We are Fyld Limited (referred to as "Fyld", "we", "us" and "our"). We provide and operate the Fyld app ("App") and app dashboard at https://www.sitestream.app/ ("Site") (together our "Platform"). We have entered into agreement with your company to provide certain services to them, which include access and use of the Platform by you. These are the terms and conditions of use for our Platform ("Terms"). We are a limited company, registered in England. Our registered company number is 12481168, and our registered office is at 5 New Street Square, London, EC4A 3TW. Our VAT registration number is 346104720.
Use of your personal information submitted to or via the Platform is governed by our Privacy Policy.
You may be an employee, contractor, worker, or other staff member of a company which is a client of Fyld ("Company") (or of a contractor to the Company) who has been given access to the Platform. Your Company decides which of the individuals working for them or on their behalf should or should not get access to the Platform. We have no responsibility for this and should you have any questions about this please raise them directly with your Company.
Your use of the Platform will be subject to these Terms, and by downloading and/or using the Platform you agree to be bound by them. Do not use the Platform if you do not agree to all of these Terms.
We reserve the right to change these Terms from time to time by changing them on the Platform. We may notify you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the Platform. These Terms were last updated on 04 August 2020.
The Platform is intended for use only by persons who are at least 18 years of age. By using the Platform, you confirm to us that you meet this requirement.
You may only download, access and use the Platform on a device owned or controlled by you or your Company. If you download and use the Platform on a device which you control but do not own (e.g. a company phone), we assume you have permission from the device owner to do so. You are responsible, under these Terms, for any access and use of the Platform on the device (whether or not it is owned by you).
Please ensure your device (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to download and use the Platform, and is compatible with the Platform.
You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the Platform may charge for internet access (including mobile data usage) on that device.
We may, from time to time, restrict use or download of the Platform or access to certain features, functions or content of the Platform, or the entire Platform, as Company may from time to time request or we in our absolute discretion may decide.
You must ensure that any registration details you provide are accurate. If you are provided with a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us and the Company immediately of any unauthorised use or other security breach of which you
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become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion or the opnion of the Company you have failed to comply with any of the provisions of these Terms and conditions or if any details you or your Company provide for the purposes of registering as a user prove to be false.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Platform or that the Platform will respond at a certain speed (since this depends on a number of factors outside our control). There may be times when certain features, parts or content of the Platform, or the entire Platform, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.
You may only use the Platform in connection with any work which you undertake for the Company, and only for lawful reasons (complying with all applicable laws and regulations), and in a responsible manner. You may only use the Platform in accordance with:
any instructions from the Company;
these Terms; and
any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, the Platform.
You must comply with all of these Terms. So long as you comply, you may retrieve and display content from the Platform on a computer or mobile device, and store the Platform in electronic form incidentally in the normal course of use of your browser or mobile device.
Additional terms may also apply to certain features, parts or content of the Platform and, where they apply, will be displayed on-screen or accessible via a link.
Except to the extent expressly set out in these Terms, you are not allowed to:
republish, redistribute or re-transmit the Platform;
copy or store the Platform other than for your use as permitted by these Terms and as may occur incidentally in the normal course of use of your browser or mobile device;
'scrape' content or store content of the Platform on a server or other storage device connected to a network or create a database by systematically downloading and storing any content of the Platform;
remove or change any content of the Platform (other than User Content), or attempt to circumvent security or interfere with the proper working of the Platform or any server on which it is hosted;
create links to the Platform from any other website, without our prior written consent;
use the Platform for any other purpose than in connection with your employment or work being undertaken on behalf of the Company;
use the Platform in a way that might damage our or the Company's name or reputation or that of any of our or the Company's affiliates; or
otherwise do anything that it is not expressly permitted by these Terms.
All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them.
You acknowledge that we may inform the Company in the event that you are in breach of any of, or any part of, these Terms.
We are required by certain third party platform providers, with whose devices and/or operating systems the App has been designed to be compatible, to include specific additional provisions in these Terms. These are set out at the end of these Terms under Additional third party terms. These provisions come from the relevant third party platform providers, not from us.
Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.
We license, but do not sell, to you the App you download. We remain the owner of the Platform (including the App) at all times.
All intellectual property rights in the Platform and in any content of the Platform (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), other than User Content, are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using the Platform or any content from Platform.
If you print off, copy or store pages from the Platform (only as permitted by these Terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
We may change the format and content of the Platform from time to time. You agree that your use of the Platform is on an 'as is' and 'as available' basis and at your sole risk.
We reserve the right to change the format and features of the Platform by making the updated Platform available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download the updated Platform, but we may cease to provide and/or update content to prior versions of the Platform and, depending on the nature of the update, in some circumstances you may not be able to continue using the Platform until you have downloaded the updated version. We reserve the right to cease to provide and/or update content to the Platform, with or without notice to you, if we need to do so for security, legal or any other reasons.
Whilst we try to make sure that all information contained on the Platform (other than any User Content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except as set out in these Terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose
or originality of any content of the Platform and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Platform or relying on any of its content.
We cannot and do not guarantee that any content of the Platform will be free from viruses and/or other code that may have contaminating or destructive elements. It is your / the Company's responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content. If you have any questions or concerns about this please discuss with the Company.
Through the Platform you may, from time to time, submit user-generated content (including video, audio and text) ("User Content") and may also communicate that content to the Company, your employer (if different from the Company) and other third parties (collectively "User Content Areas"). We do not control User Content, nor are User Content Areas actively moderated. You are solely responsible for User Content which you submit, and acknowledge that all User Content expresses the views of its respective authors, and not our views.
If you submit any User Content, you must keep it relevant to the purpose of the User Content Area to which you submit it and the nature of any topic.
User Content must not:
contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable ("Prohibited Content");
impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam); or
transmit or distribute any virus and/or other code that has contaminating or destructive elements.
You agree that, by submitting any User Content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Content.
While we do not pre-screen User Content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you and/or to close any discussion topic, at any time without notice to you.
Complaints about the content of any User Content must be sent to hello@fyld.ai and must contain details of the specific User Content giving rise to the complaint.
Nothing in these Terms shall limit or exclude our liability to you:
for death or personal injury caused by our negligence;
for fraudulent misrepresentation; or
for any other liability that, by law, may not be limited or excluded.
Subject to the above paragraph, as you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
These Terms shall be governed by English law. You agree that any dispute between you and us regarding these Terms or the Platform will only be dealt with by the English courts.
Please submit any questions you have about these Terms or any problems concerning the Platform to the Company.
If the App that you download, access and/or use is downloaded from the App Store operated by Apple Inc. ("Apple"):
your licence to use the App is limited to a non-transferable licence to use the App on an Apple-branded device owned or controlled by you and as permitted by Apple’s usage rules published in its App Store terms of service, except that the App may be accessed, acquired and used by other accounts associated with you via Family Sharing or volume purchasing;
you acknowledge and agree that:
Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Apple, using the Contacting us details in these terms;
we, not Apple, are responsible for responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation;
in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you;
to the maximum extent permitted by applicable law, Apple will have no other warranty obligations whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any warranty will be our sole responsibility and we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed;
in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights,
Apple will not be responsible or liable to you in relation to that claim; and
although these terms are entered into between you and us (and not Apple), Apple and its subsidiaries are third party beneficiaries of these terms and, upon your acceptance of these terms, Apple Inc. (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof;
you represent and warrant that:
you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and
you are not listed on any United States Government list of prohibited or restricted parties; and
you must comply with any applicable third party terms of agreement when using the App, such as your mobile phone provider's data usage agreement.
If the App that you download, access and/or use is downloaded from Google Play:
You are allowed unlimited reinstalls of the App without any additional fee, provided that if the App is removed from Google Pay due to (a) an allegation of infringement, or actual infringement, of any third party Intellectual Property Right; (b) an allegation of, or actual violation of, third party rights; or (c) an allegation or determination that such Product does not comply with applicable law (collectively "Legal Takedowns") then the App will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the App.
You may also be able to claim a refund from Google for purchases made in the App if you qualify under the Google Play refund policy at https://support.google.com/googleplay/answer/2479637?p=play_refund.
We grant to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the App. The "User" means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group.