END USER LICENCE AGREEMENT

Agreement

This End User Licence Agreement (the EULA) is entered between Workx UK Ltd (we, our or us) and the individual or entity (you) who downloads, instals, accesses, or otherwise uses the NFT Workx Web3 mobile application (the App).

This EULA:

1) set out the terms of use in which we allow and licence you to use the App;

2) may be updated by us at any time and shall be binding on you and your continued use of the App upon providing written notice (which may be by way of in-app pop-up, email or any other form of notice we deem as appropriate); and

3) should be read in conjunction with any other agreements or terms & conditions that govern usage of the App and which may be enforced by us in accordance with applicable laws.
If you are unsure or unclear about any part or component of this EULA, do not use the App. You should read and understand the terms contained within this EULA before using or accessing the App and seek independent legal advice in need.

Who we are and how to contact us

We are the legal and beneficial owner of the App and will be the entity providing you with the licence to use the App. Our details and how you may contact us are provided as follows:

Entity Name: Workx UK Ltd
Registration Number: 15397051 (England & Wales)
Registered Address: 20 Wenlock Road, N1 7GU, London, England
Contact Details: [email protected]

Licence

Subject to your continued adherence to this EULA, we grant you a limited personal, revocable, non-transferrable, and non-exclusive licence (without the ability to sub-license) to use:

  • the App software, including any data which is made available to you through your usage of the App (including the data supplied with the software) and any updates or supplements to it;
  • any related documentation intended for you to use in conjunction with the App (Documentation); and
  • the service you connect to or receive via the App and the content we, or our licensors, provide to you through it (Service),

each only as strictly permitted in this EULA (the Licence).

Your Privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in the Workx Group Privacy Notice (Privacy Notice). The Privacy Notice is available [here] and we’d encourage you to read and understand it before using the App or providing us with any personal data.

The Apple Store and Google Play Store’s terms also apply

The ways in which you can use the App and Documentation may also be controlled by the Apple Store (in the case of iOS devices) and Google Play Store (in the case of Android) and the relevant rules and policies of each. You may view the Apple Store’s rules and policies here: https://www.apple.com/legal/ and Google Play Store’s rules and policies here: https://play.google.com/about/play-terms/.

Except in relation to the way we handle, store and use your personal data provided through the App, the rules and policies of the Apple Store and/or Google Play Store (as the case may be) shall apply in the event of any differences, inconsistencies or discrepancies with this EULA and the rules and policies of the Apple Store and Google Play Store.

Operating System Requirements

This App requires a smartphone or tablet device running iOS or Android operating systems along with an active internet connection. If our operating system requirements change at any time, we will update this EULA accordingly.

Support and how to contact us

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at nftworkx.com

Contacting us (including with complaints). If you think the App or the Services are faulty or mis-described or wish to contact us for any other reason please email us on the details provided above.

How we will communicate with you. If we have to contact you we will do so by email or in-app notification (if appropriate) using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

The personal Licence we are granting you to use the App allows you to:

  • download a copy of the App onto your smartphone or table device and view, use and display the App and content made available to you through the App for your personal use;

  • receive the Services made available to you through the App subject to your agreement to any additional terms which may be applicable and otherwise made available to you through you receiving the Service

  • use any Documentation to support your permitted use of the App and the Service.

  • receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

You must be 18 to accept this EULA and buy the App

You must be 18 or over to accept this EULA and buy the App.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above. Given the personal licence we are granting in the App, if you sell any device on which the App is installed, you must remove the App from it.

Changes to this EULA

We may need to change this EULA to reflect changes in law or best practice or to deal with additional features which we introduce to the App.

We will give you prior written of any change(s) we may make to this EULA through an appropriate medium (to be determined in our sole discretion) such as notifying you of a change when you next start the App (Update Notice).

If you continue using the App following an Update Notice and we can reasonably determine that you were provided with an opportunity to read the Update Notice prior to your continued use of the App, you will be deemed to have accepted the Update Notice and updated EULA.

If you do not accept changes as provided in the Update Notice will not be permitted to continue to use the App or receive the Service.

Updates to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App or receiving the Services.

How this contract can be transferred
We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.
Which country’s laws apply to any disputes?
If you are a consumer, please note that the terms of this Policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, the terms of this Policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

If someone else owns the phone or device you are using

If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with this EULA, irrespective of whether you own the phone or other device.

We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy statements (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in this EULA;

  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

    • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    • is not used to create any software that is substantially similar in its expression to the App;
    • is kept secure; and
    • is used only for the Permitted Objective;
    • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

    Acceptable use restrictions

    You must: 

    • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the terms of this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

    • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by this EULA);

    • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

    • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

     

    • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

    Intellectual property rights

    All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them and other than is explicitly stated in the Privacy Notice. 

    Our responsibility for loss or damage suffered by you

    We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this EULA, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this EULA or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted this EULA, both we and you knew it might happen.

    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

    When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

    We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

    Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

    Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.

    We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

    We may end your rights to use the App and the Services if you break this EULA

    We may end your rights to use the App and Services at any time if you have breached this EULA. If what you have done can be put right we will give you a reasonable opportunity to do so.

    If we end your rights to use the App and Services:

    • You must stop all activities authorised by this EULA, including your use of the App and any Services.
    • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

    We may transfer this agreement to someone else

    We may transfer our rights and obligations under this EULA to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

    You need our consent to transfer your rights to someone else

    You may only transfer your rights or your obligations under this EULA to another person if we agree in writing.

    No rights for third parties

    This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

    If a court finds part of this contract illegal, the rest will continue in force

    Each of the paragraphs of this EULA operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    Even if we delay in enforcing this contract, we can still enforce it later

    Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

    Which laws apply to this contract and where you may bring legal proceedings

    These EULA are governed by English law and you can bring legal proceedings in respect of the products in the civil courts of London or any other such jurisdiction which we may agree with you.

    Alternative dispute resolution

    Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use by contacting us on the details provided above.

    Last updated 1 March 2024