Terms and Conditions
ATTENTION: THE USE OF CRITON INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS (the Terms) AND THAT YOU AGREE TO BE BOUND BY THEM AND TO COMPLY WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS.
Welcome to CRITON, the online service operated by Information Apps Ltd (registered in Scotland, No. SC521258) having its registered office at Cairnfield, 14 School Road, Balmullo, St. Andrews, Fife (Company, we, or us) for the creation, and provision to other users, of mobile applications for the hospitability sector (the Service). This page describes the Terms upon which you (the User) may access and use our online or mobile services or our websites www.information-apps.com and www.critonapps.com or our cloud software platform in connection with the Service (and the online guide hosted there).
By accessing or using the Service, the User agrees to be bound by the Terms and to comply with all applicable laws and all conditions and/or polices referred to in the Terms.
Description of and access to the Service
1.1 The Company provides an infrastructure including an online guide (the Documentation) and a cloud software platform, CRITON, (the Platform) for the creation and use of an application for the hospitality and service sector. CRITON allows the creation by the User of a branded mobile application (the app) containing information relevant to guests of the User (each an End User) which is compiled for iOS and Android and subsequently submitted by the Company to the App Store and Google Play.
1.2 The Company will provide access to the infrastructure, the Documentation and the Platform (a) for such persons as the User shall, designate to create the app; and (b) to End Users to allow them to download the app and it’s content (User’s Content).
1.3 The User undertakes that:-
(a) it shall keep a secure password for the use of the Services and that it will keep that password confidential;
(b) it shall disable any individual’s access to the Services promptly upon termination or suspension of that individual’s employment or services contract with the User; and
(c) it will use the Service only in connection with the hospitality business carried on by it, and not in connection with any business carried on by any other person.
2 Content Ownership
2.1 The Service, the infrastructure, the Platform and the Documentation and all its original content and all intellectual property rights of whatsoever nature therein are the sole property of the Company.
2.2 The Company will provide (a) to the User a non-exclusive license to use the Platform and the Documentation to create an app by the uploading of User’s Content; and (b) to the End-User an exclusive and non-transferable license to download and use the User’s Content from the Platform.
2.3 The User agrees not to upload or store any content other than that related to the hospitality sector.
2.4 The User is prohibited from using the Service to post or transmit any illegal or unlawful, threatening, libellous, defamatory, obscene, pornographic, or other User Content that would violate any law(s) or regulation(s). The Company is, to the maximum extent permitted by law, exempted from obligation to monitor User Content for such materials. However the Company retains the right to remove such User Content.
2.5 The Company and the User agree:-
(a) that the Company is not responsible or liable for the deletion of or failure to store any of the applications, the User’s Content, and other communications maintained or transmitted through use of the Services; and
(b) the User is solely responsible for securing and backing up all applications, including source and object code, and User Content.
3 User’s obligations.
3.1 The User shall:
a. ### provide the Company with:-
i. #### all necessary co-operation in relation to this agreement; and ii. #### access to such information as may be required by the Company,
in order to provide the Services, including the User Content, security access information and configuration services;
a. ### comply with all applicable laws and regulations, including any of those relating to the export of data and software, with respect to its activities under this agreement;
b. ### carry out all the User’s responsibilities set out in this agreement in a timely and efficient manner. In the event of any delays in the Users’ provision of such assistance, the Company may adjust any agreed timetable or delivery schedule as reasonably necessary;
c. ### ensure that the End-Users use the Services in accordance with the terms and conditions of this agreement and shall be responsible for breach of this agreement caused or contributed to by any acts or omissions on the part of any End-User;
d. ### ensure that its network and systems comply with the relevant specifications provided by the Company from time to time;
e. ### be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Company’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the User’s or any End-User’s network connections or telecommunications links or caused by the internet;
f. ### as between the parties, be responsible for responding to all third party requests concerning the use of the Services by the User or any End-User; and
g. ### not access the Services in a manner intended to avoid incurring fees or unreasonably to reserve names for applications, by creating multiple applications or deployments of the same application or otherwise.
3.2. The User shall defend, indemnify and hold harmless the Company against claims, actions, proceedings, losses, damages, expenses and costs (including court costs and reasonable legal fees) arising out of or in connection with:
(a) the User’s Content;
(b) the User’s trademarks, intellectual property rights or copy rights; or
(c) the End-User’s use of the Services.
4 Privacy and Security
4.2 The User may not reverse engineer, decompile, disassemble, or work around technical limitations in the Platform or the Service, except to the extent that applicable law permits it despite these limitations. You may not disable, tamper with, or otherwise attempt to circumvent any control or limitation that is part of the Platform or the Service.
4.3. The Company may exercise applicable legal and technical measures in order to resist unacceptable use of the Service. This may include (i) prevention of offending User and/or End Users from use of the Platform and, (ii) upon notification, and 30 day option to withdraw the offending data from the Service, removal of the app from the App Store and Google Play.
5 Trial Period
5.1 The trial period for using this Service is 14 days (the Trial Period) starting at the moment of registration on our website, during which time the User may create an app and make changes to the content of the app, however the app will not be submitted to the App Store or Google Play until payment is received by the Company.
5.2 At any time during the Trial Period the User can make payment for the Service and their app will be submitted to the app stores and Google Play.
6 Time to Publish
The Company does not guarantee publishing speed. If requested the latest time to publish statistics will be researched from the App Store and Google Play and passed on to the User.
7 Payment and Invoices
7.1 Upon subscribing to the Service, the User will receive a receipt for the initial payment by email. Thereafter they will be charged annually or monthly depending on the Service to which they have subscribed. Any additional extras will be charged in advance. Invoices will be sent for each payment.
7.2 If the Company has not received any payment after 7days of issuing an invoice, the Company will remove the app from the app stores and Google play.
7.3 The Company may increase the subscription fees from time to time. The Company will give not less than 30 day’s notice of any increase in subscription fees.
8.1 There is no minimum contract term and therefore you can cancel your service at any time. Annual payers will receive a refund of the remaining term less an administration fee of £20 + VAT.
8.2 If you cancel midway through a monthly payment cycle you will not receive a refund for the partial month.
8.3 To cancel your account send us an e-mail from the e-mail address that requested the service. We reserve the right to check your cancellation by phone or email.
8.4 When your subscription ends, a request to delete your apps will be sent to the App Store and Google Play. The time it takes to be removed from these stores is out with our control.
8.5 Upon cancellation we will disable your account. Your account and all the information uploaded will be held for 6 months and then deleted from our servers. Within this six month period your account can be reactivated and the information will remain intact.
8.6. After cancellation, you will no longer have rights to access the content uploaded to the Service.
9 Refusal of Service
We reserve the right to refuse, cancel or suspend the service at our sole discretion.
10.1 We cannot be held liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement.
10.2 Our maximum liability in contract (tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the total Subscription Fees paid for the User during the 12 months immediately preceding the date on which the claim arose.
10.3 We take no responsibility for the use of our Users’ accounts. Failure to comply with any of the above Terms or Conditions will result in the automatic deactivation of the account without notice.
11 Governing Law
These Terms and Conditions are governed by Scots law.
All communication with regard to these Terms and Conditions must be directed to:
38 Castle Terrace (codebase)
Phone: 0800 970 4410