Terms and Conditions
1. Who we are
1.1. We are Mosaic Journal Ltd, a limited company registered in England and Wales, company number 13623117 and registered address at 23B High Street, Pewsey, Wiltshire SN9 5AF, England.
1.2. You can contact us at firstname.lastname@example.org.
2. Mosaic Journal App
2.1. Mosaic Journal App is an app that facilitates photo journaling by allowing you to you to upload and store photos daily and select photos to be added to a photo journal.
2.2. Mosaic Journal App also allows that you order prints of the photos and a photo album.
2.3. Mosaic Journal App can be downloaded at Apple Store and Google Store (“Stores”).
3. Our contract with you
3.1. When you download the Mosaic Journal App and/or any update to the Mosaic Journal App at a Store, a contract will be formed between we and you for the supply of the Mosaic Journal App and the subscription print services in accordance with these Terms and Conditions (“Contract”).
3.2. We and you agree that the providers of the Stores will not be parties to the Contract. Therefore, they will not be bound by the provisions of these Terms and Conditions. However, the terms and conditions of the Stores will apply to you when you use them to download the Mosaic Journal App and to us when we list the Mosaic Journal App at the Stores.
4. Fees and Payment
4.1. Downloading and using the Mosaic Journal App is free of charge.
4.2. If you sign up to a print services subscription plan, they will subject to the subscription fees set out in the Mosaic Journal App for the subscription plan of your choice (“Subscription Fees”).
4.3. If you order other print services, they will be subject to the prices and shipping fees (if any) set out in the Mosaic Journal App (“Print Services Charges”).
4.4. If you sign up to a print services subscription plan, we will only increase the Subscription Fees after giving you at least 30-day notice.
4.5. Subject to clause
4.4, we reserve the right to amend the Subscription Fees and Print Services Charges in the Mosaic Journal App at any time.
4.6. The Subscription Fees and the Print Services Charges shall be paid monthly via Stripe under Stripe terms and conditions (which are incorporated to these Terms and Conditions by reference).
4.7. You acknowledge that Stripe terms and conditions apply to the Contract and you agree to be bound by them.
5. Intellectual Property Rights and Licence
5.1. We are the owner of all intellectual property arising out of or related to the Mosaic Journal App.
5.2. When the Contract is formed, we grant you a non-transferable, non-exclusive, non-sublicensable licence to install and use the Mosaic Journal App on your mobile phone(s) and/or tablet(s) in accordance with these Terms and Conditions (“Licence”).
5.3. The Licence is granted for you only and you can only share the installation and use of Mosaic App Journal with members associated to a family sharing account at the Stores.
5.4. You may not copy, alter, reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Mosaic Journal App or any part of it.
5.5. The Licence should not be interpreted to restrict third-party terms. When using the Mosaic Journal App, you must ensure that you comply with applicable third-party terms and conditions.
5.6. Unless we provide otherwise, when we release an update, the Licence also applies to any updates to the Mosaic Journal App that replaces, repairs and/or supplements its previous versions.
6. Technical Requirements for installing and using the Mosaic Journal App
6.1 The Mosaic Journal App requires a firmware version 1.0.0 or higher. We recommend using the latest version of the firmware.
6.2 You shall ensure that the mobile(s) and/or tablet(s) you use to install and use the Mosaic Journal App comply with this requirement. We will not be able if you cannot install or use the Mosaic App Journal because your devices failed to comply with this requirement.
6.3 We attempt to keep the Mosaic Journal App updated so that it complies with modified/new versions of the firmware and new hardware. However, we are not obliged to make any such updates and we will not be liable if we don’t.
6.4 We may change these technical requirements in accordance with clause 17.
7. Maintenance and Support of Mosaic Journal App
7.1 We shall maintain and support the Mosaic Journal App. The Stores are not obliged to provide any maintenance and/or support services in relation to the Mosaic Journal App.
7.2 If you require any maintenance or support in relation to the Mosaic Journal App, please contact us at the email set out in clause 1.2 of these Terms and Conditions.
8. Using the Mosaic Journal App
8.1 When you install the Mosaic Journal App, you will be required to create an account (“Account”).
8.2 After you create an Account, you will need to allow Mosaic Journal App to access your camera and photo and images gallery. Otherwise, you will not be able to upload photos to the journal album nor order print services.
8.3 Once you complete the steps referred to in clauses 8.1 and 8.2 , you will be able to start your photo journal by adding one photo of your choice per day. You may also add a caption and edit the photos you add.
8.4 Your photo journal will start on the date when you create your Account. If you sign up to a print services subscription plan, for the duration of the plan you will receive prints of the photos you upload for each month of the photo journal.
8.5 You may edit your photo journal for a certain month until 48-hours after the closing of the month. After that, your photo journal will be closed for that month and the photos included until then will be printed and sent to you in accordance with your print services subscription plans.
9. Photo Requirements and Rights
9.1 The photos you add to the Mosaic Journal App must be HEIF, PNG or JPEG files and cannot exceed 6MB. If the photos don’t comply with these requirements, we do not guarantee the quality of the photo journal and we will not be liable for any problems in the prints you receive under our print services.
9.2 The photos you upload shall not:
9.2.1. be unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
9.2.2. be obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable;
9.2.3. not ridicule, mock, disparage, intimidate, or abuse anyone;
9.2.4. not be used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;
9.2.5. not violate any applicable law, regulation, or rule;
9.2.6. not violate the privacy or publicity rights of any third party;
9.2.7. not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
9.2.8. not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
9.2.9. not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
9.3 You warrant that you are either the owner or authorised licensee of any and all rights (including intellectual property rights and image rights) in relation to any photo you add to Mosaic Journal App. You also warrant that neither any such photos nor its addition to Mosaic Journal App infringe any third party’s rights.
9.4 You grant us a royalty free, fully-paid, non-exclusive, sublicensable, transferable, worldwide, irrevocable licence to use the photos you upload to the Mosaic Journal App for the purposes of providing the Mosaic Journal App and the print services to you.
9.5 You shall defend, indemnify and hold us harmless against any losses, damages or claims we may suffer in connection with the photos you add to Mosaic Journal App.
10. Print Services
10.1 You may only sign up to the print services subscription plans or order other print services if you are resident in the United Kingdom.
10.2 You may sign up to the print services subscription plans when you create your Account or at any time after that.
10.3 When you sign up to our print services subscription plans or order other print services, we will send you the photos included in your plan or order printed in with the following specifications (“Prints”).
10.3.1. Size: be either 4x4” or 5x5;
10.3.3. ECf (Elemental Chlorine free) and FSC (Forestry stewardship council approved) paper~;
10.3.4. Ink is made of water, pigment and 6% glycerine.
10.3.5. Water used in the ink is given of as steam and used to heat the building, so that the pigment stays on the paper and the glycol is captured as inert waste.
10.3.6. 200GSM or 170GSM
10.4 The Prints shall be stored in a cool and dry place out of direct sunlight.
10.5 We recycle printing wasted and de-inkable paper.
10.6 The Prints will be sent to the delivery address included in your Account. You must ensure that your address is accurate, complete and updated. We will not be liable for any failure or delay in the delivery of the Prints that relate to the fact that the address included in your Account is not accurate, complete or up to date.
10.7 If you sign up to our print services subscription plans, you can change your address and/or your shipping option for a certain month within the 48-hour period referred to in clause 8.5. After that, any change you make to your shipping option or address will only become effective for the Prints of the next month.
10.8 If you order other print services, you must ensure that your address is correct when you place the order. You will not be able to change the delivery address after you have place the order.
10.9 The Prints included in the print services subscription plans will be sent via Royal Mail Standard shipping. Prints order under other print services will be subject to the shipping options set out in Mosaic Journal App.
10.10 As our shipping options are operated by third parties, the estimate delivery dates are estimates only and time is not of essence for the purposes of these Terms and Conditions.
10.11 We will not be liable for any delay or failure to deliver caused by or related to the third parties that operate the shipping options.
10.12 Without prejudice to clause 10.11, if you have any problem with the delivery of the Prints, please contact us and we will endeavour our reasonable efforts to support you in tracking and receiving the Prints.
12. Photo Album
12.1 A photo album for you to store and organise your Prints is also available for sale. The details of the photo album are described on the Mosaic Journal App.
12.2 The images of the photo album are for illustrative purposes only and the photo album you will actually receive may vary slightly from those images.
12.3 Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the photo album. Your product may vary slightly from those images.
12.4 You can order the photo album at any time using the purchase options within the Mosaic Journal App.
12.5 Payment for the photo album will made via Stripe. Therefore, clause 4.6 of these Terms and Conditions shall apply to the payment of the price of the album.
12.6 The photo album will be delivered by the shipping option of your choice. Therefore, clauses 10.10, 10.11 and 10.12 shall apply to the delivery of the photo album.
13. Term, cancellations and returns
13.1 The Contract shall remain in full force and effect until terminated in accordance with this clause 13.
13.2 You can cancel your Account and terminate the Contract at any time. Upon cancellation of your Account, we will send you any Prints or photo album you have paid for before the date of such cancellation. You may also download all your photos using a link we will provide you.
13.3 If you have changed your mind about the photo album, you may cancel your order for such photo album within 14 days after you have received it. If you want to do so, you must contact us within this 14-day period, and we will instruct you how you can return the photo album to us. You shall be responsible for the costs of returning the photo album to us. After we receive the photo album, we will refund you the price you paid for the photo album less any costs we incurred if the photo album has been damaged or has signs of use.
13.4 The Prints are made to order. Therefore, you cannot return the Prints unless they are faulty and do not comply with these Terms and Conditions. If that’s the case, you must contact us within 30 days after you have received the Prints so that we can assess the problem. If we confirm that the Prints are not compliant, we will refund you the Subscription Fees for the month(s) to which the defaulting Prints relate proportionally to number of defaulting Prints.
13.5 If you exercise you rights under clauses 13.3 and 13.4, this shall not be deemed as a cancellation of your Account and/or termination of the Contract.
13.6 Any refund we make to you will be processed via Stripe. Therefore, Stripe terms and conditions will apply to any such refunds.
13.7 We reserve the right to suspend your access to the Mosaic Journal App and terminate the Contract if you breach any provision of these Terms and Conditions and fail to cure this breach within 5 days after being notified by us to do so.
13.8 We may also cancel your Account and terminate the Contract by giving you 30-day notice.
14. User Generated Contributions
14.1 Mosaic Journal App may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
14.2 Contributions may be viewable by other users of Mosaic Journal App and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
14.3 When you create or make available any Contributions, you thereby represent and warrant that:
14.3.1.the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe any third party’s rights;
14.3.2.you are the creator, owner or authorised licensee of the Contributions;
14.3.3.you have the right to make the Contributions.
14.4 You also warrant that your Contributions comply with clause 9.2 and are not false, inaccurate, or misleading.
14.5 When you make a Contribution, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide licence to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image, name, marks and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions (“Contributions Licence”).
14.6 The Contributions Licence will apply to any form, media, or technology now known or developed in the future.
14.7 The Contributions Licence include the right to:
14.7.1. edit, redact, or otherwise change any Contribution;
14.7.2. re-categorize any Contributions to place them in more appropriate locations in the Mosaic Journal App; and
14.7.3. pre-screen or delete any Contributions at any time and for any reason, without notice.
14.8 You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
14.9 We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
14.10 We have no obligation to monitor your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Mosaic Journal App.
14.11 You are solely responsible for your Contributions and you shall defend, indemnify and hold us harmless against any losses, damages or claims we may suffer in connection with your Contributions.
15. Limitation of Liability
15.1 The Mosaic Journal App is for general informational purposes only. We make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Mosaic Journal App. If you rely on any such information, it will be solely at your own risk and we shall not be liable for any damages, losses or claims you may suffer in connection with such reliance.
15.2 Nothing in Mosaic Journal App shall be deemed to constitute professional advice about photography and/or design and we shall not be liable for the quality and standard of the photos you add to Mosaic Journal App.
15.3 The Mosaic Journal App may contain testimonials by other users. These testimonials are supposed to reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users. We do not claim, and you should not assume, that all users will have the same experiences.
15.4 The views and opinions contained in the testimonials belong solely to the users that gave them user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
15.5 We will endeavour our best commercial efforts to ensure that the Mosaic Journal App is always available and free of spyware, trojan horses, viruses, or any other malware when you download it. However, we do not guarantee that that.
15.6 We do not guarantee that the Mosaic Journal App will be executable on all devices. In particular, we do not warrant that Mosaic Journal App will be executable on devices that have been unauthorizedly modified or handled inappropriately.
15.7 You are required to inspect the Mosaic Journal App immediately after installing it and notify us about issues discovered without delay.
15.8 If we fail to comply with these Terms and Conditions, we are responsible for losses or damage you suffer that are a foreseeable result of our failure. However, we will not be liable for losses and damages that are not foreseeable. A loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
15.9 If the Mosaic Journal App damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.10 We are not liable for business losses. We only supply the Mosaic Journal App and the print services for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.11 Nothing in these Terms and Conditions shall be deemed to exclude or limit in any way our liability to you where it would be unlawful to do so.
16. Data Protection
17. Changes to these Terms and Conditions and the Mosaic App Journal
17.1 We may change these Terms and Conditions and the Mosaic App Journal at any time if needed to:
17.1.1. reflect changes to the applicable laws and regulations;
17.1.2. reflect changes made by third parties subcontractors (in particular payment services providers and delivery services providers);
17.1.3. reflect changes made by the Stores;
17.1.4.implement technical adjustments, improvements and updates.
17.2 These changes are unlikely to materially affect your use of the Mosaic App Journal and/or the print services subscription plans. If they do, you will be entitled to terminate the Contract with effects from the delivery of the Prints related to the Monthly Journal for the calendar month prior to the date when the change took place.
18. Third-Party Rights
18.1 Except for the rights of the Stores granted under the Stores terms and conditions, a person who is not a party to the Contract will not have any rights under the Contracts (Rights of Third Parties) Act 1999.
19.1 If any part of the Contract or these Terms and Conditons is invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the part will be deemed to have been deleted. Any such modification or deletion will not affect the other parts of the Contract and these Terms and Conditions.
20. Applicable law and dispute resolution
20.1 The Contract and these Terms and Conditions shall be governed by English law.
20.2 We and you will use our best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this agreement or any breach of it.
20.3 If any such dispute cannot be settled amicably, it shall be subject to the Courts of England and Wales.