EULA
We are nDuo Ltd (Companies House Registration Number: 07805101) of 320-324 City Road, London, EC1V 2NZ (“us”), the creators of iQ app (referred to below as the ‘app’).
By downloading the app, the user (“you”) is agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy before you download and use the app. Only download the app if you have read the rules and agree to them.
If you do not agree to these terms, we willYou agree that the app is not a consumer product or service and is for business use only. The Consumer Rights Act 2015 or any equivalent legislation does not apply. The app provides simplified visibility across Mac and Windows estates using Jamf and Intune (Microsoft Endpoint Manager) systems. The app provides independent compliance and security checks and the possibility for a tech team to do simple tasks. E.g. wipe machine, lock machine, update devices and the ability for you to scan/tag your devices (Asset Tagging).
In this agreement, references to the ‘ App Store’ means Apple’s App Store, and we refer to the rules contained in the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/us/terms.html) as the ‘App Store Rules.’
1 This agreement
1.1 This agreement is made between you and us. Apple or any third party app store or services provider is not a party to this agreement and has no responsibility for the app or its content.
1.2 We license you to download and use the app , provided you follow all of the rules described in this agreement. You are required to obtain an enterprise license if your company is expecting that there will be 25 or more users of the app operating under one company account.
1.3 The licence:
1.3.1 is only for you personally, to use the app in conjunction with a business Jamf or Intune (Microsoft Endpoint Manager) system – it will not work by itself;
1.3.2 starts when you download the app; and
1.3.3 covers content, materials, or services accessible from, or bought in, the app including all of our support resources. It also covers updates to the app unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
1.4 You must comply with the App Store Rules as well as this agreement but, if there is any conflict between them, you should follow the rules in this agreement.
1.5 You do not own the app or any of its contents but you may use it on devices that you own or control, as permitted by the app store rules.
1.6 If you sell or give away the device on which you have downloaded the app, you must first remove the app from the device.
1.7 You are not allowed to:
1.7.1 modify the app’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
1.7.2 deliberately attempt to avoid or manipulate any security features included in the app; or
1.7.3 pretend that the app is your own or make it available for others to download or use (including by way of copying the code of the app and creating an independent version).
2 Technical requirements
To use the app your device needs to comply with the following minimum requirements:
Device compatibility – iOS 15.6.1
Operating system – iOS 15.6.1
3 Support and contact
3.1 If you need to get in touch with us, you can use any of the following methods:
Email: hello@nduo.co.uk
Telephone: +44 203 397 3646
3.2 If we need to get in touch with you, we will do so by email or an in-app notification.
3.3 We will provide support and maintenance for the app, or as required under applicable law.
4 Privacy and your personal information
4.1 We do not collect any personal or company information apart from your name and the email address of your employer (the “Company”). We will also collect details relating to the devices used, including but not limited to the number of devices used, and other data that enables us to adequately provide our services i.e., device data including but not limited to device type, model, operating system, when updates were last installed, and whether your account is still active or operating within a permitted licence.
4.2 Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.
5 Collection of technical information
5.1 We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, track compliance, product support, and other services related to the app. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
6 Acceptable use
6.1 You must not use the app to do any of the following things:
6.1.1 break the law or encourage any unlawful activity;
6.1.2 send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
6.1.3 infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
6.1.4 transmit any harmful software code such as viruses;
6.1.5 try to gain unauthorised access to computers, data, systems, accounts or networks; or
6.1.6 deliberately disrupt the operation of anyone’s website, app, server or business.
7 Updates to the app
7.1 We may update the app from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the app still meets the description of it that was provided to you at the time you downloaded the app.
7.2 Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the App Store.
7.3 We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the app may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the app updated to the latest version that we make available.
8 Changes to this agreement
8.1 We may need to revise this agreement from time to time to reflect changes in the app’s functionality, to deal with a security threat or if there is a change in the law or guidance.
8.2 You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the app and can apply to the app store for a refund.
9 External services
9.1 The app may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
9.2 We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal or company information.
9.3 You must not use external services in any way that:
9.3.1 is inconsistent with these terms or with the terms of the external service; or
9.3.2 infringes our intellectual property rights, or the intellectual property rights of any third party.
9.4 From time to time, we may change or remove the external services that are made available through the app.
10 Our responsibility to you
10.1 If we breach this contract or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
10.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
10.3 The app includes a function which allows the user to send an irreversible wipe command to computers and other devices on the system to which it is connected. When this command is initiated the user must confirm their intention twice before the command is sent. You are responsible for ensuring that all such computers and devices are backed up and we are not liable to you for any loss or damage, whether foreseeable or not, caused by any deletion of data by you.
10.4 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
11 Refunds and recovering losses
12.1 If the app fails to meet the standards required by law (including that the app is of satisfactory quality, fit for purpose and as described), please contact Apple who will provide you with a full refund of the price you paid for the app.
12.2 Apple has no other responsibility or obligation in relation to the app beyond providing a refund in the circumstances described in clause 12.1.
12 Failures of networks or hardware
13.1 The app relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the App Store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the app due to a poor internet connection, faulty components in your device (such as a faulty camera), app store failure or anything else that it would not be reasonable to expect us to control.
13 Ending this agreement
13.1 We can end this agreement if you do not comply with any part of it.
13.2 We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
13.3 The consequences of the agreement ending are as follows:
13.3.1 you are no longer allowed to use the app and we may remotely limit your access to it;
13.3.2 you must delete it from any devices that it has been installed on;
13.3.3 we may delete or suspend access to any accounts that you hold with us; and
13.3.4 you are not entitled to a refund.
14 Third parties Send Computer Remote Wipe Command
14.1 Apple and Apple’s subsidiary companies are third party beneficiaries of this agreement. This means that if you breach any of its terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.
14.2 Other than Apple and Apple’s subsidiaries, no one other than us or you has any right to enforce any term of this agreement.
15 Transferring this agreement
15.1 We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
15.2 You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
16 Governing law and jurisdiction
16.1 The laws of England and Wales apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
16.2 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.