The Application is a downloadable software application that enables you to access Bolst functionality directly from your Android, iPhone, iPad or other mobile device supported by Bolst (“Device”).    The Application requires a device with a minimum of 1GB of memory using the iOS or Android operating systems. Only Apple devices running iOS 13.0 and/or Android Oreo 5.0, or higher, are supported. 

Bolst offers a variety of services designed to facilitate and enhance engagement for a company’s workforce, contractors and clients. These services include such things as contract administration, workforce classification, payment processing and promotional services and offers (which are offered and fulfilled by our partners).  

Whilst Bolst facilitates these services for registered users of the Application, it is important to note that Bolst does not assume any responsibility for the delivery of contracted workforce services, and Bolst accepts no liability for errors or omissions in these directly contracted services. 

By downloading, installing, or using the Application, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not download, install, or use the Application.

Bolst hereby grants you, subject to the terms of this EULA, a non-exclusive, non-transferable, royalty free personal licence to: 

• Use the Application for your own personal use; 

• Install the Application on only one Device owned or controlled by you (if you own more than one approved Device then you must download a separate copy of the Application to that device). 

You may use our Application only for lawful purposes and in a manner that complies with any and all applicable laws in the legal jurisdiction in which you use the Application. 

Save where it is a specific function of the Application, you may not: 

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party; 

• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application; 

• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application. 

You must: 

• not use the Application 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 Application or any operating system; 

• not infringe our intellectual property rights or those of any third party in relation to your use of the Application (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 Application; 

• not use the Application 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 the Application or our systems or attempt to decipher any transmissions to or from the systems running the Application. 

You agree not to share, and not to allow anyone else to use, your User Account, your login ID or your password. You should choose a strong password for your User Account and ensure that the details of your password and all other security credentials are kept confidential and secure at all times. 

If you believe or suspect that (a) your login ID or password have been lost or stolen; (b) a device that you use to access the Early Pay service has been lost or stolen; or (c) someone else has accessed your User Account, you agree to tell us immediately by sending an email to support@bolstplatform.com. 

You agree to ensure that all information that you submit to us will be true and accurate in all respects and to update such information if it changes. 

The Application may display, include or make available third-party content and services or provide links to third-party websites or services.  

You acknowledge and agree that the Company is not responsible for any Third-Party Services and such additional services may be subject to the payment of fees and/or additional terms.   Where such additional services are provided by third parties your contract for such additional services will be with such third party. 

While the Company has taken care in relation to the offers or promotions that may be available by partners or advertisers through the Application, the Company has no liability in relation to the failure of any partner or advertiser in relation to the fulfilment of such offers or promotions. 

The Application, including without limitation, all ownership, copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company. You acknowledge and agree that you have no right, title or interest in the Intellectual Property Rights comprised in the content on Bolst.  

For the purpose of this paragraph the words “Intellectual Property Rights” shall mean – all intellectual property rights wherever in the world arising, whether registered or unregistered including copyright, know-how, confidential information, trade secrets, business names and domain names, marks, patents, petty patents, utility models, design rights, semi-conductor typography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off. 

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).    We shall be entitled to stop providing the Application by giving you written notice  

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you. 

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 Application. 

We may end your rights to use the Application 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 Application: 

• You must stop all activities authorised by these terms, including your use of the Application. 

• You must delete or remove the Application from all devices in your possession and immediately destroy all copies of the Application which you have and confirm to us that you have done this. 

• We may remotely access your devices and remove the Application from them and cease providing you with access to the Application. 

For the purpose of the Data Protection Act 2018 you agree to Bolst processing your personal data in accordance with its privacy notice for the purposes of your continuing use of the Application.  

The privacy policy, available at www.bolstplatform.com, explains how we collect, use, and disclose information about you. The privacy notice can also be obtained by emailing support@bolstplatform.com. 

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any consequential, indirect, incidental or special losses related to your use or inability to use the Application. 

Further the Company shall not be liable for any of the following (whether direct or indirect): loss of profit; destruction, loss of use, or corruption of data; loss or corruption of software or systems; loss or damage to equipment; loss of contract; loss of opportunity; loss of savings, discount or rebate (whether actual or anticipated); and/or harm to reputation or loss of goodwill.  

The Company’s total aggregate liability howsoever arising under or in connection with these terms shall not exceed £100. 

Where you are a consumer (that is not acting wholly or mainly in the course of your trade, profession, craft or business) nothing in these terms affects any rights you may have as a consumer.  

The Application is provided for general information purposes only.  It does 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 Application. Although we make reasonable efforts to update the information provided by the Application, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. 

If you want to learn more about the Application or have any problems using it, please take a look at our support resources at  www.bolstplatform.com 

If you think the Application is faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at support@bolstplatform.com or call us on 08085 013799. 

The Company may update these terms at any time by publishing a revised version on www.bolstplatform.com.  Your continued access or use of Bolst after the stated effective date will constitute your acceptance of the updated terms. 

These terms constitute the entire agreement between us and you in respect of the Bolst Application and supersedes all previous agreements, understandings and arrangements in respect of its subject matter, whether in writing or oral. 

We recommend that you back up any content and data used in connection with the Application, to protect yourself in case of problems with the Application. 

The Application has not been developed to meet your individual requirements. Please check that the facilities and functions of the Application meet your requirements and is suitable for you. 

We are not responsible for events outside our control. If our provision of the Application or support for the Application 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 will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your agreement with us. 

Nothing in these terms shall limit or exclude any liability for fraud. 

The Company may at any time novate, assign, sub-contract, sub-licence (including by multi-tier), transfer, mortgage, charge, declare a trust of or deal in any other manner with any or all of its rights or obligations under these terms. 

You may not sub-license, assign or transfer in any way any of your rights, liabilities and/or obligations under these terms and conditions on a temporary or permanent basis to any third party without our prior written consent. 

If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision. 

No failure, delay or omission by either party in exercising any right, power or remedy provided by law or under these terms shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy. 

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 for a third party to enforce any term of this agreement. 

These terms are governed by and shall be construed in accordance with English law.  If there is any dispute arising out of or in connection with them, all parties submit to the exclusive jurisdiction of the English Courts. 

Your use of the application we provide is also governed by:  

• Apple Media Services Terms and Conditions available via this link: (https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html) 

• Android Appstore Terms and Conditions, available via this link: (https://play.google.com/about/play-terms/) 

or such updates as issued to such terms above from time to time. 

If you have any questions about this Agreement, please contact us at support@bolstplatform.com 

Remember by downloading, installing, or using our Application, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms.