Mobile Application End-user Licence Agreement

Last updated: 4 July 2023

Please read these licence terms carefully

By using this service, you are confirming you agree to the Terms and Conditions set out in this contract which will bind you.

Contents

Who we are and what this agreement does

We, Everyone TV Platforms Limited, our Affiliates and DTV Services Limited (together or separately, “we” and/or “us”) of Everyone TV, Triptych Bankside, 185 Park Street, London SE1 9BL license you to use:

  • The Freeview mobile application software, the data supplied with the software, (the “App”) and any updates or supplements to it.
  • The related online and/or electronic documentation (the “Documentation”).
  • The service you connect to via the App and the content we provide to you through it (the “Service”). as permitted in these terms.

What will you need

In order watch content on the App you will need to download the BBC iPlayer, ITV Hub, All 4, My 5, STV Player and UKTV Play applications. The App requires a compatible device running the latest operating system. The device will require either a mobile data or broadband connection with sufficient allowance. Channels may vary by location. The App will require you your postcode or access to your location.

Your privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our Privacy Notice. 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.

Digital distribution services and content providers' terms also apply

These Terms and Conditions do not govern your relationship with your digital distribution service. The ways in which you can use the App and Documentation may also be controlled by the Google Play or Apple App Store’s rules and policies. You can view the Apple terms and the Google Play terms.

These Terms and Conditions do not govern your relationship with the Service’s content partners (such as BBC, ITV and Channel 4). The ways in which you can use the materials owned and provided by third-party content providers is subject to the terms and conditions set out by the content provider within their respective content apps.

Support for the App and how to tell us about problems

  • Support. If you want to learn more about our App or the Service or have any problems using them, please take a look at our support resources in the Help & Support section of the App, and/or at Freeview.co.uk/help.
  • Contacting us (including with complaints). If you think the App or the Services are faulty or mis-described, or wish to contact us for any other reason please email our customer service team at [email protected] or call us on 03456 505050.

How you may use the App

In return for your agreeing to comply with these terms you may:

  • download a copy of the App onto Mobile and Tablet devices and view, use and display the App and the Service on such devices for your personal purposes only. In addition, you may share the App and the Service in accordance with the rules set out in either Apple's terms or the Google Play terms; and
  • use the Documentation to support your permitted use of the App and the Service; and
  • receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

Network and broadband requirements

This service is provided to you via a mobile data network and/or broadband internet connection (as applicable). You will be responsible for any costs charged by your mobile network and/or internet service provider in relation to the provision of internet coverage necessary to use the Service. We encourage you to use the App and Service using WiFi connections to minimise data usage and/or associated costs.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it prior to any change of ownership.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it prior to any change of ownership.

Changes to the terms

We may change these terms from time to time at our sole discretion. Any revised terms will be applicable from the date they are published. Where we make material changes to these terms we will provide you with prior notice as appropriate under the circumstances. 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/or change the Service 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.

The App will always work with the current or previous version of your mobile or tablet device operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it. More information on operating system requirements can be found from your app store.

Updates to the App are the sole property of us. The digital distribution service you have downloaded the App from have no obligation to supply any maintenance or support services for the App.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device

By using the App or any of the Services, you agree to us tracking your usage of the App on the devices you use the App on, including related software, hardware and peripherals to improve our products and to provide any Services to you.

We may collect location data*

* (but you can turn location services off)

We aim to provide you with the best App and Service possible, and part of this objective is presenting you with the content you know and love. This App will, therefore, use your devices’ location data. We use your location to make sure we only show you the content relevant to your region and make sure you’re not missing out on any of your favourite shows or channels.

Your location is only used to provide you with regionalised content and we promise to never share it with third-parties or store it beyond your use of the App. If you change your mind, you may stop us collecting such data at any time by turning off the location services in the settings menu. With location services off, you can instead provide us with your postcode to continue seeing your region’s content. Otherwise, we will show you the default content listings, which may not ordinarily be applicable to your region.

Our App may use SDKS

The App may use SDKs (Software Development Kits). SDKs are coding provided by our partners that may be installed in the App. SDKs help us understand how you use the App and collect certain information about the device and network you use to access the App.

Our SDKs are currently provided by:

  • Google Analytics

Information processed by SDKs is in accordance with our Privacy Policy.

If you wish to opt out of SDKs, this can be done in the App. To opt-out , visit the My Freeview section of your App, open the Settings ‘cog wheel’ icon in the top right hand corner, select 'Tracking & Cookies' and select your preferences.

We are not responsible for other websites or content you link to

The Freeview Mobile app is an aggregation application, enabling users to deep-link to third party content which is not provided by us and is instead provided by the content partners. As a result, we are not responsible for any content that our App/Service links to, nor have we approved the linked content or third-party privacy policies (if any).

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

Your dealings with, or participations in promotions by, any third-party advertisers on or through the App or Service are solely between you and such third party. You agree that we will not be responsible or liable for any damage incurred or loss suffered as a result of such dealings with third parties accessed via the App or Service.

Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Documentation or Service, 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, Documentation or Service, nor permit the App or the Service 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 Service on devices as permitted in these terms;
  • not to extract any data or metadata from the App, nor create any index or database incorporating data or metadata from the App;
  • 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 (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    • is not used to create any software that is substantially similar in its expression to the App;
    • is kept secure; and
    • is used only for the Permitted Objective;
  • 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;
  • not access or download the App from any location subject to a U.S Government embargo or any location designated as a terrorist supporting country by the U.S Government; and
  • not access the App if you are on a U.S Government list of prohibited or restricted parties.

Acceptable user 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 (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable 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, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you and limited to usage only. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the right to use them in accordance with these terms. Nothing in these Terms and Conditions shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright of ours or any third party, including ‘Freeview’ and/or ‘Freeview Play’.

If any intellectual property rights within the App are judged to infringe upon another party, we are solely responsible for any investigation, defence or settlement of such infringement claims.

Contains OS data © Crown copyright and database right 2022.

Land & Property Service © Crown Copyright and database right 2022 VARCA 100564.

Land & Property Services logo

The Products and/or Services have been derived from Land & Property Services (LPS) mapping data. LPS mapping data, and data created from LPS material are subject to Crown Copyright and database right. The data may not be further sub-licenced, sold, demonstrated, lent, or otherwise transferred of exploited without the prior written consent of LPS. LPS shall not be held liable for the data not being fit for your purpose or applications.

Third party licences

The App is made possible by various open source software components. The open source components listed below may include, as applicable, copyright notices, original source code URLs and license URLs.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE OPEN SOURCE COMPONENTS ARE PROVIDED BY THE COPYRIGHT HOLDERS CONTRIBUTORS, LICENSORS, AND DOLBY “AS IS” AND ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, OR TRADE USAGE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‐INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT WILL THE COPYRIGHT OWNER, CONTRIBUTORS, LICENSORS, OR INTERMEDIA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE OPEN SOURCE COMPONENTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The IOS application utilises the following open source software:

  • Alamofire;
  • AlamofireImage;
  • RealmSwift;
  • Firebase/Crashlytics;
  • Firebase/Analytics; and
  • GoogleTagManager.

The Android OS application utilises the following open source software:

  • Firebase/Crashlytics;
  • Firebase/Analytics; and
  • GoogleTagManager.

Our responsibility for loss or damage suffered by you

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.

When we are liable for damage to your property. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

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 service. The App and the Service are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We will use reasonable endeavours to ensure the app is available to you at all times. However, we do not provide any guarantees about its availability or that we will quickly resolve any technical problems that arise in the App. Subject to the digital distribution service providing a refund for any fees paid for the App, the digital distribution service shall have no liability or obligations with respect to the App.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App store site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. We will use reasonable endeavours to ensure the App is available to you at all times. However, we do not provide any guarantees about its availability or that we will quickly resolve any technical problems that arise in the App. If our provision of the Service or support for the App or the Service 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 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 Service 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 Service:

  • You must stop all activities authorised by these terms, including your use of the App and Service.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Service.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation/s. 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 may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

Subject to this paragraph, 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.

Apple Inc. and Apple Inc’s subsidiaries are third party beneficiaries of this agreement and upon your acceptance of these terms, Apple shall have the right to enforce the terms of this agreement as a third-party beneficiary hereof.

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.

Any claims related to the App or your possession of the App should be directed to us. 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.