1. Parties and scope
1.1. These terms (the “EULA”) are flowed down by the Partner to the Customer that has entered into a Contract with the Partner for Mobile Services. They supplement the Contract and govern the Customer’s access to and use of Plan’s private online platforms and systems, including my.plan and any updates or additional functionality that Plan makes available (together, the “Platforms”).
1.2. This EULA covers use of the Platforms only and does not create any direct contractual relationship, privity, or liability between Plan and the Customer for the provision of Mobile Services or otherwise. All commercial terms, support, billing, and liabilities for Mobile Services remain solely between the Customer and the Partner under the Contract. Plan provides the Platforms as a processor on behalf of the Partner, acting strictly on the Partner’s instructions.
2. Definitions
“Affiliates” means entities controlling, controlled by, or under common control with a party.
“Agreement” or “EULA” means this End-User Licence Agreement as amended from time to time.
“Applicable Law” means all applicable laws, statutes, regulations, regulatory requirements, codes, directions, and guidance with legal force relevant to a party’s activities under this EULA.
“Contract” means the contract between the Customer and the Partner for Mobile Services.
“Customer” means the legal entity that acquires access to the Platforms via the Partner and uses them for its internal business purposes in connection with Mobile Services. Any individual who accepts or accesses the Platforms does so for and on behalf of the Customer, and the Customer is responsible for all access and use.
“Customer Data” means any data that the Customer submits to, stores in, or generates through the Platforms in connection with Mobile Services, excluding Usage Data.
“Documentation” means user guides, knowledge-base materials, technical specifications, and operational instructions published or provided by Plan in relation to the Platforms.
“Effective Date” means the date the Customer first accepts this EULA, signs electronically, or first accesses or uses the Platforms, whichever occurs earliest.
“Gateway” means any device or equipment that uses one or more SIMs to route calls, SMS or data between fixed and mobile networks by establishing mobile-to-mobile calls or data connections.
“Mobile Services” means the mobile services that are supplied to the Partner for resale to the Customer and which the Customer may configure or administer via the Platforms.
“Network” means the electronic communications network operated by or on behalf of Plan and/or its suppliers that underpins the Mobile Services.
“Network Operator” means a network operator that operates a wireless network to which SIMs are connected.
“Partner” means the wholesale partner appointed by Plan to procure Customers and resell access to Mobile Services.
“Plan” means Plan Communications Limited.
“Plan Policies” means the policies published by Plan and updated from time to time at the location specified by Plan.
“Privacy Policy” means the Partner’s privacy policy, as the Partner is the Data Controller for Customer personal data processed via the Platforms.
“Suspension” means a temporary restriction on the Customer’s ability to access some or all Platform features implemented by Plan for reasons including breach, security risk, legal requirement or misuse.
“Systems” means Plan’s underlying software applications, APIs, databases, provisioning systems, networks and infrastructure used to deliver the Platforms in support of Mobile Services.
“Usage Data” means telemetry, diagnostics, metadata, logs, performance metrics and de-identified analytics generated by the Systems in connection with provision, security, support and improvement of the Platforms.
“Users” means individuals (including employees, contractors, or representatives) who access the Platforms on behalf of the Customer.
3. Acceptance and authority
3.1. The Customer accepts this EULA when an individual acting on the Customer’s behalf clicks to accept within the Platform, executes an electronic signature process presented by Plan, or first accesses or uses the Platforms. Acceptance by access or use is effective even if no separate signature step is completed, consistent with industry-standard “use constitutes acceptance” frameworks.
3.2. Any individual completing the acceptance step represents and warrants that they have authority to bind the Customer. Where acceptance or enablement occurs through a third party engaged by the Customer (including the Partner during provisioning), the Customer acknowledges that such acceptance or enablement is undertaken on the Customer’s behalf and binds the Customer to this EULA.
3.3. If the Customer does not agree to this EULA, the Customer must not access or use the Platforms and should promptly arrange de-provisioning through their Partner. Accessing or using the Platforms after being presented with this EULA constitutes acceptance.
3.4. The Customer confirms it enters into and accepts this EULA in the course of business and has the corporate capacity and internal authorisations required to do so. Where acceptance is completed by an individual, that individual confirms they act for the Customer and not in a personal capacity.
4. Licence
4.1. Plan grants the Customer a revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Platforms during the term of the Customer’s service with the Partner, solely for the Customer’s internal business purposes in connection with the Mobile Services and in accordance with this EULA and the Documentation.
4.2. The Customer must not copy, modify, adapt, translate, create derivative works from, reverse engineer, decompile or disassemble any part of the Platforms.
4.3. The licence is personal to the Customer and may not be assigned, transferred, sublicensed, shared or otherwise made available to any third party except as expressly permitted by Plan in writing.
4.4. Except for the limited licence expressly granted, all intellectual property and other rights in and to the Platforms, underlying systems, releases and updates are reserved to Plan and its licensors.
4.5. Plan may provide updates or releases to the Platforms and may change elements of the service environment provided core functionality is not materially degraded. Access to updated releases remains subject to this EULA and the same scope and restrictions as the original grant for the term.
4.6. The restrictions in this clause continue to apply after expiry or termination to the extent they relate to protection of intellectual property, confidentiality of information accessed through the Platforms, and enforcement of the non-transfer and no-sublicence commitments.
5. Customer responsibility
5.1. The Customer is responsible for all access to and use of the Platforms made by or on behalf of the Customer, including by its employees, contractors, or other individuals acting on its behalf. Such access is deemed the Customer’s own use, and the Customer remains liable for their acts and omissions as if they were its own.
5.2. The Customer will keep all credentials, multi-factor authentication devices secure; will implement least-privilege access; and will promptly revoke access when personnel change role or leave. The Customer will prevent unauthorised access or disclosure of information in the Platforms and will not share credentials, reuse them across services, circumvent technical controls, or allow generic or shared logins except where technically enforced service accounts are expressly permitted by Plan.
5.3. The Customer will notify Plan promptly and without undue delay upon becoming aware of any actual or suspected unauthorised access to the Platforms, compromise of credentials, or other security incident affecting the Platforms. The Customer will reasonably cooperate with Plan’s investigation and remediation efforts, including by preserving relevant logs and providing information necessary to assess impact and restore secure operations.
5.4. The Customer will provide reasonable assistance, information and access necessary for Plan to deliver the Platforms, including participation in remote diagnostics where required.
5.5. The Customer will comply with any fair-use thresholds, rate limits or other usage parameters communicated by Plan from time to time. Plan may implement reasonable technical measures to enforce such parameters and protect service stability; the Customer will not attempt to bypass those measures.
5.6. The Customer acknowledges that first-line support for matters arising from use of the Platforms in connection with Mobile Services is provided by the Partner, and will route operational tickets accordingly. This does not prevent Plan from contacting the Customer directly where necessary for security, availability or compliance reasons.
5.7. If the Customer’s breach of this clause 5 causes Plan to incur verifiable third-party costs or remedial expenses, the Customer will reimburse those reasonable costs to the extent attributable to the Customer’s breach, without prejudice to Plan’s other remedies under this EULA.
6. Use restrictions
6.1. The Customer will use the Platforms solely for lawful purposes. The Platforms may not be used to infringe, misappropriate or otherwise violate any intellectual-property, privacy or other proprietary right; to breach a duty of confidentiality; to defame or harass; to store or transmit unlawful content; or to contravene any export-control, sanctions, data-protection, competition or consumer-protection law.
6.2. The Customer must not introduce, upload, transmit or propagate any virus, worm, Trojan horse, malware, ransomware, time bomb or other malicious or technologically harmful code through or to the Platforms; must not probe, scan or test the vulnerability of the Platforms or any related network; and must not interfere with, circumvent, disable or disrupt any authentication, encryption, security or access-control mechanism implemented by Plan.
6.3. The Customer must not use any automated system, including robots, spiders, scraper tools, data-mining tools or offline readers, that accesses the Platforms in a manner that sends more request messages to Plan’s servers than a human can reasonably produce in the same period by using a conventional on-line web browser. The Customer must not engage in stress testing, penetration testing, load testing or benchmarking of the Platforms, nor may it facilitate artificially inflated traffic or any activity that materially degrades service performance for other customers.
6.4. The Customer must not access or use the Platforms from, or for the benefit of, any jurisdiction, entity or individual that is the subject of comprehensive trade or financial sanctions, nor may the Customer transfer or allow the transfer of any controlled technology, technical data or software in breach of applicable export-control laws.
6.5. Plan may monitor the Customer’s use of the Platforms to verify compliance with this EULA. If Plan reasonably believes that a breach of this clause 6 has occurred or is likely to occur, Plan may, without liability, suspend or restrict the Customer’s access (in whole or in part) until the breach is remedied, and may require the Customer to provide a remediation plan acceptable to Plan as a condition of reinstating full access.
6.6. Customer must only use the Platforms for internal use by its business, and Customer agrees not to use the Platform or related documents for any resale purposes.
7. Availability, maintenance and suspension
7.1. Plan shall use commercially reasonable endeavours to keep the Platforms secure and available on a 24-hour basis throughout the term. Nothing in this EULA constitutes a guarantee of uninterrupted service or creates a service-level commitment unless such commitment is expressly set out in a separate service level schedule.
7.2. Plan may improve, upgrade, test, repair or maintain the Platforms, including the underlying Systems and infrastructure. Planned maintenance will, where practicable, be carried out outside core business hours.
7.3. Plan may introduce new features, retire obsolete features, change user interfaces or alter technical prerequisites, provided core functionality is not materially degraded. Where a change materially affects existing integrations or customer workflows, Plan will where feasible, maintain backwards-compatibility for a transition period.
7.4. Plan may, in its sole but reasonable discretion, suspend or throttle the Customer’s access (in whole or in part) without liability or prejudice to its other rights where:
- (a) the Customer, through act or omission, breaches this EULA or any Plan Policy;
- (b) use of the Platforms threatens the security, integrity or availability of the Platforms, Plan’s network or any third-party system, or generates artificially inflated traffic;
- (c) Plan is required to do so by law, court order, governmental or regulatory directive;
- (d) Plan is entitled to suspend its obligations to the Partner because of the Partner’s material breach of the Partner’s obligations to Plan, including non-payment that jeopardises Platform resources; or
- (e) an emergency, force-majeure event or other situation beyond Plan’s reasonable control makes suspension prudent to protect service continuity.
7.5. Where suspension is imposed under clause 7.4, Plan will give prior notice where practicable. If prior notice is not feasible, Plan will notify the Partner and (where appropriate) the Customer as soon as reasonably practicable after the suspension begins and will describe the reason, the scope of the suspension and (if determinable) the conditions for reinstatement. The Customer shall cooperate promptly and in good faith to remedy the cause of the suspension.
7.6. Plan will restore suspended access once the underlying issue has been remedied to Plan’s reasonable satisfaction and any required safeguards are in place. Restoration may be conditional on the Customer’s written confirmation of remedial steps or the provision of a remediation plan acceptable to Plan.
7.7. Suspension under this clause does not relieve the Customer of its obligations under this EULA or under its commercial arrangement with the Partner. Plan shall not be liable for unavailability, loss or corruption of data, or any indirect or consequential loss arising from a suspension or maintenance period carried out in accordance with this clause, except to the extent liability may not be limited by law.
8. Support and contact
8.1. The Customer acknowledges that all frontline enquiries, troubleshooting and day-to-day assistance for the Mobile Services, including any issue that manifests through, or is administered in, the Platforms, are delivered by the Partner under its wholesale mandate.
8.2. Save where Plan expressly agrees in writing to provide a higher support tier to the Customer, nothing in this EULA creates an obligation for Plan to supply direct assistance, incident response or service credits to the Customer. Any approach by the Customer to Plan for support may be redirected to the Partner; Plan will, however, engage directly with the Customer if contact is necessary to protect service security or to comply with law.
8.3. If the Partner escalates a Platform defect, a security incident or a service degradation that materially affects the Customer’s ability to administer its Mobile Services, Plan will cooperate with the Partner in good faith to diagnose and remediate the issue. Where Plan detects a critical security matter that places Customer data or service integrity at risk, Plan reserves the right to notify the Customer directly and to require the Customer’s cooperation in containment and remediation.
8.4. The Customer will supply logs, screenshots, configuration details and any other reasonably requested information to enable the Partner (and, where escalated, Plan) to investigate and resolve incidents. Failure to provide timely cooperation may delay resolution and excuse Plan from any corresponding service commitments set out elsewhere.
9. Intellectual property
9.1. All patents, copyright, database rights, design rights, trademarks, trade secrets and other intellectual-property rights subsisting in or relating to the Platforms, the underlying Systems, the Documentation and any ancillary materials (collectively, the “Plan Materials”) are and shall remain vested in Plan or its third-party licensors. The Customer acquires no ownership in the Plan Materials and is granted only the limited, revocable licence expressly conferred in clause 4.
9.2. Except for the licence in clause 4, all rights in and to the Plan Materials are reserved to Plan. No licence or right shall arise by implication, estoppel or otherwise. In particular, the Customer may not copy, adapt, translate, publish, disclose, distribute, display, sell, sublicense, commercialise or otherwise exploit any part of the Plan Materials unless Plan has provided prior written consent.
9.3. “Plan”, “my.plan”, Plan’s logos and any other marks used within the Platforms are trademarks or registered trademarks of Plan or its affiliates. The Customer shall not remove, alter or obscure any proprietary notices displayed on or within the Platforms, nor shall it use Plan’s names, logos or marks without Plan’s prior written consent, except as strictly necessary to identify the Platforms in ordinary internal business communication.
9.4. Termination or expiry of this EULA shall not affect Plan’s ownership of, or rights in, the Plan Materials. Upon termination, the Customer shall cease all use of the Plan Materials, delete any locally stored copies within its control and, on request, certify in writing that it has done so, save to the extent retention is required by Applicable Law or agreed in writing for audit, regulatory or evidentiary purposes.
10. Data protection
10.1. For the purposes of this clause, the terms Personal Data, Controller, Processor, Sub-processor, Data Subject and Processing bear the meanings given to them in the UK GDPR and, where applicable, the EU GDPR (together, the “Data Protection Laws”), and those laws govern all Personal-Data Processing carried out under this EULA. The Partner is the Data Controller for personal data processed via the Platforms, and Plan acts solely as the Partner’s Processor, following documented instructions.
10.2. When Customer Data such as subscriber numbers, usage records and billing references is entered into the Platforms in connection with the Mobile Services, the Partner remains the Controller of that data, and Plan acts strictly as Processor, following the documented instructions presented in the Platforms or otherwise issued through the Partner framework. Plan shall not process Customer Data for any independent purposes.
10.3. The Partner may retain third-party providers (e.g., Tekton Billing) for billing functionality, acting as Sub-processors under the Partner’s control. Plan is not liable for their compliance.
10.4. Plan and any Sub-processors shall process Customer Data only to provision, secure, support and improve the Platforms and the underlying billing platform, to generate usage reports and invoices requested by the Partner or the Customer, and to comply with legal or regulatory obligations that apply to wholesale mobile communications, all on the Partner’s instructions.
10.5. For emergency services compliance, the Partner instructs Plan to provide caller location data to emergency services or authorities upon lawful request, on the Partner’s behalf. Customers acknowledge that such data may be shared as required by law, and details are in the Partner’s Privacy Policy.
10.6. Plan shall maintain appropriate technical and organisational measures to safeguard Customer Data. Plan shall notify the Partner without undue delay of any Personal-Data breach and cooperate in investigations/notifications.
10.7. Customer Data will be processed and stored in the United Kingdom, the Isle of Man or the European Economic Area. Transfers outside will use appropriate safeguards.
10.8. If Plan receives a Data Subject request relating to Customer Data, Plan shall forward it promptly to the Partner and provide reasonable assistance.
10.9. Upon termination or on request, Plan shall delete or return Customer Data, save for legal retention requirements.
10.10. The Customer warrants that it has a lawful basis for supplying Customer Data to the Platforms and has provided necessary notices/consents. For details on how your data is collected, used, shared and protected please refer to the Partner’s Privacy Policy.
11. Confidentiality
11.1. For the purposes of this EULA, Confidential Information means any information disclosed, made available or accessible via the Platforms that is marked or identified as confidential, or that by its nature ought reasonably to be understood to be confidential. Confidential Information includes, without limitation: service configurations, traffic statistics, usage records (including call-detail records), security credentials, pricing matrices, tariff tables, software (including object and source code), technical roadmaps, business plans, subscriber/end-user data, and any other proprietary materials relating to the Platforms, the Mobile Services, or the wholesale commercial relationship. Confidential Information may originate from Plan, the Partner, or the Customer.
11.2. Confidential Information does not include information that the Customer can demonstrate: (a) is or becomes publicly available through no breach of this EULA; (b) was lawfully known to the Customer without confidentiality restriction before access via the Platforms; (c) is independently developed by the Customer without use of or reference to Confidential Information; or (d) is rightfully received from a third party without confidentiality restriction.
11.3. Confidential Information remains at all times the property of its originator (Plan, the Partner or the Customer, as applicable). No intellectual-property rights in Confidential Information are transferred or licensed to the Customer except as expressly stated in this EULA
11.4. The Customer shall:
- (a) treat Confidential Information with at least the same degree of care it uses for its own information of similar sensitivity and, in any event, not less than a reasonable degree of care;
- (b) use Confidential Information solely for the Customer’s lawful internal purpose of administering and receiving the Mobile Services in accordance with this EULA and the Customer’s contract with the Partner;
- (c) not disclose Confidential Information to any person except as permitted by clause 11.5;
- (d) not copy, extract, scrape, bulk-export or otherwise remove Confidential Information from the Platforms except through features expressly provided by Plan for that purpose;
- (e) not remove proprietary notices from Confidential Information; and
- (f) ensure its Users, employees, contractors and other representatives comply with this clause 11.
11.5. The Customer may disclose Confidential Information:
- (a) to its and its Affiliates’ employees, officers, professional advisers and subcontractors who have a strict need-to-know for the purpose in clause 11.4(b) and are bound by confidentiality obligations no less protective than this clause 11;
- (b) to the Partner to the extent reasonably necessary to administer the Customer’s services under the Partner–Customer contract; and
- (c) as required by law, regulation, court or regulatory authority, provided that (where lawful) the Customer gives prompt written notice to Plan (and, if applicable, to the Partner) and takes reasonable steps to seek confidential treatment.
11.6. The Customer shall implement and maintain appropriate technical and organisational measures to protect Confidential Information against unauthorised or unlawful processing, access, disclosure, alteration or destruction. The Customer shall promptly notify Plan upon becoming aware of any unauthorised access to or disclosure of Confidential Information accessed via the Platforms and shall cooperate with Plan and (where relevant) the Partner to mitigate and remediate the incident.
11.7. Upon written request by Plan, or upon termination or expiry of this EULA, the Customer shall cease all use of, and promptly return or securely delete, Confidential Information (and certify deletion if requested), except to the limited extent retention is required by law or bona fide back-up/archival systems (in which case clause 11 continues to apply until deletion.
11.8. The obligations in this clause 11 apply for the term of this EULA and for five (5) years thereafter; however, for Confidential Information that constitutes a trade secret under applicable law, the obligations continue for so long as such information remains a trade secret.
11.9. To the extent Confidential Information includes Personal Data, the parties’ rights and obligations are as set out in the data-protection provisions of this EULA and applicable data-protection laws. If there is a conflict between this clause 11 and the data-protection provisions in relation to Personal Data, the data-protection provisions prevail.
11.10. The Customer acknowledges that unauthorised use or disclosure of Confidential Information may cause irreparable harm to Plan and/or the Partner, for which monetary damages may be an inadequate remedy. Plan and/or the Partner shall be entitled to seek injunctive and other equitable relief in addition to any other remedies available at law or in equity.
12. Warranties and disclaimers
12.1. Plan will provide access to the Platforms with reasonable skill and care consistent with its obligations under this EULA.
12.2. The Platforms and any content made available through them are provided on an “as is” and “as available” basis. Plan does not warrant that the Platforms (or any feature or content) will be uninterrupted, error-free, timely, secure, or compatible with any particular device, browser or configuration, or that defects will be corrected.
12.3. Access and performance may be affected by factors outside Plan’s reasonable control, including (without limitation) network coverage and availability, radio interference, spectrum constraints, internet congestion, outages of third-party networks or services, power failures, maintenance windows, regulatory or law-enforcement requirements, and emergency/priority access obligations.
12.4. Information in the Platforms (including usage, spend, traffic and call-detail records) may be derived from third-party systems and subject to reconciliation, delays or corrections. Such information is provided for convenience and administration of the Mobile Services; where applicable, the Partner’s billing documents/records prevail over any inconsistent Platform display.
12.5. Third-party components, integrations and any pre-release, preview, pilot or beta features are provided without warranty of any kind and may be modified, suspended or withdrawn at any time.
12.6. To the fullest extent permitted by law, all terms, warranties and conditions implied by statute, common law or otherwise (including, without limitation, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy and quiet enjoyment) are excluded.
12.7. Nothing in this EULA excludes or limits any warranty, condition or right that cannot lawfully be excluded or limited. Any warranties that cannot be excluded are limited to the shortest period and narrowest scope permitted by law.
13. Liability
13.1. Nothing in this EULA limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, wilful default, or any other liability that cannot lawfully be limited or excluded.
13.2. Subject to clause 13.1, as there is no direct contractual relationship between Plan and the Customer, Plan has no direct liability to the Customer. Any claims arising from the Platforms must be directed to the Partner.
13.3. Subject to clause 13.1, Plan will not be liable for: loss of profits, revenue, business, contracts, goodwill, anticipated savings, production, data (including loss or corruption of data), or for any indirect, special or consequential loss or damage, in each case however arising.
13.4. Subject to clause 13.1, Plan is not liable for any failure or delay to the extent caused by: (a) the acts or omissions of the Partner, the Customer, Users, or other third parties; (b) outages or performance of third-party networks, the public internet or utilities; or (c) events outside Plan’s reasonable control.
13.5. Subject to clause 13.1, Plan is not liable for losses arising from the Customer’s configuration choices, instructions submitted via the Platforms, failure to maintain appropriate access controls, or unauthorised use of credentials by the Customer’s personnel or contractors.
14. Amendments to the EULA
14.1. Plan may update this EULA from time to time to reflect operational needs, legal or regulatory requirements, security considerations, or improvements to the Platforms.
14.2. Plan will post the updated EULA in the Platforms with its effective date.
14.3. Continued use of the Platforms on or after the effective date constitutes acceptance of the updated EULA. If the Customer does not agree, it must stop using the Platforms (and may coordinate with the Partner for any alternative administration channels).
14.4. The version of this EULA posted in the Platforms is the current and governing version. To the extent of any conflict between a prior version and the posted version, the posted version prevails from its effective date.
14.5. Plan may publish feature-specific or service-specific terms or policies in the Platforms. Such terms may be updated as above and apply from their stated effective date; if they conflict with this EULA, this EULA prevails unless the supplemental terms expressly state otherwise.
15. Term, termination and effect of termination
15.1. This EULA starts on the Customer’s acceptance and continues for so long as the Customer has authorised access to the Platforms.
15.2. Plan may terminate this EULA for a material breach that is not remedied within thirty (30) days after written notice describing the breach (or, if the breach is incapable of remedy, with immediate effect).
15.3. Plan may suspend or terminate access to the Platforms with immediate effect (and without liability) where Plan reasonably determines that:
- (a) continued access presents a security, integrity or confidentiality risk, or involves actual or suspected misuse, fraud or unlawful activity;
- (b) the Customer violates acceptable-use, access-control or credential requirements, attempts to circumvent technical controls, or interferes with the Platforms;
- (c) required by law, regulation, a court/regulatory order, or for safety/abuse-prevention reasons;
- (d) the Partner instructs Plan to disable access, the Customer’s contract with the Partner terminates or expires, or the Plan–Partner agreement terminates or is suspended such that Platform access can no longer be lawfully or operationally provided; or
- (e) the Customer has repeatedly breached this EULA after prior warnings.
Where practicable, Plan will provide notice of the suspension or termination.
15.4. On termination or expiry of this EULA for any reason:
- (a) the Customer must immediately cease all access to and use of the Platforms, and Plan may disable or revoke credentials;
- (b) the Customer shall return or securely delete Confidential Information in accordance with clause 11.7;
- (c) any rights to access or export information from the Platforms cease, save as required by law or as otherwise provided under the Customer’s contract with the Partner; and
- (d) accrued rights and liabilities as at termination are unaffected.
15.5. Any provisions that by their nature are intended to survive termination will continue in force, including without limitation confidentiality (clause 11), intellectual property, warranties and disclaimers (clause 12), liability (clause 13), governing law and jurisdiction, and this clause 15.
16. Third-party rights
16.1. No third party has any right to enforce any term of this EULA under the Contracts (Rights of Third Parties) Act 1999.
17. Governing law and jurisdiction
17.1. This EULA and any non-contractual obligations arising out of or in connection with it are governed by English law.
17.2. The English courts have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with this EULA, its subject matter or formation.