Terms of use

1. Who these terms are from

These terms are issued by ZAAPTO LTD, registered in England and Wales with company number 16938315, registered office 4 Wix Road, Basingstoke, England, RG24 9ZF. In these terms "ZAAPTO", "we" and "us" mean that company, and "you" means the person using this website or an application we publish.

Contact for anything in these terms: contact@zaapto.uk.

2. Acceptance

By using this website you accept these terms. If you do not accept them, stop using the site. Where you download an application we publish, you accept these terms when you install or first open it, and also accept the terms of the store you obtained it from.

Where you are agreeing on behalf of a company or another organisation, you confirm you are authorised to bind that organisation, and "you" then means the organisation.

Nothing in these terms affects rights you have under the law that cannot be excluded or restricted by agreement. Section 10 says what those rights are in a consumer purchase.

3. What is and is not covered

These terms cover the website at zaapto.uk and any application published by ZAAPTO on the Apple App Store, Google Play or an equivalent channel.

These terms do not cover paid work carried out for a client. That work is governed by a separate written engagement contract, and where that contract and these terms disagree about the work, the engagement contract prevails. Nothing on the website is an offer capable of acceptance, and a description of the work is not a contract for it.

4. Licence

You may view, use and print pages of this website for your own use, including assessing whether to engage ZAAPTO. Subject to your compliance with these terms, ZAAPTO grants you a personal, non exclusive, non transferable, revocable licence to install and use one copy of any application it publishes on a device you own or control, for the purpose the application is provided for.

The licence does not permit you to sell, rent, sublicense, distribute or make the software available to a third party as a service, to copy it except as ordinary use requires, or to remove any notice of ownership. Except where the law expressly allows it, you may not decompile, disassemble or reverse engineer any part of the software.

The licence ends automatically if you breach these terms. On the licence ending you must stop using the software and remove it from your devices.

5. Acceptable use

You must not use this website or any ZAAPTO application:

• in a way that breaks the law, or for a purpose that is unlawful or fraudulent;
• to gain or attempt to gain unauthorised access to any system, account or data, whether ours or anyone else's;
• to introduce a virus, worm, logic bomb or other harmful code;
• to interfere with the operation of the service, including by denial of service, excessive automated requests or circumventing a rate limit or security control;
• to scrape, harvest or systematically copy content except as a search engine does when indexing a public page;
• to upload or transmit material that infringes another person's rights, or that is defamatory, obscene or harassing;
• to send unsolicited commercial messages to any address published on this site.

Reporting a suspected security vulnerability in good faith to contact@zaapto.uk is welcome and is not a breach of this section, provided you do not access, alter or exfiltrate data that is not yours, do not degrade the service, and give us a reasonable opportunity to respond before publishing.

6. Accounts and security

This website has no account and no login. Where a ZAAPTO application offers an account, you must give accurate registration details, keep your credentials confidential, and tell us promptly at contact@zaapto.uk if you believe someone else has used them. You are responsible for activity carried out through your account, except to the extent it results from our own failure.

You must be at least 18 years old to create an account. How account data is handled, and how to delete an account, are set out in the privacy notice.

7. Intellectual property

The content of this website, the ZAAPTO name, and the software in any application ZAAPTO publishes belong to ZAAPTO LTD or to its licensors, and are protected by copyright and other rights. Nothing in these terms transfers ownership of any of it to you.

You may quote a short extract from this site with attribution and a link. You may not reproduce a substantial part of it, or present it as your own, without written permission.

7.1 Content you provide

You keep ownership of anything you put into a ZAAPTO application. You grant ZAAPTO only the licence needed to store, process and display that content in order to provide the service to you, and that licence ends when the content is deleted. ZAAPTO does not use your content to train a model, and does not disclose it except as the privacy notice describes.

7.2 Work delivered under an engagement

Ownership of what is produced during a paid engagement is dealt with in the engagement contract, not here. The standing position ZAAPTO offers is that the specification, the source code and the documentation produced for a client belong to that client on payment.

8. Subscriptions billed by an app store

Where a ZAAPTO application offers a paid subscription, that subscription is sold and billed by the store you downloaded the application from, under that store's own payment terms. ZAAPTO does not take your card details and cannot see them.

8.1 How billing works

The price, the billing period and any trial are shown in the application before you confirm, and payment is charged to your store account on confirmation. A subscription renews automatically for the same period at the then current price unless it is cancelled, and the renewal charge is taken by the store within 24 hours before the current period ends.

8.2 Trials

Where a free trial is offered, its length is stated before you start it. Unless you cancel at least 24 hours before the trial ends, it converts to a paid subscription and the first charge is taken. Any unused part of a trial is lost if you buy a subscription during it.

8.3 Price changes

If the price of a renewing subscription changes, the store notifies you and, where the store requires it, asks for your consent before the new price applies. If you do not agree, cancel before the next renewal date as section 9 describes.

8.4 Refunds

Refunds for store billed purchases are handled by the store under its own policy, because the store is the seller of record. Ask Apple or Google first. Your statutory rights in section 10 and your cancellation right in section 11 are unaffected by this, and if a store refuses a refund that the law entitles you to, write to us at contact@zaapto.uk and we will deal with it.

9. Cancelling a subscription

9.1 On iOS and iPadOS

Settings, then your name at the top, then Subscriptions, then the subscription, then Cancel Subscription.

9.2 On Android

Google Play, then your profile icon, then Payments and subscriptions, then Subscriptions, then the subscription, then Cancel subscription.

9.3 What cancelling does

Cancelling stops future renewals. Access continues until the end of the period you have already paid for, and the subscription then lapses. Cancelling does not by itself delete your account or your data, which is done as the privacy notice describes.

10. Your statutory rights

If you are a consumer, meaning you are acting wholly or mainly outside a business, the Consumer Rights Act 2015 gives you rights that these terms do not affect and cannot take away.

Digital content supplied to you must be of satisfactory quality, fit for a particular purpose you made known to us, and as described. If it is not, you are entitled to a repair or replacement and, where that is impossible or not done within a reasonable time and without significant inconvenience, to a price reduction of an appropriate amount, up to the full price. If defective digital content damages a device or other digital content belonging to you, and we have not exercised reasonable care and skill, you may be entitled to a repair or to compensation.

Where we supply a service, it must be performed with reasonable care and skill, within a reasonable time where no time was agreed, and at a reasonable price where none was agreed.

Detailed advice about consumer rights is available from Citizens Advice. Nothing in these terms requires you to go through us before exercising a right you have under the law.

11. The 14 day cancellation right

If you are a consumer buying digital content at a distance, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you 14 days from the day after the contract is made to cancel and receive a refund, without giving a reason.

11.1 The waiver for immediate supply

That right is lost once supply of the digital content has begun, if you gave express consent to supply beginning within the 14 day period and acknowledged that you would lose the right to cancel by doing so. Where a purchase in a ZAAPTO application gives you access immediately, the confirmation screen asks for that consent and that acknowledgement in plain words before you confirm, and your purchase records the answer. If you do not give them, supply waits until the 14 days have passed.

11.2 How to cancel within the period

Write to contact@zaapto.uk within the 14 days saying that you wish to cancel. Cancelling a store billed purchase in the cancellation period is usually quickest through the store's own refund process, and we will help if the store does not deal with it.

11.3 Business purchases

This cancellation right applies to consumers. It does not apply where you buy in the course of a business, and it does not apply to a paid engagement, which is governed by its own contract.

12. Business users and engagements

Where you engage ZAAPTO to carry out work, that engagement is governed by a written contract agreed before the work starts, covering scope, price, timing, ownership, support and data protection. These terms of use do not create any obligation to carry out work, to quote for work, or to accept an engagement.

An enquiry, a conversation, or an estimate given in an email is not a contract. Work begins when a written engagement is signed by both parties.

13. Availability and changes

This website is provided without any guarantee of uninterrupted availability. It may be unavailable during maintenance or because of a failure at the hosting provider, and pages may be changed, moved or withdrawn without notice.

Where a ZAAPTO application is provided under a paid subscription, we will not withdraw a material function that you are paying for during a period you have paid for without either giving you a reasonable alternative or refunding the unused part. Changes required for security, or by a store's rules or by law, may have to be made at short notice.

14. Disclaimers

The content of this website is general information about work the company undertakes. It is not advice, and it should not be relied on as the sole basis for a decision. We take care that it is accurate at the time of publication but do not warrant that it stays accurate.

ZAAPTO does not hold ISO 27001 certification, a SOC 2 report or Cyber Essentials certification, and nothing on this site should be read as claiming any certification, accreditation, partner status or endorsement.

Where a page links to a website operated by somebody else, that link is not an endorsement, and ZAAPTO has no responsibility for the content of that site.

To the extent permitted by law, and except for the statutory rights described in section 10, an application is provided on an "as is" basis and no warranty is given that it will be free of defects or that it will meet a requirement you have not told us about.

15. Liability

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by section 12 of the Sale of Goods Act 1979 or the equivalent provisions of the Consumer Rights Act 2015, or for any other liability that cannot lawfully be limited or excluded.

15.1 If you are a consumer

We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our failure to use reasonable care and skill. Loss is foreseeable if it is obvious that it will happen, or if both parties knew it might happen when the contract was made. We are not responsible for loss that is not foreseeable, and we are not liable for business losses, because our applications are supplied to consumers for private use.

15.2 If you are a business

Subject to the paragraph at the head of this section, we are not liable to you for loss of profit, loss of business, loss of anticipated savings, loss of goodwill, loss or corruption of data, or any indirect or consequential loss, however caused. Our total liability arising out of or in connection with these terms, whether in contract, tort including negligence, breach of statutory duty or otherwise, is limited to the greater of the total amount you have paid to ZAAPTO in the 12 months before the claim arose, or one hundred pounds.

Liability under a paid engagement is governed by the engagement contract, which sets its own limit, and this section does not apply to it.

15.3 Backups

You are responsible for keeping your own copies of anything you would not want to lose. Where we hold your content, we take reasonable care of it, but that is not a substitute for your own backup.

16. Suspension and ending access

We may suspend or end your access to an application if you materially breach these terms, if we are required to by law or by a store, or if your use is causing damage or a security risk to the service or to another user. Where it is practicable and lawful to do so, we will tell you first and give you an opportunity to put the matter right.

If we end access without a good reason of that kind while you are within a paid period, we will refund the unused part of what you paid. You may stop using the service at any time, and section 9 explains how a subscription is cancelled.

17. App stores and third parties

An application obtained from a store is also subject to that store's terms, and where a store's rules conflict with these terms in a way that affects your purchase, that store's rules apply to that purchase.

Where an application is obtained from the Apple App Store: this agreement is between you and ZAAPTO LTD only and not with Apple; ZAAPTO, not Apple, is responsible for the application and its content; Apple has no obligation to provide maintenance or support; in the event of a failure to conform to a warranty, you may notify Apple and Apple may refund the purchase price, and Apple has no other warranty obligation; ZAAPTO, not Apple, is responsible for any claim relating to the application, including product liability, a failure to conform to a legal requirement, or a claim under consumer protection or privacy law; and Apple and its subsidiaries are third party beneficiaries of these terms and may enforce them against you.

Except as stated in the paragraph above, a person who is not a party to these terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.

18. Changes to these terms

We may change these terms. The version in force carries the version number and effective date printed at the top of this page. Where a change materially affects a subscription you already hold, we will tell you before it takes effect and you may cancel under section 9 if you do not accept it. Continuing to use the service after a change takes effect means you accept the changed terms.

19. Notices

Notices to ZAAPTO may be sent by email to contact@zaapto.uk, or by post to ZAAPTO LTD, 4 Wix Road, Basingstoke, England, RG24 9ZF. Notices to you will be sent to the email address on your account, or shown in the application. A notice sent by email is treated as received on the working day after it is sent.

20. General

These terms, together with the privacy notice and the cookie statement, are the whole agreement between us about the website and any application, and replace anything said or written before. Nothing in this paragraph limits liability for fraudulent misrepresentation.

We may transfer our rights and obligations under these terms to another organisation, and will tell you in writing if we do. You may not transfer yours without our written consent.

If we do not insist that you do something you are required to do, or delay in taking a step against you, that does not mean we have given up the right to do so later. If a court finds part of these terms unlawful, the rest continues in force.

Neither party is liable for a failure to perform caused by an event outside its reasonable control, for as long as that event continues.

Nothing in these terms creates a partnership, joint venture or employment relationship between us.

21. Governing law and jurisdiction

These terms and any dispute arising out of them, including a non contractual dispute, are governed by the law of England and Wales.

The courts of England and Wales have exclusive jurisdiction, except that if you are a consumer living in Scotland or Northern Ireland you may also bring proceedings in the courts of the nation you live in, and you may rely on any mandatory consumer protection law of that nation.

If you are unhappy with something, please write to contact@zaapto.uk first. We will reply, and we would rather resolve a complaint directly than by correspondence between lawyers.