Terms of Use

These Terms of Use ("Terms") govern your use of ByTrain ("ByTrain" or "Application") operated by Alexander MacLeod Limited ("Alexander MacLeod Limited", "us", or "we").

Privacy

Alexander MacLeod Limited takes your privacy seriously. You may opt to grant ByTrain access to your current location ("Location Information") to find your nearest stations as set forth in the Privacy Policy. Alexander MacLeod Limited may also automatically collect anonymous information regarding your interaction with, and use of, ByTrain. By using the Application, you agree that Alexander MacLeod Limited may collect and use this information as set forth in the Privacy Policy.

Subscriptions

Some parts of the Application are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on an annual basis.

Your Subscription will be charged to your App Store account at confirmation of purchase. Your Subscription will automatically renew at the end of your Subscription period unless cancelled at least 24 hours prior to the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

You can manage your Subscription or turn off auto-renewal at any time from your App Store account settings. Cancellation of the active Subscription period is not allowed.

All Subscriptions may be final and non-refundable. By accepting these terms, you agree that Alexander MacLeod Limited is not required to provide a refund for any reason.

Alexander MacLeod Limited may change, modify, or eliminate features of the Subscription at any time, with or without notice. You agree that Alexander MacLeod Limited will bear no liability to you or any third party if Alexander MacLeod Limited does so.

Subscription Fee Changes

Alexander MacLeod Limited, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will not go into effect automatically; you must opt into the fee change to continue using the Subscription after the end of the then-current Billing Cycle.

Third-Party Websites

ByTrain may contain links to third-party web sites or services that are not owned or controlled by Alexander MacLeod Limited.

Alexander MacLeod Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Alexander MacLeod Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Intellectual Property

ByTrain is owned and operated by Alexander MacLeod Limited. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Application provided by Alexander MacLeod Limited are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials contained on the Application are the property of Alexander MacLeod Limited or its subsidiaries or affiliated companies and/or third-party licensors. All suggestions, enhancements requests, feedback, recommendations or other input provided by User or any other party relating to the Application shall be owned by Alexander MacLeod Limited, and User hereby does and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. User grants to Alexander MacLeod Limited a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Application any suggestion, enhancement request, recommendation, correction or other feedback provided by User relating to the operation of the Application. All trademarks, service marks, and trade names are proprietary to Alexander MacLeod Limited or its affiliates and/or third-party licensors. Except as expressly authorised by Alexander MacLeod Limited, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the materials. Alexander MacLeod Limited reserves all rights not expressly granted in the Terms.

Limitation of Liability

In no event shall Alexander MacLeod Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Representations and Warranties

Your use of the Application is at your sole risk. The Application is provided on an "AS IS" and "AS AVAILABLE" basis. The Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, non-infringement, or course of performance.

Alexander MacLeod Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Application will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application will meet your requirements. You understand that ByTrain may expose you to content that is inaccurate and hereby do waive, any legal or equitable rights or remedies you have or may have against ByTrain with respect hereto. ByTrain does not endorse any content and other material or any opinion, recommendation or advice expressed therein, and ByTrain expressly disclaims any and all liability in connection with content and other materials.

Interpretation and application of the data, as well as any comparative analysis and/or prognosis or similar activities done by any user, are done so solely at the user's risk and have not directly or indirectly been implied, condoned or recommended by Alexander MacLeod Limited, and/or its data suppliers.

Termination

You agree that Alexander MacLeod Limited may terminate your access to the Application, at our sole discretion, without cause or notice, and without penalty, at any time. Alexander MacLeod Limited may also at any time discontinue providing access to ByTrain, or any part thereof, with or without notice. You agree that any termination of your access to ByTrain or any portion thereof may be effected without prior notice, and you agree that Alexander MacLeod Limited will not be liable to you or any third party for any such termination. Upon termination, your right to use the Application will immediately cease. If you wish to terminate your account, you may simply discontinue using the Application.

Updates to Terms

At times it may be necessary for us to make changes to the Terms such as due to changes in the services we offer, Apple's policies and procedures, and/or the applicable laws of the United Kingdom. We reserve the right to update or modify the Terms at any time without prior notice. Please review the Terms periodically.

The Terms were last updated on the date indicated below. Any changes to the Terms will become effective when we post the revised Terms on ByTrain. As set forth above, your continued use of the Application after any changes or revisions to the Terms shall indicate your acceptance and agreement with such revised Terms.

Contact Us

If you have questions about the policies described in this statement, please email us directly at support@bytrain.com.

Last Updated: 3 June 2020