Terms of Service
Here's the legal bit
Thanks for using our service! Breezer is brought to you by Breezer Ltd. By using Breezer and any other products or services that we or our service providers offer you over your computer or the Breezer mobile app on mobile and tablet devices (the Mobile App), you are entering into a binding legal agreement with us, in which you agree to be subject to and bound by: (i) these Terms of Service; and (ii) our Privacy Policy; and (iii) our Acceptable Use Policy.
If you are unwilling or unable to be bound by these Terms of Service, please don't use the Service.
We sometimes use specially-defined terms in these Terms of Service. When we do, we will capitalize that term once we've defined it. For example, when we use the word "Service," we collectively mean Breezer, and any other associated products or services that we or our service providers might offer, including the Mobile App.
1. User Accounts
To use the Service, you will need to create an account with us and provide certain information about yourself, including your name and mobile phone number. Unless you are a parent who is creating an account for a child who is 13 or older, you agree not to create an account on behalf of anyone other than yourself, and you agree to provide accurate, current and complete information. You are responsible for maintaining the confidentiality of your account. You agree that you are solely responsible for any activities that occur in connection with your account, whether or not you have authorized such activities. You agree to notify us immediately of any unauthorized use of your account.
2. Using our Service
a. Mobile Services and Applications
Subject to your compliance with these Terms of Service, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to download and install a copy of the Breezer application which allows you to access and use the Breezer Service on mobile and desktop devices that you own or control. You may use those copies of the Mobile App solely for your own personal, non-commercial use. We reserve all rights in the desktop and Mobile App not expressly granted to you by these Terms of Service.
b. Third Party Links
The Service may contain links to websites or applications offered by third parties, including advertisements ("Third Party Sites"). We don't control or endorse Third Party Sites. Your use of any Third Party Site is entirely at your own risk.
3. Content
a. Definitions
"Content" means text, images, website links, photos, audio, video, location data, usernames, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Service. "User Content" means Content that users (other than yourself) submit or transmit to, through, or in connection with the Service. "Breezer Content" means Content that we create and make available in connection with the Service. "Third Party Content" means Content that originates from parties other than Breezer or its users, which is made available in connection with the Service.
b. Responsibility for Your Content
You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance upon its quality, accuracy, or reliability, or any disclosure you make that makes you personally identifiable. You acknowledge that you own, or have the necessary permissions to use and/or authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Breezer. You acknowledge that you may expose yourself to liability if: Your Content contains material that is false, intentionally misleading, or defamatory; violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including, but not limited to hate speech or spam; exploits or otherwise harms anyone; and violates or advocates the violation of any law or regulation.
c. Our rights to use Your Content
We may use Your Content in a variety of different ways as permitted by our Privacy Policy, including publicly displaying it, reformatting it, incorporating it into reports, collections, marketing materials and other works, creating derivative works, summaries, or aggregations from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you grant us (Breezer, its parent, subsidiaries, and affiliates) the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (through multiple tiers), transferable right to use Your Content for any purpose (including, without limitation, the rights to use, reproduce, publicly perform or display, distribute, adapt, publish, modify, translate, incorporate into other works in any form, media, or technology, and create derivative works of Your Content, in whole or in part, throughout the world in any media). Finally, you irrevocably waive, and cause to be waived, against Breezer and its users any claims and assertions of moral rights or attributes with respect to Your Content.
We gather and compile information and data about our users and their usage of the Service on a collective basis, in a manner which does not disclose or reveal any personally identifiable information about individual users. You understand, acknowledge, and agree that we are the sole owners of all such aggregated, anonymous data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we see fit, throughout the world, in any media or form.
d. Removing Content
We reserve the right to remove, screen, edit, or disable access to any of Your Content, without notice to you, that we consider, in our sole discretion, to be in violation of these Terms of Service or otherwise harmful to the Breezer Service.
e. Reporting violations
While we are under no obligation to review Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties, and we may cooperate with such authorities as they may request, all without liability to us.
f. Ownership
As between you and Breezer, you own Your Content. We exclusively own the Breezer Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Service (excluding Your Content, User Content and Third Party Content).
We, or our licensors also own the copyrights, trademarks, patents, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP" Rights) associated with the Breezer Content and the Service. These Terms of Service do not grant you any right, title, or interest in the Breezer Service, Network, or Content. You understand and agree that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any Content that is not Your Content (including, without limitation, the Breezer Content, other User Content, or Third Party Content), in whole or in part, except as expressly authorized by the owner of the Content.
4. Feedback
We welcome your feedback, ideas, proposals, comments and suggestions for improving our Service (collectively, "Feedback"). By sending us Feedback, you agree that: (i) your Feedback doesn't contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, expressed or implied, with respect to your Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; (iv) we own all right, title and interest in and to your Feedback, even if you have designated it as confidential; and (v) we are free to use the Feedback for any purpose, without any restriction or compensation to you. You hereby irrevocably assign all right, title and interest in and to the Feedback to us.
5. Restrictions
We are under no obligation to enforce these Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated these Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion. You agree to comply with all of the terms, conditions, and restrictions set forth in the Acceptable Use Policy. The Acceptable Use Policy is part of these Terms of Service, and is incorporated here by reference. The restrictions set forth in the Acceptable Use Policy apply only to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us at the address provided below, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
6. Communications from Breezer and Others
By creating an account, you agree to receive certain communications from us, other users, advertisers, our partners, and service providers in connection with the Service. In certain cases, you will have the option to "opt out" of receiving certain communications. Please review our Privacy Policy for more information on the types of communications you may receive, and whether you can opt out from receiving them.
7. Privacy Policy
Breezer takes your privacy seriously. We have created a Privacy Policy to inform you about the kind of information we may collect and the ways we may use it. Please review our Privacy Policy carefully.
You represent that you have read, understood, and agreed to the terms of our Privacy Policy, which is incorporated herein by reference and made a part of these Terms of Service.
8. Copyright and Trademark Disputes
We respect copyright law and expect our members to do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of registered members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
9. Indemnity
You agree to indemnify and hold Breezer, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable legal and accounting fees) in any way related to or arising out of: (i) your access to or use of the Service, (ii) Your Content, (iii) your violation of any of these Terms of Service; or (iv) the infringement by you, or anyone using your account, of the intellectual property rights or other rights of any person or entity. Breezer reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims at your expense. You agree not to settle any matter for which you are required to indemnify us without our prior written consent in each case. We will use reasonable efforts to notify you of any such claim, action, or proceeding once we become aware of it; however, our failure to notify won't affect your obligations hereunder (except to the extent that our failure to notify you materially prejudices your ability to defend the claim).
10. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY, SINCE IT LIMITS THE LIABILITY OF BREEZER. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A. YOU AGREE THAT THE SERVICE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK (INCLUDING, WITHOUT LIMITATION, THE RISK THAT YOU MIGHT BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, INACCURATE, OBJECTIONABLE, OR OTHERWISE INAPPROPRIATE). WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE SAFETY OR SECURITY OF THE SERVICE, OR ANY CONTENT INCLUDED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE.
B. WE MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OF THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH A THIRD PARTY ON THE SERVICE).
C. YOU AGREE THAT OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES OR CONTENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF (I) THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO BREEZER IN CONNECTION WITH THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) £100.
D. BREEZER DISCLAIMS ALL LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO REPUTATION TO YOU OR ANY THIRD PARTY, INABILITY TO USE THE SERVICE, COSTS OF PROCURING SUBSTITUTE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, LOSS OF INFORMATION OR DATA, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES), WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICE OR CONTENT, EVEN IF BREEZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11. Our Policy Toward Children
Our Service is not directed to children under the age of 13, and we do not knowingly collect, solicit, or store personally identifiable information from, or about children under the age of 13. For that reason, we ask you to confirm your age when you sign up for the Service by providing an accurate age. If a parent or guardian becomes aware that his or her under 13 child has provided us with personally identifiable information without his or her consent, he or she may delete the child's entire account, by selecting the "Delete Account" option in the child's Breezer app settings or alert us at hey [at] breezer [dot] app.
12. Governing Law and Venue
These Terms of Service are governed by the laws of the Great Britain and Northern Ireland. For any claim, cause of action, or dispute that may arise between us, you accept the exclusive jurisdiction of the courts located in Great Britain and Northern Ireland. Notwithstanding anything to the contrary in these Terms of Service, we may seek injunctive or other relief in any county or national court of competent jurisdiction for any actual or alleged infringement of our or any third party's intellectual property and/or proprietary rights. Some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country and or require that their substantive laws, including privacy laws, apply. This section does not override those laws.
13. Termination
You may terminate these Terms of Service at any time by closing your account, discontinuing your use of the Service, and providing us with a notice of termination at the address provided below.
We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, without notice or liability of any kind (except as otherwise expressly provided in Section 2B of these Terms of Service). If we close or suspend your account for violating these Terms of Service, such closure or suspension shall be deemed a termination with cause. We may also modify or terminate the Breezer Service without prior notice.
In the event of termination, whether by you or us, Sections 1, 3, 4, 5, and 9 through 14 of these Terms of Service will continue in full force and effect, including our right to use Your Content as detailed in Section 3C.
14. General
We may provide you with notices by email, regular mail, push notifications or communications through the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (to the email address or telephone number you provide in your account profile) satisfy any legal requirement that such communications be in writing.
You will comply with all applicable laws and regulations governing your use of the Service and posting of Your Content (including, without limitation, all applicable laws governing export control). In particular, but without limitation, you agree that:
- If you are located in a country embargoed by the United Kingdom, you will not engage in commercial activities on or with Breezer;
- You will not export or re-export the Services or the Mobile App into any United Kingdom embargoed countries where receiving products, services, or software from the United Kingdom is prohibited.
By using the Services or the Mobile App, you represent and warrant that (i) you are not located in a country that is subject to a U.K. Government embargo that prohibits receiving products, services, or software from the United Kingdom, or that has been designated by the U.K. Government as a "terrorist supporting" country and (ii) you are not listed on any U.K. Government list of prohibited or restricted parties. You will also not use the Services or the Mobile App for any purpose prohibited by U.K. law, including, but not limited to the development, design, manufacture or production of missiles, nuclear, chemical, or biological weapons.
You may not assign, transfer, or sublicense these Terms of Service without our prior written consent. We may assign, transfer, or sublicense these Terms of Service without restriction, and without notice to you. Any assignment, transfer, or sublicense attempted in violation of these Terms of Service will be void.
These Terms of Service constitute the entire agreement between you and us regarding your use of the Service, and supersede any prior or contemporaneous agreements between you and us regarding the Service. The parties acknowledge that no reliance is placed upon any representation made, but not expressly contained in these Terms of Service.
Our failure to enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision on our part.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be unenforceable, the remaining portions will remain in full force and effect, and any unenforceable portion will be construed and enforced in a manner that most closely reflects the intent of the original language.
The parties are independent contractors, and nothing in these Terms of Service is intended to or shall create any type of joint venture, partnership, employer/employee, fiduciary, or franchise relationship between us.
15. Modifications
We may modify these Terms of Service from time to time. If a change reduces your rights in a meaningful way, we will notify you, such as by mail or a notice when you sign in. Other changes will be posted to our Policies page, and these Terms of Service will indicate the date of the latest revision. You should check these Terms of Service on a regular basis. You understand and agree that your continued use of our Service after any posted modification to these Terms of Service indicates your acceptance of those modifications.
16. Contact Us
If you have any questions about the Service, these Terms of Service, the Acceptable Use Policy, or the Privacy Policy, please contact us at hey [at] breezer [dot] app
Breezer Ltd
Last updated: 11th September 2020