Last Updated November 2023

Welcome to Duetella LTD.

We operate www.duetella.com (our “Website”) and Duetella our IOS and Android mobile App (our “App”) and both collectively our “Platform”. These terms are the most recent update and are the current and valid version. Duetella, along with associated names, marks, emblems, and images, is legally protected as registered trademarks and copyrighted material of Duetella LTD.

Please take note of the additional terms that govern your use of our Services: Privacy Policy; Cookie Policy; and Terms of Service, if you are using our Services.

GENERAL

  1. By using our Platform you are deemed to accept the following terms and conditions. Our Platform means the whole or any part of our website and App and includes the layout of our Platform; individual elements of our Platform's design; underlying code elements of the Platform; or text, sounds, graphics, animated elements or any other content of our Platform.

  2. As you browse through our Platform you may access other websites that are subject to different terms and conditions. When using these other sites, you will be bound by the terms and conditions posted on those websites.

  3. Duetella may change these terms and conditions at any time without notice. Any amendment will be effective immediately. Your use of our Platform after any amendment constitutes an agreement by you to comply with and be bound by the amended terms and conditions. Accordingly, you should read these terms and conditions from time to time for changes.


USER RIGHTS AND INTELLECTUAL PROPERTY RIGHTS

  1. Our Platform is our copyright property. All rights are reserved.

  2. You are provided with access to it only for your personal and non-commercial use. Other than for these permitted purposes, and for and subject to the conditions prescribed under statutes that apply in your location, you may not, in any form or by any means adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of our Platform without our written permission.

  3. All rights in our Platform and the content on our Platform including copyright, design rights, source codes and any other intellectual property rights in any of the foregoing are reserved to Duetella and/or their content and technology providers.

  4. All trade names, service marks and other product and service names and logos displayed on the website are proprietary to their respective owners and are protected by applicable copyright laws. 

  5. Nothing contained on the website should be construed as granting any licence or right of use of any other person's or entity's intellectual property which is displayed on our Platform without their express permission.

  6. You may not remove, change or obscure the Duetella logo or any notices of proprietary rights on any content of our Platform.


LICENSE GRANT

  1. The APP is available through accessing (or downloading from) a third-party platform or store, including but not limited to, the Google Play Store and Apple App Store (each, an “App Store”). 

  2. Your use of the APP is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s) from which you acquire our APP and these Terms concerning your use of the Services, these Terms will take priority.

  3. So long as you comply with these Terms and, as applicable, the App Store Agreement(s), we grant you the following licence: a personal, non-exclusive, non-transferable, non-sublicensable limited right and licence to (i) download and install the APP on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use the APP, including any Content, for your personal entertainment purposes leveraging only the functionality of the APP and services. We and our licensors reserve all rights not granted to you in these Terms. 

  4. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catchphrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within the APP. Content also includes anything generated, created, or that is otherwise developed within the APP by any user (including you) as a result of interaction with the functionality of the APP. We may, in our sole discretion, remove, edit, or disable any Content for any reason.


APPLE AND GOOGLE DEVICES LICENCE AGREEMENT

  1. The following terms apply when you use our APP obtained from either Apple’s or Google store (each an “App Distributor”) to access our APP: 

    1. The licence granted to you for our APP is limited to a non-transferable Licence to use our APP on a device that utilises the Apple iOS or Google operating systems, as applicable, and by the usage rules outlined in the applicable App Distributor’s terms of service; 

    2. We are responsible for providing any maintenance and support services concerning the APP as specified in the terms and conditions of this Licence 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 concerning the APP. 

    3. you must comply with applicable third-party terms of agreement when using the APP, 

    4. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this Licence, 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 Licence against you as a third-party beneficiary thereof.


DATA CHARGES AND MOBILE DEVICES

You are responsible for all data-related charges that you may incur for using our APP, including, without limitation, mobile, text messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the APP.


TECHNICAL REQUIREMENTS

  1. We attempt to keep our APP updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted the right to claim such an update.

  2. You acknowledge that it is your responsibility to confirm and determine that the APP end-user device on which you intend to use our APP satisfies the technical specifications required.

  3. We reserve the right to modify the technical specifications as we see appropriate at any time.


LINKS

  1. Our Platform may contain links to other websites solely for your convenience and may not remain current or be maintained. Duetella does not endorse, recommend or approve of any information, products or services referred to on such linked sites and assumes no responsibility for the contents of any other website to which our Platform offers links.

  2. You may not link the homepage or any other parts of our Platform without prior written consent from Duetella.

  3. Your use of any link to a linked website is entirely at your own risk.

  4. Unless stated otherwise on our Platform, Duetella has:

  5. no relationship with the owners or operators of those linked websites; and

  6. no control over or rights in those linked websites.


PRIVACY 

  1. These terms and conditions incorporate and should be read together with the Duetella Privacy Policy. Duetella will use only the personal data which you submit to us via the website and App following our Privacy Policies.

  2. Our Cookie Policy describes how our website may collect, store and use cookies.


PROHIBITED USES

  1. You may use our Platform only for lawful purposes. You may not use our Platform:

    1. in any way that breaches any applicable local or international laws or regulations;

    2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

    3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and

    4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

  2. You also agree:

    1. not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and

    2. not to access without authority, interfere with, damage or disrupt:

    3. any part of our Platform;

    4. any equipment or network on which our Platform is stored; 

    5. any software used in the provision of our Platform; or 

    6. any equipment network or software owned or used by any third party.


LIMITATION OF LIABILITY

  1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any related content. You expressly agree that your use of our Platform is at your sole risk. 

  2. You agree not to use the Services, our Platform and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms and conditions (including but not limited to the use of, or inability to use, the Services, Our Platform or any other website or software) for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill or reputation; or any other indirect or consequential loss or damage.

  3. Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury resulting from our negligence; fraud; and/or any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

  4. These terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

OTHER IMPORTANT TERMS

  1. We may transfer our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights or obligations under these terms and conditions. 

  2. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.

  3. No joint venture, partnership agency or employment relationship has arisen because of these terms and conditions.

  4. These Terms and any document expressly referred to in it constitute the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions or any document expressly referred to in it.

  5. If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

  6. Each of the conditions of these terms and conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 

  7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith are governed by the laws of England and Wales. In the event of any such disputes or claims in connection with these terms and conditions, you agree to first engage in good faith discussions with us to resolve such disputes or claims. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. 

Duetella