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Last Updated: January 2024

Separating better (‘Licenced Application’) is licensed to You (‘End-User’) by OnePlusOne Marriage and Partnership Research, located and registered at MHA MacIntyre Hudson, 6th Floor 2 London Wall Place, London, EC2Y 5AU, England ('Licensor'), for use only under the terms of this Agreement.

Our charity registration number is 1087994.

Our company registration number is 04133340.

By downloading the Licensed Application from Apple's software distribution platform ('App Store') and Google's software distribution platform ('Play Store'), and any update thereto (as permitted by this Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Agreement, and that You accept this Agreement. App Store and Play Store are referred to in this Agreement as 'Services'.

You may find updated versions of this Agreement by visiting www.oneplusone.org.uk/policies (‘Site’).

The parties of this Agreement acknowledge that the Services are not a Party to this Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. The Licensor, not the Services, is solely responsible for the Licensed Application and the content thereof.

This Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ('Usage Rules'). The Licensor acknowledges that it had the opportunity to review the Usage Rules, and this Agreement is not conflicting with them.

The Licenced Application when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Agreement. The Licensor reserves all rights not expressly granted to You. Licenced Application is to be used on devices that operate with Apple's operating systems ('iOS') or Google's operating system ('Android').

The Licensor may revise and update this Agreement at any time; please periodically review them, because Your continued usage indicates Your agreement with any such changes. Any changes the Licensor make will be effective immediately upon notice, which the Licensor may provide by any means including, without limitation, posting a revised version of this Agreement on the Site. If the Licensor makes any material changes to this Agreement, the Licensor will endeavour to notify You in advance of such change, by highlighting the change on the Sites or by sending an email to You at the email address that you have registered with the Licensor. You can determine when this Agreement was last revised by referring to the “Last Updated” legend at the top of this Agreement. You should return to this page periodically to ensure familiarity with the most current version of this Agreement.

Table of contents

  1. THE APPLICATION
  2. SCOPE OF LICENCE
  3. TECHNICAL REQUIREMENTS
  4. MAINTENANCE AND SUPPORT
  5. AGE RESTRICTION
  6. USE OF DATA
  7. USER-GENERATED CONTRIBUTIONS
  8. CONTRIBUTION LICENCE
  9. LIABILITY
  10. WARRANTY
  11. PRODUCT CLAIMS
  12. LEGAL COMPLIANCE
  13. CONTACT INFORMATION
  14. TERMINATION
  15. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
  16. INTELLECTUAL PROPERTY RIGHTS
  17. APPLICABLE LAW

1. THE APPLICATION

Separating better ('Licensed Application') is a piece of software created for separating parents to self-manage the separation process, thereby reducing pressure on the English family court system — and customised for iOS and Android mobile devices ('Devices'). It is used to provide practical and emotional support, serving as a single authoritative resource for navigating separation in the best interests of the children involved.

2. SCOPE OF LICENCE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on any Devices that You (‘End-User’) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (‘End-User’, ‘The Purchaser’) via Family Sharing or volume purchasing.

2.2 This licence will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.

2.3 You may use the Licensed Application only for lawful purposes and in accordance with the terms of this Agreement.

2.4 You may not share or make the Licensed Application available to third parties, unless allowed by the Usage Rules and with the Licensor’s prior written consent. You may not sell, rent, lend, lease, or otherwise redistribute the Licensed Application.

2.5 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof, except with the Licensor's prior written consent.

2.6 You may not copy or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. No unauthorised third parties may gain access to these copies at any time. If You sell your devices to a third party, You must remove the Licensed Application from the devices before doing so.

2.7 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.8 Licensor reserves the right to modify the terms and conditions of licensing.

2.9 Nothing in this Agreement should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 The Licensed Application requires the minimum firmware, operating system version supported by either Apple or Google or higher. Licensor recommends using the latest version of the firmware and operating system.

3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.

4.2 The Licensor and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. AGE RESTRICTION

You must be at least 18 (eighteen) years of age before You can use this Licenced Application. By using this Licenced Application, You warrant that You are at least 18 years of age and You may legally adhere to this agreement. The Licensor assumes no responsibility for liabilities related to age misrepresentation.

6. USE OF DATA

In order to enjoy access to the Licenced Application, You must register for an account. When registering an account, You agree to:

6.1 Provide true, accurate, current and complete information;

6.2 Maintain and update this information to keep it true, accurate, current, and complete;

6.3 Protect and prevent unauthorised access to Your account;

6.4 Not transfer or share Your account with any third party; and

6.5 Immediately notify the Licensor of any suspected or actual unauthorised use of Your account or breach of security. Failure to do so may result in the suspension or termination of Your account.

Please note that You are solely responsible for all activities that occur under Your account, whether or not You authorised the activity, and You agree to not hold the Licensor liable for any loss or damage to You or any third party arising from Your failure to comply with of the foregoing obligations.

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: www.oneplusone.org.uk/policies.

You acknowledge that the Licensor may periodically collect and use technical data and related information about Your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to You (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to You, as long as it is in a form that does not personally identify You.

7. USER-GENERATED CONTRIBUTIONS

The Licensed Application may invite You to chat, contribute to, or participate in questionnaires, surveys, individual or joint parenting plans, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to the Licensor or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Licensed Application if You create a joint parenting plan. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary.

7.1 The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

7.2 You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise the Licensor, the Licensed Application, and other users of the Licensed Application to use Your Contributions in any manner contemplated by the Licensed Application and this Agreement.

7.3 You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Licensed Application and this Agreement.

7.4 Your Contributions are not false, inaccurate, or misleading.

7.5 Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

7.6 Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by the Licensor).

7.7 Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

7.8 Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

7.9 Your Contributions do not violate any applicable law, regulation, or rule.

7.10 Your Contributions do not violate the privacy or publicity rights of any third party.

7.11 Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

7.12 Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

7.13 Your Contributions do not otherwise violate, or link to material that violates, any provision of this Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of Your rights to use the Licensed Application without notice.

8. CONTRIBUTION LICENCE

By posting Your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking Your account from the Licensed Application to any of your social networking accounts, You automatically grant, and You represent and warrant that You have the right to grant, to the Licensor an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, Your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This licence will apply to any form, media, or technology now known or hereafter developed and includes the Licensor’s use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide. You waive all moral rights in your Contributions, and You warrant that moral rights have not otherwise been asserted in your Contributions.

The Licensor does not assert any ownership over Your Contributions. You retain full ownership of all Your Contributions and any intellectual property rights, or other proprietary rights associated with Your Contributions. The Licensor is not liable for any statements or representations in Your Contributions provided by You in any area in the Licensed Application. You are solely responsible for Your Contributions to the Licensed Application, and You expressly agree to exonerate the Licensor from any and all responsibility and to refrain from any legal action against the Licensor regarding Your Contributions.

You understand and agree that all Contributions that You may be sent when using the Licensor’s Licenced Application, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Contributions. This means that You, not the Licensor, are entirely responsible for all Contributions that You may upload, communicate, transmit or otherwise make available via the Licenced Application.

Licensor has the right, in the Licensor’s sole and absolute discretion:

8.1 To edit, redact, or otherwise change any Contributions;

8.2 To recategorise any Contributions to place them in more appropriate locations in the Licensed Application; and

8.3 To pre-screen or delete any Contributions at any time and for any reason, without notice. The Licensor has no obligation to monitor Your Contributions.

9. LIABILITY

9.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

9.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

10. WARRANTY

10.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

10.2 No warranty is provided for the Licensed Application that is not executable on the device, that has not been authorised for modification, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of the Licensor's sphere of influence that affect the execution of the Licensed Application.

10.3 You are required to inspect the Licensed Application immediately after installing it and notify the Licensor about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration.

10.4 If the Licensor confirms that the Licensed Application is defective, the Licensor reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

11. PRODUCT CLAIMS

The Licensor and the End-User acknowledge that the Licensor, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

11.1 product liability claims;

11.2 any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

11.3 claims arising under consumer protection, privacy, or similar legislation.

You represent and warrant that You are not located in a country that is subject to a UK Government embargo, or that has been designated by the UK Government as a 'terrorist supporting' country; and that You are not listed on any UK Government list of prohibited or restricted parties.

13. CONTACT INFORMATION

For general inquiries, complaints, questions, or claims concerning the Licensed Application, please contact:

OnePlusOne Marriage and Partnership Research
MHA MacIntyre Hudson,
6th Floor 2 London Wall Place,
London,
EC2Y 5AU

Email: support@oneplusone.org.uk

14. TERMINATION

The license is valid until terminated by the Licensor or by You. Your rights under this license will terminate automatically and without notice from the Licensor if You fail to adhere to any term(s) of this Agreement. Upon Agreement termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

15. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

The Licensor represents and warrants that the Licensor will comply with applicable third-party terms of the agreement when using the Licensed Application.

16. INTELLECTUAL PROPERTY RIGHTS

The Licensor and You acknowledge that, in the event of any third-party claim that the Licensed Application or Your possession and use of that Licensed Application infringes on the third party's intellectual property rights, the Licensor, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claims.

17. APPLICABLE LAW

This Agreement is governed by the laws of England and Wales, English law, excluding its conflicts of law rules.