Thank you for choosing Anabode, the landlord app designed to make property management easy. Whether you are a landlord, tenant, or a property professional, we hope that you find our services useful. If you have any questions, suggestions, or feedback, please do not hesitate to contact us by emailing email@example.com.
This licence agreement (Licence) is a legal agreement between you (“Licensee” or “You”) and Anabode Limited (Company No 09914949) of Elizabeth House, Waterloo, London SE1 7NQ (“Anabode”, “Licensor”, “us” or “we”) for the use of:
Anabode software and the data supplied with the software (“App”); and any printed materials or electronic documents associated with the app (“Documents”).
We licence use of the App and Documents to you on the basis of this Licence and subject to any rules or policies (“Appstore Rules”) applied by any app store provider or operator from whose site (“Appstore”) You downloaded the App. We do not sell the App or Documents to You. We remain the owners of the App and Documents at all times.
Operating system requirements: This App requires a suitable mobile telephone or suitable handheld device with a sufficient memory, Internet access and the appropriate operating system.
If you do not agree to the terms of this Licence, we will not license the App and Documents to you and you should delete the app now.
As a consumer, you have the right to withdraw from your transaction without charge and without any reason within 14 days from the date that you download the App.
This does not affect your consumer rights for an app or documents that are defective.
You should print a copy of this Licence for future reference.
1.1. We are Anabode Limited (Company No 09201246) of Elizabeth House, Waterloo, London SE1 7NQ.
1.2. If you need to contact us, you can contact us by email at firstname.lastname@example.org, or by post at Customer Services, Anabode Limited, Elizabeth House, Waterloo, London SE1 7NQ.
1.3. In the unlikely event that you have a complaint about the App, please contact us using one of the methods referred to in paragraph 1.2 above.
2.1. The terms of this Licence apply to the App or any of the services accessible through the App, the Anabode website, or any other directly associated platform (“Services”), including any updates or supplements to the App or any Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Services, the terms of an open-source licence may override some of the terms of this Licence.
2.2. We may change these terms at any time by notifying you of a change when you next start the App or log onto our website at www.anabode.co. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
2.3. From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
2.4. You will be assumed to have obtained permission from the owners of the mobile telephone, computer or handheld devices (“Devices”) that are controlled, but not owned, by you to download or stream a copy of the App onto the Devices as described in condition 3.2.1. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this Licence for the use of the App or any Services on or in relation to any Device, whether or not it is owned by you.
2.6. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
2.7. Certain Services, will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings.
2.8. The App or any Services may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2.9. Any words following the terms “including”, “include”, “in particular”, or “for example”, or any similar phrase shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
3.Grant and Scope of Licence
3.2. You may:
3.2.1. download or stream a copy of the App onto your Devices and view, use and display the App on the Devices for your personal purposes only; and
3.2.2. use the Documents for your personal purposes only.
4.1. Except as expressly set out in this Licence or as permitted by any local law, you agree:
4.1.1. You are aged 18 or over;
4.1.2. not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
4.1.3. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
4.1.4. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
4.1.5. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
184.108.40.206. is used only for the purpose of achieving inter-operability of the App with another software program;
220.127.116.11. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
18.104.22.168. is not used to create any software that is substantially similar to the App;
22.214.171.124. to supervise and control use of the App and ensure that the App is used by any person you permit to use it in accordance with the terms of this Licence;
4.1.6. to keep all copies of the App secure and to maintain accurate and up- to-date records of the number and locations of all copies of the App;
4.1.7. to include our copyright notice on all entire and partial copies you make of the App on any medium;
4.1.8. not to use any automated software to view the Services without our prior written consent and only access the Services manually;
4.1.9. not to access or seek to access any non-public areas of the App or the Services;
4.1.10. scan, probe, circumvent or seek to circumvent any security measures relating to the App or Services;
4.1.11. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and,
4.1.12. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Services (“Technology”), together “Licence Restrcitions”.
5.Acceptable Use Restrictions
5.1. You must:
5.1.1. not use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Licence, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Services or any operating system;
5.1.2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services, including the submission of any material (to the extent that such use is not licensed by this Licence);
5.1.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;
5.1.4. not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
5.1.5. not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
5.2. Content That You Provide
5.2.1. Whenever you make use of a feature that allows you to upload content through the App, or to make contact with other users of the App, you must comply with the content standards set out in paragraph 5.3 below.
5.2.2. You warrant that any such contribution does comply with those standards, and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
5.2.3. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Services a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in paragraph 6.3 (Rights you licence).
5.2.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy.
5.2.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user.
5.2.6. We have the right to remove any posting you make if, in our opinion, your post does not comply with the content standards set out in paragraph 5.3 below.
5.2.7. The views expressed by other users do not represent our views or values.
5.2.8. Content that you provide may be available for other users to view through the App. You should only submit content that you are happy to share publicly. You should not submit any content that is confidential or that you do not want to share.
5.2.9. By using the App you are agreeing that properties you add will be included (when appropriate) on the Anabode portal.
5.3. Content standards
5.3.1. These content standards apply to any and all material which you contribute to the App and Services (Contributions), and to any interactive services associated with it.
5.3.2. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
5.3.3. Contributions must:
126.96.36.199. Be accurate (where they state facts).
188.8.131.52. Be genuinely held (where they state opinions).
184.108.40.206. Comply with applicable law in the UK and in any country from which they are posted.
5.3.4. Contributions must not:
220.127.116.11. Contain any material which is defamatory of any person.
18.104.22.168. Contain any material which is obscene, offensive, hateful or inflammatory.
22.214.171.124. Promote sexually explicit material.
126.96.36.199. Promote violence.
188.8.131.52. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
184.108.40.206. Infringe any copyright, database right or trade mark of any other person.
220.127.116.11. Be likely to deceive any person.
18.104.22.168. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
22.214.171.124. Promote any illegal activity.
126.96.36.199. Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
188.8.131.52. Be likely to harass, upset, embarrass, alarm or annoy any other person.
184.108.40.206. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
220.127.116.11. Give the impression that they emanate from us, if this is not the case.
18.104.22.168. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5.4. Your Account and Passwords
5.4.1. If you choose or are provided with a user identification code, password or other log in information, you must treat such information as confidential and must not disclose it to any third party.
5.4.2. We have the right to disable any user identification code or password at any time, if in our reasonable opinion, we believe that you have failed to comply with the terms of this agreement.
5.4.3. If you know or suspect that someone other than you knows your user identification code or password, please contact us as soon as possible at email@example.com.
6.Intellectual Property Rights
6.1. You acknowledge that all intellectual property rights in the App, the Documents, the Services and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents, the Services or the Technology other than the right to use each of them in accordance with the terms of this Licence.
6.2. You acknowledge that you have no right to have access to the App in source-code form.
6.3. Rights You Licence:
6.3.1. When you upload or post content to our site, you grant the following licenses:
22.214.171.124. You grant to us a worldwide, irrevocable, non-exclusive, royalty- free licence to use, store, reproduce, distribute, sub-license, display, modify and edit your content;
126.96.36.199. You grant to third parties who access your content through our App a royalty-free, non-exclusive licence to use your content for the purposes of making full use of the App and the Services.
7.1. We warrant that:
7.1.1. the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and
7.1.2. that the Documents correctly describe the operation of the App in all material respects,
7.2. If within the Warranty Period, being up to 30 days from the date on which the App is downloaded or streamed to the Devices (“Warranty”), you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, we will try to remedy the defect and if possible, issue an update that remedies the defect. If we are unable to remedy the defect within a reasonable time, you will be entitled to a full refund of the purchase price or any subscription that you paid for the App.
7.3. The warranty does not apply:
7.3.1. if the defect or fault in the App or any Services results from you having amended the App;
7.3.2. if the defect or fault in the App results from you having used the App in a way that breaches any of the terms of this Licence;
7.3.3. if you breach any of the terms of this Licence.
7.4. This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.5. We do not guarantee that the Services or any content available through the App will always be available or will be uninterrupted.
8.Limitation of Liability
8.1. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
8.2. You acknowledge that the App is licensed to You on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for private, personal, non-commercial use, subject to this Licence. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity resulting from your use of the App.
8.3. We are not responsible for content supplied by parties and we will not be liable to you for any loss or damage, even if foreseeable, arising in connection with your use or reliance on any information or content accessed through the App.
8.4. We are not responsible for and will not be liable to you for any loss or damage, even if foreseeable, arising in connection with your use of links to other websites accessed through the App or your use of those websites.
8.5. We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your Devices as a result of your use of the App or downloading any content on it or on any website linked to it.
8.6. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Licence or our negligence up to the limit specified in condition 8.7, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the Licence.
8.7. Our maximum aggregate liability under or in connection with this Licence (including your use of the App and any Services) whether in contract, tort (including negligence), misrepresentation, restitution, breach of statutory duty or otherwise, shall in all circumstances be limited to £0.0001. This does not apply to the types of loss set out in paragraph 8.13.
8.8. We make no representation or warranty, express or implied, that information and materials in the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
8.9. You assume sole responsibility for results obtained from the use of the App, 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 App and any Services, or any actions taken by us at your direction.
8.10. We are not the owner of content that is provided by users of our App and other third parties (“Third Party Content”) and we do not verify the accuracy of any Third Party Content. You are strongly advised to verify the accuracy of Third Party Content yourself before you rely on it. We will not be liable for any loss or damage that you suffer as a result of relying on any Third Party Content. This does not apply to the types of loss set out in paragraph 8.13 below.
8.11. Your interactions with organisations and/or individuals found on or through the App and the Services, whether added by Anabode or by You, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You agree that Anabode does not endorse or make warranties whatsoever, express or implied, with respect to the ability of such organisations and/or individuals to deliver such goods or services, and you agree that Anabode shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users of the App and Services, or between Users and any third party, You understand and agree that Anabode is under no obligation to become involved. In the event that you have a dispute with one or more other Users or any third party, you hereby release Anabode, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
8.12. Although we make every attempt to ensure that it is correct and accurate, We cannot guarantee the accuracy of the information on the App and the Services, and We are not liable for any problems or losses arising from errors in the content. In using the App and Services provided by us, You acknowledge that Anabode is not acting as a contractor, agent, or property manager, and is not responsible for any work done or offered. It is Your responsibility to select a suitable third-party and to negotiate the terms for any work that they undertake, and We will not be involved or held liable for the agreement between You and the third-party. We recommend that, before entering into a contract with any third-party, You obtain confirmation of insurance cover, guarantees, qualifications and any other necessary documentation. If you suffer any problems or losses as a result of acting on the information provided outside of the App and Services, Anabode will not be liable.
8.13. Nothing in this Licence shall limit or exclude our liability for:
8.13.1. death or personal injury resulting from our negligence;
8.13.2. fraud or fraudulent misrepresentation; and
8.13.3. any other liability that cannot be excluded or limited by English law.
9.1. We may terminate this Licence immediately by written notice to you:
9.1.1. if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
9.1.2. if you breach any of the restrictions set out in paragraph 5.3 (Content Standards).
9.2. On termination for any reason:
9.2.1. all rights granted to you under this Licence shall cease;
9.2.2. you must immediately cease all activities authorised by this Licence, including your use of any Services;
9.2.3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so;
9.2.4. we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services and the Appstore.
10.1. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App. We may have need to contact you by phone on the number you provide on registration.
11.Your Right to Cancel
11.1. If you are a consumer, you have a right to cancel this agreement at any time within 14 days starting on the day after you downloaded the App. If you wish to cancel, please contact us by email at firstname.lastname@example.org or by post to Customer Services, Anabode Limited, Elizabeth House, Waterloo, London SE1 7NQ.
11.2. If you cancel during the cancellation period set out in paragraph 11.1 above, we will refund the purchase price or subscription that you paid for the App, using the same method that you used to pay for the App. You must stop using the App and the Services and delete the App and Documents from all of your Devices.
11.3. Your rights to cancel do not affect your rights if the App is defective.
12.Events Outside Our Control
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
12.2. If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
12.2.1. our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
12.2.2. we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.
13.Other Important Terms
13.1. We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
13.2. You may only transfer your rights or obligations under this Licence to another person if we agree in writing.
13.3. If we fail to insist that you perform any of your obligations under this Licence, 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 do 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.
13.4. Each of the conditions of this Licence 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.
13.5. Please note that this Licence, 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 non-exclusive jurisdiction. However, 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.