Terms of Use (EULA)

1. Who we are

We are HWBT Plus LTD (company no. 17120045), whose registered address is at Lumaneri House, Blythe Gate, Blythe Valley Park, Solihull, West Midlands, United Kingdom, B90 8AH — the creators of HWBT+ (the "App").

2. Other terms that may apply to you

If you take out a membership ("Subscription Service") or participate in competitions and prize draws ("Competitions") using the App, the following also apply:

Subscription Terms — apply when you purchase or renew a membership.

Competition Terms — apply when you enter a Prize Competition (together with any Specific Terms for that competition).

Privacy Notice — explains how we collect and use your personal data.

3. How you may use the App

You must be at least 18 years old to use the App. The App is available to users worldwide; some Competitions are restricted to specific countries, which are shown on that Competition before you enter.

In return for your agreeing to comply with these Terms you may:

• download the App onto any of your own compatible devices, and view, use and display the App and the Services on such devices for your personal purposes only. The App can also be accessed, used and downloaded by other accounts associated with you through family sharing or volume purchasing, in accordance with the App Store Rules;
• use all content, materials, and Services accessible from, or purchased in, the App, including our support resources;
• provided you comply with the ‘Licence restrictions’ below, make up to two copies of the App for back-up purposes; and
• receive and use any free supplementary software code or update to the App, including patches and error corrections, that we may provide.

If you download the App onto a device you do not own, you must have the owner's permission to do so. You will be responsible for complying with these Terms and the App Store Rules, whether or not you own the device.

4. Accounts

You will need to create an account to access certain features of the App and the Services. You should keep your account details safe and not share them with anyone. If someone uses your account who shouldn't, let us know as soon as possible.

We may suspend or limit access to your account and the App without notice if we are required to do so by law, or if we believe there may be fraud, misuse, unlawful activity, or that your account is not secure. We may also close your account if it has not been used for a long time, but we will give you at least 30 days' notice before doing so.

5. Technical requirements

To use the App your device needs to meet the following minimum requirements:

6. Support and contact

If you want to learn more about the App or the Services, or have any problems using them, please see our Contact page.

If you think the App or the Services are faulty, or wish to contact us for any other reason, please email our customer service team at support@hwbtplus.com.

If we need to get in touch with you, we will do so by email or an in-app notification.

7. Entries, competitions and payment

The App enables you to participate in Competitions made available from time to time, either for a fee or via a free entry route (an "Entry"). An Entry gives you the right to participate in the relevant Competition in accordance with these Terms and the Competition Rules.

Sometimes we may not accept your Entry — for example, because we cannot authorise your payment, we are not allowed to let you participate in the Competition, or there has been a mistake in the pricing or description of the Competition.

We charge you when we accept your Entry. For most services bought online, you would have a legal right to change your mind within 14 days; however, you can't change your mind about an order for digital services once we have started providing it. By proceeding with your purchase of a paid Entry, you acknowledge and agree that we will begin performing the digital service immediately (including submitting your Entry), and that you will lose your right to cancel once your Entry has been submitted.

If we're unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest accrues daily from the due date until the date of actual payment, whether before or after judgment. You pay us the interest together with any overdue amount.

8. Privacy and your personal information

Protecting your personal information is important to us. Our Privacy Notice explains what personal information we collect from you, how and why we collect, store, use and share it, your rights in relation to it, and how to contact us and supervisory authorities if you have a query or complaint.

We may collect and use information about how you access and use the App (including usage data, technical information and analytics) to operate, maintain and improve the App, develop new features, ensure security, and create aggregated and anonymised data for internal analysis and reporting.

9. Licence restrictions

You agree that you will:

• except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available the App or the Services in any form, in whole or in part, to any person without our prior written consent;
• except where permitted by law or us, not copy, translate, merge, adapt, vary, alter, modify or create derivative works from the whole or any part of the App or Services, nor combine or incorporate them into any other programs, except as necessary to use the App and Services on devices as permitted in these Terms;
• except where permitted by law or us, not attempt to reverse engineer, decompile, disassemble or access the App's source code;
• not use the App or any text, image, video, audio or other materials uploaded, posted, shared or otherwise made available on the App ("Content") to build, train, fine-tune or otherwise improve any artificial intelligence or machine learning model, product or service;
• not use the App to provide services to third parties;
• not send any unsolicited or unauthorised advertising, promotional material, or similar solicitation (spam);
• comply with all applicable laws relating to the use or receipt of the App or any of our services, including applicable technology control or export laws and regulations; and
• comply with these Terms and any other applicable agreement or terms, including the App Store Rules.

10. Acceptable use

You must not use the App to do, or assist others to do, any of the following:

• use the App or any Service unlawfully, for any unlawful purpose, or inconsistently with these Terms, or act fraudulently or maliciously, or encourage unlawful activity;
• use the App in any way, or submit, store, publish, share or use any Content, that is (or might be considered) defamatory, offensive, obscene or discriminatory, or that infringes our or anyone else's intellectual property rights;
• transmit any harmful software code, such as viruses or other malicious or harmful code;
• try to gain unauthorised access to computers, data, systems, accounts or networks, or attempt to bypass or interfere with the App's security features, rate limits or access controls; or
• deliberately disrupt the operation of anyone's website, app, server or business.

The App may allow you to interact with other users, including through comments, forum discussions and live stream chat ("User Content"). We are not responsible for the conduct of other users or for any interactions between users. We do not endorse and are not responsible for any Content uploaded, posted, shared or otherwise made available on the App by users, including its accuracy, reliability or lawfulness.

Zero tolerance for objectionable content and abusive users

We have no tolerance for objectionable content or abusive behaviour. You must not post or share User Content that is harassing, threatening, hateful, discriminatory, sexually explicit, violent, defamatory, spam, or that targets or bullies another person. We may remove any such Content and suspend or permanently terminate the account of any user who posts it, without notice and without refund.

Reporting and blocking

Every piece of User Content in the App can be reported using the menu on that comment, post or live chat message, and you can block any user from the same menu. Blocking a user immediately hides all of their content from you, reports them to us, and can be undone at any time from Profile > Blocked users. We review all reports within 24 hours and will remove Content that breaches these Terms and eject the user who posted it. You can also report Content or a user by emailing support@hwbtplus.com.

We may monitor, review, and remove any Content we reasonably believe is prohibited, and disable your access to the App or Services at any time and without notice, where we reasonably believe there is a violation of these Terms.

11. Intellectual property rights

All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors), and the rights in the App and the Services are licensed, not sold, to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these Terms.

You keep all rights in anything you put into the App. We don't own the rights to any Content you upload, post, share or otherwise make available on the App. By using the App, you allow us to use this Content to run, improve and support the service, provide the App to you, and meet our legal obligations. You must make sure that anything you put into the App, including Content, is yours to use, or that you have permission to use it, and that doing so does not break any laws or infringe anyone else's rights.

If a third party claims that the App, or your possession and use of it, infringes their intellectual property rights, we (and not the App Store) will be responsible for investigating the claim and, where appropriate, for defending, settling and/or discharging it.

12. Limits to the App

The App is provided as-is and as-available. Subject to the ‘Our responsibility for loss or damage suffered by you’ section below, we make no representations, warranties or guarantees, whether express or implied, about the App. We can't promise the App will always work perfectly or without interruption. The App has not been developed to meet your individual requirements, so please check that its facilities and functions meet your requirements before use.

13. Updates to the App and changes to the Services

From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system, or address security issues. Alternatively, we may ask you to update the App for these reasons.

Updates will either download automatically, or you may need to trigger them yourself, depending on your device and its settings. If you choose not to install updates, or opt out of automatic updates, you may not be able to continue using the App and/or the Services.

We strongly suggest you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the App updated to the latest version we make available.

The App will always match the description of it provided to you when you bought it.

14. Changes to these Terms

We may need to change these Terms from time to time to reflect changes in the App's functionality, to deal with a security threat, or if there is a change in the law or guidance. Where changes are material, we will give you at least 30 days' notice, by email, in-app notification, or by posting the updated Terms in the App, before they take effect.

These Terms were last updated on the date shown at the top of this page. If you continue to use the App after updated Terms take effect, you will be treated as having accepted them. If you do not agree with a change, you should stop using the App.

15. We are not responsible for other websites and services you link to

The App may enable you to access services and websites that we do not own or operate ("External Services"). External Services are not under our control, and we are not responsible for, and have not checked or approved, their content or their privacy notices (if any).

You will need to make your own independent judgement about whether to use any External Services, including whether to buy any products or services they offer.

16. Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time you accepted these Terms, both we and you knew it might happen.

We don't exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or that of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. We will not be liable for damage you could have avoided by following our advice to apply a free update, or that was caused by your failing to correctly follow installation instructions or to have the minimum system requirements we advised.

We are not liable for business losses. The App and Services are for domestic and private use. If you use the App 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.

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on information from the App or the Service. Although we make reasonable efforts to keep this information up to date, we make no representations, warranties or guarantees, whether express or implied, that it is accurate, complete or up to date.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that their facilities and functions (as described on the App Store listing and in any documentation) meet your requirements.

We are not responsible for delays outside our control. If our provision of the Services or support for the App is delayed by an event outside our control, we will contact you as soon as possible and take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We are not responsible for events outside our control. Although we will do everything we reasonably can to resolve issues, we are not responsible if you are unable to use all or part of the App due to a poor internet connection, faulty components in your device (such as a faulty camera), App Store failure, or anything else it would not be reasonable to expect us to control. We recommend you back up any Content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

17. Ending these Terms

We may end your right to use the App or Services if we discontinue them. We will give you not less than 30 days' notice, via email or in-app notification, before discontinuing the App.

We may end your rights to use the App and Services at any time by contacting you, if you have not complied with these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If you no longer wish to use the App, you may stop using the App and Services, and end these Terms, by contacting us at support@hwbtplus.com at any time.

18. What happens after your right to use the App or Services ends

When your right to use the App or Services ends:

• you are no longer allowed to use the App and Services, and we may remotely limit your access to them;
• you must delete the App from any devices it has been installed on; and
• we may delete or suspend access to any accounts you hold with us.

19. App Store specific terms and conditions

The ways in which you can use the App may also be controlled by the App Store Rules, which will apply instead of these Terms where there are differences between the two. You must comply with the App Store Rules as well as these Terms.

These Terms are between us and you, not between you and the App Store Provider. We are solely responsible for the App and for any product warranties in relation to it. The App Store Provider has no other warranty obligation in respect of the App, and no obligation to provide any maintenance or support services for it.

20. Third parties

The App Store Provider and its subsidiary companies are third-party beneficiaries of these Terms. This means that if you fail to comply with any of these Terms, the App Store Provider has the right to enforce that failure and take action against you directly, with or without our involvement.

Other than Apple and its subsidiaries, no one other than us or you has any right to enforce any term of these Terms.

21. We may transfer these Terms to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing (including by email or other electronic communication) if this happens, and we will ensure the transfer does not affect your rights under the contract.

Other than the sharing rights set out above, you may only transfer your rights or obligations under these Terms to another person if we agree in writing. If you sell any device on which the App is installed, you must remove the App from it first.

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

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.

23. Even if we delay in enforcing this contract, we can still enforce it later

If we do not immediately insist that you do anything you are required to do under these Terms, or if we delay taking steps against you for breaking these Terms, that does not mean you don't have to do those things, and it will not prevent us taking steps against you at a later date.

24. Which laws apply to these Terms and where you may bring legal proceedings

These Terms are governed by English law, and you can bring legal proceedings in respect of the App 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.