Terms of Service

#1. Who we are

Dialem is operated by Studio 404 Development Ltd, a company registered in England and Wales under number 17241297, whose registered office is 344 Oldfield Road, Altrincham, England, WA14 4QS.

In these terms, “we”, “us” and “our” mean that company. “You” means the person or organisation that opened the account. “Dialem” or “the Service” means the web application, the mobile application, the APIs, and anything else we make available under the Dialem name.

#2. What you are agreeing to

These terms, together with the documents listed below, form the whole agreement between you and us. There is no separate signed contract unless we have expressly entered into one with you in writing.

“Your Plan” is deliberately not written out here. It means whatever was presented to you at the point you signed up or bought - the pricing page, the trial terms, the in-app purchase confirmation, or an order form. We change prices and packaging without amending this contract; what we cannot do is change the price of something you have already bought without telling you first (see section 13).

#3. Accepting these terms

You accept these terms by ticking the box that says so when you create an account or join a team, or when we ask you to accept an updated version. We record when you did, which version you accepted, and the address you did it from. Using Dialem, or allowing anyone on your team to, also counts as acceptance. If you do not accept them, do not use the Service.

If you are accepting on behalf of a company, partnership or other organisation, you confirm you have authority to bind it, and “you” means that organisation. If you do not have that authority, you must not accept these terms.

#4. Business customers

Dialem is built and sold as a business tool. Unless section 5 applies to you, you confirm that you are using it wholly or mainly for purposes related to your trade, business, craft or profession, and that you are therefore a business customer.

That confirmation matters. As a business customer you agree that the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to this agreement, and that the limits, exclusions and indemnities in Part F apply to you in full.

#5. If you are a consumer

You are a consumer if you are an individual using Dialem wholly or mainly outside your trade, business, craft or profession. Most people using a sales dialer are not consumers, and a sole trader dialling their own leads is acting for business purposes and is a business customer. But if you genuinely are a consumer, then:

• Your statutory rights are untouched. We must supply the Service with reasonable care and skill, within a reasonable time, and as described. Nothing here excludes or limits that, and we cannot ask you to give it up.
• You have 14 days to change your mind about any paid subscription or number purchase, starting the day the contract is made. To cancel, tell us at tombrookes06@gmail.com or through the support form. You do not have to give a reason.
• If you asked us to start immediately - which happens the moment you buy a number, because the number goes live at once - you still have those 14 days, but you must pay a proportionate amount for what you used before you cancelled. If the service has been fully performed within the 14 days at your express request, the right to cancel is lost.
• The indemnity in section 33 does not apply to you. It binds business customers only.
• The liability cap in section 34 does not apply to you. Instead, we are liable for loss that is a foreseeable result of our breach, and not liable for loss that is not foreseeable. We do not exclude liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to exclude.
• You keep your local courts. See section 40.

Everything else in this document - in particular the rules in Part D about who you are allowed to contact - applies to you just as it does to everyone else. Consumer status protects you from unfair contract terms. It does not permit you to make calls you were not entitled to make.

#6. Eligibility and access

You must be at least 18 to use Dialem. Access may be gated: at various points we have run it as a private beta, issued access codes by hand, and required an email address to be verified before an account becomes usable. We can operate, change or remove any of those gates at will.

We may refuse to open an account, or close one, without giving a reason - subject to section 31 and section 32, which set out what happens to your data and your money if we do.

#7. Your account, and keeping it secure

You are responsible for everything done through your account, whether or not you did it and whether or not you authorised it. In particular you must:

• Keep passwords, invite links, access codes, API credentials and mobile session tokens confidential, and not share a login between people. Give each person their own seat.
• Tell us at once, at tombrookes06@gmail.com, if you believe an account, a device or a credential has been compromised - particularly a device signed into the mobile app, which holds a long-lived token and can place calls.
• Remove teammates promptly when they leave. A leaver with a live session can dial your customers and read your pipeline.
• Keep the credentials you connect to Dialem - your Twilio keys, your mailbox password, your Meta connection - valid, and revoke them with the provider if they leak.

We store connected credentials encrypted, and we store passwords only as a one-way hash. That protects them at rest. It does not protect you from someone who knows your password, so use a strong one and do not reuse it.

#8. Your team

The account owner may invite teammates. Everything a teammate does counts as being done by you: their calls are your calls, their texts are your texts, and their mistakes are your liability under this agreement.

You are responsible for making sure everyone you invite has been told what they may and may not do - especially the rules in Part D. In practice that means telling your agents about recording, about calling hours and about opt-outs before you hand them a headset, because the platform will let a properly-signed-in agent dial a number whether or not you briefed them.

Where you are an employer, the monitoring you carry out through Dialem - recordings, call statistics, presence, the scoreboard - is monitoring you are doing, not monitoring we are doing. Telling your staff about it, and having a lawful basis for it, is yours to handle.

#9. Trials, betas and free access

We may make Dialem available free, in beta, in a trial, or under an access code. Where we do:

• It is provided as is and with no commitment of any kind. We may change it, limit it, or withdraw it entirely, with or without notice.
• A trial converts to a paid plan only if that was made clear when you started it. Where it does convert, we will tell you before we charge, and you can cancel before the trial ends at no cost.
• New accounts get a 7-day free trial of Starter or Pro. We take a card when the trial starts and charge it for the plan when the trial ends, unless you cancel first. One trial per business: an account that has had a subscription before does not get another.
• Beta and pre-release features may be unstable, may lose data, and may be removed. Do not run something you cannot afford to lose on a feature we have labelled beta.
• Free access does not extend to numbers we sell you. Those are paid from the moment you buy them, trial or no trial.

#10. Fees

You pay the fees for Your Plan, in advance, in pounds sterling unless we have agreed otherwise in writing. Fees are non-refundable except where section 5 gives a consumer a cancellation right, where section 36 gives you a refund after a change we made, or where the law requires one.

Plans.Dialem is sold as Starter or Pro, each priced per agent per month. What each plan includes, its limits (such as the number of agents, funnels and lead sources) and its price are as shown on our pricing page when you subscribe or change plan. You can move between plans at any time; the difference is prorated on your next invoice. Moving to Starter requires your account to fit Starter’s limits first.

Minutes. Each plan includes a number of calling minutes per agent, pooled across your account for each billing period. A minute is time connected on a call, inbound or outbound; calls that are not answered do not count. We count minutes from our own call records, and our count is final unless it is clearly wrong. Unused minutes do not carry over.

UK numbers only. Calls can be made to UK numbers, except premium-rate numbers (starting 09), revenue-sharing numbers (0870 to 0873) and personal numbers (070). Calls to anything else are refused.

When the minutes run out, calls from your account are paused until your next billing period, unless you have turned on extra minutes. Extra minutes are off unless you, as the account owner, turn them on; when you do, we show you the price per minute first. Extra minutes are charged in arrears at that price and appear on your next invoice. You can turn them off at any time.

Texts sent from numbers we supply are included in both plans, for ordinary contact with your own leads and subject to section 22. Extra phone numbers are charged monthly at the price shown when you buy them.

If you connect your own Twilio account under section 14, Twilio bills you for carrying those calls directly.

All fees are exclusive of VAT, which we add at the applicable rate where we are required to charge it. If you are required to withhold any tax, you must gross up so that we receive the amount we would have received had no withholding applied.

If an invoice is not paid when due we may charge interest at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend the account under section 31. We will not do that without warning you first.

#11. Changing prices

We may change our prices. For a recurring charge you are already paying - a subscription, or the monthly rental on a number - we will give you at least 30 days’ notice by email before the new price applies, and the change takes effect at your next renewal, never mid-period.

If you do not want to pay the new price, cancel before it takes effect. Continuing to use the Service after that date is acceptance of it.

#12. Numbers you buy from us

You can buy a UK phone number through Dialem. This is the part of the agreement that behaves least like software, so it is worth reading properly.

The number is provisioned in a carrier subaccount that we hold with our upstream provider. You are renting it. You do not own it, and neither do we - UK numbers are a national resource allocated by Ofcom to communications providers, and they can be withdrawn or renumbered by the regulator or the range holder.

We may withdraw or change a number where the carrier or the regulator requires it, where it is necessary to stop fraud or abuse, or where you have not paid. Where we have any choice in the matter we will tell you first and help you move.

#13. Fraud, spend and suspension on numbers we supply

Because numbers we sell sit under our carrier account, traffic you generate is billed to us and recharged to you. Toll fraud - where someone compromises an account and dials expensive international or premium-rate destinations in volume - can run to thousands of pounds overnight.

So, as a condition of using a number we supply:

• You are liable for all charges incurred through your account, including charges from fraudulent or unauthorised use, unless the compromise was caused by our own breach of this agreement.
• We apply a spend cap as a tripwire. When it is hit we may notify you and suspend outbound traffic immediately, without waiting to hear back. A cap is not a credit limit and hitting it is not permission to spend up to it.
• We restrict which countries can be dialled, and may tighten that at any time without notice if we see a fraud pattern.
• We may suspend instantly, with no notice period, where we reasonably suspect fraud, where our carrier requires it, or where traffic from your account threatens our carrier relationship.

None of these are service levels and none are promises. They are protections for us, we may change or remove them, and you must not treat them as a substitute for securing your own account.

#14. Bringing your own carrier account

You can instead connect your own Twilio account. If you do, your relationship with Twilio is entirely yours: you contract with them, you are billed by them, you carry the fraud risk, and we are not a party to it. We will not have visibility of your bill and cannot resolve a dispute about it.

You must comply with Twilio’s own terms and acceptable use policy, and with the terms of any other service you connect - your email provider, and Meta’s platform terms where you connect lead ads. If one of those providers suspends you, Dialem will stop working in the ways that depend on them, and that is not a failure of the Service.

#15. Cancelling

You can cancel a subscription at any time. Cancellation takes effect at the end of the period you have paid for; we do not refund part months. Numbers follow section 12.

Consumers additionally have the 14-day right in section 5, which sits on top of this and is not replaced by it.

#16. You decide who gets contacted

You warrant, each time you use the Service, that:

• You have a lawful basis to contact each person, for the channel you are using, and can evidence it if a regulator asks.
• Any consent you rely on was freely given, specific, informed and recorded - and, where you bought or were given the data, that consent actually extends to you by name rather than to “selected partners”.
• You have screened against the Telephone Preference Service and Corporate TPS, or any equivalent register that applies where you are calling, unless you have consent that overrides it.
• You have given the privacy information the law requires you to give the people in your lists, and are honouring their rights.
• Your marketing complies with UK GDPR, PECR, the Data Protection Act 2018, Ofcom’s rules on persistent misuse, and any equivalent law wherever the people you contact are - including the TCPA and state law if you ever dial the United States.

#17. Do not contact

Dialem keeps a suppression list. Anyone who replies STOP to a text is suppressed automatically; anyone can also be added by hand, and we will add someone ourselves if they ask us directly. Suppression is keyed on the person - their phone number and email - not on a lead record, so it survives duplicates, re-imports and a fresh copy of the same list.

Suppression covers every channel. Someone who told you to stop calling has not invited an email instead, and Dialem will not let you send one.

You must not:

• Remove someone from the suppression list to contact them again, unless that person has themselves asked to opt back in.
• Work around suppression - a second account, a different number for the same person, a different channel, an export into another tool.
• Treat an opt-out as applying only to the campaign it arrived on.

Deliberately circumventing suppression is the one thing in this agreement most likely to get your account closed the same day, because it is the thing regulators punish hardest and it is done on purpose.

#18. Calling hours

Dialem enforces a calling window, defaulting to 8am–9pm in the recipient’s local time where it can work that out from the number, and in your account’s fallback timezone where it cannot. Calls outside the window are refused at the point of dialling.

You may widen or disable that window in settings. If you do, the legal consequences are entirely yours, and switching it off is not evidence that we agreed the calls were acceptable. Where the zone is a guess, the interface says so - and a guess is not a compliance record.

#19. Call recording

Dialem can record calls. If you turn recording on, you are the controller of those recordings and the legal duty to notify or obtain consent is yours.

Consent rules differ sharply by country and, in the United States, by state: some require only one party to know, others require every party to agree, and recording someone in a two-party state without telling them is a criminal offence in several. Financial services firms have their own recording and retention duties on top. Establishing which regime applies to a given call is your job, and you should assume it varies call by call.

Before recording can be enabled we show a notice setting this out and record who accepted it, when, and which version of the wording they agreed to. That record exists so that the allocation of responsibility here can be evidenced later. It is not legal advice, and accepting it does not make your recording lawful - only your own compliance does that.

#20. The AI assistant

Dialem can reply to inbound messages automatically, summarise calls, suggest next actions and book appointments, using a third-party language model. Where you switch that on:

• Its messages are your messages. They go out in your name, from your number, and you are as responsible for them as if you had typed them.
• It will get things wrong.Language models state incorrect things confidently. Do not use it where a wrong answer creates legal exposure - a price, a contractual promise, a regulated statement, anything about someone’s finances or health.
• It hands over. The assistant stops after a fixed number of replies in a conversation and waits for a human. That limit is enforced in our code rather than asked of the model, but it is a safeguard, not a guarantee of good behaviour in between.
• Disclosure is your call. Where the law or a platform requires you to tell someone they are talking to an automated system, you must do it. Do not configure the assistant to claim to be a named human being.
• It is bound by the same rules as you. Suppression and calling hours apply to what it sends. They are enforced at the point of sending, not in the prompt.

We do not use your data to train models, and neither does our provider under our contract with them; the provider retains it briefly for abuse monitoring. The current provider is named in the privacy policy, which is where that list is kept up to date.

#21. Acceptable use

You must not use Dialem to:

• Contact anyone you do not have a lawful basis to contact, including numbers on a preference register, purchased or scraped lists without valid consent, or numbers you obtained for a different purpose.
• Send anything unlawful, fraudulent, misleading, defamatory, harassing, or designed to deceive - including impersonating a bank, a government body, a courier, a utility or anyone else.
• Falsify or mislead as to calling line identity, or present a number you are not entitled to present.
• Make silent or abandoned calls, or dial in a way that leaves people answering to nobody - persistent misuse of a network is an offence Ofcom fines for.
• Send messages to premium-rate ranges, or generate traffic artificially to earn a share of the termination revenue.
• Continue contacting someone who has asked you to stop, or circumvent an opt-out by any means.
• Send malware, phishing links, or anything designed to compromise the recipient.
• Share a login, resell or sublicense the Service, or provide it as a service to a third party, without our written agreement.
• Copy, reverse-engineer or decompile the Service, or use it to build a competing product, or publish benchmarks of it without our consent.
• Probe, scan or test the security of the Service, or bypass its limits, rate limits, or the restrictions in Part D. Genuine security research is welcome - write to us first at tombrookes06@gmail.com.
• Upload personal data of a kind the Service is not built for - health records, criminal-offence data, children’s data, payment card numbers - into lead fields, notes or call scripts.

We do not monitor your calls to enforce this, and nothing in this section means we have reviewed what you are doing. But where we do become aware of a breach, section 31 applies.

#22. Fair use and limits

The Service is rate-limited and has finite capacity. We may impose limits on calls, messages, storage, API requests, imports, concurrency and seats, and change them where necessary to keep the platform stable for everyone.

Included texts are for contacting your own leads in the ordinary course of selling to them. Sending bulk marketing volumes may be limited, or charged for after we have told you.

Where a limit is part of Your Plan we will tell you before enforcing a new one. Where it is an anti-abuse limit - a burst of imports, a runaway integration, an automated dialling pattern that looks like a fault - we may apply it immediately.

#23. Your data is yours

You own everything you put into Dialem and everything it generates for you: your leads, notes, call recordings, transcripts, messages, scripts, flows and statistics (“Your Data”). We claim no ownership of it.

You grant us a licence to host, copy, transmit, display and process Your Data strictly to operate the Service for you, to keep backups, to prevent abuse, and to provide support when you ask for it. That licence lasts as long as we hold the data and no longer. We do not sell it, we do not use it to train models, and we do not use one customer’s data to benefit another.

We may produce aggregated, fully anonymised statistics about how the Service is used - volumes, error rates, feature usage - provided they cannot identify you, your team or anyone you have contacted, and provided they are not derived from the content of calls or messages.

#24. Data protection: which of us is which

This is the single most consequential distinction in the agreement, and it is set out in full in the privacy policy. In summary:

Where we are your processor, our Data Processing Agreement is the Article 28 contract between us, brought into these terms by section 25. You do not need to send us your own data processing agreement, though we will look at one if your procurement team insists.

#25. Processing terms (Article 28)

Where we process personal data on your behalf as your processor, our Data Processing Agreement applies. It is incorporated into these terms by reference and forms part of this agreement, so you do not need to sign it separately or ask us for a copy.

It contains everything Article 28 of the UK GDPR requires: that we act only on your documented instructions, the confidentiality obligations on our people, the security measures we perform, the conditions on sub-processors and your right to object to a new one, how we assist you with data subject requests and breach reporting, what happens to your data when you leave, and your audit rights.

Annex III of that agreement names every sub-processor and what each one receives. We give 30 days’ notice before adding one.

Where the Data Processing Agreement and these terms conflict on the processing of personal data, the Data Processing Agreement wins.

You warrant that your instructions to us are lawful, and that you have the lawful basis and notices required for us to process the data as described. If an instruction from you would breach data protection law, we may refuse it and will tell you why.

#26. Erasure requests

When someone asks you to delete everything you hold about them, deleting the lead record is not enough. By design, deleting a lead leaves their messages, calls and recordings behind with the name detached - which is right for tidying a pipeline and wrong for a legal erasure request.

Dialem has a separate erasure function that removes the person across every record and deletes the audio from the carrier as well. Use that one for a right-to-erasure request. If you are unsure, ask us through the support form and we will run it for you.

Anyone - customer or not - may write to tombrookes06@gmail.comto ask what we hold about them and to have it deleted. If they were in your lists, we will normally pass the request to you as controller, and you must deal with it within the statutory time limit. If you do not, we may act on it ourselves to protect the individual’s rights and our own position.

#27. Our intellectual property

We own the Service - the software, the interface, the documentation, the name and the branding - and everything in it except Your Data. You get a non-exclusive, non-transferable, revocable licence to use it for your own business, for as long as this agreement lasts and you are paid up.

Nothing else is granted. In particular you may not use our name or marks without permission, except to state factually that you use Dialem.

#28. Feedback

If you send us an idea, a bug report or a feature request, we may use it without restriction, without payment, and without attribution. We will not treat it as confidential. Do not send us something you need to keep or be paid for.

#29. Confidentiality

Each of us may learn things about the other that are obviously confidential. Neither will disclose them, except to people who need to know and are under equivalent obligations, or where the law requires it. This does not cover information that is public, already known, or independently developed.

Your Data is your confidential information. The non-public parts of the Service are ours.

#30. What we do and do not promise

We provide the Service with reasonable care and skill. Beyond that, and beyond anything the law will not let us exclude:

• We do not guarantee uptime. There is no service level, no availability percentage and no service credits. We will make reasonable efforts to keep it running and to keep maintenance short, but we may take it down when we need to.
• We do not guarantee call quality or delivery. Calls, texts and emails cross networks we do not control. Messages are filtered or blocked by carriers for reasons they do not explain to us.
• We are not responsible for third parties. If your carrier, your email provider, Meta, an app store or our hosting provider fails, changes its rules, or suspends you, the Service will degrade accordingly, and that is not our breach.
• We do not promise the Service is error-free, that it fits a purpose you have in mind, or that its compliance features make you compliant. They are tools that help. They are not a legal opinion and they are not a defence.
• We give no legal advice. Nothing in the product or this document is advice on whether you may call someone, record them, or market to them.

All warranties, conditions and terms implied by statute or common law are excluded to the fullest extent the law permits - except as against a consumer, where section 5 applies.

#31. Suspension

We may suspend your account, or part of it, immediately where:

• We reasonably suspect fraud, toll fraud, or unauthorised access.
• You are in material breach of Part D, or we receive complaints or a regulator or carrier contacts us about your traffic.
• An invoice is overdue and you have not paid after we asked.
• Continuing would expose us, our carrier or another customer to legal risk or service disruption.

Where circumstances allow, we will warn you first and give you a chance to fix it. Where they do not - live fraud, a carrier demand, an ongoing breach of the law - we will suspend first and tell you immediately afterwards, with the reason.

Suspension does not stop fees accruing, unless the suspension was our fault.

#32. Ending the agreement, and getting your data out

You may close your account at any time. We may end this agreement on 30 days’ notice, or immediately if you materially breach it and either cannot or do not fix it within 14 days of being asked.

When it ends:

• Access to the Service stops at the end of the period you have paid for.
• You have 30 days to export Your Data. Leads, calls, messages and recordings. Ask us through the support form if you need help getting it out.
• After 30 days we delete it, including deleting call recordings from the carrier. Backups age out on their own cycle shortly afterwards. Deletion is permanent and we cannot reverse it.
• Numbers are released per section 12. Port first.
• Fees already due remain payable. We do not refund the unused part of a period unless we ended the agreement without cause.

Sections that by their nature should survive - fees owed, confidentiality, IP, indemnities, liability, and governing law - do survive.

#33. Your indemnity

This section applies to business customers only. If you are a consumer, section 5 disapplies it entirely.

You will indemnify us, and keep us indemnified, against all losses, fines, penalties, damages, costs and expenses (including reasonable legal fees) we incur arising out of:

• Your use of the Service in breach of Part D - who you contacted, when you called them, whether you recorded them, and what your assistant said in your name.
• Any claim by a person you contacted, or by a regulator including the ICO, Ofcom or an overseas equivalent, relating to your marketing or your handling of their data.
• Charges incurred through your account, including fraudulent traffic, per section 13.
• Your breach of a third-party provider’s terms where we are penalised for it.
• Your infringement of anyone’s intellectual property.

This indemnity is not subject to the cap in section 34. We will tell you promptly about any claim, will not settle it without asking you, and will let you control the defence if you confirm the indemnity applies.

#34. Our liability

Nothing in this agreement limits our liability for:

• Death or personal injury caused by our negligence;
• Fraud or fraudulent misrepresentation;
• Anything else that cannot lawfully be limited - including, for consumers, the statutory rights in section 5.

Subject to that, and as against a business customer:

• We are not liable for indirect or consequential loss, nor for loss of profit, revenue, business, contracts, opportunity, anticipated savings, goodwill or reputation, however caused.
• We are not liable for lost or corrupted data beyond restoring from our most recent backup. Keep your own exports of anything you cannot lose.
• We are not liable for regulatory fines imposed on you for your own calling.
• Our total liability is capped at the fees you paid us in the 12 months before the claim arose. If you have paid us nothing - on a free plan, a trial or a beta - that cap is zero, and free access is offered on that understanding.

Each of these applies separately. If one is held unenforceable, the rest stand.

#35. Force majeure

Neither of us is liable for failing to perform because of something genuinely beyond our reasonable control - including network and carrier failures, hosting outages, cyber-attack, power failure, industrial action, government action or natural disaster. Paying money owed is not excused by this section.

#36. Changes to these terms

We may change these terms. For any change that materially affects your rights we will give at least 30 days’ notice by email or in the app before it takes effect. Smaller changes - corrections, clarifications, a renamed feature - take effect when posted.

If you do not accept a material change, stop using the Service and cancel before it takes effect; if you have paid in advance for a period extending beyond that date, we will refund the unused part. Continued use after the date is acceptance.

We keep the version number and effective date at the top of this page current, so you can tell whether what you agreed to has moved.

#37. Notices

Notices to you go to the email address on your account - keep it current, because a notice sent there counts as received even if nobody is reading that inbox. Notices to us go to tombrookes06@gmail.com, and for anything formal, also by post to Studio 404 Development Ltd, 344 Oldfield Road, Altrincham, England, WA14 4QS.

#38. General

• Assignment. You may not transfer this agreement without our written consent. We may transfer it to a group company or to a buyer of the business, provided your rights are not prejudiced.
• Subcontracting. We may use subcontractors, and remain responsible for what they do.
• Entire agreement. This is the whole agreement between us and replaces anything said beforehand. Neither of us relies on any statement not written here - but nothing excludes liability for fraudulent misrepresentation.
• Severance. If any part is unenforceable, it is cut back to what is enforceable, or removed. The rest continues.
• No waiver. Not enforcing something once does not waive it.
• No partnership. Nothing here makes us partners, agents or employer and employee.
• Third parties. Nobody other than you and us has rights under this agreement, and the Contracts (Rights of Third Parties) Act 1999 does not apply.
• Sanctions and export. You confirm you are not subject to UK, EU or US sanctions, and will not use the Service in breach of them.

#39. Mobile apps

The Dialem mobile app is licensed, not sold, on the same terms as the rest of the Service, and is also subject to the rules of the store you got it from.

Where you obtained it from the Apple App Store: this agreement is between you and us, not Apple; Apple has no obligation to support it; Apple is not responsible for any claim about the app; and Apple and its subsidiaries are third-party beneficiaries of this section with the right to enforce it. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any - that is the extent of Apple’s obligation.

#40. Governing law and disputes

This agreement, and any dispute arising out of it including non-contractual ones, is governed by the law of England and Wales.

Business customers: the courts of England and Wales have exclusive jurisdiction.

Consumers: you may bring proceedings in the courts of the part of the United Kingdom where you live, and the law of that part applies if you live in Scotland or Northern Ireland. You do not lose the protection of any mandatory law of your home country.

Before either of us starts proceedings, please raise it with us first at tombrookes06@gmail.com. Almost everything is cheaper to resolve in an email than in a courtroom.

#41. Contact us

tombrookes06@gmail.com
Studio 404 Development Ltd, 344 Oldfield Road, Altrincham, England, WA14 4QS

For privacy questions, use tombrookes06@gmail.com or read the privacy policy. For anything else, use the support form.