LDN Health Tracker App
End User Licence Agreement
PLEASE READ CAREFULLY BEFORE PROCEEDING.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) andLDN Research Trust, Registered Charity Number: 1106636, having their registered office at PO Box 1083, Buxton, Norwich ( Licensor, us or we) for:
myLDN mobile application software and the associated media (App).
We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.
By creating an Account and clicking on the "Accept" button or ticking to accept these terms you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the privacy terms and limitations on liability in condition 7.
If you do not agree to the terms of this licence by not pressing the "Accept" button or ticking to accept these terms, you will not be able to create an Account and we will not license the App to you and any use will be unauthorised.
As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App.
However, you will lose the right to cancel the transaction once you begin to download the App.
This does not affect your consumer rights for an app that is defective.
By accepting the terms you will be assisting in what aims to be the world's largest LDN survey worldwide for over 174 autoimmune conditions for which LDN could be of benefit. Your input will go a long way to help with LDN clinical trials. Thank you.
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by updating the terms on our websites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.4 You will be assumed to have obtained permission from the owners of any mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2 (Devices) and to download or stream 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 App or any Service on or in relation to any Device, whether or not it is owned by you.
1.5 This App collects anonymous user data, such as application errors, device information (make / model / screen size etc.), and general user statistics (screens viewed, time spent using app, country). All of this information is anonymous and is used from time to time to assess improvements to the software.
1.6 We will collect non-personally identifiable aggregate data from the users of the software and, may share any data with third parties, such as researchers and doctors planning clinical trials. The LDN Research trust will require a donation for sharing the anonymous data.
1.7 By using the App or any of the Services, you consent to us collecting and using:
1.7.1 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;
1.7.2 your e-mail addresses to respond to user questions, for product development.
1.7.3 non-personally identifiable health data.
1.8 Certain 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.
1.9 The App or any Service 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.
1.10 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.
2 GRANT AND SCOPE OF LICENCE
2.2 You may download a copy of the App onto one device, or on more than one device so long as they are for use by the same user, and to view, use and display the App on the Devices for your personal purposes only or for more than one person using the same device, or in connection with the business of the provision of care.
3 LICENCE RESTRICTIONS
3.1 Except as expressly set out in this EULA or as permitted by any local law, you agree:
3.1.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
3.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
3.1.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
3.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App 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 App with another software program, and provided that the information obtained by you during such activities:
22.214.171.124 is used only for the purpose of achieving inter-operability of the App with another software program;
126.96.36.199 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
188.8.131.52 is not used to create any software that is substantially similar to the App;
3.1.5 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
3.1.6 to include our copyright notice on all entire and partial copies you make of the App on any medium;
3.1.7 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
3.1.8 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service ( Technology), together
4 ACCEPTABLE USE RESTRICTIONS
4.1 You must:
4.1.1 not use the App or any Service 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 App, any Service or any operating system;
4.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
4.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
4.1.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
4.1.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all intellectual property rights in the App, and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App 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 App in source-code form.
6 LIMITED WARRANTY
6.1 Unless required by applicable law, this product is provided on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
6.2 We warrant that the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described.
7 LIMITATION OF LIABILITY
7.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described meets your requirements.
7.2 We only supply the App for domestic and private use, and in connection with the business of the provision of care. You agree not to use the App for any other commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 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 7.6, 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.
7.4 The App has been primarily designed to aid in the research of the effectiveness of Low Dose Naltrexone, and as such, we may share aggregate, non-personally identifiable data with carefully selected third parties to aid in this research. In addition, we may receive a donation from such third parties for the use of this data.
7.5 The App is not intended as an aid to care, and no warranty or guarantee can be given that it will provide the facilities it is intended to provide in all circumstances; total reliance should not therefore be placed on it, in particular on the connectivity, software and hardware resilience or other circumstances. No liability can be accepted for any failure of the App to detect a specific occurrence or to give notification of a particular occurrence. You acknowledge and agree that no medical advice, medical service, medical information or other medical engagement is provided through the App or otherwise by us or by anyone on our behalf, and that you are installing and (if applicable) using the App at your own risk, without any reliance, assumption, expectation, or intent whatsoever that the App or we shall provide you any medical advice, medical service, medical information or other medical engagement.
7.6 You assume any and all risks associated with the use of this App.
7.7 We will not be liable for any loss nor will you be entitled to reimbursement if the services provided through the App are discontinued.
7.8 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 the cost of the App.
7.9 In no event will the author be held liable for any damages, injuries or death arising from the use, misuse, or malfunction of this software.
7.10 We take reasonable security measures to protect the security of your personal information. Despite our efforts to protect your personal information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted.
7.11 The security of your personal information is important to us. When you enter personal information (including personal health information in various tools on our website), we encrypt the transmission of that information or use SSL connections (Secure Socket Layer) technology.
7.12 We are registered in the UK as a data controller/processor, with registration reference ZA044795.
8.1 We may terminate this EULA immediately by written notice to you:
8.1.1 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;
8.1.2 if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
8.2 On termination for any reason:
8.2.1 all rights granted to you under this EULA shall cease;
8.2.2 you must immediately cease all activities authorised by this EULA, including your use of any Services;
8.2.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;
8.2.4 we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services.
9 EVENTS OUTSIDE OUR CONTROL
9.1 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).
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
9.2.1 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
9.2.2 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.
10 OTHER IMPORTANT TERMS
10.1 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.
10.2 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.
10.3 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.
Please note that this EULA, its subject matter and its formation, are governed by Scots law. You and we both agree that the courts of Scotland will have exclusive jurisdiction.
This agreement has been entered into on the date on which you download the App or clicking on the "Accept" button or tick to accept these terms.
©2014 Copyright LDN Research Trust