Privacy Policy

Terms of Service

Darcy Sample Terms of Service

Last Updated - March 14, 2022

Definitions

  1. In these Terms, the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
    • "Terms" - This Darcy Sample Terms of Service document;
    • "App" - The iOS application Darcy Sample and all associated features, including Sample Premium;
    • "Sample Premium" - a one-time purchase and/or subscription, within Darcy Sample that unlocks additional features;
    • "Update" - a modified version of Darcy Sample with updates and additions;
    • "iOS application" - any Darcy Sample application that is designed to run on Apple's iOS platform and is available to download from the Apple App Store;
    • "We", "Us" - Darcy Supply Ltd.;
    • "You", "Your" - shall mean an individual user of Darcy Sample or Legal Entity exercising permissions granted by this License.

General

  1. The App is made available to you by Darcy Supply Ltd. and are subject to these Terms, including those set forth in the Privacy Policy for Darcy Sample.
  2. By downloading the App, purchasing a subscription, or buying an in-app purchase within the App or using the App, you agree to follow and be bound by the Terms, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time here.
  3. We and third-party providers may make changes in the products, services, mobile applications, features and prices described in this App at any time without notice.
  4. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms on located within the App.
  5. The App is not intended for and is not designed to attract children under 13 years of age.
  6. If you do not agree with the Terms, please do not use this App. By continuing to use the App, you are indicating your agreement to the Terms and all revisions thereof.
  7. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App or any portion thereof.
  8. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
  9. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
  10. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of us. We have the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the App.
  11. Section titles, headings and numbering in the Terms are for convenience only and have no legal or contractual effect.
  12. Any rights not expressly granted herein are reserved.

In-app purchases, subscription payments, renewals, and cancellation

  1. If you choose to buy an in-app purchase, including subscriptions, within the App, payment will be charged to your Apple ID account at the confirmation of purchase.
  2. In-app purchases, including subscriptions, must be bought using an internet connection.
  3. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the subscription period. Your account will be charged for renewal within 24 hours prior to the end of the subscription period.
  4. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.
  5. All purchases are final. Darcy Supply Ltd. cannot issue refunds for purchases charged to your Apple ID.

Permitted use and restrictions

  1. In order to install the App and receive Updates, your device must have access to the internet and meet the device requirements as listed on the Apple App Store product page.
  2. You must only use Sample Premium and its associated features on a device registered to an Apple ID with a valid Sample Premium purchase and/or subscription.
  3. You shall use the App in accordance with applicable laws and shall not:
    1. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit Your rights to use the App;
    2. assign your rights to use the App without prior written approval from the App or Darcy Supply Ltd.;
    3. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the App;
    4. copy (except as otherwise provided in the Agreement), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the App or any parts thereof, except to the extent permitted by applicable law;
    5. share, upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    6. harm minors in any way;
    7. impersonate any person or entity, including, but not limited to, an Darcy Supply Ltd. official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    8. share, upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
    9. share, upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    10. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    11. interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App;
    12. intentionally or unintentionally violate any applicable local, state, national or international law.

Intellectual Property

  1. You acknowledge and agree that the App and any necessary software used in connection with the App (if any) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
  2. The Darcy Sample, Darcy Sample Premium, Sample Premium, and Darcy Supply names and the Darcy Sample logo, the Darcy Sample App icon, the Darcy Supply logo and other Darcy Supply Ltd. logos alongside other products and service names exclusive trademarks of, and are owned by, Darcy Supply Ltd., and you may not use or display such trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed on the App are the property of their respective owners.
  3. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App, the software or Content available on the App (other than Content that you may create), in whole or in part.
  4. We grant you a personal, non-transferable and non-exclusive right and license to access and use the App; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App.
  5. You agree not to access the App by any means other than through the interface that is provided by us for use in accessing the App.

Content

  1. Darcy Supply Ltd. is not responsible and liable for the Content and the consequences of creating and sharing any content created within the App. Darcy Supply Ltd. does not endorse the Content or any advice, suggestion or opinion expressed in the Content.
  2. You understand that all Content available in connection with the App are the sole responsibility of the person from whom such Content originated.
  3. We do not control or monitor the Content made from within the App or shared from within the App by others and do not guarantee the accuracy, integrity, or quality of such Content.
  4. You understand that the App may expose You to content of third parties that are factually inaccurate, offensive, indecent, or otherwise objectionable to You. You agree to waive any legal rights or remedies you have or may have against Darcy Supply Ltd. with respect to any such third party Content.

Support and Updates

  1. Darcy Supply Ltd. may Update or otherwise modify the App at its sole direction. Darcy Supply Ltd. is not obligated to provide you with such Updates. If Updates are made available by Darcy Supply Ltd., the Terms will govern Your use of and access to such Updates.
  2. Updates can be downloaded from the Apple App Store with a valid internet connection.
  3. Darcy Supply Ltd. is not required to provide any support for the App.

Disclaimer of Warranties and Liability

  1. THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE IN THE APP ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY. DARCY SUPPLY LTD. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. DARCY SUPPLY LTD. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE APP WILL BE CORRECTED.
  2. YOU EXPRESSLY AGREE TO RELEASE DARCY SUPPLY LTD., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE APP, (b) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE APP, (c) ANY DELAY OR INABILITY TO USE THE APP EXPERIENCED BY YOU, (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DARCY SUPPLY LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

  1. You agree to indemnify Darcy Supply Ltd. and its affiliates and employees against all loss, damage, liability, costs, claims (including proceedings and demands from any government body or regulator) and expenses (including reasonable legal fees) arising from any breach of the Terms, infringement of third party IPR or the performance of any services provided in connection with this Terms of Use.
  2. You agree to indemnify, defend and hold harmless Darcy Supply Ltd. (and its respective directors, officers, employees, agents, subcontractors, successors, licensees and assigns) in respect of any and all loss, damage, liability, costs, claims and expenses ("Losses") incurred or suffered by or made against any of them and, wholly or in part, resulting directly or indirectly from, or connected in any way with any breach by you or Darcy Supply Ltd. affiliates to comply with any of the provisions of these Terms, whether or not such Losses were foreseeable at the date of entering this agreement of Terms.

Termination

  1. You agree that Darcy Supply Ltd., under certain circumstances and without prior notice, can immediately terminate your access to the App. Cause for such termination shall include:
    1. breaches or violations of the Terms or other incorporated agreements or guidelines;
    2. requests by law enforcement or other government agencies;
    3. discontinuance or material modification to the App (or any portion thereof);
    4. unexpected technical or security issues or problems.
  2. Termination of your access may include:
    1. removal of access to all offerings within the App;
    2. barring of further use of the App.
  3. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your access to the App or associated features.

Governing Law and Jurisdiction

  1. This App is controlled by Darcy Supply Ltd., from its office within the United Kingdom (UK). Those who choose to access this App from locations outside of the UK do so at their own risk and are the responsible party for compliance with applicable local laws.
  2. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (whether contractual or non-contractual in nature) shall be governed by and construed in accordance with English law, the parties irrevocably submit to the exclusive jurisdiction of the English courts, including (without limitation) in respect of any application for injunctive or ancillary relief. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply to the Contract.

Copyright © 2022 Darcy Supply Ltd.