Terms of Use

Thank you for choosing Preceptiv. On this page we will go through the details and terms of use that will apply once you begin your journey with us.

These terms of use (Terms) set out the legal agreement between you (User or you) and Moment.Us Limited of 22 Lever Street, Manchester, M1 1EA (VAT number 161118834) (we or us) in relation to your use of the Preceptiv mobile application software (the App), the website located at www.preceptiv.co (the Site) and the data, information, content, documents, services and any other associated media contained in or supplied by us through the App and/or the Site (the Content) (together the Service).

BEFORE YOU BEGIN, PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY DOWNLOADING THE APP FROM THE APPSTORE AND ACCESSING THE SERVICE (THROUGH THE APP OR THE SITE), YOU AGREE TO, AND WILL BE LEGALLY BOUND BY, THESE TERMS, INCLUDING BUT NOT LIMITED TO, THE PRIVACY POLICY SET OUT IN SECTION 6 AND LIMITATIONS ON LIABILITY IN SECTION 7.

Important notices:

    1. Acknowledgements
      1. These Terms apply to the Service, including any updates or supplements to the Service unless they come with separate terms, in which case those separate terms apply.
      2. We reserve the right to change these Terms at any time at our sole discretion and we will notify you of any such changes made. The new Terms will be identified as the most recent by the date posted at the end of the Terms page. If you continue to use the Service after you have been notified of any changes to the Terms, we will take that as acquiescence to the new Terms.
      3. You understand and agree that we, and the operator of the Appstore, have no obligation to maintain, support, upgrade or update the Service. From time to time, updates to the App may be issued through the Appstore. We are under no obligation to notify you of such updates and it is your responsibility to check for updates to the App. Depending on the update, you may not be able to use the Service (partially or fully) until you have downloaded or streamed the latest version and accepted any new terms.
      4. You will be assumed to have obtained permission from the owners of the devices that are controlled, but not owned, by you to download the App or access the Site (as applicable). You and they may be charged by your and their service providers for internet access on these devices. You accept responsibility in accordance with these Terms for the use of the Service on or in relation to any device, whether or not it is owned by you.
      5. Some of the Service may be supported by advertising revenue in the future and you acknowledge and agree that we may place advertisements and promotions on the Service from time to time.
      6. In these terms, any words following the term including or any similar phrase shall be construed as illustrative and shall not limit the generality of the related words.
    1. Grant of license
      1. Subject to your compliance with these Terms, ` grant you a limited, non-transferable, non-exclusive, revocable licence to:

        (a) register one user account for the Service and to download the App and use the Service (in accordance with its pre-defined functionality only) under such user account;

        (b) stream and listen to music and all other Content made available by us through the Service;

        (c) create a public profile for the Service;

        (d) post, submit or upload content to the Service, including photos and other images, text, location data and dates (User Generated Content) strictly as permitted in accordance with these Terms and any other terms posted on the Service; and

        (e) engage with other users of the Service,

        for your personal, domestic purposes only, subject to these Terms and the Appstore Rules. We reserve all other rights.

      2. The licence set out in section 2.1 above shall remain in effect until terminated by you or us.
    1. Licence restrictions
      1. Due to restrictions that apply to use of the music available through the Service, when streaming music through the Service, you may skip over a maximum of six songs per hour via your user account. An ‘hour’ for this purpose means 60 minutes of use of the Service and, therefore, if your previous session using the Service finished part way through an hour, at the start of your next session that hour picks up where it left off at the end of the previous session.
      2. Except as expressly set out in these Terms or permitted by applicable law, you agree:

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

        (b) not to make alterations to, or modifications of, the whole or any part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other programs;

        (c) not to sell, rent, lease, distribute, sub-license, loan, translate, merge, adapt, modify or otherwise publish or communicate to the public, or use a modified version of, the whole or any part of the Service;

        (d) not to provide or otherwise make available the Service in whole or in part, in any form to any person without prior written consent from us;

        (e) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Service or attempt to do any such thing;

        (f) not to circumvent any technology used by us, our licensors or any third party to protect the Service or restrict the territories in which it can be used; and

        (g) not to alter or tamper with any copyright, trade mark or other proprietary or legal notices contained in or provided through the Service.

    1. Use
      1. You must, in relation to your use of the Service:

        (a) not use the Service for any unlawful, fraudulent or malicious purpose, or in any manner inconsistent with these Terms, any applicable law, regulations or codes of practice;

        (b) not send, post, upload, download or use any material (including any User Generated Content) that:

        (i) is defamatory, offensive, abusive, pornographic, obscene or otherwise objectionable; or

        (ii) infringes any intellectual property right, right of confidentiality, right to privacy or other third party rights;

        (c) not post unwanted comments or likes or other forms of harassing communications or any commercial communications in respect of other users’ User Generated Content;

        (d) not knowingly transmit any data, send or upload any material that contains any viruses or any other technologically harmful programs, data or code or otherwise use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

        (e) not collect or harvest any information or data from the Service or attempt to decipher any transmissions to or from the servers running the Service;

        (f) ensure all information you provide to us is, to the best of your knowledge, your information, accurate and complete;

        (g) not access the Service through any user account that you are not authorised to access; and

        (h) keep your user account information confidential and secure.

      2. You shall be solely responsible for all activities that occur on or through your user account. If your password is lost or stolen or you believe that a third party has accessed your account without authorisation, you must notify us immediately at hello@preceptiv.co and change your password immediately (if possible).
      3. If you elect to integrate your user account with a compatible social media account operated by a third party, you will be required to provide certain authentication information and you warrant that the social media account for which you provide such information is your own personal account.
      4. We do not monitor, review or edit User Generated Content, but reserve the right to remove or disable access to any User Generated Content for any or no reason, with or without prior notification, including where User Generated Content, in our sole discretion, violates these Terms.
    1. Intellectual property rights
      1. You grant to us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use any User Generate Content or other information that you post on or otherwise provide through the Service in accordance with these Terms, the privacy policy at section 6 below and the privacy settings of your account. You retain all intellectual property rights in the User Generated Content that you post on or otherwise provide through the Service, except that you agree to waive your right to be identified as the author of, and your right to object derogatory treatment of, such User Generated Content.
      2. You acknowledge that all intellectual property rights subsisting in the Service anywhere in the world belongs to us or our licensors, that rights in the Service are licensed (not sold) to you, and that you have no rights in, or to, the Service other than the right to use it in accordance with these Terms, in particular you have no right to have access to the Service in source-code form. All other rights are reserved.
      3. You must not use any part of the Service for commercial purposes without obtaining a licence to do so from us or our licensors.
      4. This licence does not grant you any rights to use (for commercial or non-commercial purposes) any trademarks, trade names, logos, domain names and other features of our brand, which are our sole property.
      5. If you use, copy or download any part of the Service in breach of these Terms, your right to use the same will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
      6. If you believe any content you own has been posted on the Service without your permission, please contact us at hello@preceptiv.co.
      7. For information regarding our API, please visit the Site, or feel free to contact us at dev@preceptiv.co for further information.
    1. Privacy policy
      1. When providing the Service to you, we will collect the following information about you:

        (a) your name, date of birth, gender, email address, username and password required upon sign up and registration;

        (b) any additional information which you add to your user profile;

        (c) User Generated Content that you post, upload or otherwise contribute to the Service;

        (d) if you integrate your user account with your any social media account operated by a third party:

        (i) you will need to provide, and we will collect, authentication information;

        (ii) once a link between your user account and your social media account has been established, we may collect information that is available on or through your social media account and shall use the same in accordance with this section 6 (including information relating to your interaction with the Service through your social media accounts);

        (e) when you are streaming music through the Service, we may collect certain data sent from your devices, including details of your location;

        (f) we will monitor your use of the Service, including your interactions with us, the Service, other users and other independent third-party websites including information relating to the playlists you stream through the Service and the songs you skip;

        (g) we may collect technical data that is associated with your User Generated Content;

        (h) we may collect technical data including the operating software used by your devices, your unique device IDs, your IP addresses, your network and device performance and identifying information; and

        (i) we will collect the details of any correspondence between you and us.

      2. We may use the information we collect, including your personal information, to:

        (a) set up your user account and provide the Service to you;

        (b) make your User Generated Content available to other users of the Service, except where you change your privacy settings to prevent us from doing so;

        (c) analyse your use of the Service, such as your listening habits and behaviour and your location when you use the Service, so that we may personalise and improve your experience of the Service provided to you;

        (d) verify your credentials with third party operators of your social media accounts and integrate your user account with your social media accounts where you have requested such integration;

        (e) publish information on your integrated social media accounts relating to your use of the Service. You understand and agree that use of such information by each third party social media network provider is governed by each such provider’s privacy policy;

        (f) provide targeted and customised advertising through the Service;

        (g) to help other users of the Service find and interact with you (including through third party social media networks);

        (h) analyse the functioning of the Service on your devices and use technical information about your devices and related software, hardware and peripherals for services that are internet-based or wireless to improve and develop our products or other goods, products and services;

        (i) contact you from time to time using the email address provided by you about the Service and your use of the Service;

        (j) send you emails or other electronic messages from time to time about our services and products, or services and products offered by selected third parties, or other information which we think you may find interesting, where you have indicated that you wish to be contacted for such purposes at the time you registered your user account;

        (k) enforce these Terms, including to protect the rights, property or safety of us, other users of the Service or any other person; and

        (l) as otherwise stated in these Terms.

      3. Under the default Service account settings, all of the data you provide to us (except for your full name, date of birth, gender and email address) may be made publicly available to other users of the Service. It is your responsibility to set the privacy settings of your user account (and social media accounts) to reflect your privacy preferences. Please be aware however that if you choose to disable any functionality, you may be prevented from accessing certain parts of the Service. Please also be aware that if you make any User Generated Content private that was previously public, it may still be available to other persons who previously had access.
      4. We may share information created from data we collect from you to third parties, but such information will be anonymised and/or statistical or aggregated information only. Additionally, we may share the information we collect, including your personal information, to third parties if:

        (a) we sell any business or assets or seek investment, in which case we may disclose your personal data to the prospective buyer of such business or assets or investor;

        (b) substantially all of our assets are acquired by a third party, in which case personal data held by us about you and its other customers will be one of the transferred assets;

        (c) we sub-contract any services which require the processing of your data, for example, where we engage a third party to host and maintain any part of the Service; and/or

        (d) we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation, or in order to enforce or apply these Terms.

      5. We may also disclose your personal information to any party that may fall within our group of companies, which means any subsidiaries, any ultimate holding company and such holding company’s subsidiaries, as such words are defined in section 1159 of the UK Companies Act 2006.
      6. Your information collected through the Service will be stored and processed within the European Economic Area (EEA).
      7. The Service is not directed at children under the age of 13. If you are 13 you should cease using and delete the Service immediately. If we discover that any person using the Service is under 13, we will delete their account and all personal information they have provided.
      8. For the purpose of the Data Protection Act 1998, Preceptiv Limited is the data controller.
      9. Following termination or deactivation of your account, we may retain the information that you have provided to us through or in connection with the Service for so long as we deem reasonably necessary for our commercial purposes.
    1. Limitation of liability
      1. The Service is provided to you on an “as is” basis, without any representation or endorsement made and, to the extent permitted by law, without warranty, representation, condition or assurance of any kind, whether express or implied (including any warranty that the Service will be available, uninterrupted or error free). We therefore exclude all liability and responsibility from any reliance placed on the Service by you, or by anyone who may be informed of any of its contents.
      2. You acknowledge that the Service has not been developed to meet your individual requirements. You acknowledge that you have not relied on any statement, promise, warranty or representation made or given by or on behalf of us that is not set out in these Terms.
      3. We shall have no liability to you in relation to your inability to access the Service which may result from any faults, errors or problems relating to your hardware, software, network or security or your Internet service provider or any other similar problem.
      4. We do not guarantee the security or confidentiality of any electronic communications and shall not be responsible to you for any loss or damage that you may suffer as a result of the transmission of any such communications. You acknowledge that Internet transmissions are never completely private or secure.
      5. Your access to and use of the Service is at your risk. If you are dissatisfied with the Service, your sole and exclusive remedy is to discontinue accessing and using the Service.
      6. The Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
      7. Subject to section 7.9, we hereby expressly exclude any and all liability for:

        (a) any loss, damage or costs, whether direct or indirect, incurred or suffered by you in connection with the use, inability to use, performance of or results of the use of the Service or any part of it, including but not limited to any loss of or damage to your hardware, data or information or any pure economic loss;

        (b) any failure to perform, or delay in performance of, any of our obligations under these Terms that are caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks; and

        (c) Third-party Sites.

      8. We only supply the Service for domestic and private use. You agree not to use the Service for any commercial, business or resale purposes, and we, subject to section 7.9, exclude all liability to you for any direct or indirect loss of income or revenue, loss of profits or contracts, pure economic loss, loss of business or business interruption, loss of anticipated savings, loss of business opportunity or waste of management or office time.
      9. Nothing in these Terms shall limit or exclude our liability for:

        (a) death or personal injury resulting from our negligence;

        (b) fraud or fraudulent misrepresentation; or

        (c) any other liability that cannot be excluded or limited by English law.

    1. Access and termination
      1. We reserve the right to refuse access to the Service to any person at any time for any reason and to disable your account at any time or take such action as we deem appropriate in response to any threatened or perceived security risk.
      2. We reserve the right to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification or discontinuation of the Service or any function or feature of the same.
      3. We will determine, in our sole discretion, whether there has been a breach of these Terms through your use of the Service or any part of it. When a breach of these Terms has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms may result in our taking all or any of the following actions:

        (a) immediate, temporary or permanent withdrawal of your right to use or access the Service or any part of it and/or deletion of your user account;

        (b) the issue a warning to you;

        (a) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) incurred or suffered by us resulting from your breach of these Terms; and/or

        (d) disclosure of such information to law enforcement or regulatory authorities as we reasonably feel is necessary or as required under applicable law.

      4. We exclude all liability for actions taken in response to breaches of these Terms. The responses in these Terms are not limited and we may take any other action that we reasonably deem appropriate.
    1. Communication between us
      1. We wholeheartedly welcome any and all communication or feedback, so if you would like to get in touch or any section in these Terms requires you to give us notice in writing, you can send us an e-mail to hello@preceptiv.co.
      2. You may also keep up to date with the latest Preceptiv news through our Twitter (@Preceptiv) and Facebook accounts.
      3. If we have to contact you or give you notice in writing, we will do so by e-mail to the most current address listed in your user profile.
    1. Other important terms
      1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
      2. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
      3. Each of the sections of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
      4. These Terms and any dispute arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed in accordance with the law of England. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute or claim arising out of or in connection with the use of the Service or these Terms, 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.

These Terms were last updated on 21 September 2013.