We are Glowinthedark Limited. Our company information is at the end of this
What this is all about
These are our terms and conditions which apply to our Service (explained below).
We’ve tried to make them user-friendly.
Please read them carefully and save a copy as we don’t file a copy specifically for the transaction
They’re available in English only.
While these terms and conditions apply to all Users (unless otherwise stated),
the Addendum to this document contains additional subscription terms that apply only to
Where you communicate with us on behalf of a company / organisation, you agree that you have
authority to act on its behalf.
Here are some definitions which are used in this document (all capitalised):
“App” – our mobile, Mac or other downloadable application.
“Board” – a project created by an Organisation on our Service.
“Collaborator” – a User invited by an Organisation to use our Service (described on our
Service as a “member” of that Organisation).
“Content” - all Media Content and any other information of whatever kind displayed, stored
or sent on or via our Service.
“Media Content” – video, images, text, music, files. web links, messages, comments and any
other information input into our Service in connection with a Board.
“Organisation” – a User who subscribes to our Service.
“Service” – the service we offer by means of our website (including web app), our App and
any related services.
“Store” – the app distributor from which you download the App (e.g., Apple App Store, Google
Play App Store).
“Store Rules” – any applicable rules, policies or terms of the relevant Store.
“User” – any individual or entity using our Service (whether or not registered with us)
including Organisations and Collaborators.
How you enter a legal contract with us
By registering on our Service, you enter a legal contract with us to use our Service. Alternatively,
if you first download our App, you enter into a legal contract with us at that point.
For App users: These terms and conditions are an “end user licence agreement” between you and us
(not the Store) in relation to our App (i.e., setting out how we allow you to use our App).
You also agree to be legally bound by the Store Rules.
By browsing any part of our Service that does not require registration/payment,
you are also bound by these terms to the extent they are relevant.
Changing these terms and conditions
We may change these terms and conditions by giving you at least 30 days’
notice unless a more urgent change is needed to comply with law/regulation or to deal with an
unforeseen and imminent danger.
We will notify you by posting the new version on our website and, if the changes are important, by
email, SMS and/or in-app message.
If you don’t agree to the new terms, you should end this contract as explained below before the new
terms take effect. Otherwise, the new terms will apply.
Your right to use our Service
We grant you a limited personal non-transferable right to use our Service on any applicable device
owned or controlled by you (only Apple-branded if you download our App from Apple)
subject to these terms and conditions and, where applicable, in accordance with the Store Rules.
Behaviour when using our Service
You agree not to do any of the following in connection with our Service:
break the law or infringe anyone else’s rights;
send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
victimise or harass other people;
use grossly offensive, obscene, abusive or discriminatory language or images;
deceive or mislead anyone;
send, store, display or link to any Content that includes someone else’s personal
unless that person is 18 years or over and you have obtained their written consent or you
are otherwise legally permitted to do so;
use our Service with a view to competing with us or infringing our rights;
disrupt our Service, e.g., spam, viruses or phishing;
interfere with or damage our Service or gain unauthorised access to any part of our system,
data, passwords or otherwise;
intercept or modify communications;
impose an unreasonable load on our Service;
deliberately exploit any bugs found within our Service;
get around any security features including those designed to stop copying of Content; or
attempt, encourage or assist any of the above.
You agree to:
comply with the guidance/requirements on our Service;
cooperate reasonably with us in relation to our Service; and
ensure that any contact or other information that you supply to us is accurate and not
misleading and you will tell us if there are any important changes.
We are entitled to set fair use limits on our Service apart from any criteria on which subscriptions
If those limits are breached, we are entitled to suspend or end the contract.
If we end the contract, we will refund in full any fees already paid which relate to the period
after the contract ends.
You are responsible for your Content.
You agree that you have (and will keep) all rights needed to enable us to use your Content as
contemplated by the Service and these terms and conditions including the right to share Media
Content with subcontractors who provide us with services such as transcoding or subscription.
We are allowed (without telling you or giving you a refund) to reject, suspend, alter, remove or
delete Content or to disclose to the police or other relevant authorities or to a complainant any
Content or behaviour if it is the subject of complaint or where we have reason to believe that it
breaches our terms and conditions, or that such steps are necessary to protect us or others, or that
a criminal offence may have been committed, or where required by law or where requested by the
police or other appropriate authorities.
You acknowledge that our Service enables Organisations to control Media Content uploaded by their
Collaborators including access, editability and retention/deletion rights. Users are responsible for
agreeing how to deal with Media Content as between themselves including any licensing of, or
transferring of ownership of intellectual property rights in, such Media Content. We are not legally
responsible if your Content is misused by other Users. You must take reasonable care when deciding
which Content to upload to our Service.
It is your responsibility to make your own frequent backups of Content if you want protection if it
is lost or damaged. We are not responsible for such loss or damage.
Uninstalling the App may result in deletion of all Content on your device.
Dealing with other Users
Organisations are responsible for deciding which Collaborators to invite and deal with. We are not
legally responsible for any dealings between Users.
If you encounter behaviour or Content which you think is inappropriate, please email us to our email
address shown below (including if you wish to give us notice of defamatory material). Please also
seek relevant external help If appropriate (e.g., from law enforcement authorities) and/or stop
using the Service.
If we ourselves provide any guidance or other general information on or via our Service, we do not
guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before
acting on such information, you must make your own appropriate and careful enquiries including as to
its accuracy and suitability for your purposes. You rely on such information at your own risk.
If you create an account on our Service
Your account is non-transferable. You agree not to allow any other person to use your account. You
agree to take reasonable care to keep your login information confidential and to tell us immediately
of any apparent breach of security such as loss or misuse of a password. You are responsible for
Collaborators who you invite to use our Service (except insofar as their activities relate to
another Organisation) and for people who use your account or identity (unless and to the extent that
we are at fault).
The Service includes support only if we specifically say so within the Service and, if so, by the
specified contact methods. Any support service is only intended to address configuration and proper
use of, or any errors or interruptions arising from, our Service.
Unless otherwise stated, we do not guarantee any particular response times or outcomes. Any response
times given are English business hours/days unless we say otherwise.
In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken
You acknowledge that the Store has no obligation to supply any maintenance and support services in
relation to the App.
Ending or suspending this contract
You are entitled to end this contract at any time by closing your account as explained on our
Service. (This doesn’t entitle Organisations to a refund.)
We are entitled to end this contract at any time or suspend part or all of our
Service or impose restrictions on our Service if:
you or any of your Collaborators break this contract;
you are a Collaborator and your account has been inactive for at least 12 months;
any fees payable by you are unpaid or unjustifiably charged back;
acting reasonably, we think that it is necessary to protect you, us or others;
we are required to do so by applicable law or regulation or to comply with an order,
instruction or request from a competent authority; or
you, anyone on your behalf or any of your Collaborators act inappropriately towards our
We are entitled at any time to end this contract without giving reasons. If so, we will refund in
full any fees already paid which relate to the period after the contract ends.
We are entitled at any time to end this contract if we terminate our Service as a whole if in our
reasonable opinion it is necessary to do so for security, technical or operational reasons.
If this contract ends:
Your right to use our Service and all licences are terminated.
If you are an Organisation, we are entitled to delete your Content (including all of your,
and your Collaborators’, Media Content) after 14 days without telling you.
If you are a Collaborator, we will not delete your Media Content after 14 days following the
end of your contract but only after the end of the relevant Organisation’s contract.
Existing rights and liabilities are unaffected.
All clauses in this contract which are stated or intended to continue after termination will
continue to apply.
If our Service doesn’t work properly
We do not warrant that the Service will be uninterrupted or error-free or that any Content
generated, stored, transmitted or used via or in connection with the Service will be complete,
accurate, secure, up to date, received or delivered correctly or at all.
We are entitled, without notice and without liability to suspend the Service for repair,
maintenance, improvement or other technical reason.
You acknowledge that technology is not always secure and you accept the risks inherent in use of the
Internet or other technology for the purpose of the Service.
Compatibility of App
We do not guarantee that the App is or will be compatible with any particular mobile devices or
associated operating systems (OS’s). You must check that the App works on your applicable device
before you subscribe. You acknowledge that the supplier of the device or OS may issue an update that
causes our App to stop working. We may issue App updates through the Store; if so, you may not be
able to use our App properly or at all until you have downloaded the update, which may be subject to
agreement to new terms and conditions. It is your responsibility to frequently monitor for App
updates and to install them as soon as they become available.
Restrictions on our legal responsibility – very important
Nothing in this agreement in any way limits or excludes our liability for negligence causing death
or personal injury or for fraud or fraudulent misrepresentation or for anything which may not
legally be excluded or limited. In this section, any reference to us includes our employees and
agents, who have the right to enforce this agreement.
If you are a subscriber at the time of the act or omission complained of, our liability of any kind
(including our own negligence) for any act or omissions or series of connected acts or omissions is
limited to the total fees paid or payable by you to us in connection with our Service in the 12
months before the first act or omission complained of.
In no event (including our own negligence) will we be liable for any of the following (even if we
have been advised of the possibility of any such losses): economic losses (including, without limit,
loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or
reputation; or special, indirect or consequential losses; or damage to or loss of data.
You will indemnify us against all claims and liabilities directly or indirectly related to your use
of the Service and/or breach of this agreement.
To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or
otherwise, that are not expressly stated in this agreement.
This agreement constitutes the entire agreement between us with respect to its subject matter and
supercedes any previous communications or agreements between us. We both acknowledge that there have
been no misrepresentations and that neither of us has relied on any pre-contractual statements.
Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of
this agreement is excluded.
Intellectual property rights (e.g., copyright)
If you upload Media Content, you retain ownership of the intellectual property rights unless and to
the extent you agree otherwise with another User. You allow us, at no cost and for so long as this
contract lasts to use and adapt all or part of such material insofar as reasonably necessary for the
purpose of our Service.
The intellectual property rights in our Content are owned by us or by our partners or suppliers. You
may view such material on your device for your personal, private and internal business use only. You
must not otherwise use such material including copying, publishing, selling or adapting it or taking
extracts from it unless we specifically say so in writing (except to the extent specifically allowed
by this agreement). You must not misrepresent the ownership or source of such material, for example
by changing or removing any legal notices or author attributions.
Just to be clear - you must not collect, scrape, harvest, frame or deep-link to our Content without
our specific prior written consent.
You must not reverse-engineer or decompile any of our software in any way (except to the extent
allowed by applicable law). You must not create or use a modified or derivative version of our
software or distribute or sublicense our software to third parties. You must take reasonable steps
to ensure that our software is not disclosed to any third party.
which may change from time to time. However, separate requirements
apply were where we act as a “processor” – see below.
Personal information that we handle as a “processor”
This clause applies to personal information we handle as a “processor”. You are the “controller” of
this information. We process it during the contract to enable us to provide our services.
We agree to the following in relation to such data:
to process it only in accordance with your documented instructions including as set out in
agreement (unless the law requires otherwise in which case we will tell you);
if we transfer it outside the UK or European Economic Area to ensure that the recipient is
the applicable “standard contractual clauses” created by the ICO or to comply with any
legal basis for such transfer;
to ensure that anyone we allow to deal with the data is under a confidentiality
to take, and regularly review, appropriate security measures in accordance with data
protection law and get your approval before making any important changes;
not to subcontract any processing without your authorisation and you are deemed to authorise
any sub-processors listed on our Service;
to give you at least 14 days’ notice of any new sub-processor and you will be deemed to
agree if you don’t object within that time; if you do object, we can end this contract or
just the part relating to use of the new sub-processor;
to impose on the sub-processor the same obligations as those we have under this agreement
but we remain fully liable to you for the sub-processor’s obligations;
to take reasonable steps to help you comply with your own data protection obligations
including regarding data subject requests, security, notifying data breaches and data
protection impact assessments;
unless we are legally required to retain the data, to delete it after 14 days following the
end of the contract during which period you should download the data if wish to retain it;
to provide you with all information necessary to show that we have complied with our data
obligations and to allow and cooperate with audits and inspections by you and your auditor;
to tell you immediately if we think that an instruction you give us doesn’t comply with data
Things we can’t control
We are not liable for failure to perform or delay in performing any obligation under this agreement
if the failure or delay is caused by any circumstances beyond our reasonable control including third
party telecommunication failures and epidemics/pandemics.
Transferring this contract to someone else
We may transfer all or part of our rights or duties under this agreement provided we take reasonable
steps to ensure that your rights under this agreement are not prejudiced. As this agreement is
personal to you, you may not transfer any of your rights or duties under it without our prior
English law and courts
This contract is governed by the law, and subject to the exclusive jurisdiction of the courts, of
England and Wales.
General but important information
We may send all notices under this agreement by email to the most recent email address you have
given us. You can send notices to our email address shown below. Headings used in this agreement are
for information and not binding. If any part of this agreement is ineffective or unenforceable for
any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this
agreement by the other, it can still be actioned later. A person who is not a party to this
agreement can’t enforce it unless the agreement says otherwise. The parties are independent
contractors and, except as otherwise specifically stated above, nothing in this agreement make any
party as agent, employee or representative of the other.
Extra legal terms required by the Store
In the event of any third party claim that the App or your possession and use of the App infringes
that third party’s intellectual property rights, we, not the Store, will be solely responsible for
the investigation, defence, settlement and discharge of any such intellectual property infringement
The following applies where Apple Inc is the Store:
In the event of any failure of the App to conform to any applicable warranty, you may notify
Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum
extent permitted by applicable law, Apple will have no other warranty obligation whatsoever
with respect to the App, and any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be our sole
responsibility subject to these terms and conditions.
We, not Apple, are responsible for addressing your claims or the claims of any third party
relating to the App or the end-user’s possession and/or use of that App, including, but not
limited to: (i) product liability claims; (ii) any claim that the App fails to conform to
any applicable legal or regulatory requirement; and (iii) claims arising under consumer
protection, privacy or similar legislation including use of HealthKit and HomeKit
You acknowledge and agree that the Store, and the Store’s subsidiaries, are third party
beneficiaries of this agreement, and that the Store will have the right (and will be deemed to have
accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
You agree that (i) you are not located in a country that is subject to a U.S. Government embargo, or
that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you
are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any complaints, please contact us via the contact details shown below.
Contact address: Studio 20, Containerville, 35 Corbridge Crescent, London E2 9EZ, UK
Contact email address: email@example.com
Other contact information: See our website/contact page
VAT number: GB 150225357
ADDENDUM APPLYING ONLY TO ORGANISATIONS
Payment is in advance on subscription. Unless otherwise agreed in writing, subscriptions are monthly
and based on the number of hours of video Content uploaded our Service in connection with the
Organisation during the relevant period and the number of active users using the Organisation's Boards.
If the Organisation exceeds the specified number of hours and/or users you will incur additional costs as
specified in our pricing schedule.
In addition to monthly subscription payments and any fees for extra people and/or video hours you will also
be charged for any additional services used as described in our pricing schedule.
Fees for extra people and/or video hours and all additional services used are payable in the month after
they are incurred and will be automatically added to the following month's subscription fee.
If we have mis-priced any part of our Service, we are not obliged to supply the Service at that
price provided we notify you. If we do notify you, then you can decide if you want to continue with
the Service at the correct price.
Your subscription will continue to be auto-renewed for the subscription period you signed up to
unless you end your subscription before the renewal date by following the instructions on our
Service. Ending your subscription does not entitle you to a refund. You authorise us and our payment
provider to charge your payment card for the relevant amounts or otherwise take payment whenever
payments are due in accordance with this agreement. It is your responsibility to update your payment
card details as necessary.
We may at any time change our subscription prices. We will give you notice by email at least 30 days
before any price change takes effect. If you do not agree with the new price, you should end the
contract as explained above. Otherwise, the next renewal of your subscription after the 30 days’
notice will be at the new price.
You must contact us immediately with full details if you dispute any payment.
You agree that you are legally bound by the terms and conditions of any payment providers whose
services you use on our Service. We aren’t responsible for what they do or don’t do.
You must make all payments without any set-off, counterclaim or any other deduction. Time shall be
of the essence for all payments under this agreement.
If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any
other remedy that may be available to us, we may charge you: (1) a reasonable additional
administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest
(both before and after judgment) on the amount unpaid at the rate for the time being that would be
applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest)