Terms of Use for MarkerPad

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY DOWNLOADING, ACCESSING, OR USING THE MARKERPAD APPLICATION, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION.

Who we are and what this agreement does

We, UNIQH LTD of 338 A Regents Park Road, Office 3 And 4, London, England, N3 2LN, license you to use:

  • MarkerPad application software, available on web, iOS, Android, macOS, Windows, and Linux platforms (the App), and any updates or supplements to it.
  • The service you connect to via the App and the content we provide to you through it (the Service).

as permitted in these terms.

Our Services

MarkerPad provides you with a simple, multi-platform word processor based on Markdown. Our Service allows you to create, edit, and save documents on your own device or cloud storage service. The App is provided free of charge and does not require user registration or the creation of an account. The App's functionality is based on the CommonMark Markdown specification, which you can review for syntax details.

Your privacy

We only use any data we collect through your use of the App and the Services in the ways set out in our Privacy Policy. You can view our privacy policy on our website.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

App Store and Platform terms also apply

The ways in which you can use the App may also be controlled by the rules and policies of the platform from which you downloaded the App (e.g., Apple App Store, Google Play Store, Microsoft Store). Where there are differences between these terms and the platform's terms, the platform's terms will apply.

Support for the App and how to tell us about problems

  • Support. If you want to learn more about the App or the Service or have any problems using them, please take a look at our support resources at markerpad.app/support.
  • Contacting us (including with complaints). If you think the App or the Service is faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at [email protected].
  • How we will communicate with you. If we have to contact you, we will do so by posting a notice on our website or through an in-app notification.

You must be 13 to accept these terms and use the service

You must be 13 years of age or older to accept these terms and use the Service.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by posting a notification on our website or by notifying you of a change when you next start the App.

If you do not accept the notified changes, you will not be permitted to continue to use the App and the Service.

Updates to the App and changes to the Service

From time to time, we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system, or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App and the Services.

We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware, and peripherals to improve our products and to provide any Services to you. Any data collected will be handled in accordance with our Privacy Policy.

We are not responsible for third-party websites

The App may allow you to include hyperlinks in your documents which link to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence Restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited by law;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable Use Restrictions

You must:

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

Limitation of Liability

  • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
  • We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • Limitations to the App and the Services. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
  • Please back-up content and data used with the App. We recommend that you back up any content and data created with the App to protect yourself in case of problems with the App or the Service.
  • We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event.

We may end your rights to use the App and the Service if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

  • You must stop all activities authorised by these terms, including your use of the App and any Services.
  • You must delete or remove the App from all devices in your possession.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.