PART A OF THE TERMS OF SERVICE – GENERAL TERMS

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These terms of service (“Terms of Service”) govern your access to and use of the mobile applications, website, and any other online services (collectively, the “Services”) provided by Connexis Consulting Limited or its legal affiliates (“WhatsIn”, “we” or “us”), including any content, functionality, features and applications offered on or through the Services to you as a guest or registered user.

 

Please read the Terms of Service carefully before you start to use our Services. The Terms of Service apply as follows:

 

• The provisions of Part A of the Terms of Service (“General Terms”) apply to the use of the Services by all users.

• The provisions of Part B of the Terms of Service (“Terms for Purchase of Premium or Subscription Services”) apply in addition to Part A of the Terms of Service if you purchase a paid application or subscribe to premium features or services across the Services.

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1. CONCLUSION OF THE AGREEMENT

 

1. By clicking the “Get”, “Buy”, “Install”, “Download” or similar button in the respective online store such as the Apple App Store or the Google Play Store (“Online Store”) or when clicking “accept” or “agree” setting up an account for the use of the Services, you agree to be bound and abide by these Terms of Service.

2. Please do not use our Services if you do not agree to these Terms of Service.

3. You can only conclude an agreement with Connexis Consulting Limited and use the Services if you are of legal age in your country of residence.

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2. SUBJECT MATTER

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1. The scope and features of the Services are described in the respective Service descriptions located on the relevant website or in the relevant Online Store, and may vary by operating system, device, region and version of the Services.

2. Where you purchase any Service (“Purchase Services”) or subscribe to specific Services (“Subscription Services”), the Purchase or Subscription Services may contain additional features, which may not be included in the free versions.

3. The Services may comprise additional features in the future. We may provide additional terms and conditions for these additional features.

4. Please note that if you remove and reinstall a Subscription Service or Purchase Service on a new device, you may lose your subscription or purchase or any Connexis Consulting Limited Content, as defined below, you have received or purchased.

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3. YOUR RIGHTS

 

1. We grant you a limited, non-exclusive, non-sublicensable, non-transferable right to access and use the Services for lawful purposes in accordance with these Terms of Service for the term and subject to the restrictions set out in the respective Service descriptions. Please note that you may not be able to access and use the Services outside of the region where you purchased or subscribed for certain Services, or your use or access may be limited.

2. The Services contain content owned or licensed by Connexis Consulting Limited, including name, logo, text, images, audio/visual works, icons and scripts (“Connexis Consulting Limited Content”). Connexis Consulting Limited Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Connexis Consulting Limited, Connexis Consulting Limited owns and retains all rights in Connexis Consulting Limited Content and the Services.

3. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Connexis Consulting Limited Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, rent, lease, sublicense or otherwise exploit Connexis Consulting Limited Content without the prior written permission of Connexis Consulting Limited.

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4. PROHIBITED USES

 

You agree not to use or access any of the Services:

 

1. In any way that violates any applicable law, rule, or regulation (including, without limitation, any intellectual property laws or laws regarding the transfer of personal data or software to and from the US or other countries).
    

2. To post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities.

3. Attempting to deceive or exploit anyone in any way, such as by exposing them to inappropriate content, asking for personal data, including, without limitation, your or any other person’s social security or alternate national identity numbers, phone numbers or email addresses.

4. To create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation.

5. To impersonate, attempt to impersonate, or falsely imply that you are associated with, Connexis Consulting Limited, a Connexis Consulting Limited employee, Connexis Consulting Limited’s or WhatsIn’s URL or domain name, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).

6. Use the Services in any manner that could disable, alter, overburden, damage, or impair them, or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm Connexis Consulting Limited or users of the Services and expose them to liability, including but not limited to by transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature.

7. To circumvent or disable any content protection system or digital rights management technology used with any Service; decompile, reverse engineer, disassemble or otherwise reduce any Services to a human-readable form; remove identification, or other proprietary notices; or access or use any Services in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.

8. To create accounts or access data (including user information) through unauthorized means, by using an automated device, caching, script, bot, spider, crawler or scraper.

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5. YOUR RESPONSIBILITIES

 

1. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. Connexis Consulting Limited prohibits the creation of accounts for anyone other than yourself (or a person under your legal guardianship), and you agree that you will not create an account for anyone other than yourself, with the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients or legal guardians. You also represent that all information you provide or provided to Connexis Consulting Limited upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

2. You are responsible for keeping your password secret and secure.

3. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for reconstruction of any lost data.

4. You are solely responsible for your interaction with other users of the Services, whether online or offline. Connexis Consulting Limited reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post User Contributions, as defined below, or any personal data or other information.

 

6. USER CONTRIBUTIONS

 

1. The Services may contain message boards, chat rooms, personal web pages or profiles, forums, comment sections, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Contributions”) on or through the Services.

2. ​With regard to your User Contributions you are responsible for

   1. All of your User Contributions complying with these Terms of Service; and

   2. Owning and controlling all rights to the User Contributions posted by you on or through the Services, or otherwise having the right to grant the rights and licenses set forth in these Terms of Service. You will pay for all royalties, fees, and any other monies owed by reason of User Contributions you post on or through the Services.

3. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Connexis Consulting Limited, have full responsibility for such User Contributions, including their legality, reliability, accuracy, and appropriateness.

4. You hereby grant Connexis Consulting Limited a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, copy, reproduce, modify, perform, display, distribute, disclose and otherwise make available to third parties the User Contributions that you post through the Services or otherwise provide to Connexis Consulting Limited. Connexis Consulting Limited hereby accepts the grant of these rights. You are responsible to ensure that the User Contributions are free of the rights of third parties that would prevent the use of User Contributions by Connexis Consulting Limited. Connexis Consulting Limited may remove, edit (except for any distortion of the User Contributions), or block User Contributions, or accounts, containing content that we determine in our sole discretion violates these Terms of Service.

5. User Contributions will be considered non-confidential and non-proprietary. Furthermore, the Internet may be subject to breaches of security and the submission of User Contributions or other information may not be secure.

6. It is in Connexis Consulting Limited’s sole discretion to share, reproduce, publish, or post through the Services any User Contributions submitted by you or on your behalf, unless otherwise stated in the Service descriptions.

7. If you choose to send us content, information, ideas, suggestions, or other materials, you agree that Connexis Consulting Limited is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing, improving and marketing our Services, without any liability or payment of any kind to you.

8. Connexis Consulting Limited is not a backup service and you agree that you will not rely on the Services for the purposes of storing User Contributions.

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7. SUSPENSION AND TERMINATION

 

1. You may terminate this agreement at any time without giving a reason in writing or by email, using the specific features in the Service, or by deleting the Service on all your devices.

2. Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.

3. We are entitled to discontinue or to terminate the Services at any time. We will inform you about the discontinuation with a notice period of at least fourteen (14) days, using any reasonable means including notification through the applicable Service(s) email, or posting on this website. This notice period does not apply when there are reasons which force us to instantly terminate the Services.

4. If you do not comply with these Terms of Service, we reserve the right to suspend your access to the Services until you have remedied the non-compliance. In the case of a material or repeated violation we shall be entitled to terminate the Services for cause if you have not remedied the violation after giving you prior notice. In case of an irreparable material violation we shall have the right to terminate the Services with immediate effect.

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8. LINKING TO THE SERVICES

 

1. You may link to our website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

2. The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

3. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions thereof to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms of Service.

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9. LINKS ON OUR SERVICES; ACCESS TO 3RD​ PARTY CONTENT

 

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Certain Services may also enable you to download and/or stream content from third party sources, such as podcasts or video clips. We have no control over the contents of any third party sites, content or resources, and (unless otherwise required by applicable law) accept no responsibility for them or for any loss or damage that may arise from your use of them. We also cannot assure you that third parties permit or authorize your use of content that we link or enable access to. If you decide to access any of the third-party sites, content or resources linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use of such third party providers.

 

10. SERVICES CONTENT

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1. We may update the content in our Services from time to time, but it will not necessarily be complete or up-to-date. Any of the material in the Services may be out of date at any given time, and we are under no obligation to update such material. Although it is Connexis Consulting Limited’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

2. Connexis Consulting Limited reserves the right to remove any content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by Connexis Consulting Limited, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.

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11. DOWNLOADS THROUGH ONLINE STORES

 

If you download a Service through an Online Store, you will be asked to agree and adhere to the relevant Online Store terms, which will also apply in addition to these Terms of Service. You should read these Online Store terms carefully.

 

12. PRIVACY

 

Our privacy policy informs you how we process your personal data and how we use cookies, advertising identifiers and similar technologies.

 

13. QUALITY STANDARD

 

We strive to provide our Services under these Terms of Service without errors or interruptions. However, a faultless and uninterrupted Service cannot always be guaranteed. In the event of errors or interruptions, we will generally attempt to restore our normal operations as soon as possible.

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14. RESERVATION OF CHANGES / CHANGES TO THE SERVICES

 

1. We may amend these Terms of Service at any time. We will notify you of such amendment in advance by email or by posting the updated Terms of Service on this website. You agree to check this website regularly to be informed of any updates to these Terms of Service.

2. Connexis Consulting Limited is entitled to reasonably add new features to the Services, change Services or discontinue parts of the Services to (i) develop, improve or extend the Services, (ii) follow technological developments and keep the Services up to date, or (iii) to keep our Services economically viable in case of a Service no longer being used by many of our users or substantially increased costs (“Change”). In case you disagree to a Change you have the right to terminate the agreement at any time in accordance with section 7 of Part A of the Terms of Service.

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15. WAIVER AND SEVERABILITY

 

No waiver of by Connexis Consulting Limited of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Connexis Consulting Limited to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Service becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions of these Terms of Service.

 

16. ENTIRE AGREEMENT

 

The Terms of Service constitute the sole and entire agreement between you and Connexis Consulting Limited regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

 

17. YOUR COMMENTS AND CONCERNS

 

Please direct questions or concerns regarding these Terms of Service or the Services to Connexis Consulting Limited at support@wearewhatsin.com or by mail at: Connexis Consulting Limited, Pinley Hill House, Pinley Road, Hatton, Warwick Warwickshire CV35 8XQ, United Kingdom.

 

PART B OF THE TERMS OF SERVICE - TERMS FOR PURCHASE OF PREMIUM OR SUBSCRIPTION SERVICES

 

This Part B of the Terms of Service (“Terms for Purchase of Premium or Subscription Services”) applies in addition to Part A of the Terms of Service if you purchase a paid application or subscribe to premium features or services across the Services. If there is a conflict between the provisions of this Part B of the Terms of Service and the provisions of Part A of the Terms of Service, the provisions of this Part B of the Terms of Service shall take precedence.

 

1. SUBSCRIPTIONS / PURCHASES

 

1. Connexis Consulting Limited may offer certain Services that are subject to a fee. These fees can be one-time fees to be paid prior to purchase (“Purchase Services”) or recurring fees (“Subscription Services”).

2. The scope and features of the Services and the amount of fees due as well as free trial periods, if applicable, are described in the respective Service descriptions.

3. If you buy Purchase Services or obtain Subscription Services, then the relevant Online Store provider’s terms and conditions will also apply. You acknowledge that any billing and transactions are handled by the Online Store provider. You should contact the Online Store provider directly if you have any payment related issues with Purchase or Subscription Services.

4. Purchase or Subscription Services may be offered by third-parties and you may be asked to agree to the relevant services terms which will also apply in addition to these Terms of Service. You should read these Online Store terms carefully.

5. Subscription Services may include paid subscriptions to special features. These features are subject to change, and certain features may be discontinued or temporarily unavailable as described in the Service descriptions.

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2. TRIAL VERSIONS

 

1. We may at our sole discretion offer you Subscriptions and Purchase Services for a certain time free of charge for selected functionalities of the Service or the entire Service (“Trial Version”).

2. Unless described otherwise in the Service descriptions, we will convert the Trial Version to a Purchase Service or Subscription Service subject to a fee. This automatic conversion does not apply where, in case of a Subscription Service, you have deactivated the automatic renewal in your iTunes account settings, Google Play account settings or other subscription platform settings at least 24 hours before the end of the trial period or before the respective automatic renewal deadline of the respective subscription platform.

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3. USE RIGHTS; TERM; TERMINATION

 

1. The term for a Purchase Service begins with the placement of the order e.g. by clicking “buy”, “get”, “purchase”, “confirm” or “start trial” and/or using additional confirmation methods (e.g. fingerprint) in the respective Service (“Purchase Date”) with an indefinite term until you delete the Service or terminate any premium features of the Purchase Service. In addition to section 3.1 of Part A of these Terms of Service, the use rights granted by Connexis Consulting Limited are bound to the respective Service that you have purchased and any updates or new releases of the Purchase Service for the first two years beginning with the Purchase Date. Where Connexis Consulting Limited continues to allow you to use newer versions or releases of the Purchases Services, such use will only be granted on Connexis Consulting Limited’s sole discretion.

2. The term for a Subscription Service begins with the placement of the order (e.g. by clicking “buy”, “get”, “purchase”, “confirm”, “subscribe”, or “start trial” and/or using additional confirmation methods (e.g. fingerprint) in the respective Service) and continues for the initial term (weekly, monthly or yearly) as provided in the applicable Service descriptions (“Initial Term”). The subscription for the Subscription Service will automatically renew for the same period as the Initial Term (“Renewal Term”) and in accordance with the then-current fees as described in the Service descriptions, unless you have deactivated the automatic renewal in your iTunes account settings, Google Play account settings or other subscription platform settings, or used any other termination mechanism on the subscription platform, as applicable, at least 24 hours before the end of the then current subscription term (“Termination Period”). If you have terminated the subscription before the Termination Period, then you will not be able to access and use the Subscription Services, including paid subscriptions to special features, once the Initial Term or the respective Renewal Term has expired. The statutory rights to terminate the agreement for cause shall not be affected. We shall be entitled to terminate the Subscription Service effective as of the end of each Initial or Renewal Term by providing fourteen (14) days prior notice. In case of a termination you are obliged to cancel your subscriptions in your iTunes account settings, Google Play account settings or other subscription platform settings or to use any other termination mechanism on the subscription platform.

3. The term of a Trial Version begins with the placement of the order (e.g. by clicking “buy” or “purchase” in the respective Service) ends after the term announced in the Service descriptions (“Trial Period”). The term of a Trial Version ends automatically after the Trial Period without requirement of a termination of either party. Once your Trial Period expires, you will no longer be able to access the Trial Version of the Services. Connexis Consulting Limited reserves the right (i) to determine if you are eligible to use the Trial Version and (ii) to discontinue any Trial Version without notice at our sole discretion.

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4. PAYMENT

 

1. Fees for Purchase Services will be charged to your iTunes account, Google Play account or other platform account at confirmation of purchase. If you make a purchase by accident or want to refund your purchase, please contact the Online Store provider within 24 after you place your purchase. This does not affect any statutory claims for refund, such as the withdrawal right for European users.

2. Fees for Subscription Services will be charged to your iTunes account, Google Play account or other platform account at confirmation of purchase for the Initial Term and within 24 hours prior to the beginning of a Renewal Term.

 

The effective date of these Terms of Service is (1/6/2021).