TELL TECHNOLOGIES, LTD. WEBSITE AND TELL TECHNOLOGIES MOBILE APPLICATION TERMS OF USE

This website, the mobile application and other services offered through it, the “Tell Service”, provides a personalised pay-per-use and subscription service that allows our members to read, record and share amazing audio-visual stories (“Stories”) with each other.

The stories are streamed over the Internet to certain Internet-connected computers, mobile devices, tablets, connected TVs, smart speakers and other devices ("Tell ready devices").

Tell is intended to be used by family members and friends, including parents/guardians who may register on the site, and as a result become “Users”.

Accounts may only be established by Users, and not by Children themselves; Children must have Users’ permission to use the Tell Service.

This User Agreement is to be read in conjunction with the following:
Tell Technologies, Ltd. – Privacy Policy

This Tell User Agreement (the “Agreement”) is a legal document which sets out your rights and obligations, and those of Tell Technologies, Ltd., incorporated and registered in England and Wales as a company limited by guarantee with Company Number 11973991 (“TELL”, “Tell Technologies Ltd.”, “we” or “us) and in relation to the Tell Service.

You must take the time to read and understand this Agreement before registering for the Tell Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Tell Service who do not register to become a User similarly affirm that they are bound by this Agreement each time they access the Tell Service.
Some of the points addressed in this Agreement will have relevance only if and when certain functionality, such as the ability for Users to interact with each other through the Tell Service, is introduced by us. However, it is important that we make you aware of those points at the time you enter into this Agreement with us.

You must be at least 18 years of age to provide consent to the use of this Service. By using the Service and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age or if you are under 18, you may use the TELL service only with the involvement of a parent, guardian or teacher. Subject to clause 4, if you are under the age of 13, you must ensure the person with parental responsibility for you has set up your account.

You should be aware that this Agreement may change from time to time in accordance with “Changes to this agreement” Clause below.

When you register to become a User, we ask you to provide some information about yourself. You must be honest about this information. Alternatively, you may also sign into the Service through your Facebook or Google account. If you do so, we will have access to information on your account such as your email address, profile picture and other information if you grant us permission.

You must not choose a username that could potentially infringe anyone’s rights, which is intended to confuse, or which is offensive, hurtful or otherwise inappropriate, as reasonably determined by us. We may change a username if we think it offends this Agreement.

By creating an account, you agree that:

• You must be at least 13 years old to create a User Account on your own. If you are under 13, you are not permitted to create an account without parental or guardian approval. Additionally, if you are between the ages of 13 and 16, depending on the country in which you reside, we may require consent from your legal guardian. If you are the legal representative of a minor over the age of 13 and wish to contact us, please send us a message at help@tellapp.com. For more information on account creation for minors, please refer to Article 4.
• you must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we may send you important messages there. If you change email address, then you must inform us of the new address through your account on the Tell Service;
• you will not create an account for anyone other than yourself, unless you are a representative of an Entity with express authorisation from an officer of such Entity to create an account on behalf of such Entity;
• you will not purchase, sell, gift or trade any account, or offer to purchase, sell, gift or trade any account; and
• you will not share your password with anyone, except that with respect to accounts created on behalf of an Entity, you may share your account information with other authorised users of the Entity. You are solely responsible for the activity that occurs on your account, so it’s important that you keep your account secure and use a strong password. If you think that someone has gained access to your account, please reach out to us at help@tellapp.com.
• YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE SERVICE. ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND WILL FOREVER BE OWNED BY AND INURE SOLELY TO THE BENEFIT OF TELL.
• Any personal information you chose to provide while registering for or in otherwise using the Service will be treated in accordance with our Privacy Policy.
• You are responsible for your account, including any charges and use of your account, whether by you or any third party.
• You are responsible for your safety and for complying with the law while using the TELL app.
• Certain features of the Service are subject to a fee and you may get a licence to use them, which may not be redeemed for monetary value.
• Payments for certain features of the Service may be either be made by Subscribing to become a member, or with In-App Currency or “Coins”, a virtual in-app currency which has no monetary value and is not subject to monetary valuation, although it has a price at the time of acquisition.
• Payments made for the Services are non-refundable.
• We use location-based technology to provide the Service, and your location may be tracked or shared with other Users to enable your participation in the location-based Service.
• We may, but have no obligation to, monitor user conduct on the Service. You are solely responsible for your conduct, the content you submit on the Service and your interactions with others.

By registering an account you will get access to a “User Profile”, a space specific to you on the Service in which you can fill in information about yourself, view and comment on the Stories of other Users, and publish your own Stories. The User Profiles can be Public or Private:

• Public Profiles can be consulted by anyone.
• Private Profiles can only be consulted by other users who have requested access to Follow your Profile activity, and to whom you have granted Follow access.

In our commitment to comply with app store policies and ensure a safe online environment for all users, especially minors and children under the age of 13, we've introduced age-related checks during the account creation process. Upon determining a user is under 13, the app will guide them to a screen for parental or guardian consent to manage social features, as detailed:

Minors or children under the age of 13 may not independently access social features within the app without explicit approval from a parent or guardian. During signup, if an underage user attempts to create an account, the app will transition to a consent screen. Here, the parent or guardian is required to confirm their age by entering their birth year. Following this verification, adults can customize the child’s interaction with the app by enabling or disabling options for story comments, use of real names, and the visibility of their public profile. These settings aim to increase safety and can be adjusted at any time within the profile menu. Our primary goal is to protect the privacy and ensure the security of our younger users while fostering a positive and enriching online experience.

The Services allow you to (i) create, publish, share Stories, (ii) view other Users' Stories (iii) interact with them

(i) Create and Share Your Own Content

Under this feature you can:

• Create a story by adding text, either uploaded or typed into the service
• Record a Story, and add any pictures you may want to include with the Story, and post it
• Post a story on your User Profile.
• Add additional information to the Story such as a Name, a Description, a Location, an Age Range, Tags
• Choose to share the Story with your Followers or Publicly
• Fill in various information on your User Account, such as your biography, a profile picture, your email address.

(ii) Display Other Users’ Content

You may view the Content of other Users when:

• You are Following the User
• The Content is shared publicly.

(iii) Interact With Other Users

You can interact with other Users or with other Users' Content through:

• The liking and commenting interface associated with each Story. In this regard, if a User decides to share Content publicly, then other Users can respond with likes that become visible and public in turn;
• The “Find Storytellers” feature that allows you to search your phone book for people using TELL;
• A messaging feature to exchange between Users;

(iv) Content Deletion

You may choose to remove any or all content that you have published on the TELL platform. If you encounter any difficulties or have questions, please send us a request to help@tellapp.com.

TELL's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your acknowledgment to the way we may handle your personal data as detailed in that policy.

Users can gain access to paid app features such as listening, narration and sharing of Stories by becoming members of our Subscription service. In this case:

1. Your Tell membership will continue until terminated. To use the Tell service you must have Internet access and a Tell ready device, and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).
2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Tell membership in the Tell mobile application by visiting on the "Subscriptions" panel available in your Account Settings.

Users can also gain access to paid app features such as listening, narration and sharing of Stories by acquiring and paying with In-App Currency, or “Coins”:

1. In-App Currency is not a means of payment and serves the sole purpose as a means of exchange for the Service. The In-App Currency cannot be exchanged for cash or other valuables, except for the Service. Any unused In-App Currency cannot be converted back into cash under any circumstances.
2. The User may be provided with the opportunity to acquire for cash a limited, personal, non-transferable, non-sublicensable, revocable licence to use the Service and/or the In-App Currency exclusively from TELL and/or its authorised partners by using one of the approved payment methods provided.
3. TELL will credit the In-App Currency to the User’s Account after receipt of the payment. The charge of the Service and/or the In-App Currency to the User’s Account shall be made as soon as possible. However, due to circumstances beyond TELL’s control, there may be delays in receiving payment information from the payment processing systems regarding the User’s in-app purchases.

You may change your Story privacy settings on the Services to make your Story and any associated Story Content (as defined in the “Original Story Content” Section of this agreement) more private as follows:

• Fully Public. If you choose this setting, your story and associated story Content will be public and accessible by anyone.
• Private. Only you, your Children sub-accounts and your Circles can view or access your Story and associated User Content. Your Story and associated User Content will not be accessible by the general public or other users of the Services if you choose to make your Story private.

NOTE: Even if you change your Story privacy settings through your account to Tell Registered Users or Private, your Story Content may still be retained by Tell and accessed by Tell and its partners, funders and sponsors, licensees and researchers for research purposes and any other purpose. If you do not wish your content to be made available to Tell’ third party partners, please contact us at cs@tellapp.com. Notwithstanding the foregoing, Tell will always have access to the content on your account and may use such content for internal business purposes and to maintain and provide the Services to you. Note also that irrespective of the Story privacy settings you select, your account username and photograph will always be public and viewable by anyone, unless you delete your account.

Tell grants you a personal, non-exclusive, non-assignable and non-transferable licence to access and use the Services for your personal and non-commercial use only. This licence is subject to your use of the Services in compliance with these Terms of Use.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not use the Services for any other purpose or in any way that breaches these Terms of Use or any other agreement applicable to the Services.

Additionally, you will not:

• archive, reproduce, distribute, modify, display, perform, publish, translate, licence, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms of Use) content and information contained on or obtained from or through the Tell Service;
• circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Tell Service;
• use any robot, spider, scraper or other automated means to access the Tell service;
• decompile, reverse engineer or disassemble any software or other products or processes accessible through the Tell service;
• insert any code or product or manipulate the content of the Tell service in any way;
• use any data mining, data gathering or extraction method;
• upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Tell service, including any software viruses or any other computer code, files or programs;
• use the Services in any way that violates, plagiarizes, misappropriates or infringes the rights of third parties, including without limitation, rights of copyright, trademark, privacy or publicity;
• use the Services in any way that violates, breaches or is contrary to any applicable law, rules, regulation, court order or is otherwise illegal or unlawful in Tell’ reasonable opinion;
• use the Services to impersonate or attempt to impersonate Tell, a Tell employee, another user or any other person or Entity or otherwise misrepresent yourself. Using a pseudonym to create an account does not violate this provision;
• use the Services for harassing, unethical or disruptive purposes or use the Services in any way that is indecent, offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit or in a manner to incite hatred on grounds of race, gender, religion or sexual orientation or in any other manner objectionable in Tell’s reasonable discretion;
• post sensitive information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;
• create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (aka. “spam”) to other users of the Services;
• exploit the Services for any commercial purpose, including without limitation, the sale of access to the Services or the sale of advertising, sponsorships or promotions placed on or within the Services or Story Content (as defined below);

We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

Any and all content, including any communications, images, sounds and all materials or information, that you submit (e.g. by uploading or transmitting) through the App (collectively, “User Content”) is and will remain your property from the moment of creation.

You represent and warrant that (i) you exclusively own or have the necessary licences, rights, consents and permissions to publish any User Content you submit and (ii) your User Content does not and will not infringe any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other right of any other person or entity or violates any law or contractual duty.

You are solely responsible for your own User Content and the consequences of uploading, submitting, distributing and publishing your User Content on the Services. We do not claim ownership of any User Content. You are free to share your content with anyone else, wherever you choose. However, we need certain legal permissions from you (known as a "licence") to provide the Service.

By submitting and uploading User Content to the Services, you grant Tell a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid up, transferable, sub-licensable, licence to host, store, use, display, reproduce, create derivative works of, modify, , run, copy, adapt, edit, publish, publicly perform or display, translate and distribute your User Content in connection with the Services and Tell (and its affiliates’ and partners’ and their respective successors) business, including for promoting, marketing and redistributing part or all of the User Content in any media now known or hereafter invented for all purposes permitted by law.

You also grant each user of the Services a non-exclusive, worldwide licence to access your User Content through the Services.

Though we have no legal obligation to monitor the User Content, we may access, review and screen User Content if we choose and we reserve the right to block, remove or delete any User Content at any time, with or without notice, and to limit or restrict access to any User Content, for any reason (including if we think your User Content violates these Terms of Use) without liability and limitation.

Tell has uploaded to the App and/or the Site certain Stories that were written and recorded outside of the App (the “Original Stories”) or duplicated from certain user accounts. The Original Stories, along with any and all content associated with any such Story, including photographs taken at the time of the Story and meta-data fields tagged by Tell (e.g., keywords and themes) (collectively, “Original Story Content”) are and will remain owned by Tell. Original Story Content and User Content are referred to under these Terms of Use collectively as “Story Content.”

If your account contains Original Story Content, your ability to modify such Original Story Content may be limited. If you wish to make any changes to the Original Story Content, please contact Tell at help@tellapp.com.

If you have Original Story Content on your account and upload any additional Stories, photographs or other content on your account through the App, such additional Stories, photographs and other content will be User Content and subject to the terms and conditions applicable to User Content hereunder.

These Terms and Conditions apply to all Stories available from the www.tellapp.com website and Tell apps (‘Stories’).

By clicking the acceptance button or viewing the Story, you agree to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, you must select the button indicating non-acceptance, and must not download the Story.

We grant you a limited licence (‘Licence’) to view a single copy of the Story, subject to these terms and conditions:

• The Licence is granted for your personal use (including use by a child for whom you are responsible) and not for any commercial or business purpose.
• You may not sell, rent, lease, or otherwise transfer the Licence to any other person.
• You may not otherwise copy or print the Story or adapt or convert the Story into any other format or medium.
• You may only use the Story for lawful purposes, and in a manner which does not infringe the rights of any third party.
• We will not be liable to you for any unforeseen losses or any business loss, including loss of profits, which results from your use of, or inability to use, the Story.
• We will have no liability for the use of any website, content or data provided by a third party that is accessed through the Story.
• We will not be liable for any failure to perform our obligations under these Terms and Conditions which is caused by circumstances beyond our reasonable control.
• We may terminate the Licence immediately by giving you notice at the email address you have given us if you breach any of these Terms and Conditions.
• You may terminate the Licence if you no longer wish to use the Story.
• On termination of the Licence for any reason, you must delete the Story and make no further use of it.
• Nothing in this Licence affects our liability for fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. Your rights as a consumer are not affected by anything contained in these Terms and Conditions.
• These Terms and Conditions are governed by English law and any dispute will be subject to the jurisdiction of the English Courts.

You acknowledge that except for any User Content, any and all other software (including source code), logos, icons, the Site’s and the App’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, selection and arrangement of the content, copyrights, patents, trade secrets, trademarks and other intellectual property rights therein is owned solely and exclusively by Tell and/or its licensors and are protected by the United Kingdom and international copyright, trade secret or other intellectual property laws and treaties.

You may not copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms of Service. Additionally, you may not use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

The Tell name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Tell, its affiliates or its licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Tell. You may not use, copy or imitate any such branding, logos, designs, without the express prior permission of Tell.

The Services may contain links to or make use of third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, application program interfaces or services that are not owned or controlled by Tell (collectively, “Third-Party Sites”). Any use of Third-Party Sites is subject to the terms of use enforced by such third party. YOUR USE OF ANY SUCH THIRD-PARTY SITES IS AT YOUR OWN RISK. None of the Tell Parties (defined below) shall be responsible or liable, directly or indirectly, for any damage or loss caused, alleged to be caused by or in connection with the use of, inability to use or reliance on any such content, goods or services available on any and all Third-Party Sites.

TELL reserves the right to withdraw or modify aspects of the Tell Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Tell Service becomes inaccessible as a result of technical difficulties experienced by TELL or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. There may be times when we make the Tell Service unavailable so that we can conduct technical work on it. Therefore, please note that we cannot guarantee that the Tell Service will always be available at times of your choosing.

We are not and cannot be responsible for the behaviour of Users - whether on the Tell Service or outside of it. In particular, you should be aware that TELL does not pre-screen or monitor the material contributed by Users.

You can report all inappropriate communication or behaviour to us at cs@tellapp.com.

If you see anything on the Tell Service which appears to infringe this Agreement, then please contact us to inform us of it by emailing us at cs@tellapp.com. We rely upon Users to point out material contributed by other Users which may infringe this Agreement.

TELL has no control over or responsibility for the truth or accuracy of any material available on the Tell Service that is provided by Users or others. If any third party sites are linked to from the Tell Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it. You should exercise no lesser degree of caution in appraising what you see on the Tell Service than you do offline.

Even though Users are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.

To the extent that the law permits, you release TELL its directors, contractors and employees from all liability (including in relation to disputes with other Users) arising out of your use of a third party site or arising out of or in connection with the material included on the Tell Service by Users and other third parties.

We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). TELL will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

Nothing in this Agreement limits our liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Tell Service.

Tell may assign these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms of Use, or assign, sublicense, pledge, or otherwise transfer or share the benefit of any or all of your rights, if any, in the Services, and any attempt to the contrary is void.

TELL reserves the right to change this Agreement from time to time, and post the new version on the Tell Service. This Agreement, and any new version of it in the future, takes effect immediately or upon such date as we specify on the Tell Service. However, if you do not wish to be bound by the changes we make in this Agreement (or any new version of it), then you can choose instead to remain bound by the previous TELL Terms and Conditions until one month after the date when we post the new version.

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

We don't separately file the individual Agreements entered into by members when they register for the Tell Service. You can access it on the Tell Service. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.

You can contact us by post at TELL, 85 Great Portland Street, London W1W 7LT, UK. Please make sure you include your full name and email address with all correspondence.

The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the App from the Apple App Store.

1. You acknowledge and agree that these Terms of Use are solely between you and TELL, not Apple, and that Apple has no responsibility for the App or content thereof.
2. Your use of the App must comply with the App Store Terms of Use.
3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. 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, if any, for the App to you; 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 solely governed by these Terms of Use.
4. You and Tell acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
5. You and Tell acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes such third party’s intellectual property rights, Tell, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
6. You must comply with applicable third party terms of agreement when using the App.
7. You and Tell acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the App, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Please note that we do not endorse any Story or Content submitted to the Services by any user or other licensor or any other Stories displayed on the App, or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with all such Stories and content.

Tell reserves the right to limit the availability of the Services or any portion of the Services to any person, geographic area or jurisdiction, at any time and in Tell’s sole discretion, and to limit the quantities of any content, program, product, service or other feature that Tell provides.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

These Terms of Use are the complete and exclusive statement of the agreement between you and Tell concerning the Services, and these Terms of Use supersede any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Tell. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

We always love to hear from our users and encourage you to contact us with any suggestions or feedback, which we may use to improve our Services. But if you do volunteer suggestions or feedback, keep in mind that we can use your ideas without compensating you.

The section headings used herein are for reference only and shall not be read to have any legal effect.

If you have any questions on these Terms of Use, please contact help@tellapp.com.