Kuji Terms of Use

1. These terms, and who we are

These terms govern your use of Kuji. By downloading, installing or using Kuji, you accept them. If you do not accept them, please do not use Kuji, and if you have already installed it, uninstall it. You have lost nothing by doing so: Kuji needs no account, so there is nothing to close.

Kuji is provided by:

Tacit Labs Ltd Registered in England and Wales, company number 17110976 Registered office: 71-75 Shelton Street, Covent Garden, London WC2H 9JQ

In these terms, "we", "us" and "our" mean Tacit Labs Ltd, and "you" means you, the person using Kuji.

The Kuji Privacy Policy sits alongside these terms and explains what happens to information. It is not part of this contract, but you should read it: together the two documents describe the whole arrangement between us. The Cookie & SDK Notice describes each third-party component in detail.

2. Who can use Kuji

Kuji is intended for a general audience aged 13 and over. 13 is the minimum age. If you are under 13, you may not use Kuji.

If you are between 13 and 18, please look through these terms and the privacy policy with a parent or guardian before you use Kuji, and in particular before you change any of the optional sharing settings, or buy anything.

Some countries in the European Economic Area set the age for agreeing to the kind of collection the sharing settings turn on at 15 or 16 rather than 13. If you are under that age where you live, ask a parent or guardian before you turn any of them on.

If you believe someone under 13 is using Kuji, tell us at privacy@tacitlabs.co.uk. What we can offer is guidance, because Kuji has no account and holds no name and no age: the material is on your device and under your control. If a sharing setting is on, what reaches us identifies the installation rather than the person using it, which section 3 of the privacy policy explains.

You must not use Kuji if applicable sanctions or export controls prohibit us from making it available to you, or where doing so would break the law that applies to you.

These terms cover the United Kingdom and the European Economic Area. If you are in neither, the Rest of World terms apply to you instead.

3. Your licence to use Kuji

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use Kuji on devices you own or control, for your own use and for running picks in your classroom, team, workplace or household.

What is not covered is selling access to Kuji, or building a commercial product or service on top of it.

You may not:

• copy, adapt or make derivative works of Kuji, except as the law expressly permits;
• reverse engineer, decompile or disassemble it, except to the extent the law gives you a right to do so that cannot be excluded by contract;
• use it to build, or to help build, a competing product;
• resell, rent, lease, sublicence or otherwise make it available to anyone else; or
• remove, obscure or alter any copyright, trade mark or other notice in it.

This licence is a permission to use Kuji. It transfers no ownership: see section 8.

4. Acceptable use

You must not:

• use Kuji for any unlawful purpose, or in a way that breaks any law that applies to you;
• use Kuji to harass, bully, single out or humiliate anyone. Kuji picks a name; how a pick is used is up to the person running it, and using it to target someone is a misuse of it;
• introduce, or attempt to introduce, any virus, malware or other harmful code;
• attempt to gain unauthorised access to Kuji, to the systems it connects to, or to any data held in them;
• do anything intended to damage, disable, overburden or impair Kuji or its operation, or to interfere with anyone else's use of it.

5. Your data stays yours

The names, lists and results you enter stay on your device, in Kuji's own private storage. There is no account, no sign-in, no upload and no server holding your lists.

We cannot see them. We could not produce them if you asked us to, and we could not produce them if anyone else asked us to either. That is a consequence of how Kuji is built, not a promise about how we behave.

You own what you enter. Nothing in these terms gives us any right over it. We claim no licence over your lists, your names or your results.

Two things are worth knowing, and are set out fully in the privacy policy:

• If the optional sharing settings are on, limited usage, crash or advertising-measurement information is sent to our providers and partners. It never includes the names you type or your lists, though it does include the shape of a pick in numbers and which settings you have changed. These settings are off until you turn them on, and you can turn any of them on or off at any time in the app menu under Sharing. Advertising measurement is the one that goes to partners who use it for their own purposes; the privacy policy explains what that means.
• If your device's own cloud backup is switched on, Kuji's settings file, which contains your saved lists, is included in your own backup. That is your backup under your account; we cannot read it or delete it.

The Kuji Privacy Policy gives the full picture of what is processed, on what basis, and what rights you have. Read it alongside this section.

6. Buying Kuji Unsealed

Kuji is free to use. Kuji Unsealed is a single, one-time purchase that unlocks extra features. There is no subscription. We do not offer subscriptions in Kuji, so nothing recurs, nothing auto-renews, and there is nothing to cancel.

Google Play sells Kuji Unsealed to you, not us. The store is the seller of record and handles billing, tax and refunds. Your contract for the payment itself is with the store.

The current price is shown in the store before you buy, in your local currency, inclusive of any tax the store applies. We can change the price of Kuji Unsealed for future purchases, but a change never affects a purchase you have already made.

Refunds. Because the store is the seller, refunds go through the store: open the Play Store app → your account → Order history, find the purchase, and request a refund. The store's refund policy is here: support.google.com/googleplay/answer/2479637

Your legal rights come first. If Kuji Unsealed is faulty, not as described, or not fit for purpose, you have rights as a consumer that these terms do not affect and cannot take away. The store is the seller of record for the payment, and we are the supplier of the software itself, so a complaint about the transaction goes to the store and a complaint about the app can come to us. If the store declines a refund and you believe you are entitled to one under consumer law, contact us at privacy@tacitlabs.co.uk and we will see how we can help.

You have a 14-day right to change your mind about a purchase of digital content. You may be asked to agree that the content is made available to you straight away, which ends that right once it has been delivered; the store handles this at the point of purchase. If you are unsure whether it applies to you, contact us and we will see how we can help.

Kuji Unsealed is unlocked on your store account. If you reinstall Kuji, or set up a new device signed in to the same account, the purchase can be restored. The store is the record of what you own, which is why losing your device does not lose your purchase.

7. Third-party services in Kuji

Kuji uses these services. Each is described in full in the Cookie & SDK Notice, which also lists the components that send nothing at all. This list covers every service that can send anything off your device.

Those services are operated by other companies, and your use of them is also subject to their own terms and privacy notices. We are not responsible for how they operate their own services.

Nothing in Kuji passes your names to another app.

8. Ownership and intellectual property

Kuji, including its software, source code, artwork, animations, sounds, design, the Kuji name and our branding, is owned by us or our licensors, and is protected by intellectual property law.

Nothing transfers to you beyond the licence in section 3. Being allowed to use something is not the same as owning it.

Kuji includes open-source components, used under their own licences, and nothing in these terms overrides the rights those licences give you. The Licenses screen in the app menu sets out the licences for the typefaces Kuji is set in and for the third-party libraries it is built with, grouped by the licence each one is published under. If you would like any of it in another form, ask us at the address in section 15.

Reporting infringement. If you believe something in Kuji infringes your intellectual property, email privacy@tacitlabs.co.uk with: what you own and why you own it; where in Kuji it appears; what you would like us to do; and how to reach you. We will review it.

9. What we do and do not promise

Kuji is provided "as is" and "as available".

We do not promise that Kuji will run uninterrupted, that it will be free of errors or security flaws, that it will work on every device or every operating system version, or that defects will be corrected.

On fairness of results. Kuji is designed to pick fairly, using the randomness facilities its platform provides. We do not promise any particular result, distribution or outcome from any individual pick.

Kuji must not be relied on where the outcome genuinely matters: legal, financial, medical or safety decisions, or anything a person's welfare depends on. It is a picker for everyday choices.

Your legal rights are not affected by anything in this section. As a consumer you have rights that cannot be excluded by a contract, in particular that digital content you pay for must be of satisfactory quality, as described, and fit for purpose, with a right to repair, replacement or a refund if it is not. Nothing in these terms limits or removes those rights. Where any part of these terms conflicts with them, your rights win.

10. Our liability to you

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded. Read the rest of this section as subject to this paragraph throughout.

Subject to the paragraph above, and to the fullest extent the law permits, we are not liable for indirect or consequential loss, nor for loss of profit, loss of business, loss of opportunity, loss of goodwill, or loss or corruption of data.

Subject to that same paragraph, our total liability to you, taken together across everything arising out of or in connection with your use of Kuji, is limited to:

• if you have paid for Kuji Unsealed: the greater of the amount you paid and £50;
• if you have not paid us anything: £50, or the equivalent value in your local
• currency.

We are not liable for loss caused by your own device, your operating system, your network, or another company's service; nor for loss arising because you used Kuji for a decision that mattered, contrary to section 9.

What none of this affects: your data is on your device. If you lose your device or clear the app's data, your lists go with it, and we cannot recover them, because we never had them. Keep your own copy of anything you would mind losing.

11. Stopping

You can stop at any time, for any reason, by uninstalling Kuji. There is no account to close, no notice to give and no penalty. Uninstalling removes what Kuji has stored on that device.

We may suspend or withdraw Kuji, or your access to it, if:

• you materially breach these terms, in particular section 4;
• we are required to by law, by a court, by a regulator, or by the app store; or
• we discontinue Kuji.

Where we can give notice, we will, and we will give as much as the circumstances reasonably allow. If we discontinue Kuji altogether we will aim to say so in advance through the store listing or an app update.

If we withdraw Kuji entirely and you bought Kuji Unsealed shortly beforehand, contact us and we will see how we can help. Refunds are dealt with in section 6.

The following continue to apply after you stop using Kuji: You own what you enter in section 5, and sections 8, 9, 10, 12, 13 and 14.

12. Changes

We may change these terms, for example when Kuji changes or when the law does. The Last updated date at the top always reflects the current version.

If a change is material and disadvantages you, we will give you notice before the changes take effect, through the store listing or a notice in the app. Where a change is forced on us by law, by a regulator or by the app store, we will give as much notice as that allows.

Continued use after a change takes effect is acceptance of it. If you do not accept a change, stop using Kuji and uninstall it before it takes effect. If the change materially reduces something you have already paid for, contact us and we will discuss a refund.

We may add, change or remove features. For a significant change to a benefit you have paid for, we will give reasonable notice first. Routine improvements, fixes and cosmetic changes do not require notice.

A change to these terms never applies retrospectively to something that has already happened.

13. Law and disputes

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.

This does not take away your local rights. If you live in Scotland or Northern Ireland, you may bring proceedings in the courts of your own home nation, and you keep the benefit of any mandatory consumer protections that apply where you live.

If you live in the European Economic Area, the same principle applies and the law guarantees it: a choice of English law cannot deprive you of the protection of the mandatory consumer rules of the country you live in, and you may bring proceedings in the courts of that country. We are not signed up to any alternative dispute resolution scheme. If you would rather not deal with us directly, the consumer body or ADR scheme in the country you live in can advise you, though we would much rather you emailed us first.

Please talk to us first. Most problems are quicker to fix directly than through a court. Email privacy@tacitlabs.co.uk with what has gone wrong and what you would like done. We aim to respond within one calendar month. Nothing here obliges you to do this before exercising a legal right.

14. General

Events outside our control. We are not liable for failure or delay caused by something beyond our reasonable control, including network or platform failure, an app store's decision, a change in law, or an act of a public authority.

Entire agreement. These terms are the whole agreement between us about your use of Kuji. The privacy policy and the Cookie & SDK Notice explain what happens to information; you should read them, but they are not part of this contract. This does not limit any liability for fraudulent misrepresentation.

Severability. If a court finds any part of these terms unenforceable, that part is removed or narrowed to the minimum extent necessary, and the rest continues to apply.

No waiver. If we do not enforce a right straight away, we do not lose it.

Assignment. We may transfer these terms to a successor, for example if our business is sold, and your rights are unaffected. You may not transfer your rights or obligations without our written consent.

No third-party rights. Nobody other than you and us may enforce these terms.

15. Contact us

Tacit Labs Ltd 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom

Email: privacy@tacitlabs.co.uk