Условия и положения

General terms

1. General terms

1.1 Definitions.

In our terms the following definitions apply:

1. "Free Software” refers to software supplied by us without charge;

2. “our software” refers to any software supplied by us including Free Software and Subscription Software;

3. “our terms” means collectively our Website Terms, Terms of Supply, Privacy Policy and Product EULA and any other contract terms which apply to your use of our website and our software, in all cases as updated from time to time;

4. “Perpetual Use Software” refers to software which is paid for and not time-limited;

5. “Purchased Software” refers to Perpetual Software and Subscription Software;

6. “Subscription Software” refers to software supplied by us on a paid-for subscription basis;

7. “Purchased Support Services” refers to our paid-for support services, which are provided on a 12-month subscription basis;

8. "we", "us", "our" and "Reincubate" refer to either Reincubate Ltd, a company registered in England (company number 5189175) or Reincubate Software Ltd, a company registered in England (company number 13898444) depending on the nature of your relationship with us;

9. "website" refers to any Reincubate website;

10. "you" refers to the person or company currently reading these terms & conditions.

1.2 Who we are.

We are Reincubate Ltd, a company registered in England number 5189175 (VAT number GB151788978) and Reincubate Software Ltd, a company registered in England number 13898444 (VAT number GB410395426).

Our registered office for both companies is at Unit 5 St Saviour’s Wharf, 23 Mill Street, London, SE1 2BE.

1.3 How to contact us.

You can contact us by writing to us at support@reincubate.com.

1.4 How we may contact you.

If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order, or by telephoning you if you have provided us with your number and given us permission to do so.

1.5 "Writing" includes email.

When we use the words "writing" or "written" in these terms, this includes email.

1.6 Relevant law.

These terms are governed by English law and you can bring legal proceedings in respect of them in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.

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Website terms of use

2. These website terms

2.1 What these apply to.

These are the terms of use on which you may make use of our website, whether as a guest or a registered user. Use of our website includes accessing, browsing, or registering to use our website.

2.2 You will be bound by these Website Terms.

Please read these Website Terms carefully before you start to use our website, as these will apply to your use of our website. We recommend that you print a copy of this for future reference. By using our website, you confirm that you accept these Website Terms and that you agree to comply with them. If you do not agree to these Website Terms, you must not use our website.

3. Changes

3.1 Changes to these Website Terms.

We may revise these Website Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

3.2 Changes to our website.

We may update our website from time to time, and may change the content at any time. We do not guarantee that our website, or any content on it, will be free from errors or omissions.

4. Terms on which you access our website

4.1 Accessing our website.

Please note the following regarding our website:

• Our website is made available free of charge.
• We do not guarantee that our website, or any content on it, will always be available or be uninterrupted.
• You are responsible for making all arrangements necessary for you to have access to our website.
• You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Website Terms and other applicable terms and conditions, and that they comply with them.

4.2 Your account and password.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Website Terms.

4.3 Intellectual property rights.

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged. You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our website in breach of these Website Terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.4 No reliance on information.

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website. Although we make reasonable efforts to update the information on our website, to the extent permitted by law we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.

4.5 Limitation of our liability.

Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our website; or (to the extent permitted by law) use of or reliance on any content displayed on our website.

If you are a business user, please note that in particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our website for your domestic and private use. You agree not to use our website for any commercial or business purposes.

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 computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms of Supply, which can be found below.

4.6 Viruses.

We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our website. You should use your own virus protection software. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

4.7 Linking to our website.

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our website in any website that is not owned by you. Our website must not be framed on any other website. We reserve the right to withdraw linking permission without notice.

4.8 Third party links and resources in our website.

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.

4.9 Our Privacy Policy.

Please see here for our Privacy Policy.

4.10 Our Cookie Policy.

We may use cookies on this website in order to monitor website performance, track purchase information for goods and/or services sold through the website, perform anonymised analysis on visitors to our website, or in order to fulfil requested services. You can find out more about cookies, including information on how to block them, at allaboutcookies.org.

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Terms of supply for application customers

5. These terms of supply

5.1 What these Terms of Supply cover.

These are the terms and conditions on which we supply our software and support services to you.

5.2 Who do these apply to?

These Terms of Supply apply to consumers and business users. However, in some cases, our obligations towards these two groups may differ and therefore there may be a difference in the terms which apply. We clearly indicate where that is the case. If you are unsure of which category you fall into, please read the following:

• Consumers: to qualify as a consumer, you need to be an individual and you need to be obtaining our software/services for purposes which is wholly or mainly unrelated to your trade, business, craft or profession. Please note that legal persons, such as a limited company or limited liability partnership cannot be a ‘consumer’, even if they are obtaining our software/services for reasons unrelated to their business.

• Business Users: If you do not satisfy the test above, including if you are using our software/services on behalf of a company, then you will be a Business User. Where you obtain our software/services on behalf of a company, you confirm that you have authority to bind that company to these terms in respect of such use.
• Enterprise Users: Please also note that these Terms of Supply do not apply to a customer’s use of our API product. Such use shall be governed by the Master Services Agreement. If you wish to discuss this software, please contact us at enterprise@reincubate.com.

5.3 Why you should read them.

Please read these Terms of Supply carefully. If you think that there is a mistake in these Terms of Supply, please contact us to discuss. Our terms (including these Terms of Supply, our Privacy Policy, Website Terms and Product EULA) constitute the entire agreement between us and you. Please note that if you refuse to accept our terms, you are not permitted to use our software.

5.4 Consumers’ rights under the Consumer Rights Act 2015.

The Consumer Rights Act 2015 introduced a new approach to consumer rights in connection with software (referred to as ‘digital content’). This approach is reflected in the drafting of our terms and in the rights and remedies outlined below. Please note that the majority of the protections, such as requirements as to quality and fitness for purpose, apply to our Purchased Software and Purchased Support Services only.

6. Information about us and how to contact us

6.1

Please see the contact section for information about us and how to contact us.

7. Our contract with you

7.1 How we supply our software and services.

Our Free Software is available without charge for download via our website. In the case of our Purchased Software and Purchased Support Services, our checkout pages will guide you through the steps you need to take to place an order with us. In any case, our acceptance of your order will take place when either you download our software to your device or you place a valid order on our website (whichever is the sooner), at which point a contract will come into existence between you and us, on these Terms of Supply.

7.2 If we cannot accept your order.

If we are unable to accept your order, we will inform you of this and, in the case of Purchased Software and Purchased Support Services, we will not charge you.

7.3 Duration of your entitlement to use our software and services.

Subject at all times to our terms and your full compliance with them: (a) in the case of Free Software and Perpetual Software, you are entitled to use our software without limit in time; (b) in the case of our Subscription Software, you are entitled to use our software for the duration of your subscription period only (being your initial subscription period any paid-for extensions to that period), and (c) in the case of our Purchased Support Services, you are entitled to receive such services for a 12-month subscription period.

7.4 Acknowledgement (Business Users only).

If you are a Business User, you acknowledge that in entering into the contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in our contract.

8. Our software

8.1 Important terms which govern how you use our software.

Your use of our software shall at all times be subject to our End-User Licence Agreement (EULA). The full terms of our EULA can be found at reincubate.com/terms-conditions/ or within the installer or executable for the relevant software. These include details regarding the limited nature of the permission (licence) granted to you in relation to our software and important restrictions on what you may do with our software.

8.2 Support and upgrades.

Where applicable, we shall provide you with email support services in relation to the software (our Support Services). We regret that telephone support is not available. The support team can be contacted at support@reincubate.com and will endeavour to respond to support queries within two working days. Provision of Support Services is dependent on the which software product you have purchased, as follows:

1. Free Software: no entitlement to Support Services.
2. Perpetual Software: your initial purchase of the software includes 12 months of complementary Support Services. Should you wish to extend this service at the end of the initial period, you have the option of purchasing our Purchased Support Services for a further 12 months.
3. Subscription Software: registered users of our Subscription Software are entitled to complimentary Support Services during their subscription period.

9. Important information about our software

9.1 Functionality and compatibility.

Please refer to our website for background information about our software. However, for details of the functionality and compatibility of our specific software products please refer to the specific web pages listed below:

1. iPhone Backup Extractor: https://reincubate.com/iphone-backup-extractor/.
2. BlackBerry Backup Extractor: https://reincubate.com/blackberry-backup-extractor/.
3. DMG Extractor: https://reincubate.com/dmg-extractor/.
4. BCM Call Logger: https://reincubate.com/bcm-call-logger/.
5. Camo: https://reincubate.com/camo/.

We will ensure our software is as described in the pre-contract information provided in relation to it. Please note the webpages listed above comprise the only source for such pre-contract information.

9.2 Consumer editions.

Please note that where we provide both a consumer and a business edition of our software, the consumer edition may not be used for business use. If we determine you are using a consumer edition for business use we may, at our discretion, exercise one or all of the following options:

• Require you to pay the difference between the consumer edition and the business edition in order to continue using the software
• Refuse to provide any support or upgrades for your use of the software
• Require you to cease using the software
• Take any other reasonable measure necessary in order to ensure your compliance with these Terms

9.3 Independent copies.

If you are using one of our data recovery tools you should always maintain your own independent copy of any relevant backup files or recovered data. In particular, you should be aware that iTunes can overwrite backup files without warning.

10. Our rights to make changes

10.1 Minor changes to our software and our terms.

We may change our software to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of our software. Our terms may also be changed from time to time. Where such a change is minor and does not detrimentally affect your rights, notification of such changes will be made by means of a message on our website.

10.2 More significant changes to our software and our terms (consumers only).

In addition, we may make more significant changes to our software and our terms. We may also update or require you to update digital content. If our change/s affect the functionality or attributes of our software with the result that it no longer matches the description provided at the time of your order, then clause 12.1 applies. If our change/s in the terms detrimentally affect your rights then you can request a refund of part of the price paid for the software (in the case of Perpetual Software if you have a current Support Service), or you shall be entitled to cancel your subscription and receive a refund for your unused subscription period (in the case of Subscription Software).

11. Providing our software and services

11.1 Supply of our software.

Our software is made available for electronic download. The process for downloading our software depends on whether you are ordering our Free Software or our Subscription Software:

1. Free Software: We will make the digital content available for download by you as soon as we accept your order.
2. Purchased Software: When you purchase Purchased Software from our website you will be required to create a user account if you have not already done so. Your purchase will be automatically associated with your user account. You will then be able to enter your user account details into the relevant Purchased Software, and your licence will be automatically validated and activated. Should you have any problems with the activation process then please contact support@reincubate.com.

11.2 Supply of our Purchased Support Services.

We will supply the services to you until either the subscription expires, or until one of us ends the contract in accordance with these Terms.

11.3 What will happen if you do not give required information to us.

We may need certain information from you so that we can supply our software or services to you. If so, this will have been stated in the description of our software on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying our software or services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

11.4 Reasons we may suspend the supply of software to you.

We may have to suspend the supply of our software to: deal with technical problems or make minor technical changes; update our software to reflect changes in relevant laws and regulatory requirements; make changes to our software as requested by you or notified by us to you.

12. Your rights to end the contract

12.1 If our software is defective or misdescribed or no longer matches the specification (Consumers only).

If Purchased Software is defective or misdescribed or no longer matches the specification and you are a consumer you are entitled to a repair or a replacement. If the fault cannot be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can continue to use the digital content but we will reimburse some of the price you paid to take account of the fault.

12.2 If our Purchased Support Services are not performed to a suitable standard (consumers only).

You can ask us to repeat a service if it's not carried out with reasonable care and skill. If we still fail to perform the service in accordance with such standards, you are entitled to cancel your subscription for Purchased Support Services and we shall refund you the price you paid for the Purchased Support Services (minus a deduction for the period of services received).

13. Our Goodwill refund

13.1 If you have just changed your mind about our Purchased Software.

We offer a 30-day goodwill refund policy in the event you change your mind after we accept your order and you download our Purchased Software, but before you have used our software. The entitlement applies for 30 days from the date on which you download the Purchased Software.

13.2 If you have just changed your mind about our Purchased Support Services.

We offer a 30-day goodwill refund policy in the event you change your mind after we accept your order for Purchased Support Services, but before you have used the support services. The entitlement applies for 30 days from the date on which you place your order for the Purchased Support Services.

13.3 Reasons why we may refuse your request for a goodwill refund.

We are entitled to reject your request for a refund where you have successfully used our Purchased Software for its stated purpose or we have provided you with Purchased Support Services, where the 30-day period has elapsed, where you have misrepresented yourself (for example, representing you are a consumer when you are a business user), or where you are otherwise in breach of our terms. If there is a disagreement regarding your extent of use of our software, we may request that you either deliver up your device so we can inspect it to establish the extent of any use or provide sufficient evidence of your use of our software so we can properly investigate the matter.

13.4 Requesting the refund for a goodwill refund.

Please let us know by emailing us at support@reincubate.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. Provided we agree you are entitled to the goodwill refund, we will refund you the price you paid for our Purchased Software or Purchased Support Services by the method you used for payment. We will make any refunds due to you within 14 days. If we accept your request for a refund then you must immediately delete our software from your device/s (see clause 15).

14. Our rights to end the contract

14.1 We may end the contract if you break it.

We may end the contract at any time by writing to you if you are in breach of our terms, including if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due, or if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our software.

14.2 You must compensate us if you break the contract.

If we end the contract in the situations set out in clause 14.1 we shall refund you for the price of the Subscription Software/Purchased Support Services pro-rata for any unused subscription period, but we shall be entitled to deduct compensation for the net costs we will incur as a result of your breaking the contract.

15. Deletion of our software

15.1 Your obligation to permanently delete our software.

If we grant you a goodwill refund, or we cancel the contract, or for any other reason you are no longer permitted to use our software (whether the Free Software or Purchased Software), you must immediately and permanently delete all copies of our software from all your device/s.

15.2 Evidence of deletion.

We are allowed to request that you provide evidence of this deletion and/or examine your device/s to ensure this requirement has been fully complied with.

16. Price and payment

16.1 Where to find our prices.

The price of our Purchased Software or Purchased Support Services (which includes VAT for EU non-business consumers) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the prices advised to you are correct.

16.2 When you must pay and how you must pay.

We accept payment with Visa, Mastercard, American Express and PayPal. We may accept payment via other means – the latest methods of payment can be found on our website. You must pay for our Purchased Software before you download it. Our software may include technical measures designed to prevent software piracy such as license keys or anti-copying measures. You may not attempt to modify or bypass such measures.

16.3 Your payment information.

We do not store full credit or debit card details. Where we need to capture payment details as part of a checkout process they are passed to a PCI-DSS accredited payment service provider and then discarded.

16.4 What to do if you think an invoice is wrong.

If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

17. Our responsibility for loss or damage suffered by you

17.1 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; for fraud or fraudulent misrepresentation; (in the case of consumers) for breach of your legal rights in relation to our software.

17.2 When we are liable for damage to your property (consumers only).

If you are a consumer and defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. Our maximum liability to you under this clause will be £100.

17.3 We are not liable for business losses if you are a consumer.

In the case of consumers, we only supply our software/services for domestic and private use. If you use our software/services 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.

17.4 Our liability to Business Users.

We only supply our software/services for internal use by your business, and you agree not to use our software/services for any resale purposes. Subject to clause 17.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for: any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss. Subject to clause 17.1, our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Subscription Software.

18. How we may use your information

18.1 How we will use your personal information.

We will use the personal information you provide to us: to supply our software to you; to process your payment; and if you agreed to this during the order process, to give you information about similar software or services that we provide, but you may stop receiving this at any time by contacting us.

18.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

For further information, please refer to our Privacy Policy below.

18.3 Permission regarding use of name and logo (Business Users only).

If you are a Business User, you hereby grant us permission to use your company name and logo in marketing materials relating to our software and services.

19. Other important terms

19.1 We may transfer this agreement to someone else.

We may transfer our rights and obligations under these Terms of Supply to another organisation. We will tell you in writing if this happens and we will ensure this does not negatively affect your rights or our obligations under this agreement.

19.2 You need our consent to transfer your rights to someone else.

You may only transfer your rights or your obligations under these Terms of Supply to another person if we agree to this in writing.

19.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

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

Each of the paragraphs of these Terms of Supply 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.

19.5 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 these Terms of Supply, 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. For example, if you miss a payment and we do not chase you but we continue to provide the Subscription Software, we can still require you to make the payment at a later date.

19.6 Events beyond our control (Business Users only).

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by an event outside our control (being any act or event beyond our reasonable control, including without limitation strikes or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks).

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Terms of supply for API & SDK customers (Master Services Agreement)

20. Requesting the Master Services Agreement (MSA)

Our Master Services Agreements are available here:

• API MSA for ricloud, Relay, DI, etc.
• SDK MSA for Camo's SDK, etc.

End-User License Agreement (EULA)

33. General Terms

In these terms any reference to an "application" refers to any Software as defined in clause 1.1 of the General Terms which you have downloaded or are using. The terms "application" and "software" may be used interchangeably.

Please note that the relevant Reincubate company you are contracting with under this End User License Agreement differs depending on the software product you have downloaded or are using.

• If you have downloaded or are using any of the ‘Camo’ software or applications then your Agreement is with Reincubate Ltd (“Reincubate”)
• If you have downloaded or are using the iPhone Backup Extractor, Blackberry Converter, DMG Extractor or BCM Call Logger software or applications then your Agreement is with Reincubate Software Ltd (“Reincubate”)
• For all other products please check the End User License Agreement supplied with the Software to determine which Reincubate company you are contracting with

Your use of the application is conditional upon the terms in this End User License Agreement (EULA) as well as the other terms that can be found at reincubate.com/terms-conditions/. If you do not agree with these terms you must stop using and uninstall any copy of our Software in your possession.

When you purchase a Reincubate product you are permitted a single non-exclusive worldwide perpetual license to use the product. By using the product you agree to be bound by these terms. Services may be purchased on a time-limited basis in which case any such license expires at the end of the term set out when the service was originally purchased.

You may not reverse engineer or decompile our products or services, or take any action that may assist others to do so. You may not incorporate any part of our products or services into any third party website, application or service without our express written permission.

You may not copy, sell, lend, give away or otherwise distribute any non-free version of any of our products without express written permission from Reincubate Ltd. You may not share your login details for any Reincubate service with any other party or make any Reincubate service available to other parties.

You may distribute the Free version of any of our applications freely provided you do not charge (either directly or indirectly) for doing so. Any such distribution should prominently link back to our website so users are able to obtain the latest version of the application and view these terms.

If you wish to distribute or resell any version of our applications for profit then you must obtain our permission first.

Where you upload data using a Reincubate product or application that is capable of doing so you grant us a non-exclusive perpetual worldwide license to use that data in order for us to provide you with the appropriate product or service. All data will be held in accordance with our Privacy Policy - please read it.

You may not use Reincubate applications, products or services for illegal purposes.

34. Analytics Tool

Our software has an integrated analytics and reporting tool which collects the following information:

• Counts of the number of times the software is installed, uninstalled and run
• Summary information about any errors encountered when the software is run (no detailed information is recorded)
• Counts of the number of times key features within the software are used

By running our software you consent to the gathering of such information and the subsequent transmission of said data to Reincubate. Information is only sent to Reincubate using https encrypted secure transfer methods.

Information gathered by the analytics tool may be used to enhance and improve our website and services or provide new or better products, services and websites. Any such use by us of information gathered from you will be anonymous and will never reveal personally identifiable data to third parties.

35. Warranties

Our Software is provided as-is and no warranties, either express or implied, are made about the functionality of the application. Although we take reasonable care to ensure the proper operation of this software we cannot be held liable for any loss or damage, either direct or consequential, as a result of the use of this software.

You should always maintain your own independent copy of any relevant system or data files. We cannot be held responsible for any loss or damage to your data as a result of your use of our applications.

We do not guarantee that our software will always be able to function as promised. Although we will make our best endeavours to ensure our software is functional and free of bugs it is in the nature of software development that this can never be guaranteed 100%.

We may provide a free version of the Application that can be used to confirm if it is suitable for your purposes. It is your responsibility to ensure the suitability of the application before you purchase, and we will not entertain any request for a refund on this basis.

Reincubate applications may not be available from time to time, or may operate with reduced functionality. We will attempt to provide prior warning of any scheduled maintenance through our website, but we cannot be held responsible for any loss or degradation of service, or any consequential loss or damage you may incur as a result.

Any information provided through the use of our applications is also provided on an 'as is' basis. Any recommendations made are not guaranteed, and if you are unsure you should always seek your own independent advice. You agree to indemnify us from any liability incurred as a result of your use of our applications, or any advice provided through our services or applications.

36. Payment, refunds, delivery of software, support and upgrades

Please see our "Terms of supply for application customers" at reincubate.com/terms-conditions/#terms-supply.

37. Limitation of liability

We provide all products and services on an 'as-is' basis and accept no liability, either express or implied for any loss or damage incurred as a result of your use of our products or services, save where required by law. In such cases our total liability shall be limited to the charges paid by you to us for the use of the product or service.

Nothing in this EULA shall affect your statutory rights under law.

Affiliate Terms and Conditions

We (Reincubate) may make available an affiliate program allowing individuals or organisations (Affiliates) to earn commission for referrals that result in sales of a Reincubate product or service. This may either be directly or via a third party affiliate management program.

Any such access to an affiliate program is subject to the following terms and conditions, in addition to our standard Terms and Conditions shown above. Failure to do so may result in affiliates being removed from the program and forfeiting any revenue accrued and not paid to the affiliate. In serious cases we reserve the right to take legal action to recover any affiliate revenue that has been incorrectly or inappropriately paid to an affiliate.

Affiliates agree that at all times they will conduct themselves in a manner that is legal, professional and does not bring disrepute on Reincubate. In particular affiliates will never use spam or other unsolicited techniques to drive traffic, clicks or affiliate revenue.

Affiliates are responsible for ensuring that at all times they are compliant with any laws or regulations in their home country relating to affiliate marketing or online advertising. In addition, affiliates acknowledge that they will at all times comply with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing.

Where affiliates have generated their own content or provided links to drive traffic or revenue, they are responsible for ensuring that such content or links are clearly marked as being affiliate links or advertising. On social media any such content must use the #ad hashtag or other clear marker.

Where we have provided affiliates with a tracking link or voucher code to use to track any affiliate activity, the affiliate is responsible for ensuring such links/codes are used and we will not pay out any commission where this is not the case.

Commission will be calculated on the price net of VAT or any other taxes for any eligible tracked sales. Where the sold product is on a subscription plan the commission will be calculated on the initial term value (e.g the first year for an annual subscription and the first month for a monthly subscription).

Commission will be calculated at the end of each calendar month. A minimum of a 30 day hold will then apply during which time we will check any tracked sales and remove any which are not eligible (for example where the sale has been refunded or cancelled). Payments will accrue until an affiliate has total commission of at least £100 (or local currency equivalent).

Payout will be to the specified PayPal account provided by the affiliate. Where an affiliate has accrued commission greater than £500 (or local equivalent) we may, at our discretion, permit alternative payout methods such as bank transfer.

You may terminate the affiliate relationship with one months’ notice. We may terminate the affiliate relationship at any time and for any reason with no notice. Where we have terminated the relationship because of your violation of these Terms you will forfeit any accrued but unpaid commission.

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral commissions paid or payable to you under this Agreement.

Any affiliate relationship does not imply any form of wider connection between the parties and you explicitly agree that you are not an employee, agent or other representative of Reincubate, will not hold yourself out to be so, and cannot bind Reincubate in any manner.

These terms are governed by and subject to the exclusive jurisdiction of the English courts. If any provision is deemed to be invalid or unenforceable it will in no way affect the remainder of this agreement.

Competition Terms and Conditions

1. Prize draws are open to all individuals aged 18 years or over, except employees of the Promoter, their families, agents or any third party directly associated with administration of the prize draw, any individual residing in a country where free prize draws are not permitted by law, and except individuals residing in the following countries:

   Côte d'Ivoire, Cuba, Democratic Republic of the Congo, Iran, Libya, Republic of the Congo, Somalia, Myanmar, North Korea, Sudan and Syria.

2. The prize draw is free to enter and no purchase is necessary.

3. All entries must be submitted in accordance with the entering method specified in the details of the individual competition. If you are unsure how to enter please contact support@reincubate.com for further information.

4. Entries received after the published closing date of the competition will not be considered.

5. The Promoter accepts no responsibility for entries not successfully completed due to a technical fault of any kind.

6. A winner will be chosen by random draw within 14 days of the closing date of the competition.

7. The winner will receive the prize as specified in the specific competition details.

8. The winner will be notified by email or telephone (using details provided at entry) within 7 days of the random draw and must provide a postal address to claim their prize. If a winner does not respond to the Promoter within 7 days of being notified by the Promoter, then the winner's prize will be forfeited and the Promoter will be entitled to select another winner in accordance with the process described above.

9. The prize will be sent to the winner by post within 7 days of being notified of their win.

10. The prize for the winner is non-exchangeable, non-transferable and no cash alternative is offered.

11. The Promoter reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Promoter's control makes it necessary to do so.

12. The decision of the Promoter regarding any aspect of the prize draw is final and binding and no correspondence will be entered into about it.

13. The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will send the surname, county and country of major prize winners and, if applicable copies of their winning entries, to anyone who emails support@reincubate.com or writes to Unit 5 St Saviour’s Wharf, 23 Mill Street, London, SE1 2BE (enclosing a self-addressed envelope) within one month after the closing date of the specific competition. If you object to any or all of your surname, county and winning entry being published or made available, please contact the Promoter. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.

14. Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry. The Promoter reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions.

15. The Promoter reserves the right to hold void, cancel, suspend, or amend the promotion where it becomes necessary to do so.

16. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.

17. Personal data supplied during the course of any promotions or prize draws will only be processed as set out in the Promoter's Privacy Policy which can be found at https://reincubate.com/about/privacy-security/#privacy . See also 13 with regard to the announcement of winners.

18. Prize draws will be governed by English law and entrants to prize draws submit to the jurisdiction of the English courts.

19. The Promoter of any prize draws is Reincubate Ltd (a company registered in England number 5189175) of Unit 5 St Saviour’s Wharf, 23 Mill Street, London, SE1 2BE.

Last updated: 2023-01-18