Wayword Terms of Use & End User Licence Agreement

These Terms of Use and End User Licence Agreement (together, the "Wayword Terms") form a binding agreement between you and Alderframe Ltd, registered in England and Wales ("Alderframe", "we", "us", "our"), and govern your access to and use of the Wayword application and any related Wayword services (together, "Wayword" or the "App"). These Wayword Terms supplement, and must be read together with, the main Alderframe Terms of Use & EULA; where this document gives more detail or differs, this document prevails for Wayword.

By downloading, installing, accessing or using Wayword, you accept these Wayword Terms and agree to be bound by them. If you do not agree, do not use the App. Section 13 contains additional terms that apply when you obtain Wayword from the Apple App Store and is required by Apple.

1. Eligibility

You must be at least 13 years old, or the minimum age of digital consent in your country (whichever is higher), to use Wayword. If you are under the age of majority where you live, a parent or legal guardian must agree to these Wayword Terms on your behalf and supervise your use.

2. Licence to use Wayword

Subject to your compliance with these Wayword Terms and, where Wayword is obtained from the App Store, the applicable Apple Usage Rules, Alderframe grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and install one copy of Wayword on Apple-branded devices that you own or control, and to run that copy for your personal, non-commercial use.

This is a licence — not a sale. We and our licensors retain all right, title and interest in and to Wayword and all related intellectual property. Any rights not expressly granted to you are reserved.

3. Restrictions and acceptable use

You agree that you will not, and will not permit any third party to:

• copy, modify, adapt, translate, create derivative works of, publicly display or distribute Wayword or any part of it, except as expressly permitted by these Terms or applicable law that cannot be excluded;
• reverse engineer, decompile, or disassemble Wayword, except to the extent that such restriction is prohibited by applicable law;
• remove, obscure or alter any proprietary notices, trademarks, or other marks within the App;
• rent, lease, lend, sell, resell, sublicense or transfer Wayword or your access to it;
• circumvent any security measure, authentication mechanism, rate limit, licence control or technical restriction in the App;
• use Wayword in any way that infringes the rights of any third party, breaches any law, or generates unsolicited messages;
• use Wayword to develop a competing product or for benchmarking without our prior written consent;
• use bots, scrapers or automated means to access Wayword in ways not authorised in writing by us;
• introduce or transmit any virus, worm, trojan or malicious code; or
• export, re-export or use Wayword in violation of UK, EU, U.S. or other applicable export control or sanctions laws.

4. User content

Ownership. You retain all ownership rights in any content you create, upload or save in Wayword ("User Content").

Licence to Alderframe. You grant Alderframe a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, reproduce, transmit, modify (for technical purposes such as adapting to different devices), and otherwise use User Content solely to the extent necessary to provide, secure, maintain and improve Wayword, enforce these Wayword Terms, and comply with applicable law. If Wayword introduces sharing features, the licence extends to making User Content visible to the audience you select.

Your responsibility. You represent that you own or have the rights necessary to submit your User Content and that your User Content (and our use of it under these Terms) does not infringe the rights of any third party or violate any law.

Prohibited content. You must not submit User Content that is unlawful, infringing, harassing, defamatory, obscene, hateful, sexually explicit where prohibited, contains malware, or otherwise breaches Apple's App Store Review Guidelines for user-generated content.

Moderation. We are not obliged to pre-screen User Content but may do so. We may remove, hide, disable or edit User Content, and may suspend or terminate access for users who breach these Wayword Terms, at our discretion and without liability. To report content that infringes your rights, email [email protected].

5. Fees, in-app purchases and subscriptions

Wayword may offer paid features through one-time in-app purchases or auto-renewing subscriptions. Pricing, billing cycles and the specific entitlements of each offer will be disclosed at the point of purchase.

• Apple processes purchases. When you buy in Wayword on the App Store, the transaction is processed by Apple under its Apple Media Services Terms and Conditions. Payment is charged to your Apple ID at confirmation of purchase.
• Auto-renewing subscriptions automatically renew for the same period unless auto-renewal is turned off at least 24 hours before the end of the current period. You can manage and cancel subscriptions in Settings → [your name] → Subscriptions on your Apple device.
• Refunds are handled by Apple in accordance with its policies (support.apple.com/HT204084). Except where required by applicable consumer law, payments are final and non-refundable by us.
• Price changes on auto-renewing subscriptions will be notified in advance with the opportunity to cancel before the change takes effect, as required by Apple and applicable law.

Your statutory rights under the UK Consumer Rights Act 2015 to digital content that is of satisfactory quality, fit for purpose and as described are not affected.

6. Updates and changes

We may release updates, bug fixes and new features for Wayword at our discretion. Updates may be required for Wayword to continue to function correctly. We may change, limit, or discontinue features at any time; where we discontinue a paid feature you have prepaid for, we will use reasonable efforts to provide notice and an appropriate remedy where required by law.

7. Beta / TestFlight

Pre-release, beta or TestFlight builds of Wayword may be made available for testing. Beta features are provided "as is", may be unstable or incomplete, and may change or be removed at any time. You must not rely on a beta feature for any purpose where an error or failure could cause harm or loss.

8. Disclaimer of warranties

To the fullest extent permitted by law, Wayword is provided on an "AS IS" and "AS AVAILABLE" basis, without warranty of any kind. Alderframe and its licensors disclaim all express, implied and statutory warranties, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and quiet enjoyment. We do not warrant that Wayword will be uninterrupted, timely, secure or error-free, or that defects will be corrected.

This Section does not affect your statutory rights as a consumer that cannot be excluded under applicable law (including the UK Consumer Rights Act 2015).

9. Limitation of liability

Nothing in these Wayword Terms limits or excludes liability for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) statutory rights as a consumer that cannot be excluded; or (d) any other liability that cannot be limited or excluded by applicable law.

Subject to that, and to the fullest extent permitted by law:

• Alderframe will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profits, revenue, business, goodwill, data, content or savings (whether direct or indirect), arising out of or in connection with Wayword or these Wayword Terms;
• Alderframe's total aggregate liability arising out of or in connection with Wayword and these Wayword Terms in any 12-month period will not exceed the greater of (i) the total fees paid by you to us (not to Apple) for Wayword in that period; or (ii) one hundred pounds sterling (£100).

10. Indemnity

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Alderframe and its officers, directors, employees, agents and licensors from and against all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Wayword Terms; (b) your User Content; (c) your violation of any law or the rights of any third party; or (d) your use of Wayword in a manner not authorised by these Wayword Terms.

11. Suspension and termination

We may suspend, restrict or terminate your access to Wayword, or close any account, with or without notice, if (a) you breach these Wayword Terms; (b) we are required to do so by law or by a regulatory or judicial authority; (c) continued access would create a risk of harm; or (d) we discontinue Wayword. On termination, the licence ends and you must stop using Wayword and delete any local copies. Sections that by their nature should survive (including 3, 4, 8, 9, 10 and 13) survive termination.

12. Governing law & jurisdiction

These Wayword Terms and any dispute arising out of or in connection with them (including non-contractual disputes) are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that if you are a consumer resident elsewhere you retain the benefit of any mandatory provisions of your local law and the right to bring proceedings in your country of habitual residence.

13. Apple App Store — additional terms

The following terms apply when you obtain Wayword through the Apple App Store. In any conflict between the preceding terms and this Section 13 in respect of Wayword, this Section 13 prevails to the extent of the conflict.

1. Acknowledgement. These Wayword Terms are concluded between you and Alderframe only, and not with Apple. Apple is not responsible for Wayword or its content. To the extent these Terms provide usage rules for Wayword that are less restrictive than, or conflict with, the Apple Media Services Terms and Conditions, the more restrictive or conflicting Apple term applies.
2. Scope of Licence. The licence granted to you for Wayword is a limited, non-transferable licence to use Wayword on Apple-branded products that you own or control, and as permitted by the Usage Rules, except that Wayword may be accessed, acquired and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support. Alderframe is solely responsible for providing any maintenance and support for Wayword. Apple has no obligation to furnish any maintenance or support services.
4. Warranty. Alderframe is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of Wayword to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of Wayword (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Wayword, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Alderframe.
5. Product Claims. Alderframe, not Apple, is responsible for addressing any claims by you or any third party relating to Wayword or your possession and/or use of Wayword, including (i) product liability claims; (ii) any claim that Wayword fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Wayword's use of the HealthKit and HomeKit frameworks, if applicable.
6. Intellectual Property Rights. In the event of any third-party claim that Wayword or your possession and use of Wayword infringes that third party's intellectual property rights, Alderframe, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address. Any questions, complaints or claims with respect to Wayword should be directed to Alderframe Ltd, United Kingdom, email: [email protected].
9. Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using Wayword.
10. Third-Party Beneficiary. You and Alderframe acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Wayword Terms, and that, upon your acceptance of these Wayword Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Wayword Terms against you as a third-party beneficiary thereof.

14. Changes

We may update these Wayword Terms from time to time. The "Effective" and "Last updated" dates above show when they were last revised. If a change is material, we will take reasonable steps to notify you in advance.

15. Contact

For questions about these Wayword Terms, write to [email protected]. For broader matters, see the main Alderframe Terms of Use & EULA.