Myrrorapp

BEYOUROWN LTD TERMS OF USE

Version 1

26.08.2020

1.Who we are and what this Agreement does

1.1 BEYOUROWN LTD (“BEYOUROWN“, “we“, “us“) is a company incorporated in Scotland (registration number SC655002) and with our registered office at Glencarse Home Farmhouse, Glencarse, Perth, Scotland, PH2 7LF license you to use:

1.1.1 Myrror version 1.1.2 mobile application software, the data supplied with the software (the “App”) and any updates or supplements to it;

1.1.2 the service you connect to via the App and the content we provide to you through it (“Service”) and the communications that our participating salons (“Salon Service Providers“) provide to you through it;

as permitted in these terms.

1.2 These terms of use (the “Agreement“) set out the terms of our contract with you in relation to our supply of the services. By subscribing to the App, you agree to these terms. If you do not agree to these terms, you must immediately cease use of the App.

1.3 We may update or revise this Agreement from time to time. If you do not agree to any modified, revised or updated version of the Agreement, you must discontinue your use of the App. By continuing to use the App, you indicate your agreement to these terms.

4. Operating System Requirements

This app requires a device with the iOS version 10 operating system or above, or Android 5 or above.

5. Support for the App and how to tell us about problems

5.1 Support

If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.myrrorapp.com.

5.2 Contacting us (including with complaints)

If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected]

5.3 How we will communicate with you

If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us. We shall endeavour to respond to all support queries within ten working days (based on UK time).

6 Payment and payment services

6.1 In order to use the App you must pay the then current subscription fee using a valid credit or debit card via the app store. I If you cancel your subscription or do not pay the subscription fee when due then you will no longer be able to use the App and any data that you have stored will be deleted in accordance with our data retention policy.

6.2 By becoming a registered user of the App you confirm that you have authority to use the payment method or billing account details provided for the purpose of paying the monthly subscription fee.

7 How you may use the App, including how many devices you may use it on

7.1 In return for your agreeing to comply with these terms and for paying the subscription fee referred to in Clause 6 you may:

7.1.1 download a copy of the App onto your device and view, use and display the App and the Service on such devices for your personal purposes only; and

7.1.2 receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

7.2 As a user of the App you:

7.2.1 agree to register and create an account for personal use only. You may not authorise others to use your account. You may only register for one account. You are responsible for keeping any registration details confidential, including your password. You acknowledge that BEYOUROWN is not responsible for any third party access to your account and the consequences.

7.2.2 agree that you are responsible and assume liability for all content that you upload to the App. BEYOUROWN is not obligated, but reserves the right, to monitor content that is uploaded to the App and to remove any such content that:

7.2.2.1 violates any applicable laws;

7.2.2.2 is in breach of this Agreement; or

7.2.2.3 we are requested to do so by any third party.

7.2.3 acknowledge that BEYOUROWN does not guarantee the accuracy of the information provided to you by Salon Service Providers.

8 Eligibility

8.1 To register to use our App, receive the Services and be subject to these terms:

8.1.1 you must create an account;

8.1.2 you must be 18 or over; and

8.1.3 you must be a resident in a country where we make the App available for use.

8.2 We reserve the right to refuse and provide the Service to any individual at any time. Whilst BEYOUROWN takes reasonable care in screening registered Salon Service Providers and securing the safety of our registered users, you are solely responsible for taking appropriate safety precautions in connection with your use of the App.

9. You may not transfer the app to someone else

We are giving you personally the right to use the App and the Service as set out at Clause 7. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

10. Changes to these terms

10.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

10.2 We will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.

10.3 If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.

11. Update to the App and changes to the service

11.1 From time to time we may automatically update the App and change the Service 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.

11.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

11.3 The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

12. If someone else owns the phone or device you are using

If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

13. We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

14 We may collect location data (but you can turn location services off)

14.1 Certain Services, will make use of location data sent from your devices. You can control 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, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.

14.2 You may stop us collecting such data at any time by turning off the location services settings on settings > privacy > location services.

15 We are not responsible for other websites you visit

15.1 The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

15.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

16 Licence Restrictions

You agree that you will:

16.1 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 prior written consent from us;

16.2 not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

16.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

16.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:

16.4.1 is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

16.4.2 is not used to create any software that is substantially similar in its expression to the App;

16.4.3 is kept secure; and

16.4.4 is used only for the Permitted Objective;

16.4.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

17. Acceptable Use Policy

17.1 When using the App and our Service you must comply with our Acceptable Use Policy .

18. Intellectual Property Rights

18.1 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 own any intellectual property rights in any content or material that you upload or share using the App and the Services. You grant us a perpetual, irrevocable and royalty-free licence to use that content for the purposes of providing you with the App and the Services.

18.1 You accept and acknowledge that the material and content in the App is for your own personal, lawful and non-commercial use and that you may only use such material and content for the purpose of using our App.

19. Availability of App and Services

19.1 We would like to make the Services available 24 hours a day, seven days a week, except for planned or unplanned maintenance, however we do not make any guarantees as to availability. We shall try to ensure that all maintenance is carried out during reasonable hours and you agree that we may take the Services offline when we do so.

19.2 We reserve the right to modify or terminate the App or the Services, to limit or deny your access to the App or Services, at any time, in its sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Services at any time.

19.3 We may cease to offer the App and/or Services at any time for any reason, with or without notice to you and we do not make any representations, promises or guarantees in relation to the availability of the App or the Services at any time.

19.4 The App and Services are provided on an ‘as is’ and ‘as available’ basis and to the extent permitted under Scots law, without warranties of any kind. We make no warranty that the App and Services shall meet your requirements or that it will be error free. By accepting this Agreement, you understand that the App and Services may contain bugs, errors and other problems. You accept responsibility for risks and costs associated with your use of the App and Services, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of your device and peripherals, and any damage to any equipment, software, information or data. In addition, BEYOUROWN is not obliged to provide any maintenance, technical or other support for the Services.

20. Our responsibility for loss or damage suffered by you

20.1 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 our 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.

20.2 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 or for fraud or fraudulent misrepresentation.

20.3 when we are liable for damage to your property

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation for the repair or replacement value. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

20.4 we are not liable for business losses

The App is 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.

20.5 we are not liable for any acts or omissions of Salon Service Providers

All Salon Service Providers that you connect with using our App are independent entities and we are not responsible or liable for any act or omission on their part, or the quality of the work that your receive from a Salon Service Provider as a result of subscribing to our App, or for any of the content on their websites, including but not limited to personal injury or product liability claims, or loss or damage suffered by you. You understand that your use of the services provided by Salon Service Providers is entirely at your own risk and subject to the terms of the contract that you agree with the Salon Service Provider. You should read the terms and conditions of the Salon Service Providers carefully.

21 Limitations to the App and the Services.

21.1 please back-up content and data used with the App

We recommend that 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.

21.2 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 the facilities and functions of the App and the Services (as described on the appstore site) meet your requirements.

21.3 we are not responsible for events outside our control

If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will 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.

22. We may end your rights to use the App and the Services if you break these terms

22.1 We may end your rights to use the App and Services at any time by contacting you if you have broken 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.

22.2 If we end your rights to use the App and Services:

22.2.1 you must stop all activities authorised by these terms, including your use of the App and any Services;

22.2.2 you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this;

22.2.3 we may remotely access your devices and remove the App from them and cease providing you with access to the Services.

23 We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

24 You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

25 No rights for Third Parties

This agreement does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any term of this agreement.

26 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 are unlawful, the remaining paragraphs will remain in full force and effect.

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

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, 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.

28 Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England and Wales you can bring legal proceedings in respect of the products in either the Scottish or the English and Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.

29 Alternative Dispute Resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (the “ODR“). We will engage with disputes raised by you to the ODR.