1. WHAT'S IN THESE TERMS?
These terms and conditions (the Terms of Service) tell you the rules for using our social media application known as "Sean" (collectively, the Service or our App) and for purchasing Plans (as defined below) through our App.
We offer a subscription based premium plan for users (a Plan), which can also be accessed as part of a 7 day free trial.
If you are just browsing our App or using the App without subscribing for a Plan, terms 11 and 12 will not apply to you.
If you subscribe for a Plan (including under any free trial that we offer) all terms apply to you. Please make sure you read these in full.
2. WHO WE ARE AND HOW TO CONTACT US
Our App is operated by Sean App Limited (Sean, We, Our, or Us). We are a private company registered in England and Wales under company number 14636784 and have our registered office at First Floor Winston House, 349 Regents Park Road, London, United Kingdom, N3 1DH.
To contact us with any questions or concerns, please email hello@seantheapp.com.
3. BY USING OUR APP YOU ACCEPT THESE TERMS
By using our App or subscribing to a Plan, you confirm that you accept these Terms of Service and that you agree to comply with them. If you do not agree to these Terms of Service, you must not use our App or subscribe to a Plan (including signing up to any free trial that we offer). We recommend that you print a copy of these Terms of Service for future reference.
4. WE MAY MAKE CHANGES TO THESE TERMS OF SERVICE AND OUR APP
We may revise these Terms of Service and our App at any time by amending this page. We recommend that you check this page from time to time to take note of any changes we have made. For the avoidance of doubt, changes to these Terms of Service will not affect any Plans purchased or subscribed to before those changes were uploaded to our App. Where we do make any change that may have a material impact on your rights and obligations, then we will endeavour to notify you in advance. We will also try to give you reasonable notice of any other major changes to these Terms of Service or our App that may have a negative impact on you.
5. OUR RESPONSIBILITY TO YOU
• Just so we are clear, we do not exclude or limit in any way our liability to you where it would be unlawful for us to do so
• We expressly exclude all liability in connection with events of any nature, which could take place between you and other users during online interactions or during ‘real life’, in person interactions.
• However, to the extent we are found to be liable then we are only liable up to the maximum amount of the value of the Plan that you have purchased. We are also not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to these terms, both we and you knew it might happen.
• As a result, to the maximum extent possible by law, we will not be liable to you in any way, for any loss that you suffer, if you cannot use our App. We will also not be liable to you in any way, and for any reason, for: loss of profit, sales, funds, business, or revenue; loss of business interruption or business opportunity; loss of goodwill; wasted time or expenditure; loss of data or information; or any indirect or consequential loss.
• There may be times when we have to suspend our App, for example, because we need to deal with technical or security issues on our App. We will try our best to let you know beforehand but this may not always be possible.
6. OTHER TERMS THAT APPLY TO YOU
• We are the owner or the licensee of all intellectual property rights in our App and in the material published on it. Those works are protected by copyright and other laws around the world. You must not use any illustrations, photographs, video, graphic or other content on our App in any way without our permission.
• Although we make reasonable efforts to update the information that we ourselves publish on our App, we do not represent, warrant or guarantee (or in other words, give you a promise) that our App, or any content on it (including content that is derived from any integrations with third party sites or that is otherwise uploaded by other users), will always be available, accurate, error free, uninterrupted or secure. Again, to the maximum amount we are allowed to by law, we do not accept any liability arising from any errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate and provide our App (or any particular part of it). It is down to you to always make sure that the information that you are being presented with is as true and accurate as possible using such other means that may be available to you.
• We may suspend or withdraw or restrict the availability of all or any part of our App at any time. We will try to give you reasonable notice of any suspension, withdrawal or restricted availability. See term 15 for further information.
• As set out further in term 7 and 8, you are not allowed to use our App for illegal or any commercial purposes, nor are you allowed to upload any viruses or other harmful material on to our App or try to access or change our App's underlying code. We try our best to make sure that no viruses or other harmful material enter our App but we cannot guarantee that this will always be the case. If someone does manage to upload a virus or other harmful material onto our App, we will not be liable to you for any losses or damage you suffer. We recommend that you use virus protection software.
• Where our App contains links to websites and resources provided by any third parties, we have no control over, and are not responsible for, any such links – so you need to treat such links with caution. Please read term 10 for further information.
• You may link to our App, provided you do so in a way that is fair and legal and does not damage our reputation. You must not link in any way that suggests any form of endorsement by us and you must take down such links or related posts if we ask you to do so. You can only link to websites that you own, and we can request that you withdraw your link at any time and you must promptly comply.
• If you do anything illegal, or we think you are going to do anything illegal, we will share this information and your details with the relevant authorities. We may then also suspend or delete your account.
• Please see our Privacy Notice [available at https://www.seantheapp.com/privacy-policy] for further information on how we process your personal data.
• We may transfer our rights and obligations under these Terms of Service. If you have previously registered with us, we will tell you in writing (i.e. via email) if this happens.
• These Terms of Service are governed by English law and any claims relating to any of them must be brought in the courts of London, England.
7. ELIGIBILITY
You can only use our App under the following conditions. You represent and warrant at all times that:
• You are over 18 and can enter into a legally binding contract with us;
• You meet the conditions for registration stated on the App;
• You will comply with these Terms of Service and all applicable laws and regulations;
• You will provide correct, accurate and true information that is not misleading. In particular, you must be truthful and honest when completing your profile and in your interactions with other users and with us;
• You acknowledge and agree that the App’s purpose is to enable individuals to connect on a personal, non-commercial and non-financial basis. You must abide by and be respectful of the App's purpose at all times;
• You have never been convicted of an unlawful act involving fraud, a sexual offence, violence (including domestic violence), harassment, terrorism or a hate crime;
• As set out in term 6 and 15, we reserve the right to decline, suspend or terminate your access or subscription at any time if you do not meet any of these terms.
8. RULES OF CONDUCT
We expect a certain level of ethical conduct in your expression and behaviour when using our App. To ensure this standard for quality, individual responsibility and ethics, we allow you to report any content (photography, text, video, etc.), behaviour or comments made by a user that appears to be in violation of our Terms of Service and laws in force in your country. We have a right to take appropriate action where these Terms of Service have been breached.
As a user of our App, you must abide by the following rules of conduct at all times and agree that you will not:
• Use the App for any purpose that is illegal or prohibited by these Terms of Service;
• Bully, stalk, intimidate, assault, harass, mistreat or defame any person;
• Post any content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property right;
• Post any content that is hate speech, threatening, sexually explicit or pornographic;
• Post any content that incites violence; or contains nudity or graphic or gratuitous violence;
• Post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Use the App for any harmful purpose;
• Spam, solicit money from or defraud any other users;
• Impersonate any person or entity or post any images of another person without his or her permission;
• Use another user's account, share an account with another user, or maintain more than one account;
• Create another account if we have already terminated your account, unless you have our permission;
Your breach of any of these rules of conduct constitutes a serious material breach of your contractual obligations under these Terms of Service.
9. SAFETY AND INTERACTION WITH OTHER INDIVIDUALS
Though we strive to encourage a respectful user experience by imposing rules of conduct, we are not responsible for the conduct of our users on or off the App, nor do we routinely verify any information provided by or on behalf of other users. You agree to use caution in all interactions with other users, particularly if you decide to communicate outside of the App or meet in person.
You are solely responsible for your interactions with other users of our App.
10. THIRD PARTY SITES
Our App interacts with third-party platforms such as social networks, etc. (Third-Party Sites). We are not responsible for the availability (or lack of availability) of such Third-Party Sites. If you choose to interact with Third-Party Sites made available through our App, their terms will govern their relationship with you. We are not responsible or liable for Third-Party Site’s terms or actions.
11. BUYING A PLAN
The following terms 11 and 12 also apply if you would like to purchase a Plan to use the App. These terms also apply if you sign up to a free trial. Our App is an instant access service. By signing up for a Plan (free of charge or otherwise) you agree that you would like us to start providing the Service, and therefore your access will also start, immediately. Please see term 12 for your cancellation rights.
If you have elected to sign up for a Plan then please note:
• You will subscribe for the Plan on a monthly basis at the rate notified at the point purchase and you will be billed in monthly cycles. Please note that the price may change from time to time at Sean's discretion but we will always give you at least 30 days' prior written notice before such changes take effect and, no price increase will take effect until the next month or year of your subscription (as the case may be);
• At the end of your stated subscription period, your subscription will automatically continue on a rolling monthly basis at the rate notified to you at the time of purchase. You will continue to be billed for the subscription, on a monthly basis, until you cancel. [Your card payment information will be stored and subsequently used for the automatic card payments in accordance with these Terms of Service.
12. YOUR RIGHT TO CANCEL
If you change your mind and would like to cancel your Plan, you may do so within 14 days of purchase. We will then aim to provide you with a refund within 7 days of cancelling your account in which case you will immediately lose access to the additional Services you have subscribed to on the App which extend beyond the free service. To cancel your subscription, please email seantheapp@gmail.com from your registered email address, telling us you'd like to cancel, for example by using the template Cancellation Form below, and we will contact you regarding your request.
Cancellation Form
***
To: Sean App Limited
I hereby give notice that I cancel my contract for the following Plan:
Purchased on: [insert date of Subscription]
Your full name:
Your address:
Date:
Reason for cancelling (optional):
***
If you wish to delete your account, you may do so on your account page. The option to delete your account and [wipe all data associated with your account is available at the bottom of the page]. We may amend these cancellation terms at any time to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your subscription experience.
13. YOUR RIGHT TO USE THE APP
When you use the App or purchase a Plan, we will give you a personal, non-exclusive and non-transferable licence to access and use the App for your personal use only.
We are the owners or the licensee of all intellectual property rights in the App and in any material, data, software, text, design, graphics, images and other content contained in or delivered through the App. The works on our App are protected by copyright and other laws around the world. You must not use the App in any way except for your own personal use. For example, you are not allowed to copy, modify, resell or redistribute any content on the App.
When you upload or post content to the App or social media applications, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service that we provide to you and others.
We are very happy to hear your suggestions, thoughts and ideas about our App but if you tell us any of them, and we use them, we do not have to pay you any money for them or tell anyone that it was your idea.
14. KEEPING YOUR ACCOUNT DETAILS SAFE
Please keep your login details (e.g. password and other security information) secure and confidential. You must not disclose your login details to any third party or allow any other person to use your account. You must also provide true, accurate and complete information about yourself when signing up to our App. You must not create multiple profiles. You are responsible for anything that happens on your account (including any harm that we suffer). We have the right to deactivate and delete any user profile, at any time and for any reasonable reason, for example, if you have failed to comply with these Terms of Service (see term 15). If you know or suspect that anyone other than you knows your login details you must promptly notice us at hello@seantheapp.com.
15. TERMINATION OF SERVICES BY US
We may suspend or terminate our Services to you without notice and with immediate effect if:
• You breach (or we suspect that you have breached) these terms either repeatedly or because we consider that you have committed a serious breach of these terms;
• Any due fees remain unpaid after any request for payment by Sean;
• Sean is of the opinion (acting in its discretion) that you are not suitable for continued use of our App; and/or
• There is an event beyond our reasonable control including but not limited to failure of your internet network, compliance with any law or governmental order, rule, regulation or default of suppliers or subcontractors.
16. CONTACT US
We hope that you enjoy using our App and do let us know as soon as possible if you have questions or complaints, by emailing us at hello@seantheapp.com. We will try our best to reply to your email within 5 working days. Our working hours are Monday to Friday 09.30-17.30.
Terms of Service
Last updated 7 June.
Sean is the first social media platform based entirely on live geolocation features.
