the Intellectual Property Rights, privacy rights, or any other rights of any third party; and (d) it will not use the Platform to process data in a manner prohibited by applicable law.
8.2 AcornCloud's Limited Warranty
AcornCloud warrants that it will use commercially reasonable efforts to provide the Platform substantially in accordance with the documentation. This is the Customer's sole and exclusive warranty from AcornCloud with respect to the Platform.
8.3 Disclaimer of All Other Warranties
EXCEPT AS EXPRESSLY SET OUT IN SECTION 8.2, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ACORNCLOUD EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR COMPLETE; (C) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED; (D) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY OUTPUT, DATA, OR CONTENT GENERATED BY THE PLATFORM; AND (E) ANY WARRANTY THAT THE PLATFORM WILL MEET THE CUSTOMER'S REQUIREMENTS OR EXPECTATIONS.
8.4 No Regulatory Compliance Warranty
AcornCloud makes no representation or warranty that use of the Platform will ensure the Customer's compliance with any regulatory framework, including TUSLA requirements, Pobal requirements, ECCE, NCS, Core Funding, or any other statutory or regulatory obligation applicable to the Customer's operations.
Limitation of Liability
9.1 Exclusion of Indirect Losses
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACORNCLOUD (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS) BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY: (A) LOSS OF PROFITS; (B) LOSS OF REVENUE; (C) LOSS OF DATA OR CORRUPTION OF DATA; (D) LOSS OF GOODWILL OR REPUTATION; (E) BUSINESS INTERRUPTION; (F) LOSS OF ANTICIPATED SAVINGS; OR (G) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, HOWEVER ARISING AND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF ACORNCLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
9.2 Aggregate Liability Cap
Subject to Section 9.3, AcornCloud's aggregate liability to the Customer under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total Fees actually paid by the Customer to AcornCloud in the twelve (12) months immediately preceding the event giving rise to the claim.
9.3 Exceptions
Nothing in this Agreement limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.
9.4 Mitigation
The Customer has a duty to take all reasonable steps to mitigate any loss or damage it suffers in connection with the Platform or this Agreement. AcornCloud's liability shall be reduced to the extent that the Customer has failed to mitigate its loss.
9.5 Essential Basis
The Customer acknowledges that the limitations and exclusions in this Section 9 reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between the parties. The Fees would be substantially higher if AcornCloud were to accept greater liability.
10. Indemnification
10.1 Customer Indemnity
The Customer shall indemnify, defend (at AcornCloud's option), and hold harmless AcornCloud and its officers, directors, employees, and agents from and against any and all claims, demands, actions, losses, damages, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
the Customer's or any Authorised User's use of the Platform in breach of this Agreement;
any infringement of third-party Intellectual Property Rights, privacy rights, or other rights by Customer Data;
the Customer's failure to comply with applicable law, including data protection obligations;
any claim by a Parent/Guardian, child, employee, or third party arising from the Customer's use of the Platform;
any claim arising from the Customer's integration of Third-Party Services with the Platform;
any regulatory fine, penalty, or investigation relating to the Customer's childcare operations;
the Customer's breach of any representation or warranty in this Agreement.
10.2 Indemnification Process
AcornCloud shall: (a) promptly notify the Customer in writing of any claim for which indemnification is sought; (b) give the Customer reasonable control of the defence and settlement of such claim, subject to AcornCloud's approval of any settlement that imposes obligations on AcornCloud; and (c) provide reasonable assistance to the Customer at the Customer's expense. AcornCloud reserves the right to participate in the defence of any claim at its own expense.
11. Third-Party Services and Integrations
11.1 Third-Party Services
The Platform may interoperate with, integrate with, or provide access to Third-Party Services, including but not limited to payment processors, AI providers, SMS gateways, cloud infrastructure providers, and government portals. AcornCloud makes no representation or warranty regarding Third-Party Services and accepts no responsibility or liability for:
the availability, accuracy, reliability, or performance of any Third-Party Service;
any loss or damage arising from the Customer's use of any Third-Party Service;
any changes to, discontinuation of, or security incident affecting any Third-Party Service;
compliance of Third-Party Services with applicable law.
11.2 Third-Party Terms
Use of Third-Party Services may be subject to additional terms and conditions imposed by the relevant third party. The Customer is solely responsible for reviewing and complying with such terms. AcornCloud shall not be liable for any failure by the Customer to comply with third-party terms.
11.3 AI Features
The Platform may include artificial intelligence or machine learning features. The Customer acknowledges that: (a) AI-generated outputs may be inaccurate, incomplete, or inappropriate and should not be relied upon without human review; (b) AcornCloud does not warrant the accuracy of any AI-generated content; and (c) AcornCloud shall not be liable for any loss or damage arising from the Customer's reliance on AI-generated outputs. The Customer is solely responsible for reviewing, validating, and taking responsibility for any AI-generated content before use.
11.4 Payment Processing
Where the Platform facilitates payment processing, such services are provided by third-party payment processors. AcornCloud does not handle, store, or process card or banking details and accepts no liability for payment processing failures, disputes, or security incidents relating to payment processors.
12. Term and Termination
12.1 Term
This Agreement commences on the Effective Date and continues for the initial Subscription period specified in the Order or, if no period is specified, on a monthly rolling basis, and shall automatically renew for successive equivalent periods unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current period.
12.2 Termination by Customer
The Customer may terminate this Agreement at any time by providing at least thirty (30) days' written notice to AcornCloud. Termination shall take effect at the end of the notice period. No refund of Fees will be provided for any unexpired portion of a prepaid Subscription period.
12.3 Termination by AcornCloud
AcornCloud may terminate or suspend this Agreement or the Customer's access to the Platform, with immediate effect and without liability, upon written notice if:
the Customer fails to pay any Fees when due and does not remedy such failure within fourteen (14) days of written notice;
the Customer materially breaches any provision of this Agreement and, where the breach is remediable, fails to remedy it within fourteen (14) days of written notice;
the Customer becomes insolvent, enters administration, receivership, or liquidation, or is unable to pay its debts as they fall due;
the Customer's use of the Platform causes harm or risk of harm to AcornCloud, its systems, other customers, or third parties;
AcornCloud reasonably believes continued provision of the Platform would violate applicable law.
12.4 Suspension
In addition to its rights of termination, AcornCloud may suspend the Customer's access to the Platform at any time without notice if: (a) Fees are overdue; (b) the Customer is in material breach of this Agreement; (c) the Customer's use of the Platform poses a security risk; or (d) AcornCloud is required to do so by law or court order. AcornCloud shall not be liable for any loss or damage arising from a suspension in accordance with this Section.
12.5 Effect of Termination
On termination or expiry of this Agreement for any reason: (a) all licences granted to the Customer shall immediately cease; (b) the Customer shall immediately cease all use of the Platform; (c) all outstanding Fees shall become immediately due and payable; (d) each party shall promptly return or destroy the other party's Confidential Information; and (e) Sections 5, 6, 7, 8, 9, 10, 12.5, 13, 14, and 15 shall survive.
13. Modifications
AcornCloud reserves the right to modify this Agreement at any time. AcornCloud shall notify the Customer of any material changes by email or by in-platform notification at least fourteen (14) days before the changes take effect. The Customer's continued use of the Platform after the effective date of any modification constitutes the Customer's acceptance of the modified Agreement. If the Customer does not agree to a modification, it may terminate this Agreement in accordance with Section 12.2 before the modification takes effect.
14. Support, Maintenance, and Availability
14.1 Support
AcornCloud shall use commercially reasonable efforts to provide the Customer with access to standard technical support during AcornCloud's published business hours. Support is provided via AcornCloud's in-platform help centre, email, and such other channels as AcornCloud makes available from time to time. AcornCloud reserves the right to modify its support channels and hours at any time.
14.2 Maintenance
AcornCloud may perform scheduled or emergency maintenance on the Platform that may result in temporary unavailability. AcornCloud shall use commercially reasonable efforts to carry out scheduled maintenance during off-peak hours and to provide reasonable notice of planned maintenance. AcornCloud shall not be liable for any downtime or unavailability resulting from maintenance activities.
14.3 No SLA
AcornCloud does not guarantee any specific level of uptime or availability of the Platform. Unless expressly set out in a separate Service Level Agreement signed by an authorised representative of AcornCloud, no service level commitments apply to this Agreement. Any references to uptime targets in marketing materials or documentation are aspirational only and do not constitute contractual commitments.
15. General Provisions
15.1 Governing Law
This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes) shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.
15.2 Jurisdiction
Subject to Section 15.3, each party irrevocably submits to the exclusive jurisdiction of the courts of Ireland to settle any dispute arising out of or in connection with this Agreement. The Customer waives any objection to proceedings in Irish courts on grounds of inconvenient forum or otherwise.
15.3 Dispute Resolution
Before commencing formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days from written notice of the dispute. If the dispute is not resolved within this period, either party may pursue its rights through the courts of Ireland. Nothing in this Section prevents AcornCloud from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction at any time.
15.4 Assignment
AcornCloud may freely assign, transfer, novate, or subcontract any of its rights or obligations under this Agreement, including in connection with a merger, acquisition, or sale of all or substantially all of its assets, without the Customer's consent. The Customer may not assign, transfer, or novate any of its rights or obligations under this Agreement without AcornCloud's prior written consent, which may be withheld at AcornCloud's sole discretion. Any purported assignment by the Customer without such consent shall be void.
15.5 Force Majeure
AcornCloud shall not be liable for any failure or delay in performance of its obligations under this Agreement to the extent caused by a Force Majeure Event. AcornCloud shall notify the Customer as soon as reasonably practicable of any Force Majeure Event and its expected duration. If a Force Majeure Event continues for more than ninety (90) days, AcornCloud may terminate this Agreement without liability upon written notice.
15.6 Entire Agreement
This Agreement, together with any Order, the DPA, and any AcornCloud policies incorporated by reference, constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior agreements, understandings, representations, or warranties, whether written or oral, in relation to that subject matter. The Customer acknowledges that it has not relied on any statement, promise, or representation made or given by or on behalf of AcornCloud that is not set out in this Agreement.
15.7 Order of Precedence
In the event of a conflict between this Agreement and any Order or supplementary document, the Order shall take precedence only in respect of the specific commercial terms (Fees, Subscription tier, term) set out therein. In all other respects, this Agreement shall prevail.
15.8 Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from this Agreement. The validity and enforceability of the remaining provisions shall not be affected.
15.9 Waiver
No failure or delay by AcornCloud in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy. A waiver of any right or remedy shall only be effective if given in writing and shall not constitute a waiver of any subsequent breach or right.
15.10 Relationship of the Parties
The parties are independent contractors. Nothing in this Agreement shall create or be deemed to create a partnership, agency, joint venture, employment, or franchise relationship between the parties. Neither party shall have authority to bind the other in any manner.
15.11 Notices
All notices under this Agreement must be in writing and shall be delivered by email (with read receipt or delivery confirmation) or by registered post to the addresses registered on the Customer's account (for the Customer) or to legal@acorncloud.net (for AcornCloud). Notices shall be deemed received: (a) by email, at the time of successful transmission; or (b) by post, three business days after posting.
15.12 Limitation on Time to File Claims
Any claim or cause of action arising from or relating to this Agreement must be commenced within twelve (12) months of the date on which the party asserting the claim knew or should reasonably have known of the facts giving rise to the claim. Claims not brought within this period shall be permanently barred, regardless of any longer limitation period that might otherwise apply by law.
15.13 No Third-Party Rights
This Agreement is for the benefit of the parties only. No third party (including any Authorised User or Parent/Guardian) shall have any rights to enforce or rely upon any provision of this Agreement under the Contracts (Rights of Third Parties) Act or otherwise.
15.14 Publicity
The Customer grants AcornCloud the right to reference the Customer's name and logo in AcornCloud's marketing materials, website, and investor communications as a customer of AcornCloud. The Customer may withdraw this consent by written notice to AcornCloud, with such withdrawal taking effect within thirty (30) days of receipt.
15.15 Language
This Agreement is executed in the English language. In the event of any conflict between the English version of this Agreement and any translation, the English version shall prevail.
16. Mobile application license
Use license
16.1 Use license
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
16.2 Apple and Android devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor') to access the Services: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a 'terrorist supporting' country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof.
17. Advertisers
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
18. Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
19. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
20. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Acceptance
By accessing or using the Platform, the Customer confirms that it has read, understood, and agrees to be bound by this Agreement. If the Customer is entering into this Agreement on behalf of a legal entity, the individual accepting confirms they have the authority to bind that entity.
Contact us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Bee Interviewed Limited
Culisheal, Ballymah, Cork, Ireland
Cork, County Cork T12 X2TW
Ireland
corporate@acorncloud.net