Welcome to Upbeat. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully. Here are a few highlights:
- You can cancel your membership or delete your account at any time.
- You own your content, but give us a right to use it.
- We expect our members to act with respect.
- Upbeat is not liable for your activities and no warranties are made by Upbeat.
- We can cancel your account if you act inappropriately.
- We want your feedback, and you allow us to use
- There are easy ways to reach us if you have questions or need help.
Terms of Service
The Upbeat app is part of a grant-funded project to test the effectiveness of sustainable travel planning. The app is designed to combine personalised travel sensing and behavioural science to deliver user-centred feedback to commuters and a travel-plan co-ordinator to help them explore how they are travelling and to inform their travel choice options.
The Terms set out here detail what you can and cannot do to/with the Upbeat application as well as outline the extent of our liability to you for any damage or loss caused by our breach of the Terms.
Who we are
The Behaviouralist, Ltd, is a limited company registered in England with registered address at 5 Hoxton Square London, England, N1 6NU registered number 08975979 (referred to as “we”, “us” and “The Behaviouralist”).
We provide and operate Upbeat which is a mobile travel application that studies the speed, location and pattern of movement of a user, so the user may understand and improve her/his travel behaviours. For the purposes of these terms of service, the Upbeat application software, any data supplied with the software, any data generated by the use of the software and any updates or supplements to it shall be referred to herein as the “App”.
The Behaviouralist reserves the right to change, suspend, remove or disable access to the App and the Service at any time without notice. In no event shall The Behaviouralist be liable for any loss, damage or inconvenience suffered by reason of it removing or disabling, or imposing limits on, access to or use of the App or the Service.
If you are less than 16 years of age, you must have your parent or legal guardian’s permission to use the App and to accept the Terms.
Acceptance of these Terms
You represent and warrant that you have the full power, capacity and authority to accept the Terms. If you accept or agree to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Upon your acceptance of the Terms,
The Behaviouralist grants to you, subject to the restrictions in clause 11, a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to you to use:
- the App; and
- the service you connect to via the App and the content we provide to you through it (the “Service”),
in each case as permitted in the Terms.
The Behaviouralist grants to you personally the right to use the App and the Service as set out above Whilst you may have downloaded the App on your mobile telephone or handheld device(s) (a “Device” or “Devices”) that you own, you may not otherwise transfer the App or the Service to any third party, whether for money, or other valuable consideration or for free. If you sell any Device on which the App has been installed, you must first remove the App from it.
If you download or stream the App onto any Device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with the Terms, whether or not you own the Device.
If you do not agree to the Terms, you must stop using the App and remove the App from the device(s) the App has been installed on. Failure to use the App and the Service in accordance with the Terms may subject you to civil and criminal penalties.
Changes to the Terms
The Behaviouralist may from time to time change the Terms to reflect changes in law, or best practice, to introduce additional features or for other reasons.
If you have provided The Behaviouralist with your email address within the app, we will give you at least 7 days notice of any change by sending you an email with details of the change. If you have not provided your email address within the app, the revised Terms will become effective upon posting to this page. Any use of the App after such date shall constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the App.
In order to continue using the App and the Service, you must accept the notified changes. By accepting the notified changes to the Terms, you agree to be bound by such changes.
Terms that also apply
If you use the App and the Service in conjunction with any other The Behaviouralist products such as The Behaviouralist or Upbeat websites your agreement with The Behaviouralist will also include the terms applicable to those Services. All of these are referred to as the “Additional Terms.” If Additional Terms apply, they will be accessible to you either within or through your use of the applicable The Behaviouralist Services. If there is any contradiction between the Additional Terms and the Terms, then the Terms will take precedence only as they relate to the App and the Service, and not to any other The Behaviouralist Services.
The Appstore from which you download the App may also require you to agree to their own terms when you download the App. The Appstore’s rules and policies will apply in priority to these Terms where there are conflicts between the two.
We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Upbeat a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Upbeat any Feedback that you do not wish to license to us as set forth above.
If you think the App or the Service is faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at firstname.lastname@example.org.
Update to the App and changes to the Service
From time to time The Behaviouralist may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. You will be prompted to download the updated App when a new version is released.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service.
By using the App or the Service, you agree to The Behaviouralist collecting and using technical information about the Devices you use and related software, hardware and peripherals to improve our products and to provide any services to you.
The App will make use of location data sent from your Devices. You can turn off this functionality and stop The Behaviouralist collecting such data at any time by turning off the location services settings for the App on the relevant Device. However, without this functionality, the App will not be able to perform its primary function of gathering travel information and providing personalized journey information to you.
If you use the App or the Service, you consent to The Behaviouralist and its affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and all transport related products and services.
Third party websites
The App or the Service may contain links to other independent websites which are not provided by The Behaviouralist. Such independent sites are not under the control of The Behaviouralist, and The Behaviouralist is not responsible for and has not checked and approved their content or their privacy policies (if any).
You should be careful in choosing to access and use any such independent sites as The Behaviouralist accepts no risk in this regard.
All rewards and incentives will be processed as vouchers for Amazon.com unless otherwise stated. Vouchers will be sent directly to you and will be available at the stated date.
You agree that you will:
- Not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service, or any source code or information derived therefrom in any form, in whole or in part to any person without prior written consent from The Behaviouralist;
- Not copy the App, or the Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other
- programs, except as necessary to use the App and the Service on Devices as permitted in the Terms;
- Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things; Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.Your use of the App
- Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously;
- Not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer, Device or database connected to the App;
- Not infringe the intellectual property rights of The Behaviouralist or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by the Terms);
- Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- Not use the App or any Service in a way that could damage, disable, overburden, impair or compromise the systems or security of The Behaviouralist or interfere with other users; and
- Not collect or harvest any information or data from any Service or the systems of The Behaviouralist or attempt to decipher any transmissions to or from the servers running any Service.
Any breaches of these uses will be reported to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
Intellectual property rights
All intellectual property rights in the App and the Service throughout the world belong to The Behaviouralist and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Service other than the right to use them in accordance with the Terms. For the avoidance of doubt, The Behaviouralist remains the owner of the App and the Service at all times.
If you choose to use the App and Service, you do so at your own risk. The App and Service are provided “as is”, without warranty of any kind, either express or implied. Specifically, that
- The App and Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis;
- The accuracy, timeliness, truthfulness, completeness or reliability of any information obtained via the App or the Service;
- No advice or information, whether oral or written, obtained from The Behaviouralist or through the App or the Service will create any warranty not expressly made herein;
- The Behaviouralist explicitly disclaims all liability for any act or omission of any third party in relation to The Behaviouralist’s provision of the App and the Service to you;
- The Behaviouralist do not guarantee that the App will be free from bugs or viruses.
Our responsibility to you
The Behaviouralist is responsible to you only for foreseeable loss and damage caused by The Behaviouralist if we fail to comply with the Terms. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted the Terms, both The Behaviouralist and you knew it might happen.
Our aggregate liability to you relating to, arising out of, or in any way connected to the Terms, the App or the Service will not exceed £50.00 unless otherwise dictated by applicable law.
If defective digital content that we have supplied damages a Device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
The Behaviouralist will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way connected with The Behaviouralist, the Terms, the App or the Service.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
Notwithstanding anything to the contrary in the Terms, in such cases, the liability of The Behaviouralist will be limited to the fullest extent permitted by applicable law.
You agree to indemnify, and hold harmless The Behaviouralist, its directors, employees and shareholders from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:
(a) Your access to or use of the App and the Service, including information provided in connection therewith;
(b) Your breach or alleged breach of the Terms; or
(c) Any misrepresentation made by you.
The Behaviouralist may transfer its rights and obligations under the Terms to another organisation. We will always tell you in writing if this happens and the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under the Terms to another person if we agree in writing.
It is in our sole and absolute discretion to end your rights to use the App and Service at any time by contacting you if you have broken the Terms in a serious way.
If we end your rights to use the App and Service:
(a) You must stop all activities authorised by the Terms, including your use of the App and any Service;
(b) You must delete or remove the App from all Devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
(c) We may remotely access your Devices and remove the App from them and cease providing you with access to the Service.
You agree that the Terms and any claim, dispute or controversy arising out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims), the App or the Service, or any related transaction between you and The Behaviouralist shall be governed by and construed in accordance with English law.
Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
The Terms are agreed between you and us. No person shall have any rights under or connection with the Terms under the Contracts (Rights of Third Parties) Act 1999.
If any court or competent authority decides that any term of the Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
Our failure to enforce any provision of the Terms shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
The Terms set forth the entire understanding and agreement between you and The Behaviouralist with respect to the subject matter hereof.
The Terms, their subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Support and Questions
We will respond to any questions regarding the Services and these Terms at email@example.com. We generally respond support requests within 10-14 days after the request is placed.