Most terms of use open with what the company is owed. These open with what you are owed, because eleven of the nineteen parts below describe protections Parliament gave you that no wording of ours could take away. Read those first. What we ask in return comes afterwards, where it belongs, and it is deliberately short.
1. Protection no contract can remove
Your right
Consumer law sits above any agreement you sign. Where anything below clashes with the Consumer Rights Act 2015, or with any other protection you have as a consumer, the law wins outright and our wording simply drops away to the extent of the clash.
How to use it
You do not have to argue it. If a term here appears to strip a statutory protection from you, it is unenforceable whether or not anybody notices, and quoting this part back at us is enough to settle the point.
Our duty
These terms bind you and WILDDECK LTD, a company on the Scottish register under number SC880737, called we below. They apply to wilddeck.co.uk and to any application we publish. An application that ships with extra terms of its own takes precedence for that application where the two disagree, and those extra terms are subject to this same part.
2. Software that actually works
Your right
Chapter 3 of Part 1 of the Consumer Rights Act 2015 covers digital content sold to a consumer. What you buy must work to a satisfactory standard, must suit any purpose you told us about before paying, and must match the description you were given. Those three are not promises we chose to make; they are terms the statute writes into the contract itself.
If it falls short, you may require repair or replacement. Where that proves impossible, or is not done within a reasonable period and without significant inconvenience to you, you may require a reduction in price, and the reduction can run to everything you paid.
How to use it
Write to us describing what the software does and what you expected instead. You need not prove the technical cause, and you are under no obligation to accept a workaround as a substitute for the remedy the statute gives you. A refusal from an app store is not the end of the matter, and part 5 explains why.
Our duty
We treat a shortfall as a quality problem to be fixed rather than a support ticket to be closed. Where a fault is ours we do not require you to demonstrate loss before we act on it.
3. If our software harms your device
Your right
Section 46 of the same Act deals with digital content that damages your device or other content on it. Where the damage would not have happened had we taken reasonable care and skill, you may require repair, or compensation. This particular right cannot be excluded by any contract, and we make no attempt to cap it below.
How to use it
Tell us what broke and roughly when. Keep whatever evidence you happen to have, though we will not use its absence as a reason to refuse you outright.
Our duty
We investigate at our own cost and give you a reasoned answer in writing. Where the fault is ours, the remedy follows without your having to threaten proceedings to obtain it.
4. Fourteen days to change your mind
Your right
Buying at a distance gives you a cooling-off window of fourteen days under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Inside it you may cancel and get your money back, and you owe nobody an explanation for doing so.
There is one exception, and its conditions are strict. The window closes early for digital content delivered straight away, but only where you expressly agreed to immediate delivery and acknowledged that agreeing would cost you the cancellation right. Both have to happen, and both have to happen before the download begins.
How to use it
Look at the purchase screen. If it did not say plainly that delivery starts at once and that your fourteen days end as a result, then no valid waiver was taken and the window is still open. Say so in writing and the refund follows; we will not ask you to prove what our own screen failed to display. Where content is not delivered immediately, no waiver is sought at all and the window runs in the ordinary way.
Our duty
Any purchase screen for immediate delivery states both facts in plain words and asks you to confirm them, separately from the act of paying. We will not bury the acknowledgement inside a block of accepted terms, because an acknowledgement nobody read is not an acknowledgement.
5. A refund route that leads somewhere
Your right
You are entitled to a refund route that works in practice rather than one that circles between two companies each pointing at the other.
How to use it
- Start with the store, because the store took the payment. For Apple, use reportaproblem.apple.com. For Android, the request goes through your Google Play account.
- If the store turns you down and you believe the Consumer Rights Act gives you a remedy, write to [email protected]. Say what you bought, when, and what is wrong.
Our duty
Money paid inside an application is collected by the store rather than by us, so we never see your card details and cannot reverse a charge we never received. That is a fact about the plumbing, not a defence. Where the store refuses and your statutory case is good, we deal with it on the merits and settle it ourselves. Prices are shown by the store in your own currency and include VAT where it applies, and a later price change never reaches back to something you have already bought.
6. Knowing a subscription before it renews
Your right
A recurring charge should never be a surprise. You are entitled to know the price, the length of each period and the fact that it renews by itself, before you agree rather than afterwards.
How to use it
Cancelling is done in your store account settings, the same place you manage every other subscription on the device. Do it a clear day before the renewal falls due. You never have to email a person to stop a payment, and there is no retention conversation to sit through.
Our duty
Should we ever sell one, all three facts appear on the purchase screen itself and not in a settings menu discovered later, and the store handles the billing. We will not design a cancellation path that runs through us, because a cancellation route controlled by the party being paid is not really a route.
7. Owning what you make
Your right
Whatever you create using one of our applications belongs to you. We take no ownership of it and no licence over it beyond the bare technical minimum needed to run the feature you are using at that moment.
How to use it
Nothing to do. It is yours by default, and where an application holds your work it also gives you a way to export it.
Our duty
We will not put your work in front of anyone as promotion without asking you first and taking a no for an answer.
8. Talking about it in public
Your right
You may record our applications, stream them, and publish what you record, including on channels that earn you money. Screenshots and clips may be used in reviews, reporting, criticism, commentary and comedy at your discretion. The recording is your copyright and the revenue is yours.
Separately, the Copyright, Designs and Patents Act 1988 permits fair dealing for criticism, review, quotation, parody, caricature, pastiche and news reporting. Nothing here narrows that, and a term purporting to narrow it would be worth nothing anyway.
How to use it
Publish. No permission form exists because none is needed, and a negative review is as welcome as a positive one for these purposes.
Our duty
Two conditions only, and both are about not misleading your audience: do not suggest we made or endorsed your production, and do not use our name or marks as the main identifier of your channel.
9. Warning before something is withdrawn
Your right
If we stop publishing something you paid for, you are entitled to notice, to your data, and to your money where you have not had the benefit of it.
How to use it
Watch for the notice, which appears both here and inside the application itself. Export your work at any point in the notice period; you do not need to wait for a shutdown to do it.
Our duty
Withdrawal carries a minimum of 60 days notice. New sales halt the moment it is announced. Paid content you have not yet had the use of is refunded. Where an application holds work of yours, the export is available throughout. Features may be added, altered or dropped in the ordinary course, but where a change takes away something you specifically paid for, that engages the Consumer Rights Act and we handle it under part 2 rather than calling it a product decision.
What we do not promise is uninterrupted availability. This website and any application depend on networks and platforms outside our control, and pretending otherwise would be a promise we could not keep.
10. Suing near home, and how long you have
Your right
These terms run under Scots law and both of us accept the non-exclusive jurisdiction of the Scottish courts. Non-exclusive matters to you: if you live in England, Wales or Northern Ireland you may raise proceedings in the courts where you live, and the mandatory consumer protections of your own part of the United Kingdom stay with you regardless of this clause.
On timing, an obligation of this kind in Scotland generally prescribes after five years under the Prescription and Limitation (Scotland) Act 1973, against six years in England and Wales. The difference is genuine and is easy to miss given that both sit inside one country. We do not shorten either figure by contract.
How to use it
Small claims in Scotland go through the sheriff court's simple procedure, which is built for modest sums and expects people to appear without representation. Free help is available from Advice Direct Scotland at consumeradvice.scot, and from Citizens Advice in the rest of the United Kingdom.
Our duty
We will not argue that you sued in the wrong place when you have used the court covering where you live.
11. Getting an unfair term struck out
Your right
Part 2 of the Consumer Rights Act 2015 makes an unfair term in a consumer contract unenforceable against you. Broadly, a term is unfair where it tilts the balance against you, contrary to good faith. It applies to this document as much as to any other.
How to use it
Tell us which term and why. If you are right, it does not bind you and the rest of the agreement carries on without it.
Our duty
We have tried to write a document that would never need this part invoked, and where a term turns out to fail the test it simply does not apply to you.
12. In return: the licence
The eight parts that follow are what we ask of you, and what we keep for ourselves.
You get a licence to install and run our applications on hardware you own or control, for your own use rather than a business's. It is personal to you: you cannot hand it on, sell it, rent it out or sub-license it, and we can withdraw it if you break these terms in a serious or repeated way.
Please do not copy, sell, rent or distribute an application, or put one on a network so that several people can use a single copy at once. Please do not take our ownership notices off. Please do not use our software to build something competing with it, or feed its assets into the training of a machine learning model.
On taking software apart to see how it works, the honest position is that we cannot stop you as far as interoperability goes. Sections 50B and 296A of the Copyright, Designs and Patents Act 1988 permit decompilation for that purpose and forbid contracting out of it. We spell that out rather than printing a blanket prohibition, because a restriction that is partly void is worse than an accurate one: you would not know which half to trust.
13. In return: using it properly
- Do not try to reach systems, accounts or other people's information that you have no business reaching.
- Do not use an application to break the law, or to keep or pass on unlawful material.
- Do not interfere with anybody else's use of it.
Access can be suspended or ended for a serious or repeated breach of those three. Where that happens and you have paid for something that stops working, your statutory rights are unaffected and we will still deal with them.
14. In return: what stays ours
The code, the design, the artwork, the audio, the Wilddeck name and marks, and the arrangement of this website remain ours or our licensors'. Nothing in these terms hands any of it over. Part 7 covers the opposite direction, and part 8 sets out how much of ours you may show while talking about it.
If you believe something we publish infringes your copyright, write to [email protected] identifying the work, what you say infringes it, why the rights are yours and how to reach you.
15. The stores' own rules
Download an application from Apple's store or from Google Play and that store's terms apply to the download and to the payment, taking precedence over ours on those subjects. Neither Apple nor Google is a party to this agreement and neither has any obligation to support our software. Where Apple's rules require it, Apple is a third party beneficiary of these terms in respect of an application distributed through its store.
16. What we answer for
Some liability can never be limited, and we do not try: injury or death caused by our negligence, fraud, misrepresentation made fraudulently, any breach of your statutory rights as a consumer, and anything else the law puts beyond reach.
Beyond that, we answer for loss you suffer that is a foreseeable consequence of our breaking this agreement or failing to use reasonable care and skill. Loss counts as foreseeable if it is obvious it would follow, or if both of us knew at the time we made the agreement that it might.
We do not answer for loss that nobody could have foreseen, or for loss flowing from your not keeping a copy of data you were able to export. Our software is sold for domestic and personal use; if you press it into commercial service we accept no liability to you for lost profit, lost business, interrupted business or missed opportunity. The device damage covered by part 3 stands entirely outside all of this and is neither capped nor excluded.
17. Data protection
Information about you is handled as set out in the privacy guide, which forms part of these terms. What arrives on your device when you load this website is covered by the cookie statement. Nothing here cuts down a right you hold under either document or under data protection law generally.
18. Changing these terms
The version that binds you is the one published here, carrying the date at the top of the page. Where a change genuinely reduces your rights, we give at least 30 days notice, both as a note at the head of this page and inside the application at its next launch, and the change does not reach backwards to a purchase you have already made.
19. Housekeeping
If a part fails. An unenforceable provision is cut out and everything else carries on as before.
If we let something go. Not enforcing a provision on one occasion does not mean we have given it up for good.
If the business is sold. You cannot transfer your rights under these terms to somebody else. We may transfer ours if the business changes hands, and if that happens your rights under these terms and under the privacy guide travel with you intact rather than being reset by the new owner.
Trading disclosure. WILDDECK LTD, company number SC880737, on the register in Scotland. The office address filed under that number at Companies House is the address for formal service. Email [email protected]. These particulars are published because the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 require them. Director names sit on the same public entry and are searchable there rather than reprinted here.