End User License Agreement

PLEASE READ THIS EULA CAREFULLY BEFORE USING THIS OUR APP

Last revised: 2026


This agreement is dated the date that the App is downloaded by you. PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP.

This end-user licence agreement (“EULA”) is a legal agreement between you (“you”) and Fervent Apps of St Stephen House, Arthur Road, Windsor, SL4 1RU, UK (“us” or “we”) for the Things on a Journey mobile application software, the data supplied with the software, the associated media, and any associated updates (the “App”).

We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site (“Appstore”), you downloaded the App (“Appstore Rules”). We do not sell the App to you. We remain the owners of the App at all times, and all copyright, trademarks, patents, rights in designs and all other intellectual property rights in the App and belong to us or our licensors.

Operating system requirements: This App requires an iPhone 12 or later with iOS 15 (or later), over 75MB of available memory, an internet connection and an integral camera.

Agreed terms:

ACKNOWLEDGEMENTS

  • The terms of this EULA apply to the App and any of the services (the “Services”) accessible through the App or our websites, www.fervent-apps.com, (together the “Website”), including any updates or supplements to the App or any Service, unless any comes with separate terms, in which case those terms also apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.

  • You may use our App and the Service only if you can form a binding contract with Fervent Apps, and only in compliance with this EULA and all applicable laws.

  • We may change these terms at any time and may notify you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
    From time to time updates to the App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

  • You will be assumed to have obtained permission from the owners of any mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition  (the “Devices”) to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access and/or data use on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

  • The terms of our privacy policy from time to time, available at www.fervent-apps.com/privacy (the “Privacy Policy”) are incorporated into this EULA by reference and apply to the Services.

  • Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if that a particular transmission is encrypted. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and any internet-based or wireless peripherals for Services to improve our products and to provide any Services to you.

  • Certain Services will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Device.

  • The App or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them. To the extent that our Services incorporate or utilize Third-Party Sites or third party software we are not responsible or liable for any failure or loss of function of such Third-Party Sites or third party software.

  • Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

  • If you use our Services on behalf of an organization, you are agreeing to these Terms on behalf of that organization. 

    GRANT AND SCOPE OF LICENSE

    Subject to this EULA, the Privacy Policy and Appstore Rules, which are hereby incorporated into this EULA, we hereby grant you:a worldwide, non-transferable, non-assignable, non-exclusive, non-sublicensable, revocable licence to download and use the App on the Device;a worldwide, non-transferable, non-assignable, non-exclusive, non-sublicensable, revocable licence to use the Services via the App and our Website, including (but not limited to) the the playing of the game Things on a Journey; a personal, worldwide, non-transferable, non-assignable, non-exclusive, non-sublicensable, revocable licence to create, reproduce, display (and have reproduced and displayed) Quikkly Codes as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by this EULA.You may:download or stream a copy of the App onto one (1) mobile telephone or handheld device and to view, use and display the App on the Devices for your personal purposes only; and use the Services via the App and our Website. We reserve all other rights not explicitly granted to you under the conditions above. Availability of selected elements of the Services may be subject to the payment of any applicable fees by you to us.

LICENSE RESTRICTIONS


Except as expressly set out in this EULA or as permitted by any applicable local law, you agree:

  • that your use of the App shall be restricted to use of the App in object code form only;

  • not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

  • not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

  • not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

  • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:is used only for the purpose of achieving inter-operability of the App with another software program; is not unnecessarily disclosed or communicated without our prior written consent to any third party; andis not used to create any software that is substantially similar to the App;

  • to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

  • to include our copyright notice on all entire and partial copies you make of the App on any medium;

  • not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;

  • to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology”);that you will not provide any false personal information to Things on a Journey;

  • that, in the case that we disable your account, you will not create another one without our permission; and that you will not use Things on a Journey if you are under 4 years old,

    together, the “Licence Restrictions”.

ACCEPTABLE USE RESTRICTIONS

You must:

  • not use the App or any Service in any illegal or unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including 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, including the submission of any material (to the extent that such use is not licensed by this EULA);

  • 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 our reputation or goodwill;

  • 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;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;

  • not access without authority, interfere with, damage or disrupt: (i) any part of our site; (ii) any equipment or network on which our site is stored; (iii) any software used in the provision of our site; or (iv) any equipment or network or software owned or used by any third party;

  • not use the Service to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or save as set out in this EULA, not reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions this EULA,

together, the “Acceptable Use Restrictions”.

We reserve the right, at our sole discretion and without notice to you, to review and moderate all aspects of Things on a Journey including, but not limited to, the format, description, configuration and usage.

If you commit a breach of the Acceptable Use Restrictions, we shall be entitled to take, at our sole discretion, all or any of the following actions without notice to you:

  • immediate, temporary or permanent withdrawal of your right to use our App, Website or any Service;

  • immediate, temporary or permanent removal of any posting or material uploaded by you to the Service;

  • issue of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

  • further legal action against you; and disclosure of such information to law enforcement authorities as we reasonably deem necessary.

We exclude our liability for our actions taken in response to breaches of our Acceptable Use Restrictions. The responses described are not limited, and we may take any other action we reasonably deem appropriate. 

INTELLECTUAL PROPERTY RIGHTS


You acknowledge that all intellectual property rights in the App, the Website, any documentation relating to the App, the Website, the Services anywhere in the world belong to us or our licensors (as the case may be), that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Website other than the right to use each of them in accordance with the terms of this EULA.

LIMITATION OF LIABILITY


Nothing in this EULA shall limit or exclude our liability for:

  • death or personal injury resulting from our negligence;

  • fraud or fraudulent misrepresentation; and any other liability that cannot be excluded or limited by English law.

You acknowledge that the App and our Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described on our Website meet your requirements. Your access to and use of the App and the Services are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis.

Subject to the conditions in this EULA, we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or consequential, special or indirect loss.

If you have made payment to us for use of the Services in the 12 month period immediately prior to any breach by us of this EULA, then we are only responsible for any loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified below, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.

All other conditions, warranties or other terms which might have effect between you and us or might be implied or incorporated into this EULA, whether by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. 

TERMINATION


We may terminate this EULA immediately by written notice to you:

  • if you commit a breach of this EULA (including but not limited to delayed or non-payment of any amounts due to us) which you fail to remedy (if remediable) within three (3) days after the service of written notice (which may be delivered to you by email) requiring you to do so;

  • and if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

On termination for any reason:

  • all rights granted to you under this EULA shall cease;

  • you must immediately cease all activities authorized by this EULA, including your use of any Services;

  • you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so; and

  • We may deactivate any and all accounts and data that you have created. 

COMMUNICATION BETWEEN US


If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to support@fervent-apps.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App. 

EVENTS OUTSIDE OUR CONTROL


We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of Third-Party Sites or a public or private telecommunications network (an “Event Outside Our Control”).If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and we will use our reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

OTHER IMPORTANT TERMS


We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.You may only transfer your rights or obligations under this EULA to another person if we agree in writing prior to such transfer.

If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.