Last updated: 5th March 2018
PLEASE READ THESE TERMS CAREFULLY
By registering to use HulloMail you are agreeing to these terms which will bind you. If you do not agree to these terms, you must delete the App and may not use the HulloMail service.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1 We, thumbtel limited (company number 06504172) of 14 East Bay Lane, Here East, Queen Elizabeth Olympic Park, London E15 2GW, United Kingdom, license you to use, as permitted in these terms:
(a) the HulloMail mobile application, the data supplied with the software (“App”) and any updates or supplements to it;
(b) the related electronic documentation (“Documentation”); and
(c) the “HulloMail” service together with the content we provide to you through the App (“Service”).
1.2 We are a limited company. Our VAT number is 937494186.
1.3 These terms only apply to end users of the App and/or Service.
2. YOUR PRIVACY
2.1 We only use any personal data we collect through your use of the App and the Services in the ways set out in our .
2.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3.1 To use the Service you must be a registered user.
3.2 You acknowledge and agree that the Service replaces your mobile operator’s voicemail service and that the on-boarding procedure will involve setting up conditional call forwarding on your telephone.
3.3 When you use the Service, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, fully paid-up, sub-licensable licence to use the content and all other information or materials (“User Content”) provided to us as is necessary or desirable for us to perform, or procure the performance of, the Services. You shall indemnify, and keep indemnified, us in respect of any and all costs or liabilities (including any and all legal costs, whether or not those costs would otherwise be recoverable) incurred in connection with any actions, claims or proceedings brought against us in relation to our possession or use of User Content, including (without limitation) allegations that the User Content infringes the rights (including intellectual property rights) of third parties.
4. HULLOMAIL SUBSCRIPTION SERVICE
4.1 The Service is offered on a full and inclusive subscription basis (“Full Subscription”). If you purchase a Full Subscription, the terms set out in this clause will apply.
4.2 The Full Subscription shall be charged at the fee set out on our website from time to time. We may increase the cost of the Full Subscription at any time by providing you with at least 30 days’ notice. Full Subscription will be charged to the applicable appstore account using the payment details provided and will automatically renew unless cancelled at least 24-hours before the end of the Full Subscription period.
4.3 The Full Subscription can be cancelled at any time using the relevant appstore subscription management tools. Links to the relevant appstore are provided below. Cancellation will take effect at the end of the current Full Subscription period except where less than 24-hours’ notice is provided, in which case the Full Subscription will be cancelled at the end of the following subscription period.
(a) For Apple: https://support.apple.com/en-us/HT202039
(b) For Google: https://support.google.com/googleplay/answer/2476088?hl=en
4.4 Subject to the provisions of these terms, including Clause 7 (Fair and acceptable use), the Full Subscription enables you, for the duration for Full Subscription period, to use the App to:
(a) receive an unlimited number of voicemails per month; and
(b) receive an unlimited number of voicemail transcriptions (of up to 30 seconds in length) per month.
5. HULLOMAIL LITE
5.1 The Service is offered on a limited subscription basis (“Limited Subscription”). If you purchase a Limited Subscription, the terms set out in this clause will apply.
5.2 The Limited Subscription shall be charged at the fee set out on our website from time to time. We may increase the cost of the Limited Subscription at any time by providing you with at least 30 days’ notice. Limited Subscription will be charged to the applicable appstore account using the payment details provided and will automatically renew unless cancelled at least 24-hours before the end of the Limited Subscription period.
5.3 The Limited Subscription can be cancelled at any time using the relevant appstore subscription management tools. Links to the relevant appstore are provided below. Cancellation will take effect at the end of the current Limited Subscription period unless less than 24-hours’ notice is provided, in which case the Limited Subscription will be cancelled at the end of the following Limited Subscription period.
(a) For Apple: https://support.apple.com/en-us/HT202039
(b) For Google: https://support.google.com/googleplay/answer/2476088?hl=en
5.4 Subject to the provisions of these terms, including Clause 7 (Fair and acceptable use), the Limited Subscription enables you, for the duration of the Limited Subscription period, to use the App to:
(a) receive an unlimited number of voicemails per month; and
(b) receive up to 10 voicemail transcriptions (of up to 10 seconds in length) per month.
6. FREE TRIAL
6.1 The Service may be offered as a free trial on a Full Subscription or a Limited Subscription basis. If you use the Services on a free trial basis, the terms set out in this clause will apply.
6.2 Subject to the provisions of these terms, including Clause 7 (Fair and acceptable use), the free trial enables you to use the Full Subscription or Limited Subscription (as applicable) for the duration of the trial period (as set out on our website from time to time).
6.3 Unless you cancel the Full Subscription or Limited Subscription (as applicable) before the trial period ends, the free trial shall be automatically converted into a Full Subscription (see Clause 4) or a Full Subscription or a Limited Subscription (see Clause 5) once the trial period ends.
7. FAIR AND ACCEPTABLE USE
You must at all times comply with our , which sets out the permitted and prohibited uses of the Service.
8. YOUR ACCOUNT AND SECURITY
You agree to provide true, accurate, correct and complete information and accept responsibility of maintaining changes to such information. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right, in our sole and absolute discretion, to decline any application to register an account. If you are accepted, you will receive from us an account. We reserve the right to terminate your account if any information provided by you in the registration process is untrue, inaccurate or out-of-date.
9. POTENTIAL CHARGES FROM YOUR MOBILE OPERATOR
9.1 The Service may use your inclusive minutes and data allowances. When you are in the UK, if you keep within your mobile network operator’s call minute and data allowance (if any) you should not see any additional charges for use of the Service from your mobile network operator. If you exceed your allowances then your mobile network operator will apply charges in accordance with your mobile network operator plan. Please confirm this with your mobile network operator. We do not accept any liability for third party charges that you incur when using the Services.
9.2 When roaming abroad, use of the Service may incur additional charges according to your mobile network phone operator’s call minute and data roaming charges. Please confirm this with your mobile network operator. We do not accept any liability for third party charges that you incur when using the Services.
10. APPSTORE’S TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the Apple or Google rules and policies. The rules and policies operated by Apple or Google will apply instead of these terms where there are differences between the two.
11. OPERATING SYSTEM REQUIREMENTS
The device, operating system, memory and other requirements needed to run this App are provided on the applicable appstores.
12.1 We consider any voicemails received via the Service to be private correspondence between the sender and recipient. We shall not edit, or disclose the contents of any communication, except that you acknowledge and agree we may do so:
(a) as set out in these terms or our ;
(b) as required by law;
(c) to comply with legal process;
(d) to provide the service;
(e) in any other circumstance we deem necessary or desirable (acting reasonably).
12.2 You acknowledge and agree that we do not endorse the content of your communications, and cannot be held responsible for any communications accessed, distributed or received by the user via the Service.
12.3 We are not responsible or liable for any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material, or content that infringes or may infringe the intellectual property or rights of another.
13. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
13.1 Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://thumbtel.freshdesk.com/support/home.
13.2 Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please contact our customer service team by visiting https://thumbtel.freshdesk.com/support/home.
13.3 How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
14. HOW YOU MAY USE THE APP
In return for your agreeing to comply with these terms you may:
(a) download a copy of the App onto devices onto which this App may be downloaded and view, use and display the App and the Service on such devices for your personal purposes only;
(b) use any Documentation to support your permitted use of the App and the Service; and
(c) receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
15. ASSIGNMENT AND OTHER DEALING
We are giving you personally the right to use the App and the Service as set out in these terms. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
16. CHANGES TO THESE TERMS
16.1 We may need to change these terms from time to time to, for example, reflect changes in law or best practice or to deal with additional features which we introduce.
16.2 We will give you at least 7 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.
16.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service and you may apply to the appstore for a refund, which will reflect the period the App and the Service have been available to you prior to cancellation.
17. UPDATE TO THE APP AND CHANGES TO THE SERVICE
17.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
17.2 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 Services.
18. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
19. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
19.1 The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
19.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
20. LICENCE RESTRICTIONS
20.1 You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
(b) not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services 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 Services on devices as permitted in these terms;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities: is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; is not used to create any software that is substantially similar in its expression to the App; is kept secure; and is used only for the Permitted Objective;
(e) 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.
21. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
22. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
22.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but 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 these terms, both we and you knew it might happen.
22.2 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.
22.3 We are not liable for business losses. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
22.4 Limitations to the App and the Services. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
22.5 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
22.6 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
22.7 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
23.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
23.2 If we end your rights to use the App and Services:
(a) You must stop all activities authorised by these terms, including your use of the App and any Services.
(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.
(c) We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
24.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
24.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
25. NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
27. ENTIRE AGREEMENT
These terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
29. GOVERNING LAW AND JURISDICTION
These terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.