1. About these terms
These terms are the agreement between you and Virtual Gems LTD (“we”, “us”, “our”) for using our mobile apps. By creating an account or using an app, you agree to them. If you do not agree, please do not use our apps.
We are a company registered in England and Wales, company number 17570097. Our registered office is [Registered office address]. You can contact us at admin@virtualgems.co.uk.
These terms apply to every app we publish. An app may also have extra terms of its own, shown in that app. If an app’s terms differ from these, the app’s terms apply to that app.
Our Privacy Policy explains how we use your personal information.
2. Who can use our apps
You must be at least [13] years old to use our apps. If you are under 18, you need a parent or guardian’s permission, and they must agree to these terms for you.
Some features need an account. When you create one:
- give accurate information and keep it up to date;
- keep your password secret and tell us straight away if you think someone else has used your account;
- do not share your account or let anyone else use it.
You are responsible for what happens under your account, unless it was used without your permission and you were not careless with your sign-in details.
3. Using our apps
We give you a personal, non-transferable, non-exclusive licence to download and use our apps on devices you own or control, for your own non-commercial use. We license the apps to you; we do not sell them. We and our licensors own the apps, including their software, design, text, images and trade marks.
You must not:
- copy, sell, rent, sub-license or share an app with anyone else, except as the app store’s rules allow;
- reverse engineer, decompile or modify an app, except where the law gives you a right to;
- use an app for anything unlawful, harmful or fraudulent;
- harass, abuse or impersonate other people;
- upload viruses, or try to break, overload or get around the security of an app or our systems;
- collect data from an app by automated means such as bots or scrapers;
- use an app to build a competing product.
You also need to follow any third-party terms that apply when you use an app, such as your mobile network’s terms.
4. Your content
You own the content you add to our apps, such as photos, text and the entries you log.
You give us permission to store, copy, display and process your content so that we can run the apps for you. This permission is worldwide, free of charge and lasts until you delete the content or your account. If an app lets you share content with other users, you also allow us to show it to the people you share it with.
You are responsible for your content. Only add content that you have the right to use and that:
- is lawful, and is not abusive, hateful, sexually explicit or violent;
- does not include other people’s personal information or images without their permission;
- does not infringe anyone else’s rights, including copyright.
We may remove content that breaks these terms. To report content or a copyright concern, email admin@virtualgems.co.uk.
If you send us feedback or ideas, we may use them freely without paying you.
5. Purchases and subscriptions
Some apps offer one-off purchases and subscriptions. You buy these through the Apple App Store or Google Play, using your store account. The store takes the payment, and its payment terms apply as well as these terms.
Prices
The price is shown in the app before you buy and includes VAT where it applies. If we change the price of a subscription, we will tell you in advance, and you can cancel before the new price takes effect.
Subscriptions
- A subscription renews automatically at the end of each billing period, at the price then in force, until you cancel.
- The app shows the length and price of each subscription before you buy.
- You can cancel at any time in your App Store or Google Play account settings. Cancel at least 24 hours before the renewal date to avoid the next charge.
- When you cancel, you keep access until the end of the period you have paid for.
- Deleting an app or your account does not cancel a subscription.
Free trials
If an app offers a free trial, it becomes a paid subscription when the trial ends unless you cancel before then. The app shows the trial length and the price that follows before you start.
Changing your mind and refunds
If you are a consumer in the UK or the EU, you usually have a legal right to change your mind within 14 days of a purchase. Because the stores take payment, refund requests go to Apple or Google, under their refund policies.
Nothing in these terms affects your legal rights.
One-off purchases
Items you buy inside an app are for use in that app only. They are linked to your account, cannot be transferred and cannot be exchanged for money.
6. Health and safety
Some of our apps include fitness, exercise or wellbeing content. This content is general information, not medical advice, and it is not tailored to your health.
- Speak to a doctor before starting a new exercise programme, especially if you are pregnant, injured or have a health condition.
- Stop straight away and get medical help if you feel pain, dizziness or shortness of breath.
- Exercise within your own limits, and use equipment as its manufacturer instructs.
You are responsible for deciding whether an activity is safe for you.
7. Changes to our apps
We update our apps to fix problems, improve them, add or remove features, and meet legal or security needs. You may need to install an update to keep using an app.
We work to keep our apps available, but we cannot promise they will always be available or free of faults. They may be unavailable during maintenance or because of problems outside our control.
If a change significantly reduces what you have paid for, we will tell you in advance. You can then cancel and receive a refund for any period you have paid for but not used.
If we decide to withdraw an app, we will give you at least [30 days] notice where we can, and refund any period you have paid for but will not receive.
8. Ending or suspending your access
You can stop using our apps at any time and delete your account in the app. Remember to cancel any subscription in your app store first.
We may suspend or close your account if:
- you seriously or repeatedly break these terms;
- the law or a regulator requires us to; or
- your account creates a security risk for us or other users.
We will tell you why and, where the problem can be fixed, give you a chance to fix it first. If we close your account for a reason other than your breaking these terms, we will refund any period you have paid for but cannot use.
When your account is closed, your licence to use the apps ends and we delete your content as our Privacy Policy describes.
9. Our responsibility to you
Your legal rights
If you are a consumer in the UK, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If an app is faulty, you are entitled to a repair or replacement. If the fault cannot be fixed in a reasonable time, you can get some or all of your money back.
If an app damages your device or other digital content because we did not use reasonable care and skill, we will repair the damage or pay you compensation.
What we are responsible for
We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. Loss is foreseeable if it was obvious it would happen, or if we both knew it might happen when you accepted these terms.
We do not exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud, and for breach of your legal rights as a consumer.
What we are not responsible for
- Business losses. Our apps are for personal use. We are not liable for loss of profit, loss of business or business interruption.
- Loss you could have avoided, for example by installing a free update we offered or following the instructions in the app.
- Events outside our reasonable control, such as failures of the internet, your device, your mobile network or the app stores.
- Loss of content you did not back up. Please keep your own copies of anything important.
10. App store terms
Your app store’s own terms also apply to how you download and pay for our apps.
Apple App Store
If you downloaded an app from the Apple App Store, you also agree that:
- these terms are between you and us, not Apple. We, not Apple, are responsible for the app and its content;
- your licence covers use on Apple devices that you own or control, as the App Store’s usage rules allow, including Family Sharing;
- Apple has no obligation to provide maintenance or support for the app;
- if the app does not meet a warranty that applies to it, you may tell Apple and Apple will refund the purchase price. As far as the law allows, Apple has no other warranty obligation for the app;
- we, not Apple, are responsible for dealing with any claims about the app. This includes product liability claims, claims that the app does not meet a legal or regulatory requirement, consumer protection and privacy claims, and claims that the app infringes someone’s intellectual property rights;
- you are not in a country under a US Government embargo or designated by the US Government as a “terrorist supporting” country, and you are not on any US Government list of prohibited or restricted parties;
- Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
Google Play
If you downloaded an app from Google Play, the Google Play Terms of Service apply to your use of the store. Google is not a party to these terms and is not responsible for our apps.
11. Other important terms
- Changes to these terms. We may update these terms when our apps or the law change. We will tell you in the app or by email before a significant change takes effect. If you do not accept a change, you can stop using the apps and cancel any subscription.
- Transferring this agreement. We may transfer our rights and duties under these terms to another organisation. We will tell you if we do, and your rights will not be affected. You may not transfer yours to anyone else.
- If part of these terms is invalid. If a court finds part of these terms unlawful, the rest still applies.
- Delay in enforcing. If we do not enforce these terms straight away, we can still do so later.
- Other people’s rights. Apart from Apple under section 10, nobody else has rights under these terms.
- Governing law. English law applies to these terms. You can bring a claim in the courts of England and Wales. If you live in Scotland, Northern Ireland or another country, you can also bring a claim in your local courts, and you keep any consumer protections your local law says cannot be removed.
12. Contact and complaints
If you have a question, a problem with an app or a complaint, contact us and we will try to put it right:
- Email: admin@virtualgems.co.uk
- Post: Virtual Gems LTD, [Registered office address]
- Phone: [phone number]
We aim to reply within [5 working days].