TUBR is an application that uses data and machine learning to predict crowds on the London undergrounds and provide journey updates and suggestions (our “Services”). Your use of the TUBR application (the “App”) and our Services is governed by these Terms of Service (the “Terms”).
1. These Terms
1.1 These Terms govern our relationship with you including the Services and your use of our App. References to “you” or “your” means the user of the App.
1.3 These Terms, including any which have to be treated as being included by virtue of the Consumer Rights Act 2015 and/or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, form the whole contract you have with us.
1.4 These Terms set out:
a) your legal rights and responsibilities;
b) our legal rights and responsibilities; and
c) certain key information that we’re required to provide by law.
2. About us
2.1 “We” “us” or “our” means TUBR Limited, the creators of TUBR. We are a company registered in England and Wales with company number 12558267, registration address at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX.
2.2 If you have any questions about these Terms, please contact us by email at firstname.lastname@example.org.
2.3 If we need to get in touch with you via the App, we will do so by in-app and push notifications (where you have enabled those functions on your device).
3. Our Services
Downloading the App
3.1 You can download our App for free via Apple App Store or Google Play (the “App Store”).
3.2 If you downloaded the App onto an Apple device, your download will be bound by the Apple Store Terms of Service. Please read those terms carefully before proceeding.
3.3 If you downloaded the App from Google Play, your download will be bound by Google Play Terms of Service. Please read those terms carefully before proceeding.
Using our Services
3.4 We provide the Services to you free of charge for information purposes only.
3.5 You must be resident in the United Kingdom to use the App.
3.6 Our App uses data related to journey information and provides journey predictions for the London underground system only. Information may not always be accurate. We use information from public sources such as Transport for London and other third parties to create information on which the App's transport information and recommendations are based. We use commercially reasonable endeavours to try to make sure that the data is correct and up-to-date, but we cannot guarantee that it will always be. Journey times are only estimates, as actual timings depend on many factors outside our control. You acknowledge that if you rely on the information and recommendations made through the App, you do so at your own risk.
4.1 We provide the App, the Services and any contents or information made available via the Services on an “as is” basis, without warranty of any kind.
4.2 We make no warranty that the Services or App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of our Services, or any contents or information which we may provide in connection with our Services or the App.
5. Our licence to you
5.1 Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicenseable license to install a copy of the App on a mobile device within your control and to use the App and the Services solely for your own personal non-commercial purposes.
5.2 The licence granted in clause 5.1 is subject to the following restrictions:
5.2.1 is limited, only for you personally, non-exclusive, non-transferable, non-sublicensable and for non-business use;
5.2.2 starts when you download the App and ends when either you or us end this contract (see clause 12); and
5.2.3 covers content, materials, or services accessible from, or bought in, the App. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept those terms.
5.3 Other than the right to access and use the App and the Services set out in this section, you will not acquire any title, right, or interest to or in the App or Services, all of which are retained by us or the persons who have licensed any parts of it to us. We reserve all rights in and to the App and the Services not expressly granted to you under these Terms.
6. Your information, technical data and feedback
6.1 We do not collect or process personal data via the App. In order to provide the Services, we collect your device ID, location data and movement data (if you enable the sharing of such data via the App settings on your device) but none of this data can identify you as an individual. We use your data for the following purposes:
6.1.1 we use the device IDs to send in-app and push notifications as required. The device IDs will be removed from our system after our contract ends (see clause 11); and
6.1.2 your location and movement data will be fed into our machine learning algorithm to calculate the crowd levels at particular locations and help improve our journey predictions.
6.3 We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the App. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you and our users.
6.4 We continuously look to improve our App and Services. We therefore welcome your feedback, comments or suggestions on areas where we can improve. Please send your feedback to us via email at email@example.com. By sending us your feedback you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable licence in respect of all intellectual property rights attaching to such feedback which permits us to use, copy, edit, change, create derivative works, and otherwise exploit the feedback for any purpose. This clause survives the end of this contract.
7. Your responsibility
7.1 You are not allowed to:
7.1.1 modify the App’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
7.1.2 reverse engineer, decompile or disassemble the App;
7.1.3 copy, modify or create derivative works based on the App;
7.1.4 deliberately attempt to avoid or manipulate any security features included in the App;
7.1.5 pretend that the App is your own, or use the App to infringe our or anyone else’s intellectual property rights;
7.1.6 in any way make the App available for others to download or use (including by way of copying the code of the App and creating an independent version, or otherwise distribute, transfer, sublicense, lease, lend or rent the App to any other third party); or
7.1.7 transmit any harmful software code such as viruses via the App.
8. Our responsibility
8.1 The Consumer Rights Act 2015 requires us to perform our Services with reasonable care and skill and you can ask us to repeat or fix the Services if they are not carried out with reasonable care and skill, or compensate you if we can’t fix it.
8.2 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
8.3 If we breach this contract or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
8.4 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible to you for:
8.4.1 any business or non-consumer loss or damage;
8.4.2 any loss or damage that was:
18.104.22.168 not foreseeable to you and us when the contract was formed; or
22.214.171.124 not caused by our breach or negligence.
8.5 To the extent permitted by law, our total aggregate liability to you for any losses arising out of or in connection with the App or Services shall not exceed £100.
8.6 Our provision of the App and Services may be impacted by reasons outside of our control, such as your internet connection, your device and the App Store. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, connectivity issues with your systems, server, device, faulty components in your device, App Store failure or anything else that it would not be reasonable to expect us to control.
9. Updates to the App
9.1 We may update the App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the App still meets the description that was provided to you at the time you downloaded the App.
9.2 Depending on your device, updates will either download automatically or you may need to trigger them yourself.
9.3 We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly or you may be exposed to security vulnerabilities if you do not keep the App updated to the latest version that we make available.
10. Changes to these Terms
10.1 We may need to revise these Terms from time to time to reflect changes in the App’s functionality, to deal with a security threat or if there is a change in the law or guidance.
10.2 You will be asked to agree to any material changes in advance through in-app or push notifications, usually when you download an update. If you do not accept the changes, you will not be able to use the App and you should remove the App from your device.
11. Ending this contract
11.1 You can end this contract at any time by removing the App from your device.
11.2 We can end this contract at any time by withdrawing or removing the App from the App Store at our sole decision.
11.3 We can end this contract if you do not comply with these Terms. We will give you reasonable notice that you have breached this contract, but if what you have done is serious then we may end this contract immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the App or doing anything else that we think presents a big enough risk to justify us ending the contract quickly.
11.4 The consequences of the contract ending are as follows:
11.4.1 you are no longer allowed to use the App ; and
11.4.2 you must delete it from any devices that it has been installed on.
12. Transferring this contract
12.1 We may transfer our rights under this contract to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
12.2 You are not allowed to transfer your rights under this contract to anyone without our prior written consent.
13. Governing law and jurisdiction
13.1 The laws of England apply to this contract, although if you are resident elsewhere in the United Kingdom you will retain the benefit of any mandatory protections given to you by the laws of the region of the United Kingdom in which you live.
13.2 Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that:
13.2.1 if you live in Scotland, you will be protected by applicable laws of Scotland and you can choose to bring a claim against us in the English courts or Scottish courts;
13.2.2 if you live in Northern Ireland, you will be protected by applicable laws of Northern Ireland and you can choose to bring a claim against us in the English courts or Northern Irish courts.
14.1 Permitting you to use the App or our Services will not prevent us from exercising any right or remedy we may have in respect of your breach of these Terms even if we are aware of the breach at the time, and you agree not to claim that it does.
14.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any right or provision will only be effective if it’s made in writing and signed by our duly authorised representative.
14.3 No one other than us or you has any right to enforce any term of this contract.
14.4 If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms shall not be affected.
14.5 If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted, the provision or part-provision in question shall apply with such deletions as may be necessary to make it legal, valid and enforceable.