TERMS OF SERVICE

AGREEMENT TO OUR LEGAL TERMS

We are Nexabyte Ltd, doing business as Flow ('Company', 'we', 'us', or 'our'), a company registered in England and Wales (company number 15817114).

We operate the website nexabyteflow.uk (the 'Site') and the mobile application Flow (the 'App'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

You can contact us by email at info@nexabyteflow.uk.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Nexabyte Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@nexabyteflow.uk. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions:By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

• confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in GBP.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

6. PAYMENT SYSTEMS ADVICE, SETUP AND SUPPORT

If you engage us to set up or support how your business takes and manages payments, the following terms apply:

Service Description

Our payment systems service is an operational advisory and implementation service for businesses. It may include, as agreed for each engagement: gathering and documenting requirements; researching and comparing third-party providers; preparing option assessments or recommendations; coordinating suppliers; configuring payment links, POS software, payment requests, deposit and balance processes, paid and unpaid tracking, refunds and cancellations; supporting temporary or multi-location retail setups; testing agreed workflows; documenting processes for your staff; and providing launch or ongoing operational support. This work uses third-party tools and accounts that you own and control. The scope, deliverables and fee for each engagement will be agreed with you in advance.

What We Do Not Provide

We are not a payment provider, payment processor, bank, money services business, hardware manufacturer, or merchant acquirer, and we do not at any point hold, receive, or transmit funds on your behalf. We do not provide financial, legal, accounting, tax, or country-specific fiscal-compliance advice, and nothing in our service should be relied on as such. We may identify areas where specialist advice or supplier confirmation is required, but you remain responsible for obtaining and acting on that advice. Your use of third-party products and services remains subject to your own agreements with the relevant providers, including their eligibility checks, fees and terms. We are not responsible for the acts, omissions, availability, pricing, delivery, decisions, or performance of third-party providers.

Your Responsibilities

You are responsible for maintaining and approving your own accounts and contracts with third-party providers, for completing provider onboarding and any legal, tax, fiscal or regulatory registrations that apply to your business, for the accuracy and completeness of the information you give us, and for reviewing and approving recommendations and processes before relying on them. Where we provide documentation or staff guides, you are responsible for keeping them up to date as your business and tools change.

On-Site Support

Where we agree to provide on-site support at your premises (for example when a payment device stops working), attendance is subject to availability and location. Support is provided on a best-effort basis and we do not guarantee response or resolution times.

Liability

We are not liable for any lost sales, missed transactions, or consequential losses arising from recommendations, configuration or use of third-party tools, supplier delivery, service unavailability, or delays in support. Our maximum liability for the payment systems advice, setup and support service is limited to the fees paid for the engagement giving rise to the claim.

7. FLOW CONNECT (EVENT SUPPORT SERVICES)

If you purchase our Flow Connect service (our on-site event support service), the following terms apply:

Service Description

Flow Connect provides on-site payment support during events. Support is available while Flow staff are present on-site during event operating hours. Services may include, subject to availability and as specified for each event: Wi-Fi access for payment processing, charging equipment, hardware troubleshooting, device setup assistance, and spare card readers. Service offerings and pricing vary by event.

Response Times and Availability

We aim to respond to support requests within 30 minutes. Support is provided on a best-effort basis with no guaranteed resolution times. Service availability is subject to Flow staff being present on-site and may be affected by factors beyond our control.

Wi-Fi Service

Where Wi-Fi access is included in the Flow Connect service for an event, it is provided exclusively for payment processing purposes. The service is subject to a fair use policy, and we reserve the right to restrict or terminate access for excessive or inappropriate use. We do not guarantee specific bandwidth, speeds, or continuous uptime. Network performance may vary based on event location, infrastructure, and usage levels.

Equipment Loans

Where equipment loans are included in the Flow Connect service for an event, such items (which may include charging cables, power banks, or spare card readers) are temporary loans and must be returned before leaving the event. If equipment is lost or damaged while in your possession, you agree to pay the following replacement costs: £10 per cable, £20 per power bank, and the full replacement value for spare card readers. Spares, if provided, are for use while your own device is out of action and must be returned as soon as your device is working again or at event end.

Scope and Limitations

Flow Connect covers hardware troubleshooting for SumUp, Zettle, and Square payment devices only. The service includes assistance with device setup, connectivity issues, and hardware malfunctions. We explicitly do not provide support for:

• Payment account issues (locked accounts, verification problems, payout issues)
• Payment provider software bugs or app problems
• Customer-caused damage or issues
• Non-payment related technical problems
• Custom software configurations or development
• Issues with payment providers other than SumUp, Zettle, or Square

Liability

We are not liable for any lost sales, missed transactions, or consequential losses arising from technical issues, service unavailability, or delays in support. Our maximum liability for the Flow Connect service is limited to the service fee paid. We are not responsible for issues caused by event infrastructure, power outages, mobile network failures, or other circumstances beyond our reasonable control.

Payment and Cancellation

The service fee is payable in advance and is non-refundable once the event begins, regardless of whether you use the service. If Flow cannot provide the Flow Connect service due to our inability to attend the event, we will provide a full refund. No refund is available for unused services, partial use, or if you choose not to utilise available support during the event.

8. EQUIPMENT HIRE

This section applies when you hire payment or till equipment from us, whether that is for a market, an event, a pop-up, a seasonal shop or any other temporary trading location. Your quote sits alongside this section and records the detail of your hire. Where your quote says something more specific, your quote applies.

Quotations and How a Booking Is Made

Sending us an enquiry is not a booking. Choosing a kit, giving us your dates or completing a form on the Site does not reserve equipment, does not create a contract and does not commit you to anything.

We reply with a written quote covering the equipment, the service level, the hire period, delivery or collection, any optional work and the refundable card hold. A quote is an invitation for you to place an order. It is not an offer we are bound by, and it doesn't reserve stock for you. Quotes are valid for the period stated on them, and we may withdraw or reprice a quote before you accept it, for example if the equipment is no longer free for your dates.

A booking is made only when all of the following have happened:

• you've accepted the quote in writing;
• you've signed our hire agreement;
• we've received the payment due at that point, as set out below; and
• we've confirmed your booking in writing.

Until we send that confirmation, no equipment is held for you and neither of us is under any obligation. We may decline an order, and we'll decline work we can't prepare and check properly in the time available.

Paying for Your Hire

For Flow Kit and Flow Ready, the charges on your quote are paid in full before the equipment is released or installed. For Flow Live, a booking payment of 50% is due when you book and the balance is due seven days before your deployment. Where we have to buy equipment specifically for your order, the booking payment is the greater of 50% or the amount we have to pay out before we can commit to the purchase. Variable items such as approved overtime, extensions, late return, damage or loss are invoiced afterwards, with the evidence behind them.

Hire Periods and Extensions

Hire periods are counted in trading days. Weekend hire covers up to three consecutive trading days and is available for payment terminals and small accessories. Weekly hire covers seven consecutive trading days, and it is the shortest standalone period for a complete till. Longer hires are charged in further seven-day periods. A complete till needed for less than a week is quoted as a managed deployment rather than a standard hire.

Days we use for transit, or an early delivery buffer we arrange, do not count against your paid trading days. A late return caused by you does.

If you want to keep the kit longer, ask us before your return date. Extensions aren't automatic, because the equipment may already be booked to someone else. If we can extend, we'll confirm the new dates and the extra charge in writing. Keeping equipment past your return date without our written agreement is a late return, charged at the daily equivalent of the weekly hire rate with a minimum of £25 per day per kit until it's back with us. Late return charges are separate from, and do not replace, your responsibility for damage or loss.

We review Payment Kit hires beyond seven days, and complete or mixed orders from four weeks. If buying the equipment would cost you less than hiring it, we'll tell you and quote for the purchase and setup instead.

Delivery and Collection

Your quote states how the equipment reaches you and how it comes back. You can collect from our operating base by appointment and return it the same way, at no carriage charge, with reusable transport protection included. We can send the kit by courier, with return packaging and a label where a return leg is quoted. Or we can deliver to one agreed address in our service area, and collect afterwards where that is quoted.

Our delivery area is centred on Warwickshire and the Cotswolds. Addresses outside it, additional locations, timed or restricted access, parking costs and extra journeys are quoted separately.

You need to give us accurate addresses and a contact who will be there to receive the kit. If nobody's available, or access isn't as described, we may charge for the wasted journey and rebook. Delivery dates are the dates we're working to, and once a kit is with a courier the timing isn't in our hands.

Setup and Handover

Every kit is allocated, inspected, cleaned, updated, charged, paired and tested before it leaves us, and it comes with a setup guide. What happens after that depends on the service on your quote.

Flow Kit: you install the kit, sign in to your own account and build your own catalogue. Handover is remote, and we provide first-line fault triage by phone or email during your hire.

Flow Ready:we deliver to one agreed location, unpack and assemble the kit, connect it to your power and internet, connect the peripherals, supervise you signing in to your own account, run a test sale and receipt check, and hand over to one person you nominate. We keep a record of that handover. Flow Ready doesn't include anyone from Flow being present while you trade.

Flow Live: everything in Flow Ready, plus one person from Flow on site for the hours booked on your quote.

Catalogue and menu building, general staff training, venue network design, and supplying power or internet aren't included in any service unless your quote says so. Catalogue work is available as a paid extra and needs a complete, approved product list from you before we start.

Onsite Support

Where your quote includes Onsite Support, one person from Flow is on site for the booked window. Within that window they run pre-opening checks, respond first-line to faults with the equipment we supplied, reconnect, restart and swap small parts, carry a Resilience Pack (a spare payment terminal, power bank, backup cables, an extension lead and agreed small accessories), work with your nominated lead, and write up an incident record. Teardown and return are included where they fit inside the booked window.

Onsite Support doesn't include serving your customers or operating your checkout, handling your cash, making decisions on your merchant account such as refunds and account administration, guarding equipment or providing security, or overnight attendance. Cover is the hours booked, not open-ended. Extra hours must be agreed with us and are charged at the overtime rate on your quote, currently £75 per person per hour. A separate teardown or collection visit is a separate charge.

We respond as quickly as we reasonably can, and we carry spares where a Resilience Pack is included, but we don't guarantee fix times and we can't guarantee venue power, venue Wi-Fi or mobile coverage. A Resilience Pack doesn't include a complete standby till. If you want one, we can quote for it as an additional kit. Outside a booked Onsite Support window, support is remote fault triage, Monday to Friday, 9am to 5pm.

Your Merchant Account

You trade on your own merchant account. You sign in to the equipment with your own account with your chosen provider, such as SumUp, Square, PayPal POS (formerly Zettle) or Shopify. That account is opened in your name and stays under your control before, during and after the hire. If you don't have one yet, tell us what you sell and we'll recommend a provider and prepare the kit around it, but you open and own the account.

We are not a payment provider, payment processor, acquirer, bank or merchant. Payments go from your customer to your account. We never receive or hold your takings.

You are responsible for:

• opening your provider account and passing that provider's identity and eligibility checks, which take time, so start before your first trading day;
• any provider subscription or plan your kit needs, and all transaction fees, which you pay directly to the provider;
• your products, prices, catalogue, staff permissions and receipts;
• refunds, chargebacks and disputes with your customers;
• what you sell, and your compliance with the law and with your provider's terms; and
• power and a usable internet connection at your trading location, unless your quote adds a connectivity service.

Your quote names the account, plan, trading location and connectivity your kit needs. Equipment being compatible with a provider doesn't mean your account is ready to trade.

Where we configure equipment for you, we'll ask you to create a time-limited user with only the permissions needed for the work, where your provider supports that. We don't ask for the account owner's password and we don't keep your credentials. Where a delegated user isn't possible, you sign in yourself and stay with us while we work. Once you have accepted the configuration, remove our access.

Looking After the Equipment

The equipment stays ours throughout. While you have it, you agree to:

• use it only for taking payments and running your sales, and only at the trading location on your quote unless we agree otherwise in writing;
• keep it dry, secure and sheltered, and not leave it unattended in a public place;
• follow the setup guide and any handover instructions we give you;
• not modify the equipment or its software, and not remove or obscure any labels, serial numbers or identification marks;
• not sublet, lend, sell or transfer it to anyone else, and not let anyone outside your business use it;
• tell us straight away if it is lost, stolen or damaged, and report any theft to the police; and
• keep the packaging we supply so the kit can travel back safely.

Damage and Loss

We record serial numbers and condition photographs when a kit leaves us and again when it returns. That record is what we use to work out whether anything is wrong.

Please return the kit in the condition you received it, allowing for fair wear and tear. Fair wear and tear means the marks that come from ordinary careful use. It doesn't cover cracked screens, liquid damage, missing items, or equipment that has been dropped, forced, modified or returned so soiled that it needs specialist cleaning.

If equipment fails on its own during normal use, that's ours to put right and you won't be charged for it. Tell us as soon as it happens so we can help. Software updates during your hire aren't your responsibility.

If equipment is damaged, missing or excessively soiled while it is with you, you are responsible for the actual repair or replacement cost, plus the direct costs we incur recovering or replacing it. If equipment isn't returned, or can't be, we treat it as lost and charge the full replacement cost. We'll show you the condition evidence and the costs behind any charge.

You are responsible for the equipment from the moment it is delivered or handed to you until it is back with us, or until you have handed it to a return courier we arranged, packed in the packaging and with the label we supplied. That includes while somebody from Flow is on site with you. Onsite Support is help while you trade, not us taking custody of the kit. We don't require you to insure hired equipment, but it's worth checking whether your own insurance covers it.

The Refundable Card Hold

Every hire needs a valid card explicitly authorised and saved with our card payment provider before equipment leaves us. On orders with meaningful replacement exposure we also place a refundable hold on that card. A hold is not a payment. It is an authorisation that sets an amount aside without taking it, and it reduces the credit or balance available to you while it is in place. We normally place it shortly before the kit leaves our hands.

At the date of these Legal Terms the standard holds are:

• verified Payment Kit orders up to £1,000 replacement exposure: a card on file, with no monetary hold;
• complete till and other orders up to £3,000 replacement exposure: £150;
• orders above £3,000 replacement exposure: £300, plus a manual review before we accept the order.

We may reduce or waive the hold for established customers, and we may ask for a larger hold, evidence of insurance, or decline an order where the risk is higher. Booking Flow Live does not reduce the hold. The amount that applies to you is shown on your quote as a separate line from the charges.

We release the hold once the equipment is back with us and checked. Depending on your bank, the amount can take a few days after that to show as available again. Where you owe us for late return, damage, loss or recovery, we may take payment from that card rather than release the hold, and we'll tell you what we're charging and why before we do.

A hold is security, not a cap on what you owe, and it's usually well below what the equipment is worth. If what you owe is more than the hold, you owe the difference. Card authorisations expire, so we may need to re-authorise your card during a longer hire, and a saved card failing doesn't cancel what you owe.

Cancellation

Cancelling before we confirm your booking costs you nothing, because there's no contract yet. Tell us you're not going ahead, or let the quote lapse.

After we've confirmed, tell us in writing as soon as you can. Cancel 14 days or more before your hire starts and we refund everything you've paid, less any costs we've already committed on your behalf and can't recover, such as courier bookings or equipment bought for your order. Cancel less than 14 days before and we refund half the hire charges, less those same unrecoverable costs. Once the equipment has been delivered or handed over, the hire has started, nothing is refundable and you need to return the kit as set out below. The booking payment on a Flow Live deployment is non-refundable whenever you cancel.

If we cancel, or we can't supply what you booked, we refund everything you've paid for the part we haven't delivered and release the hold. Events beyond our reasonable control can stop a hire going ahead, and where that happens we'll return as much of your money as we fairly can, but we won't be liable beyond that.

This section governs cancellation of hire bookings and applies in place of section 9 (Policy) for hire. If you are contracting as a consumer rather than for business purposes, nothing here affects your statutory cancellation rights.

Returning the Equipment

Return everything on your quote by the date and method on it: the equipment, every accessory and cable, and the packaging we supplied. Before it comes back, sign out of your merchant account, remove your data and take out anything of yours, such as cash from the drawer and receipt rolls or cables you added. We also sign out the previous customer and remove their data when we prepare a kit for its next hire, but that's a backstop rather than a substitute for you doing it.

For a collection return, book a slot with us. For a courier return, use the packaging and label we provided and keep proof of postage. For a Flow collection, have the kit packed with someone available at the agreed time, since a wasted journey is chargeable. We check the kit against the condition record when it arrives.

Liability for Hire

We are not liable for lost sales, missed transactions or other indirect or consequential losses arising from the hire or use of equipment, including lost profits, lost data and business interruption. Our maximum liability for a hire is limited to the charges you paid us for that hire. Nothing in this section limits liability that can't be limited by law, including liability for death or personal injury caused by our negligence, or for fraud.

9. POLICY

All sales are final and no refund will be issued.

10. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

11. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

12. CONTRIBUTION LICENCE

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

13. MOBILE APPLICATION LICENCE

Use Licence

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.

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.

14. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the App) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

15. 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.

16. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.

17. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

19. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of the United Kingdom. Nexabyte Ltd and yourself irrevocably consent that the courts of the United Kingdom shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

20. DISPUTE RESOLUTION

You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of the United Kingdom courts. Nexabyte Ltd shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the country in which your principal place of business is located.

21. 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.

22. 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.

23. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

25. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

27. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

28. 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: