Proxi Terms of Service

BY USING THE PROXI MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE WHICH INCLUDE, IN PARTICULAR, THE PRIVACY POLICY DEFINED IN TERM 2.5 AND LIMITATIONS OF LIABILITY IN TERM 7.1.

1. User Agreement

1.1. These Terms of Service constitute an agreement between You (the ‘user’) and Emux Technologies Limited (‘Emux’, ‘Us’ or ‘We’) that governs the use of the Proxi mobile application (‘Proxi’, the ‘service’), and has been entered into on the date of the first download of Proxi by You. By using the service, You agree that You have read, understood and accepted the terms in these Terms of Service. If You do not agree with any of these Terms of Service, please do not use the Proxi mobile application. Emux licenses the use of Proxi to You on the basis of this Agreement and subject to any rules or policies applied by any mobile application market provider or operator from whose service You downloaded Proxi (the ‘publisher’).

1.2. The language of these Terms of Service is in English (United Kingdom) and any translations made are for reference only and are not in effect. If there are any inaccuracies with the translated versions of these Terms of Service, the English (United Kingdom) version controls.

1.3. These Terms of Service, its subject matter and its formation, are governed by English law.

2. Acknowledgements

2.1. The terms of this Agreement apply to Proxi and include any updates or supplements to Proxi. If any open-source software is included in Proxi, the terms of an open-source licence may override some of the terms of these Terms of Service.

2.2. We may change these Terms of Service at any time. The new Terms of Service may be displayed on-screen and Your continued use of Proxi implies that You have read, understood and accepted the modifications and amendments to these Terms of Service.

2.3. From time to time, updates to Proxi may be issued through the publisher and You may not be able to use Proxi until You have downloaded the latest version and accepted any new terms in these Terms of Service.

2.4. You accept responsibility in accordance with the terms of this Agreement for the use of Proxi on or in relation to any device, whether or not it is owned by You.

2.5. The terms of Emux’s privacy policy from time to time (‘Privacy Policy’), available at https://emux.app/privacy, are incorporated into these Terms of Service by reference. Additionally, by using Proxi, You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using Proxi may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

2.6. Proxi may contain links to other independent third-party websites (the ‘third-party sites’). Third-party sites are not under Emux’s control, and We are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make Your own independent judgement regarding Your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

3. Grant and Scope of Licence

3.1. In consideration of You agreeing to abide by the terms of these Terms of Service, We grant You a non-transferable, non-exclusive licence to use Proxi, subject to these Terms of Service, the Privacy Policy and the rules and policies of the publisher, incorporated into this Agreement by reference. We reserve all other rights.

3.2. You may download Proxi onto an iPhone® or Android™ device, in line with the operating system requirements set out in these Terms of Service and view, use and display Proxi on such devices for Your personal purposes only.

4. Licence Restrictions

4.1. Except as expressly set out in these Terms of Service or as permitted by any local law, You agree:

  1. not to copy, share or otherwise redistribute Proxi except where such copying is incidental to its normal use, or where it is necessary for the purpose of back-up or operational security;
  2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify Proxi;
  3. not to make alterations to, or modifications of, the whole or any part Proxi, or permit it or any part of it to be combined with, or become incorporated in, any other programs;
  4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of Proxi or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of Proxi with another software program, and provided that the information obtained by You during such activities:
    1. is used only for the purpose of achieving interoperability of Proxi with another software program;
    2. is not unnecessarily disclosed or communicated without Emux’s prior written consent to any third party; and
    3. is not used to create any software that is substantially similar to Proxi;
  5. to keep all copies of Proxi secure and to maintain accurate and up-to-date records of the number and locations of all copies of Proxi;
  6. to include Emux’s copyright notice on all entire and partial copies You make of Proxi on any medium;
  7. not to provide or otherwise make available Proxi in whole or in part (including object and source code), in any form to any person without prior written consent from Us; and
  8. to comply with all technology control or export laws and regulations that apply to the technology used or supported by Proxi.

5. Acceptable Use Restrictions

5.1. You must:

  1. not use Proxi in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into Proxi or any operating system;
  2. not infringe Emux’s intellectual property rights or those of any third party in relation to Your use of Proxi (to the extent that such use is not licensed by these Terms of Service);
  3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of Proxi;
  4. not use Proxi in a way that could damage, disable, overburden, impair or compromise Emux’s systems or security or interfere with other users; and
  5. not collect or harvest any information or data from Proxi or attempt to decipher any transmissions to or from the servers running Proxi.

6. Intellectual Property Rights

6.1. You acknowledge that all intellectual property rights in Proxi anywhere in the world belong to Us or Emux’s licensors, that rights in Proxi are licensed (not sold) to You with respect to Term 1.2, and that You have no rights in, or to, Proxi other than the right to use it in accordance with the terms of these Terms of Service.

6.2. You acknowledge that You have no right to have access Proxi in source-code form.

7. Limitation of Liability

7.1. THE PRODUCTS AND SERVICES MANAGED BY EMUX TECHNOLOGIES ARE PROVIDED ‘AS IS’, WITHOUT ANY WARRANTY OF ANY KIND. IN NO EVENT SHOULD EMUX TECHNOLOGIES, ITS CONTRIBUTORS OR ITS COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIMS, DAMAGES OR OTHER LIABILITIES, ARISING FROM, OR IN CONNECTION WITH THE USE OR DEALINGS OF EMUX TECHNOLOGIES’S PRODUCTS AND SERVICES.

7.2. You acknowledge that Proxi has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that its functions meet Your requirements.

7.3. We do not warrant that any information provided, whether originating from Us or a third party, is true or accurate and We exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of that information.

7.4. The information provided by Proxi is provided for general information only. Please note that Proxi shall not be construed as a medical tool of any sort. It is not intended to amount to advice on which You should rely. If You have any questions or concerns about the content within Proxi We recommend You seek professional or specialist advice before taking, or refraining from, any action on the basis of the content of Proxi.

7.5. Devices may vary in their ability to track information, therefore Proxi may not provide consistent and accurate information at all times.

7.6. Although We make reasonable efforts to update the information in Proxi, We make no representations, warranties or guarantees, whether express or implied that the content of Proxi is accurate, complete or up-to-date.

7.7. You acknowledge that the information may be updated, altered or removed, from time to time, at any time, without notice to You.

7.8. We are not responsible for any data usage, roaming or other charges You incur when accessing the internet through Your mobile or other device.

7.9. We only supply Proxi for private use. You agree not to use Proxi for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.10. We are only responsible for loss or damage You suffer that is a foreseeable result of Emux’s breach of these Terms of Service or Emux’s negligence up to the limit specified in Term 7.11, but We are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of Emux’s breach or if they were contemplated by You and Us at the time We granted You these Terms of Service.

7.11. Our maximum aggregate liability under or in connection with these Terms of Service whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to allowing You to download another copy of Proxi. This does not apply to the types of loss set out in condition.

7.12. Nothing in this Agreement shall limit or exclude Emux’s liability for:

  1. death or personal injury resulting from Emux’s negligence;
  2. fraud or fraudulent misrepresentation; and
  3. any other liability that cannot be excluded or limited by English law.

8. Termination

8.1. We may terminate this Agreement immediately, if You commit a material or persistent breach of these Terms of Service or if You breach any of the Licence Restrictions or the Acceptable Use Restrictions.

8.2. On termination for any reason:

  1. all rights granted to You under this Agreement shall cease;
  2. You must immediately cease all activities authorised by this Agreement; and
  3. You must immediately delete or remove Proxi from all of Your devices, and immediately destroy all copies of Proxi in Your possession, custody or control and certify to Us that You have done so.

9. Contact

9.1. If You wish to contact Us in writing You can do so via email at hi@emux.app.

10. Events Outside of Emux's Control

10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Emux’s obligations under these Terms of Service that is caused by any act or event beyond Emux’s reasonable control, including failure of public or private telecommunications networks (‘Events Outside of Emux’s Control’).

10.2. If an Event Outside of Emux’s Control takes place that affects the performance of Emux’s obligations under these Terms of Service:

  1. Emux’s obligations under these Terms of Service will be suspended and the time for performance of Emux’s obligations will be extended for the duration of the Events Outside of Emux’s Control; and
  2. We will use Emux’s reasonable endeavours to find a solution by which Emux’s obligations under this Agreement may be performed despite the Events Outside of Emux’s Control.

11. Miscellaneum

11.1. We may transfer Emux’s rights and obligations under these Terms of Service to another organisation, but this will not affect Your rights or Emux’s obligations under these Terms of Service.

11.2. You may only transfer Your rights or obligations under these Terms of Service to another person if We agree in writing.

11.3. If We fail to insist that You perform any of Your obligations under these Terms of Service, or if We do not enforce Emux’s rights against You, or if We delay in doing so, that will not mean that We have waived Emux’s rights against You and will not mean that You do not have to comply with those obligations.

11.4. Each of the conditions of these Terms of Service operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

End of Terms of Service.