LifeCourse End-User Licence Agreement
Revision: 6 July 2015
pinch medical systems, ltd. (c) 2015
This agreement shall come into effect on the date you confirm your agreement to this EULA.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONFIRMING YOU AGREE TO ITS TERMS.
PLEASE NOTE - THIS APP DOES NOT IN ANY WAY CONSTITUTE A MEDICAL OPINION OR RECOMMENDATION AND MUST NOT BE CONSIDERED AS A DIAGNOSTIC OR THERAPEUTIC TOOL.
PLEASE NOTE - BY AGREEING TO THIS EULA YOU AGREE TO ALLOW US TO PROCESS PERSONAL DATA (such as your contact information, patient demographics such as date of birth and gender or wellbeing and activity data such as routine activities and medications taken) RELATING TO YOU
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Pinch Medical Systems Limited (company no. 08143548) of 54 Welbeck Street, London, W1G 9XS (Licensor, us or we) for: the LifeCourse service and associated mobile application software (the “Apps”) (collectively the “Services”); and any online documents as may be provided from time to time (the “Documents”). We licence use of the Services and Documents to you on the basis of this EULA and subject to any rules or policies applied by any app store provider (the “App Store”) or operator from whose site the End-user downloaded the Apps (the “App Store Rules”). We do not sell the Apps or Documents to you. We remain the owners of the Services and Documents at all times.
Operating system requirements: These Services require a modern smartphone or tablet device running iOS or Android.
Where possible, you should print a copy of this EULA for future reference.
1.1 The terms of this EULA apply to the Services, including any updates or supplements to the Services. If any open-source software is included in the Services, the terms of an open-source licence may override some of the terms of this EULA.
1.2 From time to time updates to the Apps may be issued through the App Store. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the Apps and accepted any new terms.
1.3 You will be assumed to have obtained permission from the owners of the smartphones or mobile devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Services on or in relation to any Device, whether or not it is owned by you.
1.5 By using the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.6 The Services will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings relating to the App from the interface of your Devices.
1.7 The Services may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.8 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
1.9 All data created and kept in the Services may be kept both your physical device and on our servers as part of the LifeCourse cloud server. All LifeCourse cloud data will be located in servers in the UK. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
2. GRANT AND SCOPE OF LICENCE
2.2 You may:
- (a) download a copy of the Apps onto the Devices and to view, use and display the Apps on the Devices for your personal purposes only; and
- (b) use the Documents for your personal purposes only,
for a period of 30 days (Trial Period) from the day you agree to the terms of this EULA. After the Trial Period this EULA will lapse unless you agree to pay a fee as varied from time to time.
3. LICENCE RESTRICTIONS
3.1 Except as expressly set out in this EULA or as permitted by any local law, you agree:
- (a) not to copy the Services or Documents except where such copying is incidental to normal use of the Services, or where it is necessary for the purpose of back-up or operational security;
- (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Services or Documents;
- (c) not to make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of it to be combined with, or become incorporated in, any other programs;
- (d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Services with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the Services with another software program; (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the Services;
- (e) to keep all copies of the Services secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Services;
- (f) to include our copyright notice on all entire and partial copies you make of the Services on any medium;
- (g) not to provide or otherwise make available the Services in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- (h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Services (Technology), together Licence Restrictions.
4. ACCEPTABLE USE RESTRICTIONS
4.1 You must:
- (a) not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services or any operating system;
- (b) not infringe our intellectual property rights or those of any third party in relation to your use of the Services (to the extent that such use is not licensed by this EULA);
- (c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services;
- (d) not use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- (e) not collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all intellectual property rights in the Services, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the Services are licensed (not sold) to you, and that you have no rights in, or to, the Services, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the Services in source-code form.
6. LIMITED WARRANTY
6.1 We warrant that the Apps will, when properly used and on an operating system for which it was designed, perform substantially as advertised on our website for a period of seven days from the date on which the App is downloaded or streamed to the Devices (Warranty Period).
6.2 If within the Warranty Period you notify us in writing of any defect or fault in the Services as a result of which it fails to perform substantially as advertised on our website, you will be entitled to a refund of any fee paid to us in connection with the defective or faulty Services.
6.3 The warranty does not apply:
- (a) if the defect or fault in the Services results from you having amended the Services;
- (b) if the defect or fault in the Services results from you having used the Services in contravention of the terms of this EULA; and
- (c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
6.4 This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7. LIMITATION OF LIABILITY
7.1 Use of the Services is by no means a substitute for a consultation with a physician, who is the only person qualified to establish a diagnosis and provide the appropriate recommendations for your health condition. The Services does not in any way constitute a medical opinion or recommendation, and must not be considered as a diagnostic or therapeutic tool.
7.2 You acknowledge that the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Services as described in the Documents meet your requirements.
7.3 We only supply the Services and Documents for domestic and private use. You agree not to use the Services and Documents for any commercial, business or resale purposes without our prior written approval, and in any event, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.4 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 7.5, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
7.5 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a refund of any fee you pay us for use of the Services. This does not apply to the types of loss set out in condition 7.6.
7.6 Nothing in this EULA shall limit or exclude our liability for:
- (a) death or personal injury resulting from our negligence;
- (b) fraud or fraudulent misrepresentation; and
- (c) any other liability that cannot be excluded or limited by English law.
8.1 We may terminate this EULA immediately by written notice to you:
- (a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
- (b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
- (c) if you fail to pay any fees due.
8.2 On termination for any reason:
- (a) all rights granted to you under this EULA shall cease;
- (b) you must immediately cease all activities authorised by this EULA, including your use of the Services;
- (c) you must immediately delete or remove the Services from all Devices, and immediately destroy all copies of the Services and Documents then in your possession, custody or control and certify to us that you have done so; and
- (d) we reserve the right to retain your data, for a period of 3 months starting with termination, after which we will destroy all of your data within our possession, custody or control.
9. COMMUNICATION BETWEEN US
9.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to Pinch Medical Systems at the following e-mail address: firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
9.2 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your request for the App.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- (a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- (b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
11. OTHER IMPORTANT TERMS
11.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
11.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing (including by e-mail).
11.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
This agreement shall come into effect on the date you confirm your agreement to this EULA.