Terms & Conditions for use of template and other content from trumov.com (the “Site”)

TERMS AND CONDITIONS
DEFINITIONS
In these terms and conditions the following expressions shall, unless the context otherwise requires, have the following meanings:-
1. “Application” means our mobile app known as “trumov”.
2. “Conditions” means these terms and conditions as amended by us from time to time.
3. "Content” means the templates for creation of Output or other, accessible via the Website, or ancillary online or offline products and services provided to you by us, to which you are being granted access under these Conditions, including the Technology and the Output;
4. "Effective Date" means the date upon which you apply to download the Content;
5. "Intellectual Property Rights" means inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;
6. "Output" means the audio and visual content created using the Content;
7. "Technology" means all of our proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by us in providing the Application;
8. "User(s)" means you and any person using the Application and/or downloaded Content by you;
9. "we", "us" or "our" means Trumov Limited, a company incorporated in Scotland with company number SC492948 and having its registered office Suite 44 Bonnington Bond, 2 Anderson Place, Edinburgh EH6 5NP.
GRANT OF LICENCE
1. In consideration of the price paid by you for the relevant Content, you are hereby granted a non-exclusive, non-transferable, right to use such Content for your own personal, non-commercial purposes, subject to the terms and conditions of these Conditions.
2. You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available in any way to any third party the Content. This does not prevent you from passing the Output to third parties or uploading it to the Site or other websites, provided neither you nor any third party derives any commercial benefit from your doing so.
3. You acknowledge and agree that we shall have a perpetual, royalty-free licence of all rights in and to any Output which you upload to the Site to use such Output in any way as if we were the owner of it.
YOUR OBLIGATIONS
1. You are responsible for all activity on your User accounts and shall comply with all applicable laws and regulations in connection with your use of the Content or Technology, including those related to data protection, international communications and the transmission of technical or personal data.
2. You shall: (i) notify us immediately of any unauthorised use of any password or account or any other known or suspected breach of security; and (ii) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of Output that is known or suspected by you.
3. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Output.
NON-PAYMENT AND SUSPENSION OF SERVICE
1. In addition to any other rights, we reserve the right to suspend or terminate this Agreement and your access to the Service if any amount due to us is in arrears.
2. You will continue to be charged for ongoing payments during any period of suspension. On termination you will be obliged to pay the balance due on your account.
3. We reserve the right to impose a reconnection fee in the event you are suspended and request access Output uploaded to the Site by you or unfinished Output.. You agree and acknowledge that we have no obligation to retain Output and that such Output may be irretrievably deleted if your account is 30 days or more in arrears.
INTELLECTUAL PROPERTY
1. We (and our licensors, where applicable) own all right, title and interest, including all related Intellectual Property Rights, in and to our Technology, the Content and the Application.
2. Other than the right to use the Content as licensed by these Conditions you acquire no right to use any of such items and have no right to any intellectual property right in them.
INDEMNITIES
1. shall indemnify and hold us and our licensors harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including solicitors' fees and costs) arising out of or in connection with: (i) any claim alleging that use of the Output infringes the rights of, or has caused harm to, a third party; (ii) any claim, which if true, would constitute a breach by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of these Conditions.
TERMINATION
1. Your right to use the Content will terminate if you breach these Conditions and any Output created or used in breach of these Conditions will be deemed a breach.
2. We may, at our sole discretion, terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement.
DISCLAIMER
1. NEITHER WE NOR OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. NEITHER WE NOR OUR LICENSORS REPRESENT OR WARRANT THAT (A) THE USE OF THE CONTENT WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) THE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (D) THE CONTENT FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS, (E) ERRORS OR DEFECTS WILL BE CORRECTED.
2. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US AND OUR LICENSORS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL OUR LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY AND/OR DUE FROM YOU FOR THE CONTENT. IN NO EVENT SHALL WE AND/OR OUR LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE CONTENT, TECHNOLOGY OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE CONTENT, TECHNOLOGY OR APPLICAITON, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, TECHNOLOGY OR APPLICATION EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You also acknowledge that use of the Website will be subject to such other policies as are specified on the Website from time to time.
NOTICES
1. We may give notice by means of a general notice on the Site, electronic mail to your e-mail address on record in our account information, or by written communication sent by first class mail or pre-paid post to your address on record in our account information.
2. You may give notice to us (such notice shall be deemed given when received by us) at any time by written communication sent by first class mail or pre-paid post to our registered office.
3. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
GOVERNING LAW AND JURISDICTION
1. Conditions shall be governed by the laws of Scotland and you agree to submit to the non-exclusive jurisdiction of the Scottish courts.