EULA and Acceptable Use Policy

This end-user licence agreement (EULA) is a legal agreement between you and White Key Apps Limited (registration no. 09826727), a company incorporated in England and Wales whose registered office is at Suite 302, Totemic House, Springfield Business Park, Caunt Road, Grantham, Lincolnshire, NG31 7FZ, (“we or us”).

This EULA sets out the terms on which you may use the PayPal Plus App (“the App”). You should read these terms carefully. If you do not agree to these terms please do not use the App. By using the App, you confirm that you accept and will abide by the terms of this EULA, our Acceptable Use Policy [link], and PayPlan’s Privacy Policies.

We distribute the App on behalf of PayPlan Partnership Limited (“PayPlan”). We act as an agent for PayPlan and you may only use the App if you are a current client of PayPlan. When using the App you will be required to use a unique login provided by PayPlan.

You are responsible for keeping your username, password and all the activities that you undertake on the App confidential. You agree that you will not allow anyone else to use the App.

We can, at our sole discretion, terminate this EULA if we believe you have not complied with this the terms.

1. License to use the App

We license use of the App to you on the following basis and subject to any rules or policies applied by the appstore provider from whose site you downloaded the App. If any open-source software is included in the App, the terms of the applicable open-source licence may override some of the terms of this license.

In return for you agreeing to abide by this EULA and the Privacy and Acceptable Use Policies, we grant you a non-transferable, non-exclusive licence to use the App for your personal use only and subject to these terms. We reserve all other rights, including the right to terminate this license at will. In return, you agree:

(a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or any part of the App or permit the App to be combined with, or become incorporated in, any other programs;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

(i) is used only for the purpose of achieving inter-operability of the App with another software program;

(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(iii) is not used to create any software that is substantially similar to the App;

(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;

(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.

2. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the App. Payplan is the owner or the licensee of all intellectual property rights in the content and material published through the App. These intellectual property rights are protected by copyright laws around the world and all rights are reserved.

You must not use any part of the content or materials on the App for commercial purposes without our prior written approval.

3. User Content

You may only submit content through App that you have created or have been authorised by the owner of the content to submit. You or the owner of the content will retain the copyright in any content sent to us, but by submitting the content you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use the content for the purposes of providing the App.

We will not allow other users of the App to view or access your content.

You agree you will not post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the App.

4. Reliance on information on the App

We are not responsible for the content and materials provided through the App. Any reliance you place on the content or materials published through the App will be governed by the terms of your existing agreement with Payplan.

To the extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on any content, commentary or other materials posted on the App. We disclaim such liability in respect of any user of the App or anyone who may be informed of any of the contents.

Nothing in this agreement is intended to detract from your rights (if any) as a consumer.

5. Our liability

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the App; or
• use of or reliance on any content or materials displayed on the App.

You agree not to use the App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or to your downloading of any content on it, or on any website linked to it.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or any content on it, whether express or implied. We do not exclude or limit our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

6. Privacy Policy

We process any personal information you submit through the App on behalf of PayPlan and by using the App you consent to such processing. Any personal information you submit through the App will be processed in accordance with your agreement with PayPlan. We are unable to access and do not store any personal information you submit through the App.

We may store and retain certain technical information about your mobile device and use of the App, but not in a manner that can be linked to you or your personal data. We will use this technical data to

• administer the App and for internal operations, including reporting, troubleshooting, data analysis and App testing;
• improve the App to ensure that content is presented in the most effective manner for you and for your device;
• allow you to participate in interactive features of our service, when you choose to do so; and
• keep our App safe and secure.

7. Links from the App

Where the App contains links to websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

8. No waiver

Our failure to insist upon or enforce any provision of this EULA shall not be construed as a waiver of any of our rights.

9. Jurisdiction and applicable law

This EULA is subject to the laws of England and Wales and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

10. Amending the Terms Of Use

We may revise this EULA at any time. We will notify you of the new terms by a message sent through the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.

11. Your Questions

You should direct any questions about the App, including any technical support queries, to your PayPlan Case Officer.

Acceptable Use Policy

You must comply with this Acceptable Use Policy when using the App.

You may use the App for lawful purposes only.

You must not use the App:

• If your use breaches any applicable law or regulation whether local, national or international.
• If your use is unlawful or fraudulent.
• If your use harms, or could harm, minors in any way.
• To send spam materials to other people.
• To post any content which contain material which is defamatory, obscene, offensive, hateful, inflammatory, deceptive, is likely to harass, upset, embarrass or impersonate any person or which is sexually explicit, promotes violence or any form of discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age, or which infringes any third party intellectual property rights or other rights.
• To knowingly introduce or transmit viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

In addition:

• You must not gain, or attempt to gain, unauthorised access to the App or any server, computer or database connected to the App.
• You must not attack any server to which the App is connected via a denial-of-service attack or a distributed denial-of service attack or do anything that could disable or impair the App.

If you breach any provisions of the Computer Misuse Act 1990 you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity (if known) to them.

If you breach these terms contained in this Acceptable Use Policy, your right to use the App will cease immediately.

EULA and Acceptable Use Policy

This end-user licence agreement (EULA) is a legal agreement between you and White Key Apps Limited (registration no. 09826727), a company incorporated in England and Wales whose registered office is at Suite 302, Totemic House, Springfield Business Park, Caunt Road, Grantham, Lincolnshire, NG31 7FZ, (“we or us”).

This EULA sets out the terms on which you may use the PayPal Plus App (“the App”). You should read these terms carefully. If you do not agree to these terms please do not use the App. By using the App, you confirm that you accept and will abide by the terms of this EULA, our Acceptable Use Policy [link], and PayPlan’s Privacy Policies.

We distribute the App on behalf of PayPlan Bespoke Solutions Limited (“PayPlan”). We act as an agent for PayPlan and you may only use the App if you are a current client of PayPlan. When using the App you will be required to use a unique login provided by PayPlan.

You are responsible for keeping your username, password and all the activities that you undertake on the App confidential. You agree that you will not allow anyone else to use the App.

We can, at our sole discretion, terminate this EULA if we believe you have not complied with this the terms.

1. License to use the App

We license use of the App to you on the following basis and subject to any rules or policies applied by the appstore provider from whose site you downloaded the App. If any open-source software is included in the App, the terms of the applicable open-source licence may override some of the terms of this license.

In return for you agreeing to abide by this EULA and the Privacy and Acceptable Use Policies, we grant you a non-transferable, non-exclusive licence to use the App for your personal use only and subject to these terms. We reserve all other rights, including the right to terminate this license at will. In return, you agree:

(a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or any part of the App or permit the App to be combined with, or become incorporated in, any other programs;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

(i) is used only for the purpose of achieving inter-operability of the App with another software program;

(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(iii) is not used to create any software that is substantially similar to the App;

(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;

(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.

2. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the App. Payplan is the owner or the licensee of all intellectual property rights in the content and material published through the App. These intellectual property rights are protected by copyright laws around the world and all rights are reserved.

You must not use any part of the content or materials on the App for commercial purposes without our prior written approval.

3. User Content

You may only submit content through App that you have created or have been authorised by the owner of the content to submit. You or the owner of the content will retain the copyright in any content sent to us, but by submitting the content you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use the content for the purposes of providing the App.

We will not allow other users of the App to view or access your content.

You agree you will not post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the App.

4. Reliance on information on the App

We are not responsible for the content and materials provided through the App. Any reliance you place on the content or materials published through the App will be governed by the terms of your existing agreement with Payplan.

To the extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on any content, commentary or other materials posted on the App. We disclaim such liability in respect of any user of the App or anyone who may be informed of any of the contents.

Nothing in this agreement is intended to detract from your rights (if any) as a consumer.

5. Our liability

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the App; or
• use of or reliance on any content or materials displayed on the App.

You agree not to use the App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or to your downloading of any content on it, or on any website linked to it.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or any content on it, whether express or implied. We do not exclude or limit our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

6. Privacy Policy

We process any personal information you submit through the App on behalf of PayPlan and by using the App you consent to such processing. Any personal information you submit through the App will be processed in accordance with your agreement with PayPlan. We are unable to access and do not store any personal information you submit through the App.

We may store and retain certain technical information about your mobile device and use of the App, but not in a manner that can be linked to you or your personal data. We will use this technical data to

• administer the App and for internal operations, including reporting, troubleshooting, data analysis and App testing;
• improve the App to ensure that content is presented in the most effective manner for you and for your device;
• allow you to participate in interactive features of our service, when you choose to do so; and
• keep our App safe and secure.

7. Links from the App

Where the App contains links to websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

8. No waiver

Our failure to insist upon or enforce any provision of this EULA shall not be construed as a waiver of any of our rights.

9. Jurisdiction and applicable law

This EULA is subject to the laws of England and Wales and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

10. Amending the Terms Of Use

We may revise this EULA at any time. We will notify you of the new terms by a message sent through the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.

11. Your Questions

You should direct any questions about the App, including any technical support queries, to your PayPlan Case Officer.

Acceptable Use Policy

You must comply with this Acceptable Use Policy when using the App.

You may use the App for lawful purposes only.

You must not use the App:

• If your use breaches any applicable law or regulation whether local, national or international.
• If your use is unlawful or fraudulent.
• If your use harms, or could harm, minors in any way.
• To send spam materials to other people.
• To post any content which contain material which is defamatory, obscene, offensive, hateful, inflammatory, deceptive, is likely to harass, upset, embarrass or impersonate any person or which is sexually explicit, promotes violence or any form of discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age, or which infringes any third party intellectual property rights or other rights.
• To knowingly introduce or transmit viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

In addition:

• You must not gain, or attempt to gain, unauthorised access to the App or any server, computer or database connected to the App.
• You must not attack any server to which the App is connected via a denial-of-service attack or a distributed denial-of service attack or do anything that could disable or impair the App.

If you breach any provisions of the Computer Misuse Act 1990 you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity (if known) to them.

If you breach these terms contained in this Acceptable Use Policy, your right to use the App will cease immediately.