Terms of Use

Welcome to the Cult X Platform

Cult X Limited, registered address at Clockwork Building, 45 Beavor Lane, London, England, W6 9AR and company number 13903596 (“CultX”, “we” or “us”) provides a fine wine trading exchange through its online and "App" and "Platform".

The App and Platform bring together a range of wines offered for sale by Cult X affiliates ("Cult X Sellers"),other entities selling in the course of their business or profession ("Trade Sellers"), and private individuals selling in their personal capacity ("Private Sellers") (together, the "Sellers").

The App and Platform enable entities buying in their ordinary course of business or profession ("Trade Buyers") and individuals buying in their personal capacity ("Private Buyers") (together, the "Buyers") to browse those wines. Please contact us with any questions regarding these terms or the App or the Platform.

Trades

The objective of the App and Platform is to link Buyers to our Partners and facilitate the buying and selling of wine. When you order from a Partner, Cult X acts as an agent on behalf of the Partner to conclude your order and manage your buying and delivery experience.

For the purposes of these terms:

• The "Offer Price" is the price at which the Seller lists its wine on the App and Platform for sale.
• The "Buy Now" feature is where a Buyer clicks "Buy Now" for the wine at the listed Offer Price.
• A "Bid" is where a Buyer offers a price to buy the wine which is different from the Offer Price.
• An "Offer" is where a Buyer offers to buy the wine either via the Buy Now feature or a Bid.
• A "Trade" or "Contract for Sale" between a Buyer and Seller comes into existence, and a binding contract for sale is formed between the Buyer and Seller, when a Bid is accepted between a Seller and Buyer through the App or Platform, for example when the Buyer accepts a bid using the ‘Buy Now’ feature.

Trades

You acknowledge that by using the App and Platform (either as a Buyer or Seller) you agree to these terms and conditions and acknowledge that they form a binding contract between you and Cult X (in its role as the commercial agent of the relevant Seller) in respect of your use of the App and Platform and all Trades you enter into. If you do not agree to these terms or if you are not eligible to use the App or Platform, then you do not have our permission to use the App or Platform.

Use of your personal information submitted to or via the App or Platform is governed by our Privacy Policy. Use of the Cult X website itself is subject to our website Terms of Use.

We reserve the right to modify or otherwise change these terms on 15 days' notice (the "Notice Period") by posting the updated terms to the App or Platform, via e-mail or by another appropriate means of electronic communication. Any such changes will not apply to an already agreed or historic Trade or any dispute between you and us arising prior to the date on which we posted the revised terms incorporating such changes, or otherwise notified you of such changes. Unless we say otherwise in our notice, the updated terms will be effective immediately after the expiry of the Notice Period. Your continued use of the Platform will indicate your acceptance of the updated terms.

These terms were last updated in April 2022.

The remainder of these terms are comprised of five parts:

• Part A – Cult X accounts and membership types
• Part B – Selling wine on the App/Platform
• Part C – Buying wine on the App/Platform
• Part D – Other general terms
• Part E – Additional third party App terms

Part A – Cult X accounts and membership types

Setting up an account
‍All users must first register to set up a Cult X account with us, by completing the account registration form, to access and use the App and Platform.

If you are an individual user, to register you must satisfy the legal age requirement for buying alcohol in the country where you reside (this is 18 years old in the UK). Where indicated, additional eligibility criteria may apply to Buyers and/or Sellers for particular services on the Platform and/or App. By registering, or using the service in question, you confirm to us that you meet the minimum eligibility criteria.

If you are a trade user, you must have the necessary authority, power and right to fully bind the legal entity or organisation on whose behalf you wish to be granted access to use the Platform and/or App. If you are not authorised to bind that legal entity or organisation, you must not attempt to register. By registering, you represent and warrant to us that you are duly authorised to fully bind the legal entity or organisation.

All users must provide us with accurate, complete and up-to-date contact information, including name, postal address, telephone number and email address, amongst other things. You are responsible for the information you provide to us. You must promptly update your account information in the event of any changes to this information. All users will be asked to create a password for their Cult X account. It is your responsibility to keep this safe and confidential. Please contact us immediately if you discover any unauthorised use of your account or error in the operation of your password. Any breach of these terms and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you and will not relieve you of your obligations to us (including if there has been Trade(s)).

All user registrations are subject to approval by us in all cases and we reserve the right to decline any application for registration, without giving a reason. You will receive a notification from us if we approve your registration.

We may, from time to time, restrict user access to certain features, functions or content of, or services accessible through, the downloaded App or Platform e.g., areas you can only access with a paid for subscription.

We reserve the right, in our discretion, to carry out checks (including checks with credit reference agencies) for the purposes of confirming your identity and to establish your creditworthiness. By agreeing to these terms, you agree to us completing these checks.

Please contact us if you wish to close your account.
‍
Subscriptions
‍There are two types of access to the App and Platform. The first type is free access to the App and Platform, where you can make Trades and access the basic functionality and services. The second type is a paid-for subscription, where you will have access to additional features, functions and/or content (not available through the first type of access) for the duration of your subscription. You will select the duration of your subscription when signing up for this service, which will dictate the applicable price for that paid for subscription. It is important to note that at the end of your subscription period, your subscription will automatically renew for an equivalent period at the equivalent price (and will continue to do so), unless you alter or end your subscription renewal via the settings on the App or Platform. Further details are available on the App and Platform. Please also contact us if you wish to discuss the subscriptions process.

Part B – Selling wine on the App/Platform

The following terms apply to Sellers (other than Cult X Sellers):

Cult X’s role as your agent
By agreeing to these terms and selling wine using the App and Platform, you authorise Cult X to act as your commercial agent to conclude Trades with Buyers on your behalf, for the sale of your wine.. Cult X will act as your agent to conclude your Contract for Sale with the Buyer on your behalf and collect payment from the Buyer. Once the Buyer’s payment is received by Cult X, this will discharge the Buyer’s payment obligations to you. Cult X will subsequently arrange payment to you.

Criteria to sell wine
All of the following criteria must be met for you to list a wine for sale on the Platform and/or App:

• The wine must be in good and original condition, as determined by Cult X. We are committed to retaining the highest levels of quality and standards of product and all wines will be subject to our rigorous quality control process.
• The wine must be (a) held in bond at, or being transferred to, our bonded warehouse; (b) owned by you in full, meaning you have the sole right to sell it and, once Traded, the Buyer will have full uninterrupted ownership of the wine; (c) free from any charge or encumbrance at all times whilst listed on the App and Platform and whilst in our bonded warehouse; and (d) in unsplit cases or a large-format bottle (such as an imperial) upon arrival at our bonded warehouse.
• The Partner must be the same as the person on our records as owning the wines in the bonded warehouse.

Submitting wine to the bonded warehouse
‍Please contact us if you wish to submit wine you already own to the bonded warehouse to be held by us on your behalf so you can sell it on the App and Platform. Note that the wine must be delivered to our bonded warehouse at your cost and risk.

Upon receiving the wine to our bonded warehouse, we will assess it and confirm which (if any) wines we approve. We reserve the right in our absolute discretion to accept or reject any wines, regardless of whether it meets the criteria above.

Listing wine
You will be able to see your wines on the App and Platform in your account. You can select any of these wines to be listed for sale on the App and Platform by following the instructions, including any rules on splitting cases and minimum number of bottles. You can remove your wine listed for sale on the App and Platform anytime up until that wine is Traded. 

You agree that we may, but are under no obligation to, contact prospective Buyers with your listing details to increase the possibility of your listing being purchased. Please note we do not disclose any of your personal data in doing so. We will merely advise the prospective Buyer of the wines you have listed and the price you have allocated.
‍
List Price
You determine the price at which you are willing to sell your wine to Buyers on the App and Platform. The price and listing will be identical on the App and Platform. That price will be the price of the wine in bond exclusive of duty, taxes and delivery costs.

Where data exists, the latest market price for your wine will be available on the App and Platform. This is based on market data and is not to be misconstrued as a recommendation from us regarding buying or selling prices. We do not guarantee or warrant against this information and are not responsible for your reliance on it.

You may vary the Offer Price and/or enable and amend the Buy Now feature of your listed wine through your account at any point up until when the wine is Traded (i.e., a binding Contract for Sale is formed). We reserve the right to withdraw your wine for sale if we believe the pricing will affect the commercial integrity of the App/Platform and/or in our reasonable opinion the price set is far below or far in excess of the market value of the wine.

There is a 90 day time limit on listings where the Offer Price has not changed. Wine that has been listed for 90 days at the same Offer Price will be removed from the App and Platform, and the Seller will receive an email notification. The Seller then has the option of re-listing the wine for a further 90 days at an Offer price of their choice.

Completing Trades
Once a Contract for Sale is agreed, the Buyer will make payment to Cult X for the value of the Trade, who will receive the sale proceeds on your behalf as your agent. We will, as the Partner's agent, receive the price paid by a Buyer and retain our fees, and also deduct fees incurred for chargeback. Receipt of the sale proceeds by Cult X will discharge the Buyer's payment obligation to you. Cult X will then deduct the relevant fees (see below) and arrange payment of the remaining sale proceeds to you. We will deposit these funds into your Cult X wallet. You can withdraw funds from your Cult X wallet at any time or use it to purchase goods and services on the App/Platform.

Fees
There are fees associated with your use of the App/Platform and related services. These will always be clearly set out on the App/Platform or otherwise made available to you in writing but for example, involve:

• A small fee associated with each Trade – this is typically 2.5% of the value of each Trade if you are using the free version of the App/Platform and 1.5% of the value of each Trade if you have the paid for subscription version of the App/Platform.
• Any fees associated with your use of the bonded warehouse.
• The cost of the paid-for subscription model, which gives you access to more functionality on the App/Platform, that you can chose to sign up for.

Note that certain optional “in-App” purchases or "in-Platform" purchase (for example, of certain features, functions or content) you download may be made available to you immediately after the download is complete and you acknowledge and agree that this is the case and that, therefore (subject to any cancellation right that the terms of service of the relevant third party application store may allow you), you will have no right to change your mind and cancel under the Consumer Contracts Regulations (sometimes known as a ‘cooling off’ right) once the download has started.
‍
Third party claiming ownership of your wine
We will inform you if any third-party claims ownership of any wines you have in our bonded warehouse and the following shall apply:

You hereby agree to reimburse, on demand and on a full indemnity basis, us for any claims, costs, liabilities and expenses incurred as a result of a third-party claim referred to above or in connection with our dealing with the wine, on the understanding that it is owned by you where this proves not to be the case.

Part C – Buying wine on the App/Platform

The following terms apply for Buyers:

Bidding for wine
The following process applies for Buyers:

• To make an Offer, you can either place a Bid or accept the "Buy Now" offer on the relevant product page.
• If you make a Bid, you will be prompted to enter the specific details of your Bid, including the price you are willing to pay for the wine, the unit size, your desired quantity and the duration of your Bid. You will next be asked to review the Bid and if you are comfortable with it, confirm the Bid (and once confirmed, your Bid will constitute a binding offer). Once this is done, the Seller will be notified of your Bid.
• You can see the current highest Bid that has been placed for a wine. Please note that a Seller may have set a floor on the lowest price they are willing to sell the wine for (and so no Bids below that price will be accepted, unless the Seller lowers the floor). We will notify you if another Buyer places a higher Bid than you before a Contract for Sale is formed.
• If you select "Buy Now", you will be asked to review your Offer and if you are comfortable with it, confirm this (and once confirmed, your Offer will be a binding offer). Once this is done, the Seller will be notified of your Offer and the Contract for Sale will be formed.
• The price of your Offer will be for the cost of the wine only and does not cover taxes, delivery or any bonded warehouse costs or any other fees – see "Fees" section below.
• Where data exists, the latest market price (aggregate price) for the wine will be available on the App/Platform. This is based on market data and is not to be misconstrued as a recommendation from us regarding buying or selling prices. We do not guarantee or warrant against this information and are not responsible for your reliance on it.
• Buyers should use the general search function on the App/Platform before making an Offer as the same wine may be offered by different Sellers at different prices.

Completing Trades
The following process applies once a Trade is agreed:

• Once you have accepted a Trade, you will make payment to Cult X who will receive the sale proceeds on behalf of the relevant Partner. Receipt of the sale proceeds by Cult X will discharge your payment obligations to the Partner. Cult X will then arrange payment to the relevant Partner. Please also note the "Fees" section below, which applies in addition to this.
• The Partner will continue to own the full title in the Traded wine until the Trade is complete following which the Buyer will take the title to that wine.
• You as the Buyer will be asked to select if you want some / all of the wine to be delivered to an address you nominate (at your sole cost and risk) or to remain in our bonded warehouse. See Part D for more details.

Fees
There are fees associated with your use of the Platform, App and related services. These will always be clearly set out on the Platform, App or otherwise made available to you in writing but for example, involve:

• A small fee associated with each Trade – this is typically 2.5% of the value of each Trade if you are using the free version of the App/Platform and 1.5% of the value of each Trade if you have the paid for subscription version of the App/Platform.
• Any fees associated with your use of the bonded warehouse.
• The cost of the paid-for subscription model, which gives you access to more functionality on the App/Platform, that you can chose to sign up for.

Note that certain optional “in-App” purchases or "in-Platform" purchase (for example, of certain features, functions or content) you download may be made available to you immediately after the download is complete and you acknowledge and agree that this is the case and that, therefore (subject to any cancellation right that the terms of service of the relevant third party application store may allow you), you will have no right to change your mind and cancel under the Consumer Contracts Regulations (sometimes known as a ‘cooling off’ right) once the download has started.

Right to cancel
If you buy wine as a Private Buyer listed by a Trade Partner, you have a right to cancel the Trade within 14 days of the completion of the Trade and we will arrange a refund of your payment.

Part D – Other general terms

The following terms apply to both Buyers and Sellers:
‍
Bonded warehouse
All wine listed on the App/Platform, or available to be listed on the App/Platform, must be in Cult X's bonded warehouse. We will provide you with a copy of the bonded warehouse terms to you on request. Those terms apply in addition to the following terms in respect of this service:

• The wine will remain in the bonded warehouse until the owner contact us to let us know that they want to take it out or if the owner fails to pay the associated fees.
• When the owner withdraws their wine, the owner will need to pay applicable duty and taxes at the current rate, and delivery costs.
• Whilst we make every effort to deliver all your wine in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
• We reserve the right to remove wine from our bonded warehouse and return it to the owner (at the owner's cost).
• Any wine withdrawn from our bonded warehouse shall be delivered using a carrier of our choice and at owner's cost.

If wine is removed from our bonded warehouse (for any reason) it will be removed from the App/Platform.
‍
Ranking
The App/Platform  is available for all Cult X members. Buyers looking for wine can search the App/Platform  for wines listed by all Sellers.

It may be that more than one  Seller is selling the same wine as you at the same time (and so all the wines  will be listed in any search results in the same way).

If the same wine is listed at an identical price by two or more Partners, then the wine that was listed for sale first will be ranked first in a search.
‍
Your use of the App and Platform

• You may only use the App and Platform in accordance with these terms (and any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use the App and Platform) and only for lawful purposes and in a responsible manner. Additional terms may also apply to certain features, parts or content of the App and/or Platform and, where they apply, will be displayed on-screen or accessible via a link.
• Except to the extent expressly set out in these terms, you are not allowed to (a) republish, redistribute or re-transmit the App or Platform; (b) copy or store the App or Platform other than for your use as permitted by these terms and as may occur incidentally in the normal course of use of your browser or mobile device; (c) store the App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the App; (d) remove or change any content on the App or Platform (other than your content) or attempt to circumvent security or interfere with the proper working of the App or Platform or any server on which it is hosted; (e) use the App, Platform or related services in a way that might damage our name or reputation or that of any of our affiliates; or (f) otherwise do anything that it is not expressly permitted by these terms.
• All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.
• To do anything with the App or Platform that is not expressly permitted by these terms, you will need a separate licence from us.
• Where the App and/or Platform makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content, with or without notice to you, if we need to do so for security, legal or, unless that content is part of a subscription you have paid for, any other reasons.
• Whilst we try to make sure that content sourced by us and made available via the App/Platform consists of information that is correct, you acknowledge that the App and Platform may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by the App and Platform is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
• Except as set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App or Platform and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App and Platform.
• The App and Platform may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

App specific terms‍

• Certain third party platform providers with whose devices and/or operating systems the App has/have been designed to be compatible oblige us to include certain additional provisions in these terms. These are set out in Part E of these terms under 'Additional third party App terms'. These provisions come from the relevant third party platform providers, not us.
• Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.
• We reserve the right to change the format and features of the App by making the updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download the updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.

Promotions
From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the fees due other than for Trades (e.g., subscription fees), subject to the terms under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant service stated. Discount codes cannot be redeemed for cash. Only one discount code can be used at a time.

Intellectual Property
Subject to payment of the fees and the activation of your Cult X account, we grant to you a limited, non-exclusive, non-assignable and non-sublicensable licence, commencing on the date your account becomes effective to use the App/Platform and related services in the manner set out in these terms. This licence ends when your Cult X account is de-activated.

You acknowledge that, all intellectual property rights in and to the App/Platform and data within or generated by the App/Platform, is the property of Cult X and its licensors and you shall have no rights in or to these items other than the right to use them in accordance with the express terms of these terms.

Indemnity
Unless you are a Private Buyer, you hereby agree to reimburse, on demand and on a full indemnity basis, us for any claims, costs, liabilities and expenses incurred by us as a result of or in connection with a breach by you of these terms.

Our responsibility
Nothing in these terms shall limit or exclude our liability to you for death or personal injury caused by our negligence; for fraudulent misrepresentation; for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; under Part I of the Consumer Protection Act 1987; or for any other liability that by law may not be limited or excluded.

Subject to this:

• Unless you are a Private Buyer, we are not liable under or in relation to these terms (whether such liability arises due to breach of contract, negligence, misrepresentation or for any other reason) in respect of any of the following types of loss: (a) loss of profits or revenue; (b) loss of or damage to wines, unless we are at fault (where "we" does not include third parties, including logistics providers); or (c) indirect, consequential or special loss or damage (regardless of whether or not you were aware, or ought reasonably to have been aware, that any such loss or damage might arise).
• If you are a Private Buyer, in no event shall we be liable to you for any business losses (which shall be any losses arising in relation to commercial activity of any sort).
• The App/Platform and related services are provided on an "as is" basis.
• To the extent permitted by law, Cult X makes no representations or warranties of any kind, express or implied, including: (a) that the App/Platform and related services will always be available, accessible, uninterrupted, timely, secure, or operate without error; (b) that the App/Platform will perform as expected with regard to results that may be obtained by use of the App/Platform; (c) that the listing of a wine will lead to a Trade or any particular outcome; (d) in respect of the bonded warehouse services or related delivery services; or (e) in respect of the compliance with applicable laws of any third party Cult X uses to provide services to you.
• Cult X's acceptance of a wine for inclusion on the App/Platform do not constitute an endorsement of the authenticity, quality or potability of the wine.
• All Trades and related communications must be through the App/Platform only. Cult X is not responsible or liable for any trades you make or communications you have outside the App/Platform, even if that wine is listed on App/Platform.

Subject to the above, our liability shall be limited in aggregate (and regardless of the number of claims) to the greater of: (i) the total amount of fees you have paid under these terms (but not a Contract for Sale) by you in the 12 months immediately preceding your first claim and (ii) £1,000.

We will also not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.

Termination
Cult X reserves the right to remove all or a portion of any listed wine at its sole discretion (unless there has been a Trade).If you wish to terminate your account for any reason, you may do so by contacting us through email at cultxfeedback@cultx.com.
‍
Privacy Policy
We only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the App and Platform, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.

Disputes
You have a legal right to receive goods which comply with their description when purchased.  If you believe that the wines you have purchased do not comply with these legal rights, please let us know. We may request further evidence of the complaint.  

We will work with Partners to help resolve the situation.  If we are unable to resolve any dispute, claim or controversy by our internal complaints handling system, we may also opt to resolve any such dispute, claim or controversy by mediation. Mediation will be provided by the Centre for Effective Dispute Resolution (CEDR) who will appoint a mediator.

General
These terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law and the exclusive jurisdiction of the English courts.
‍
Each party irrevocably agrees that the courts of England will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

If any provision of these terms is found to be invalid, unenforceable or illegal, the other provisions shall remain in force. If the invalid, illegal or unenforceable provision could be amended or deleted to make it valid, legal and enforceable, appropriate.

A waiver of any right under these terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.

All fees are as quoted on the App and Platform from time to time. Unless otherwise stated prices include VAT. We may change the fees from time to time, but any such changes will not affect orders already made prior to that change.

These terms (and the related terms expressly referred to within these terms) set out all of the terms that have been agreed between Cult X and users in relation to use of the App and Platform. Any other terms are expressly excluded. Cult X is not a party to Contracts for Sale between Buyers and Sellers.

Part E – Additional third party App terms

Apple
If the App that you download, access and/or use is downloaded from the App Store operated by Apple Inc. ("Apple"):

• your licence to use the App is limited to a non-transferable licence to use the App on an Apple-branded device owned or controlled by you and as permitted by Apple’s usage rules published in its App Store terms of service, except that the App may be accessed, acquired and used by other accounts associated with you via Family Sharing or volume purchasing;

You acknowledge and agree that:

• Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Apple, using the Contacting us details in these terms;
• we, not Apple, are responsible for responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation;
• in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you;
• in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
• although these terms are entered into between you and us (and not Apple), Apple and its subsidiaries are third party beneficiaries of these terms and, upon your acceptance of these terms, Apple Inc. (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof;

You represent and warrant that:

• you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and
• you are not listed on any United States Government list of prohibited or restricted parties;

You must comply with any applicable third party terms of agreement when using the App, such as your mobile phone provider's data usage agreement.

Google
If the App that you download, access and/or use is downloaded from Google Play:

You are allowed unlimited reinstalls of the App without any additional fee, provided that if the App is removed from Google Pay due to (a) an allegation of infringement, or actual infringement, of any third party Intellectual Property Right; (b) an allegation of, or actual violation of, third party rights; or (c) an allegation or determination that such Product does not comply with applicable law (collectively "Legal Takedowns") then the App will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the App.

You may also be able to claim a refund from Google for purchases made in the App if you qualify under the Google Play refund policy at https://support.google.com/googleplay/answer/2479637?p=play_refund.

We grant to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the App. The "User" means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.