Terms and Conditions
Last updated: July 2015
1. INFORMATION ABOUT US
The Service is provided by uMotif Limited (“uMotif”, “us” or “we”). We are registered in England and Wales under company number 07993440 and have our registered office at 12 New Fetter Lane, London, EC4A 1JP. The term 'you' refers to the user or viewer of the Service.
2. INFORMATION ABOUT THE SERVICE
2.1 We design, develop, operate and maintain software applications (the “Apps”) to help people track their health, adhere with their regimes and achieve their health goals. We create our own uMotif Apps and we work with partners to create branded Apps using our technology for our partners to make available to their clients. Our partners may include, for example, health professionals, research institutions and pharmaceutical companies. You may be accessing our Apps directly through us or you are accessing our Apps via one of our partners.
2.2 We license use of the Service to you on the basis of these Terms and subject to any rules or policies applied by any appstore provider or operator from whose site you downloaded the App (“Appstore Rules”). We remain the owner of the Service at all times.
2.4 From time to time, updates to the Apps may be issued through your appstore provider. Depending on the update, you may not be able to use the Apps until you have downloaded the latest version of the App and accepted any new terms.
2.5 You warrant that you are at least 18 years of age. You also warrant that you are the owner of the device to which you have downloaded the Apps, or that you have obtained permission from the owners of that device to download the Apps. You accept responsibility in accordance with these Terms for the use of the Service on any device, whether or not that device is owned by you.
2.7 By using the Service, you consent to us collecting and using technical information about the devices used to access the App and any related software, hardware and/or peripherals to improve our products and to provide any Services to you.
2.8 The provision of Service to you is conditional on you ensuring that all information you provide and upload is correct, accurate truthful and honest at all times.
2.9 uMotif cannot be and is not liable for any damages which result from your failure to continue your check-ups with your regular healthcare provider. You accept that the Service does not replace your regular healthcare provider. We are not doctors. We simply provide a technology to assist you.
2.10 We strongly recommend that you should seek appropriate advice before starting any health self-management, self-care, diet, weight loss, well-being or healthy eating programme. The information provided on the Service does not offer medical advice or act as a substitute for medical treatment. The Service provides a tool to track the user's data. Although it aims to help users in their efforts to achieve their health goals, information on the Service does not constitute advice tailored to an individual's specific requirements.
2.11 Although we shall endeavour to use reasonable skill and care in providing the Service, we give no other warranties or guarantees in relation to the Service.
3. ACCESS TO OUR SERVICE
3.2 All images, text, icons and other content on the Service (“Content”), as well as the arrangement of the Content on the Service, is protected by copyright and other intellectual property rights. Except as provided in these Terms, or otherwise in writing by us, you are not granted any licence to use the Content. Nothing in these Terms grant you a licence to use any of our trade marks or the trade marks of any of our partners or other third parties.
3.3 Unless you have entered into a separate written agreement with us, you shall not copy, republish, frame, link to, download, transmit, modify, adapt, rent, lease, loan, sell, assign, distribute, license or sublicense the App, the Service or any of the Content. No copyright and/or other intellectual property notices or watermarks on any Content shall be deleted or modified.
3.4 You shall not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Service except to the extent allowed by law. You may not access, monitor or copy any Content or information from the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
3.5 If you breach any of the terms in these Terms, your permission to use the Service automatically terminates. In addition, we shall have the right to block, restrict, disable, suspend or terminate your access to all or any part of the App, the Service or its Content at any time in our discretion without liability to you.
3.8 Access to the App or the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason our Service is unavailable at any time or for any period.
3.9 You are responsible for making all arrangements necessary for you to have access to our Service. You are also responsible for ensuring that all persons who access our Service through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
3.10 From time to time, the Service may also include links to other online properties. These links are provided for your convenience to provide further information. They do not signify that we endorse these online properties. We have no responsibility for the content of the linked online properties.
4. YOUR ACCOUNT AND PASSWORD
4.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
4.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must immediately notify us at contact@uMotif.com.
5. HOW YOUR ACCOUNT IS USED BY PROFESSIONALS WHO LINK TO IT
5.1 The Service is designed to help you improve or track your health or adhere to a regime. Improving or tracking health, or adhering to a regime, is usually achieved with the help of medical, health or other professionals, who may be our partners. Access to the Service may therefore be made available to you via one of our partners.
5.2 In registering to use the Service, you will have used a unique registration code. This unique registration code links your uMotif account to one or more of our online properties or to online properties of our partners. For example your uMotif account may be linked to the website of a hospital department or a doctor's surgery. Your data will be viewable by all professional authorised users of the online properties your account is linked to (doctors, nurses, practice managers, dieticians etc.). Your data will not be viewable by other patient users unless you elect otherwise. It will also be possible for your clinicians or health professionals to add data to your account (for example, a diary note, or a new task) as well as view any data you have entered. If you do not want your data to be viewed by anyone else, please email contact@uMotif.com - however you should be aware that this may affect how you and your clinicians use the Service.
5.3 If you have access to the Service via a uMotif partner and that partner terminates its contractual relationship with uMotif, you may no longer have access to the Service via that partner. Data uploaded whilst using the Service via the Partner may also no longer be accessible.
6. WHAT YOU ARE NOT ALLOWED TO DO WITH THE SERVICE
6.1 You are prohibited from posting or transmitting to or from the Service any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.2 You shall not:
(a) use the Service, the App or its Content in any unlawful manner;
(b) misuse the Service, the App (including, without limitation, by hacking or inserting malicious code);
(c) resell or make commercial use of the Service, the App or its Content;
7.1 We do not guarantee that our Service will be secure or free from bugs or viruses.
7.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Service. You should use your own virus protection software.
8. LINKING TO OUR SERVICE
8.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
8.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.3 You must not establish a link to our online properties in any online property that is not owned by you.
8.4 Our Service must not be framed on any other online property, nor may you create a link to any part of our Service other than the home page.
8.5 We reserve the right to withdraw linking permission without notice.
8.6 If you wish to make any use of content on our Service other than that set out above, please contact contact@uMotif.com.
9. THIRD PARTY LINKS AND RESOURCES IN THE SERVICE
Through the Service you may be able to link to other websites which are not under the control of uMotif. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. If you decide to access any of the third party online properties linked to the Service, you do so entirely at your own risk.
10. LIMITATION OF OUR LIABILITY
10.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service, the App and any Content on it, whether express or implied.
10.3 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Service for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
10.4 Your use of any information or materials provided by the Service is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our Service including App websites and/or mobile apps meet your specific requirements.
10.5 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Service.
11. OTHER IMPORTANT TERMS
11.1 To contact us in writing send your communication to us by e-mail to: contact@uMotif.com
11.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(a) our obligations under these Terms shall be suspended 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 these Terms may be performed despite the Event Outside Our Control.
11.3 We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these Terms.
11.5 A person who is not a party to these Terms has no right to enforce any term of these Terms.
11.6 If we fail to insist that you perform any of your obligations under these Terms 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.
11.7 Each of the conditions of these Terms 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.