Terms and Conditions of Use
Thank you for choosing a Reincubate product or service. Please read the following terms & conditions carefully as they govern your use of our products, services and our websites. Occasionally a particular product or service will require its own specific terms & conditions. If this is the case please read those in addition to these terms.
In these terms & conditions the following definitions apply:
"We", "us", "our" and "Reincubate" refer to Reincubate Ltd, a company registered in England number 5189175.
"You" refers to the person or company currently reading these terms & conditions.
"Product" or "application" refers to any product developed and sold by Reincubate.
"Service" refers to any online service provided by Reincubate, whether free or subscription.
"Website" refers to any Reincubate website including (but not limited to) www.reincubate.com, www.iphonebackupextractor.com, www.blackberryconverter.com, www.awdit.com and www.keepcalm-o-matic.co.uk.
1.Copyright and trademark
All Reincubate products and services are copyright (c) 2014 Reincubate Ltd. You may not copy, disassemble, decompile, modify or in any other way alter or duplicate any of our products or services without our explicit permission. There are two exceptions to this:
- where we make available a demonstration version of a product or service you may distribute this freely provided you acknowledge us as the copyright holder and link back to our website,
- where you have purchased a Reincubate product or service you may make one copy for backup or archival purposes, provided the backup copy is not used at the same time as the original.
Reincubate is a registered trademark of Reincubate Ltd. Other trademarks used in Reincubate products and services are held by their respective owners.
2. Use of Reincubate products, services and websites
When you purchase a Reincubate product you are permitted a single non-exclusive worldwide perpetual license to use the product. By using the product you agree to be bound by these terms. Services may be purchased on a time-limited basis in which case any such license expires at the end of the term set out when the service was originally purchased.
You may not reverse engineer or decompile our products or services, or take any action that may assist others to do so. You may not incorporate any part of our products or services into any third party website, application or service without our express written permission.
You may not copy, sell, lend, give away or otherwise distribute the registered version of any of our products without express written permission from Reincubate Ltd. You may not share your login details for any Reincubate service with any other party or make any Reincubate service available to other parties.
You may distribute the unregistered version of the Application freely provided you do not charge (either directly or indirectly) for doing so. Any such distribution should prominently link back to our website so users are able to obtain the latest version of the unregistered application and view these terms.
If you wish to distribute or resell any version of the Application for profit then you must obtain our permission first.
You may not use Reincubate products or services for illegal purposes.
You may download pages from our website for your own personal or internal business use. You may not otherwise sell, rent, give away or otherwise distribute any of our website pages (in any form) without our express written permission, or where otherwise clearly indicated on the relevant page that you may do so.
You may not attempt to bypass any restrictions placed on your account for any Reincubate service, including, but not limited to, attempting to gain access to features only available to paying plans or plans other than the plan your account is set up for.
You may not use any information gained from any of our products, services or websites for any purpose other than your personal or internal business use. In particular you may not use such data for marketing activities.
3. Desktop Analytics Tool
Our software has an integrated analytics and reporting tool which collects the following information:
- Counts of the number of times the software is installed, uninstalled and run
- Summary information about any errors encountered when the software is run (no detailed information is recorded)
- Counts of the number of times key features within the software are used
By running our software you consent to the gathering of such information and the subsequent transmission of said data to Reincubate. Information is only sent to Reincubate using https encrypted secure transfer methods.
Information gathered by the desktop analytics may be used to enhance and improve our website and services or provide new or better products, services and websites. Any such use by us of information gathered from you will be anonymous and will never reveal personally identifiable data to third parties.
The application is provided as-is and no warranties, either express or implied, are made about the functionality of the application. Although we take reasonable care to ensure the proper operation of this software we cannot be held liable for any loss or damage, either direct or consequential, as a result of the use of this software.
You should always maintain your own independent copy of any relevant system or data files. We cannot be held responsible for any loss or damage to your data as a result of your use of our applications.
We do not guarantee that our software will always be able to function as promise. Although we will make our best endeavours to ensure our software is functional and free of bugs it is in the nature of software development that this can never be guaranteed 100%.
We may provide a free version of the Application that can be used to confirm if it is suitable for your purposes. It is your responsibility to ensure suitability of the application before you purchase, and we will not entertain any request for a refund on this basis.
Reincubate services and websites may not be available from time to time, or may operate with reduced functionality. We will attempt to provide prior warning of any scheduled maintenance through our website, but we cannot be held responsible for any loss or degradation of service, or any consequential loss or damage you may incur as a result.
Any information provided through the use of our websites or services is also provided on an 'as is' basis. Any recommendations made are not guaranteed, and if you are unsure you should always seek your own independent advice. You agree to indemnify us from any liability incurred as a result of your use of our services, or any advice provided through our services.
5. Payment and Refunds
If you wish to use the registered version of an application or service you must pay the advertised purchase price as displayed on our website. Once you have registered, licensing instructions will be automatically and immediately emailed to you.
We do not offer any refunds if you change your mind or find the Application is not suitable for your needs. It is your responsibility to ensure the Application is suitable for your needs before you purchase.
The only circumstance under which we may offer a refund is if you find a fault in the Application. If this is the case please email us with the circumstances and we will evaluate your case and decide whether a refund is appropriate. Our decision is final and no correspondence may be entered into.
6. Delivery of software
All our software is delivered in the form of electronic download of registration or activation keys. We do not provide physical media or separate registered versions of our software. We provide trial versions of our software which can be converted into full version by entering a registration or activation key.
When you purchase our software you will receive a registration key as part of the purchase process. Instructions on how to generate this key are delivered by email within a few seconds of completing the purchase process. If you do not receive your key within 30 minutes of completing your purchase then please contact us for assistance.
7. Support and upgrades
Registered users of our products are entitled to complementary email support for a period of twelve months from the date of their purchase. We regret that telephone support is not available. The support team can be contacted at firstname.lastname@example.org, and will endeavour to respond to support queries within two working days, although this cannot be guaranteed.
Registered users of our products are also entitled to use the latest version of the application on request for a period of twelve months from the date of their purchase.
8. Limitation of liability
We provide all products and services on an 'as-is' basis and accept no liability, either express or implied for any loss or damage incurred as a result of your use of our products or services, save where required by law. In such cases our total liability shall be limited to the charges paid by you to us for the use of the product or service.
Nothing in these terms & conditions shall affect your statutory rights under law.
This agreement is governed by by the laws of England and you accept the jurisdiction of the English courts in the event of any dispute.
If any part of this agreement is declared unenforceable by a court or properly constituted tribunal it will in no way affect the remaining parts of this agreement.
You may terminate this agreement at any time without warning and without notifying us. If you exercise your right to do so then you must uninstall and delete any copies of any Reincubate in your possession and cease use of any Reincubate service.
We may terminate this agreement if we believe you have committed a breach of this agreement which is not capable of remedy. If this is the case we will inform you by email to the email address we have on record for you, at which point you must uninstall and delete any copies of any Reincubate products in your possession and cease use of any Reincubate services.
If you have purchased the registered version of a Reincubate product and we terminate your agreement for a material breach then you are not entitled to any refund of the purchase price for the said product.
In the event of an error, Reincubate products may automatically report the error to our server using the HTTP protocol. If you do not accept this behaviour, do not use the software, or block outgoing HTTP requests with your firewall.
Without prejudice to any other relief available to us, we reserve the right to suspend or terminate your use of our services in the event we believe you to be in breach of these terms & conditions. In such a case we will make reasonable efforts to inform you of our actions after the event.
These terms & conditions may be varied from time to time. Notification of such changes will be made by means of a message on our website. Where such a change is minor and does not fundamentally affect your rights, your continued use of our service will constitute your acceptance of the amended terms & conditions.
Where we make a change to our terms & conditions that may fundamentally alter your rights under this agreement we will make reasonable efforts to notify registered users of such a change within 7 working days, and provide users with an opportunity to terminate any subscription and receive a refund of any remaining subscription. Your right to exercise this option may only be exercised for a period of 30 days after such a change to our terms & conditions.
You may not assign any portion of these terms & conditions, nor any rights or licenses granted under these terms, without our express written permission. We may assign these terms & conditions or any of our rights or license under these terms & conditions at our sole discretion.
Any failure by us to enforce any part of these terms & conditions will not affect our overall right to enforce any part of these terms & conditions, and will under no circumstances constitute a waiver of our rights under these terms & conditions.
No third party rights (whether under the Contracts (Rights of Third Parties) Act 1999 or any other relevant legislation) shall be conferred by virtue of these terms & conditions.
These terms & conditions are provided under the non-exclusive jurisdiction of England and Wales. You agree to accept the jurisdiction of the English Courts in the event of any dispute.