Who we are and what this agreement does
We (“we” or “us”) are Morpheus Limited (a Jersey company incorporated under the Companies (Jersey) Law 1991 with registered number 131355 and registered office address at Ordnance House, 31 Pier Road, St Helier, Jersey, JE4 8PW, Channel Islands.
We licence you to use the following as permitted in these terms:
The current version of the Yepic mobile application software, the Yepic Plus mobile application software (subject to you having paid the relevant subscription fees), the data supplied with the Yepic software and (where applicable) the Yepic Plus software, and any updates or supplements to it (collectively the “App”);
The related online documentation (the “Documentation”); and
The free features and related content of the online portal you can connect to via the App (the “Yepic Plus”).
Your privacy
Under data protection legislation, we are required to provide you with certain information, including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy, and it is important that you read that information.
Additional terms for YEPIC Plus
Where you have purchased paid-for features within the Yepic Plus, your use of the Yepic Plus will be governed by additional terms and conditions.
Google Play and/or Apple AppStore terms also apply
The ways in which you can use the App, the Yepic Plus and Documentation may also be controlled by the Google Play rules and policies and Apple App Store's rules and policies, and these rules and policies will apply instead of these terms where there are differences between the two.
Operating system requirements
The App requires either an Android device running a minimum of Android 8, or an iPhone running a minimum of iOS 13.
Communication between us (including complaints)
You can contact us regarding the App or the Yepic Plus, using the methods below:
Name of company: Morpheus Limited
Email address: privacyandterms@morpheushq.com
Postal address: 141 Farmer Ward Road, Kenilworth, Warwickshire, CV8 2SU
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.
How you may use the app
In return for your agreeing to comply with these terms, you may:
Download or stream a copy of the App onto your personal device and view, use and display the App and the Yepic Plus on such devices for the following purposes connected to your trade, such as:
- Creating, recording and documenting your work-related activities (each a “Job”) on the App.
- Managing your Jobs on the App.
- Tracking the locations of where you perform your Jobs.
- Creating timesheets to track how long you are at each Job location.
- Taking photos of all your Jobs and uploading such photos to the App.Use any Documentation and the Yepic Plus to support your permitted use of the App.
Receive and use any free supplementary software code or update of the App and/or Yepic Plus incorporating "patches" and corrections of errors as we may provide to you.
You must be 16 or over to accept these terms, download the App and use the Yepic Plus (and if under 18, have the consent of your parent/guardian).
You may not transfer the App or the Yepic Plus to someone else.
When creating an account on the App, this account is for your individual usage and should not be shared with anyone else. If you are provided with an authorisation code, log-in details, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to anyone else.
When creating an account, you are responsible for providing true, accurate and up to date information.
You agree that the use of the App and the Yepic Plus is limited for use within the UK.
We are giving you as an individual tradesperson the right to use the App and Yepic Plus as set out above. You may not otherwise transfer the App or the Yepic Plus 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.
Content
The App and the Yepic Plus allow you to post, link, store and share photos, videos, information, text, or material (“Content”). You are responsible for the Content you post to the App and/or the Yepic Plus and its legality, reliability and appropriateness.
We have the right to remove any Content you post on the App and/or the Yepic Plus if, in our opinion, your Content:
Is obscene, offensive, hateful or inflammatory.
Contains sexually explicit material.
Breaches any legal duty owed to anyone (such as a contractual duty or a duty of confidence).
Is threatening, abuse or invades another person's privacy, or causes annoyance, inconvenience or needless anxiety.
Is likely to harass, upset, embarrass, alarm or annoy any other person.
Promotes violence or discrimination.
Infringes any intellectual property rights.
Promotes any illegal content or activity.
Advocates, promotes, incites anyone to commit, or assists any unlawful or criminal act.
You retain any and all rights to the Content you submit, post, share or display on the App and/or the Yepic Plus, and you are responsible for protecting those rights as well as securing and backing up such Content. However, by posting Content to the App and/or the Yepic Plus, you grant us the right and licence to use, modify, perform, display and reproduce such Content on and through the App and/or the Yepic Plus.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you notice of any change by sending you an SMS or Push Notification, notifying you of a change. If you do not accept the notified changes, you will not be permitted to continue to use the App or the Yepic Plus.
Updates to the app
We may automatically update the App and/or the Yepic Plus to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App and/or the Yepic Plus for these reasons. 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/or the Yepic Plus and/or the performance of the App and/or the Yepic Plus may be hindered. The App and the Yepic Plus will work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
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.
We are not responsible for other websites you link to
The App and/or the Yepic Plus 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). Such links should not be interpreted as approval by us of such sites, information you may obtain from them, or any goods or services purchased by you from them. 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. We shall not be liable to you for any losses you may suffer in relation to any such use of such sites.
Licence restrictions
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available, the App and/or the Yepic Plus in any form, in whole or in part to any person without our prior written consent.
Not copy the App or Documentation, except as part of the normal use of the App and/or the Yepic Plus or where it is necessary for the purpose of back-up or operational security.
Not merge, adapt, vary, alter or modify, the whole or any part of the App, the Yepic Plus or Documentation or permit the App or Yepic Plus or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App or Yepic Plus on devices as permitted in these terms;
Not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the App or the Yepic Plus 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 or the Yepic Plus to obtain the information necessary to create an independent program that can be operated with the App or the Yepic Plus or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
- Is not disclosed or communicated (without our 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.
- Is used only for the Permitted Objective.Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App and/or the Yepic Plus.
Intellectual property rights
All intellectual property rights in the App, the Yepic Plus and the Documentation throughout the world belong to us (or our licensors), and the rights in the App and the Yepic Plus are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Yepic Plus or the Documentation other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
Our limited warranty to you
We warrant that:
The App and the Yepic Plus will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documentation; and
The Documentation correctly describes the operation of the App and the Yepic Plus in all material respects.
This warranty does not apply if the defect or fault in the App results from:
You having altered or modified the App and/or the Yepic Plus.
You having used the App and/or the Yepic Plus in breach of these terms.
The device on which you are using the App and/or the Yepic Plus, for example:
- how your device interacts with the App and/or the Yepic Plus;
- where your device is unable to accurately record the GPS location of any of your Jobs; or.
- the inaccuracy of sensor data on your device.
We do not warrant that your use of the App or the Yepic Plus will be uninterrupted or error-free or that the App or the Yepic Plus will be free from vulnerabilities or viruses.
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.
We are not liable for the following losses
We will have no liability to you under these terms for any use of (or inability to use) the App, the Yepic Plus, our site, use of or reliance on any content displayed on the App, the Yepic Plus or our site, any direct or indirect loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, wasted expenditure, loss or corruption of data or information, loss of business opportunity, goodwill or reputation or any other special, indirect or consequential loss, damage, charges or expenses.
The App, the Documentation and the Yepic Plus are made available to you for use in relation to your profession or trade. We will have no liability to you under these terms for any loss you suffer as a result of your domestic or personal use of the App, the Documentation or the Yepic Plus.
Limitations to the App and the Yepic Plus
The App and the Yepic Plus do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App and/or the Yepic Plus. Although we make reasonable efforts to update the information provided by the App and the Yepic Plus, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Check that the App and the Yepic Plus are suitable for you
Neither the App or the Yepic Plus have been developed to meet your individual requirements. Please check that the facilities and functions of the App and Yepic Plus (as described on our website and in the Documentation) meet your requirements.
When we are liable for damage to your property
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 (subject to the limitations on our liability set out below). 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.
Limitations on our liability to you
Subject to the above and other than those losses set out above for which (i) we do not exclude or limit our liability in any way and (ii) we have stated we are not liable, our maximum aggregate liability under or in connection with these terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £200.
Exclusion of implied terms
These terms set out the full extent of our obligations and liabilities in respect of our licensing of the App, Yepic Plus and Documentation to you. Except as expressly stated in these terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the licensing of the App, Yepic Plus and Documentation which might otherwise be implied into, or incorporated in, these terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
We are not responsible for events outside our control
If our provision of the App and/or the Yepic Plus is delayed by an event outside our control or any third party, 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, but if there is a risk of substantial delay, you may contact us to end your contract with us.
We may end your rights to use the App and/or the Yepic Plus if you break these terms
We may end your rights to use the App and/or the Yepic Plus 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.
If we end your rights to use the App and/or the Yepic Plus:
You must stop all activities authorised by these terms, including your use of the App and/or the Yepic Plus.
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.
We may suspend and/or close your account and cease providing you with access to the App and/or the Yepic Plus.
We may transfer this agreement to someone else
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.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
Other important terms
These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.
If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these terms, we can still enforce them 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 these terms, 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.
These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
