Terms & Conditions

PROMUS Terms & Conditions

Last updated March 2022

Simple Works (L&P) Limited (“we” or “our” or “Simple Works”) provides Services through our App (PROMUS) (“App”) available on mobile devices (individually or collectively, our website and our Apps are referred to herein as the “Services”).

Please read the following Terms and Conditions (“Terms and Conditions”) carefully. These Terms and Conditions govern your access to and use of the Services and set forth the legally binding terms for your use of the Services, whether or not you have registered a Registered Account (defined below).

You acknowledge and agree that by accessing or using the Services or by downloading or posting any content through the Services, you are indicating that you have read, understand and agree to be bound by these Terms and Conditions, whether or not you possess a registered account, and agree to our privacy policy as described below. If you do not agree to these Terms and Conditions, then you have no right to access or use the Services.

1 Modification

We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services, including any portion thereof, or to modify these Terms and Conditions, at any time and without prior notice. If we modify these Terms and Conditions, we will update the “Last Updated Date” above and post the modification on our website. By continuing to access or use the Services after we have posted a modification to these Terms and Conditions or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using the Services.

2 Eligibility and Account Registration

The Services available through our App may be available to you on only a limited basis. In order to access certain features of the Services and to post any User Content (defined below) through the Services on a fully functional basis, you must register to create an account (“Registered Account”) and become a “Registered User”.

Parents must register their children, if as Registered Users they are under the age of 18.

During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Registered Account, whether or not you have authorized such activities or actions. You agree to immediately notify us of any unauthorized use of your Registered Account. We are not liable for any damages or losses caused by someone using your account without your permission, unless this is the result of our negligence. Post registration, if you need to reset your password you must click on the ‘Forgot Password’ link on the ‘Login Page’ of the App.

If you need to update your details on the Registered Account or if you need to delete your Registered Account you must go to the ‘User Profile Page’ (which can be accessed from the Account Settings page). The first name, last name and user type can be updated, but the email address and username on the Registered Account cannot be updated. If you need to log out of the app, you can click on the 'Log Out' link in the options menu of the Account Settings Page of the App.

3 Termination of Registered Account

Without limiting other remedies, we may at any time suspend or terminate your Registered Account and refuse to provide access to the Services. In addition, we may notify authorities or take any actions deemed appropriate, without notice to you, if we suspect or determine, in our own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms and Conditions or any policies or rules established by us; or (ii) engaged in actions relating to or in the course of using the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, our Registered Users, us or any other third parties or the Services.

You may terminate your Registered Account at any time and for any reason by deleting the Registered Account from within the App. If you are unable to delete your Registered Account from within the App, you may terminate your Registered Account at any time and for any reason by sending email to hello@promusapp.co.uk. Upon any termination by a Registered User, the related account may no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the Services and all licenses and other rights granted to you by these Terms and Conditions will immediately cease. We will not be liable to you or any third party for termination of the Services or termination of your use of either. Upon any termination or suspension, any content, materials or information (including User Content) that you have submitted through the Services or which is related to your account may no longer be accessed by you and may be deleted by us in its entirety. Furthermore, we will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to us under these Terms and Conditions (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Termination of a Registered Account does not terminate your subscription which you must do separately through the Google Play Store. Please refer to the “Trial Period and Subscriptions” section of the current document for more details.

4 App Registered Users and Roles

Within the App, you must nominate an admin Registered User for the household. A “Household” means persons living together in the same accommodation. Any Registered User who creates the Household in the App will automatically become the admin Registered User but may elect to make another Registered User admin at any point, if they decide to delete their Registered Account. Adults and children may use the Services. Parents shall be responsible for their children’s use and supervision of the Service. For safety, certain features within the App are restricted to adults only. For example, a child cannot create a Household.

5 Accessibility and Devices

In order to use the App and the Services, you must first download it and install in onto a compatible device, such as a tablet or phone. You may install the App on multiple devices and log in with the same credentials.

6 Trial period and Subscriptions

To use the App and the Services, you must register for an account as described above. Through the App, you can create a Household whereby each member of your household links up to the app to access the Services. All new Registered Users will be entitled to a thirty (30) day free trial period (“Trial Period”). Your trial will automatically expire at the end of the Trial Period. If you terminate your Registered Account before the end of the Trial Period, you will not be entitled to restart the Trial Period at any point and you will be required to purchase a subscription if you wish to use the Services at any point in the future. If you decide to buy a subscription during the Trial Period, you will not be able to restart the Trial Period at any point.

After the Trial Period, in order to continue using the Services, you must purchase a subscription and pay the subscription fees (“Subscription Fees”), details of which can be found in the ‘Manage Subscription’ page (which can be accessed from the Account Settings page), in the subscriptions page of the Play Store or in our website (https://promusapp.co.uk/about-promus). The subscription will be linked to your Google Account on Play Store which means you will be entitled to access the App on different devices, using the same Google Account and different App credentials.

You can cancel your subscription at any point through the ‘Subscription’ page (which can be accessed from the Account Settings page) or via the subscriptions page of the Play Store. You can restore a cancelled subscription at any point prior to expiration through the ‘Subscription’ page (which can be accessed from the Account Settings page) or via the subscriptions page of the Play Store.

In case of payment issues, we permit a three (3) day ‘grace period’, which means the users are given three (3) days to resolve any payment issues while keeping their subscription active.

If you decide to cancel your subscription before the end of the billing cycle, we will not issue a refund for the remaining days on your subscription. You may not pause your subscription.

7 Permitted actions and functionality

Only the admin Register User will be able to update and delete their own Household account. The admin Registered User will be able to invite other members of the Household.

Within the App you can create and share data with Household Registered Users including creating calendar entries (birthdays, meals, tasks, activities), tasks and shopping lists.

Any Registered User in the Household can create calendar entries, tasks, and shopping lists. Only the Household admin Registered User and the Registered User who created the entry may update and delete entries within the App. The deletion of the Household deletes all its data contained and held for that particular Household. The individual Registered User accounts will remain active and automatically become individual Registered User accounts.

8 Alerts and Notifications

Calendar entries can trigger alerts (if the Registered User has selected an alert type). Tasks’ notifications can be sent to a Registered User if the admin assigns a task to a him or her, or when a Registered User's assigned task gets updated or deleted. There is the option to opt out of these notifications.

9 Database records kept without the Registered User's explicit consent

We maintain a product glossary for every Household with the shopping list products that the Registered Users have entered so that they can be reused in future lists. This is done automatically as the Registered Users add new items in their lists.

We retain details of deleted Registered Accounts for the sole purpose of discovering whether a Registered User has registered for an account in the past. Details are not kept longer than necessary and in any event are deleted after six (6) years.

10 Rights and Access to Content

Certain types of content are made available through the Services. “Simple Works Content” means, collectively, text, data, graphics, images, illustrations, forms and look and feel attributes, our trademarks and logos and other content made available through the Services, including any technology or code making up the Services, excluding user content. “User Content” means any content uploaded, transmitted or submitted by you and Registered Users via the Services. You retain full ownership to User Content that you have uploaded, transmitted and submitted. We do not claim any ownership to any of it. However, you hereby grant to us and other Registered Users of the Service that have been provided access to your User Content a limited, non-exclusive, non-transferable (except in our case and only to a successor) license, to access, use, view, download and print, where applicable, the User Content.

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms and Conditions. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms and Conditions; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We are not responsible for the accuracy, completeness, appropriateness, or legality of files or any other information you may be able to access using the Services. We are not responsible for the conduct, the content of the files and folders, and the communications of others while using the Services. You are responsible for maintaining and protecting all of your User Content. We will not be liable for any loss or corruption of User Content, or for any costs or expenses associated with backing up or restoring any User Content.

11 Privacy

See our Privacy Policy at https://promusapp.co.uk/privacy-policy for information and notices concerning our collection and use of your personal information. If you have any questions about our Privacy Policy, please contact us at hello@promusapp.co.uk. By accessing the Services, you are agreeing to the terms of our Privacy Policy.

12 Ownership

The Services and Simple Works Content are protected by copyright, trademark, and other laws of the United Kingdom. Except as expressly provided in these Terms and Conditions, we and our licensors exclusively own all right, title and interest in and to the Services and Simple Works Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Simple Works Content.

13 License

Subject to your compliance with the terms and conditions of these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable license (without the right to sublicense) to access, use, view, download and print, where applicable, the Services and any Simple Works Content solely for your own purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Simple Works Content, except as expressly permitted in these Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms and Conditions.

14 Third Party Software

Portions of the household calendar features of the App were licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License here. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

15 Comments and Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at hello@promusapp.co.uk. You acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

16 Acceptable Use Policy

The Services are for the personal use of members. You agree not to use the Services to:

· Upload, post, send email to, or otherwise transmit any public content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses, and URLs), or any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

· Harm minors in any way;

· Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

· Upload, post, send email to, or otherwise transmit content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

· Upload, post, send email to, or otherwise transmit content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;

· Upload, post, send email to, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, links, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;

· Upload, post, send email to, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

· Interfere with or disrupt the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

· Intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other Registered Users;

· Use any automated means to access the Site or the Services or collect any information from the Services (including, without limitation, robots, spiders, or scripts); or

· Frame the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of Registered Users or other information.

· Associate yourself with more than one Household at a time.

· Share data and entries in the App between households.

17 Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or Services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or Services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

18 Disclaimers

The Services and Simple Works Content are provided “as is”, without warranty of any kind, either express or implied. without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.

We make no warranty that the Services, Simple Works Content or User Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any products, Services or content purchased or obtained through the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Services.

It is your sole responsibility to determine whether the Services will satisfy applicable legal or regulatory requirements that may apply to your use of the Services.

19 Indemnity

You agree to defend, indemnify, and hold us, our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content that is submitted to us, your access to or use of the Services or Simple Works Content, or your violation of these Terms and Conditions.

20 Limitation of Liability

Except as expressly and specifically provided in these Terms and Conditions, you assume sole responsibility for results obtained from the use of the Services by you, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Service, or any actions taken by us at your direction, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms and Conditions.

We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms and Conditions.

Our maximum aggregate liability under or in connection with these Terms and Conditions (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £100. This does not apply to the types of loss set out in condition set out in the paragraph below.

Nothing in these Terms and Conditions shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; and

21 General

Force Majeure. Simple Works shall have no liability to you under these Terms and Conditions if it is prevented from or delayed in performing its obligations under these Terms and Conditions, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Simple Works or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, pandemic, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Simple Works or sub-contractors, provided that you are notified of such an event and its expected duration.

Waiver. No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Rights and Remedies. Except as expressly provided in these Terms and Conditions, the rights and remedies provided under these Terms and Conditions are in addition to, and not exclusive of, any rights or remedies provided by law.

Severance. If any provision (or part of a provision) of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Entire agreement. These Terms and Conditions constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Assignment. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions.

No Partnership or Agency. Nothing in these Terms and Conditions is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

Third Party Rights. These Terms and Conditions do not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

Notices. Any notice required to be given under these Terms and Conditions shall be in writing and shall be sent by email to the other party’s email supplied for the purpose.

A notice sent by email shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender).

Governing Law. These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims).

22 Contacting Us

If you have any questions about these Terms and Conditions, please contact us at hello@promusapp.co.uk.

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