CorLife App End User Licence Agreement (EULA)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BY CLICKING ON THE “AGREE & CONTINUE” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
Who we are and what this End User Licence Agreement does
We, CorLife Ltd, whose registered office is at Hillier Hopkins, 51 Clarendon Road, Watford, England, WD17 1HP, grant you a limited licence to install, use and ultimately uninstall:
each as permitted by these terms and conditions. The licence granted to you is non-exclusive, which means that we will grant any number of licences to other people for them to use the App, Services and Documentation, on terms and conditions of our choosing.
Reference to “you” in these terms and conditions is to any person who downloads the App. You are only permitted to download the App if your employer has an agreement with us (the “Retainer”). Having downloaded the App, you are only permitted to use the App and the Services for as long as your employer’s agreement with us is in force. Your licence to use the App and Services is subject to these terms and conditions.
Under data protection legislation we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, our legal bases for using your personal data, and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice which you can find in the App, and it is important that you read that information.
Please be aware that internet transmissions and mobile devices are never completely private or secure. Any message or information you send or otherwise process using the App or any Services may be read or intercepted by others, even if a particular transmission or item of information is encrypted.
Apple’s terms may also apply
If you acquire the App via Apple’s App Store, your use of the App and the Services are also controlled by:
- Apple’s App Store terms and conditions which can be viewed at https://www.apple.com/legal/internet-services/itunes/uk/terms.html; and
- https://www.apple.com/legal/internet-services/itunes/testflight/gb/terms.html, which apply if you beta-test the beta version of the App.
Where these terms and conditions and Apple’s terms and conditions conflict with each other, as between you and us these terms and conditions will govern. As between you and Apple, if you do not comply with Apple’s terms and conditions, it may result in your being unable to use the App and Services. It is a condition of this EULA that you comply with Apple’s terms and conditions.
For the purposes of Apple’s App Store terms and conditions, the App is a “Third Party App”, and this End User Licence Agreement is a “Custom EULA” and the Standard EULA shall not apply.
By virtue of you using an Apple device and the App Store, and using the App, Apple may be acquiring and using your personal data. Contact Apple for its Privacy Notice which should tell you about its use of your personal data.
Google’s terms may also apply
If you acquire the App via Google Play, your use of the App and the Services are also controlled by:
- The Google Play terms and conditions which can be viewed at https://play.google.com/intl/en-GB_uk/about/play-terms.html; and
- The Google Terms of Service which can be viewed at https://policies.google.com/terms?hl=en&gl=uk .
Where these terms and conditions and Google’s terms and conditions conflict with each other, as between you and us these terms and conditions will govern. As between you and Google, if you do not comply with Google’s terms and conditions, it may result in your being unable to use the App and Services. It is a condition of this EULA that you comply with Google’s terms and conditions.
For the purposes of the Google Play terms and conditions, this End User Licence Agreement is the “additional terms and conditions of the end user licence agreement between you and the Provider”.
By virtue of you using an Android device and Google Play, and using the App, Google may be acquiring and using your personal data. Google’s main Privacy Notice can be found at https://policies.google.com/privacy?hl=en-GB&gl=uk.
Operating system requirements
The App Store version of the App requires a compatible Apple mobile device, and the Google Play version of the App requires a compatible Android device. In each case, the device must meet the minimum memory and operating system requirements that we set, and you must have (as applicable) an Apple ID or Google account. You can get an indication of whether or not your mobile device is compatible by checking the App’s page in the App Store or Google Play (as applicable), where you can also choose to view more detailed information about previous versions and updates to the App. To fully utilise the App and Services, including the interactive functions, your device must have Internet access.
Setting up the App
Before you will be able to use the App and the Services you will need a user account within the App, and we will obtain your name, date of birth and email address from your employer to establish the user account (and a one-time password link for your first log-in) for you. You will be solely responsible for keeping your log-in details confidential.
Support for the App and how to tell us about problems
Support with using the App or Services If you want to learn more about the App or the Services or have any problems using them please take a look at the Documentation. If you have any problem that you cannot resolve using the Documentation, you can contact us at email@example.com and we will respond. If we provide any training about using the App or Services, we will do so via your employer, under the Retainer, not under these terms and conditions.
Contacting us (including with complaints) If you think the App, Documentation or the Services are faulty or misdescribed or wish to contact us for any other reason please contact us at firstname.lastname@example.org
Technical support The App, Documentation and Services may not be free from errors, defects or other faults (“Faults”). We provide technical support solely by publishing updates to the App, Documentation and Services, which you can then use to update or re-install the App. You can report Faults by contacting us (as above). We will choose whether to investigate and seek to resolve Faults, and the timescales for publishing updates. You must answer our questions, if we contact you, as this will help us to diagnose the Fault(s) that you report to us.
How we will communicate with you If we have to contact you we will do so using any of the contact details you provide to us via the App or your employer, such as by email, SMS, phone, private messaging within the App, or by pre-paid post.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms and conditions you may:
To accept these terms and conditions and use the App, Documentation and the Services, you must be 18 years of age or older, and you must be an employee of an organisation that we have a Retainer with. Additionally, you may not access or use the App, Documentation or the Services if you are barred from receiving services by Apple or Google (as applicable) or under applicable law, or have previously been suspended or removed from using the App, Documentation or the Services.
Your ability to continue to use the App, Documentation and the Services is conditional on your employer’s continued subscription under the Retainer. We have agreed with your employer to provide the App and the Service for a fixed period. If your employer decides not to renew its Retainer once that fixed period has expired, you will no longer be permitted or able to use the App, Documentation or the Services and we will no longer provide any associated support or maintenance services.
Consult your doctor before using the App and the Service
The App and the Services are not intended to diagnose, treat, or cure any disease. If you have a serious medical condition, consult your doctor before using the App or the Services, engaging in an exercise programme, or changing your diet. If you experience a medical emergency, stop using the App and the Services and consult with a medical professional. The App is not a replacement for management of medical conditions, and neither we nor the App replace or take over any component of your medical care. All your medical conditions should be managed through your usual primary care physician.
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service, and the Documentation, as set out above. You may not in any way transfer the App or the Service or the Documentation (or your rights under these terms and conditions) to someone else, or share the App or Services or Documentation with anyone else, whether for money, for anything else or for free. If any device on which the App is installed is sold or ceases to be controlled by you or your employer, you must ensure the App is removed from the device.
Changes to these terms
We may need to change these terms and conditions to reflect changes in law or best practice or to deal with additional features that we introduce.
We will notify you of any change by making available an update to the App. You will receive the notification when you next start the App after updating it.
If you do not accept the notified changes you are not permitted to continue to use the App and the Services. By continuing to use the App and the Service following a notification that our terms and conditions have changed will constitute your acceptance of our new terms and conditions.
Update to the App and changes to the Service
From time to time we may automatically update the App and change the Services to take account of changes to the operating system or in an effort to address security issues, improve performance or enhance functionality. Alternatively, we may ask you to update the App for these reasons.
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 App, Documentation, and the Services.
Permission from your employer
The licence granted to you in these terms and conditions permits you to download the App onto a phone or other mobile device that is owned or hired by your employer, or that your employer otherwise permits you to use for work purposes (for example, under a “Bring Your Own Device” policy) or specifically for the purposes of the App and the Services. You must have your employer’s permission to download and use the App. You will be responsible for complying with these terms, whether or not you own the phone or other device that the App is installed on.
We may collect technical data about your device
By using the App, Documentation, or any of the Services, you agree to us collecting and using technical information about the devices you use the App on, and related software, hardware and peripherals. See our Privacy Notice (which you can find in the App) for details about what information we collect and how we use and share it.
We may collect location data, but you can turn location services off
Certain Services will make use of location data sent from your devices. You can turn off this functionality and stop us collecting location data at any time by adjusting the location services settings on the device that the App is installed on (and devices that you link with it). If you use the location-based Services, see our Privacy Notice (which you can find in the App) for details about how we use and share your location data.
We are not responsible for other services or websites you link to
The App, Documentation or any Services may contain links to other independent sources, services or websites (“External Services”) which are not provided by us. You will know this is happening because we will name and acknowledge the third party source or service in the App). Such independent sources, services and websites are not under our control, and we are not responsible or liable for and have not checked and approved their content or accuracy, or their privacy notices (if any).
You will need to make your own independent judgement about whether to use any such External Services.
We may at any time alter, suspend, disable, remove, or establish any restrictions or limits on any External Services, without telling you beforehand.
You agree that you will:
Acceptable use restrictions
We are not responsible or liable if you use the App, Documentation or Services so as to break any of the above restrictions or causes damage or loss to yourself or any other person.
You must comply with our rules when you submit your own content
If you choose to you can submit certain content of your own via the App. Your content (“your content”) can include data collected by devices that measure your activity levels or weight, your profile (including your photo) and information about goals that you accept within the App so you can tell other users of the App about yourself, and messages to other users. See our Privacy Notice (which you can find in the App) for details about how we use and share your content and anonymised personal data. You must not use the App or Services:
We are not responsible or liable to you if your content breaks any of the above rules, or causes damage or loss to you or any other person. If you see content from any other user that breaks any of the above rules, please use the Object to content feature in the App, We are not responsible for monitoring or moderating your content (or content from any other user), but we reserve the right to edit or remove your content as we see fit, including in response to another user raising an objection with us.
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App, Documentation and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
By using the App you grant us a royalty-free licence to use your content, throughout the world, for the duration of your intellectual property rights, for the purposes of the App and the Services and our business. Where your content is personal data, we will use it in personal data form in accordance with your App settings, but we may also convert your content so that it does not identify you and cannot be used to identify you, and use it for any of our business purposes, including marketing. See our Privacy Notice (which you can find in the App) for details about how we use and share your content and anonymised personal data.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms and conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms and conditions, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property If the App damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, you should maintain and back up your devices regularly, and we will not be liable for damage that you could have avoided by backing up or updating your device, or for damage that was caused by you failing to correctly follow instructions given by us or the providers of your device and other software installed on it, such as meeting the operating system requirements for the App and other software on your device.
We are not liable for business losses The App, Documentation and Services are for private use. You may not use the App, Documentation or Services for any commercial, business or resale purpose. We will have no liability to you for any loss of income, loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App, Documentation and Services The App, Documentation and Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice (including, where appropriate, your doctor) before taking, or refraining from, any action on the basis of information obtained from the App, Documentation or the Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date, and we have no responsibility or liability for the External Services.
Limited remedies for Faults Your use of the App, Documentation and Services may not be uninterrupted or free from Faults or other problems, including loss of connectivity, hardware or firmware faults, attack, viruses, interference, hacking or other intrusion targeted at or affecting the App, your devices or other software or services that operate on your devices. Your remedies for Faults and other problems with the App, Documentation and Services are solely as described above in the section “Support for the App and how to tell us about problems”. Your remedies under these terms and conditions are for the App, not your devices or other software or services that operate on your devices.
Please back-up content and data used with the App We recommend that you regularly back up any content and data on your device, including that used in connection with the App, Documentation and Services, to protect yourself in case of problems with the App or the Services. We will not be liable for loss, corruption or other damage to data that you could have avoided by backing up your content and data.
Check that the App and the Services are suitable for you The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described in the Documentation) meet your requirements.
We are not liable to you if you break these terms and conditions We and our group companies, our licensors and their group companies, and our and their respective directors, officers, employees, workers, contractors, suppliers and agents will not be liable for any loss or damage (or anything else) to the extent that it results from you breaking these terms and conditions, or where we are not in breach of these terms and conditions or a duty of care owed by us to you under English law.
We are not responsible for events outside our control If our provision of the App, Documentation or Services, or support for the App or the Services, is significantly delayed by any events outside our control then we will inform your employer (if and as required by the Retainer), and your employer let you know. We will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the events.
Your rights to use the App, Documentation and Services will end
Your right to use the App, Documentation and Services will end automatically in the following circumstances:
- if you cease to be employed by the organisation with which we have the Retainer;
- if and when the Retainer between us and your employer ends.
We may end your rights to use the App, Documentation and the Services if you break these terms
We may end your rights to use the App, Documentation and Services at any time if you have broken any of these terms and conditions. If what you have done can be put right we will contact you and give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
We may transfer this End User Licence Agreement to someone else
We may transfer our rights and obligations under these terms and conditions to another organisation. We will tell your employer in writing if this happens, and we will ensure that the transfer will not affect your rights under the contract.
You may not transfer your rights to someone else
Your licence to use the App is personal to you. You may not sub-licence, assign, transfer or otherwise share your rights or your obligations under these terms to another person unless we give you and your employer our approval, in writing, in advance. Normally we will not give such approval.
No rights for third parties
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, with one exception. The exception is that, in accordance with Apple’s terms and conditions, Apple may have the right to enforce these terms and conditions against you itself, whether or not we choose to enforce them.
If a court finds part of the contract formed on these terms and conditions is illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing the contract formed on these terms and conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms and conditions, the contract that is formed on them and their subject matter are governed by English law and you can bring legal proceedings in respect of them in the courts of England and Wales. If you live in Scotland you or we can bring such legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you or we can bring such legal proceedings in either the Northern Irish or the English courts. If you live outside England and Wales, Scotland and Northern Ireland, the forum where you and we may bring legal proceedings will be the courts of England and Wales unless international law provides otherwise. We will typically choose to bring or defend legal proceedings in the English courts, but we are not limited to doing so, and reserve the right to choose the courts of another nation or legal jurisdiction.