Terms of Use

last updated: 18/04/2020

1. INTRODUCTION:
Welcome to our application, fDeck (the “App“). This App is published by Sensorworks (“We”) and is the culmination of many years of hard work and crafting by our single developer, Darren Yeates. By downloading or otherwise accessing the App you agree to be bound by the following Terms of Use (“Terms“) and our Privacy Policy. If you have any queries about the App or these Terms, you can contact us by any of the means set out in paragraph 6 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.

2. GENERAL RULES RELATING TO CONDUCT:
The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”). In particular, but without limitation, you agree not to:

(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App.

We are committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason and to obtain and store analytics and/or metrics about how you use the App. Further details on this can be obtained by viewing our Privacy Policy.

3. DISCLAIMER / LIABILITY:
This App and the features it provides are determined and limited by the sensors that your particular device contains and the performance and functionality will vary accordingly. With that in mind, you should not use the App in any way as a primary form of reference or navigation whilst flying, or any other activity.

USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) SENSORWORKS DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN SENSORWORKS AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

Sensorworks, or any of its employees, shall not be liable for any death, personal injury, loss or damage whatsoever caused directly or indirectly in connection with usage of the App.

In the event that any part of these Terms shall be held to be invalid for any reason and we become liable for loss or damage that may lawfully be limited, such liability shall be limited to: a) fifty pounds sterling (£50.00); or b) the sums paid by you for any in-app purchases or subscriptions, whichever is greater.

WARNING: ALL INFORMATION IS PRESENTED AS IS, AND THE INFORMATION IS FOR REFERENCE ONLY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK ASSOCIATED WITH USING THIS APPLICATION IN ANY WAY.

4. PAYMENTS & SUBSCRIPTIONS:

Monthly subscriptions:
By purchasing a Monthly subscription, you agree to an initial and recurring Monthly subscription fee at the then-current Monthly subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly subscription anytime before the next billing cycle.

Annual subscriptions:
By purchasing an Annual subscription, you agree to an initial pre-payment for one full year of service. After one year and annually thereafter, you will be billed a recurring Annual subscription renewal fee at the then-current Annual subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Annual subscription anytime before the next billing cycle.

Cancellation of subscription:
You may cancel your monthly or annual subscription at any time by clicking 'Manage subscription' in the apps settings menu. This will direct you to your App Store/Google Play account subscription management page. Alternatively, you may access your App Store/Google Play account details directly.

Cancellation policy:
Annual and monthly subscriptions are non-refundable.

5. GENERAL:
We will often make updates to this app. The app is currently made available for your device. However, the requirements for this app may change, and you may need to download the updates if you want to keep using the app. Sensorworks does not promise that it will always update the app so that it is relevant to you and/or works with your particular device version. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you.

These Terms (as amended from time to time) constitute the entire agreement between you and Sensorworks concerning your use of the App. Sensorworks reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Sensorworks.

These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

6. CONTACT US:
If you have any questions or suggestions about these Terms, do not hesitate to contact the Sensorworks team.

email: [email protected]
web: http://www.sensorworks.co.uk/

We hope you enjoy using our App.