The CVm-Health App provides a remote way for users located in the United Kingdom or United States that are self-isolating at home, including those who suspect they have contracted or who are recovering from the COVID-19, to record and monitor their vital sign data, symptoms and certain other relevant data, in a form that may be readily shared by an individual with healthcare professionals or family members. The CVm-Health App is intended to provide individuals with an electronic diary system to document, monitor and view their own vital sign and symptom observations.
1 THIS AGREEMENT
1.1 The CVm-Health App is made available to you by Sensyne Health. Sensyne Health is the trading name for Sensyne Health Group Limited, incorporated in England (company number 11240986) with its registered office at Schrödinger Building, Oxford Science Park, Oxford, OX4 4GE ('Sensyne', 'we', 'us'). You can contact us by emailing our customer service team at firstname.lastname@example.org or writing to us at the address above. If we have to contact you, we may do so using the email address, postal address or telephone number you provided to us.
1.2 We reserve the right to make changes to this Agreement at any time, in accordance with applicable legislation. If we make only minor changes to this Agreement without materially changing your rights or obligations, we will post the amended Agreement on the CVm-Health App section of the Sensyne website or through some other reasonable method and the changes shall take effect immediately when they are posted. If you do not accept any change, then you are free to terminate the agreement with us and stop using the CVm-Health App. Your use of the CVm-Health App following notification of a material change to you shall constitute your acceptance of those changes. Certain provisions of this Agreement may be supplemented or superseded by expressly designated legal notices or terms located on particular pages within the CVm-Health App section of the Sensyne website and we will use reasonable efforts to make you aware of those legal notices and/or terms.
2 LICENCE AND INTELLECTUAL PROPERTY('IP')
2.1 We grant you a personal, non-transferable and non-exclusive right and licence to access and use the CVm-Health App for your personal and non-commercial use and for its intended use only.
2.2 You may print off one copy, and may download extracts, of any page(s) from the CVm-Health App for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. Our status (and that of any identified contributors) as the authors of content on the CVm-Health App must always be acknowledged.
2.3 The trademarks 'CVm', 'CVm-Health' and any other trademark used in the CVm-Health App are our trademarks or those of our licensors and you may not use or display these trademarks without our permission.
3 YOUR OBLIGATIONS
3.1 To use the CVm-Health App, you must be located in the United Kingdom or United States, over 18 years of age and complete a registration form or a similar form to create an account. When you access your account, you agree to provide true, accurate, current and complete information about yourself (or the person on whose behalf you are acting) as prompted by the registration form or otherwise requested during the term of this Agreement, and to maintain and promptly update that information.
3.3 You may only provide information about another person under 18 years of age if you have parental responsibility over that person.
3.4 You agree not to use the CVm-Health App to (i) upload, transmit or otherwise make available any content that is unlawful or objectionable, (ii) upload, transmit or otherwise make available any content that you do not have a right to make available or that contains software viruses or any other disruptive programs, and/or (iii) violate any applicable law.
3.5 You are responsible for maintaining the confidentiality of your information (including log in details and password), restricting access to your devices, and the security of any third party service you use to share your information (including an email or other communications service). Please note that such communications services may not be encrypted or secured. You accept responsibility for all activities that occur under your account or from your devices or such third-party services. You agree to immediately notify us of any unauthorised use or your account or password, or any other breach of security, and acknowledge that we may not be able to mitigate such unauthorised access or other breach of security until you do so.
4 WARRANTIES AND DISCLAIMER
4.1 We make no representation or warranty other than as expressly set out in this Agreement. To the extent permitted by law, we disclaim and exclude all conditions or warranties that may otherwise be implied by law into this Agreement including, for example, warranties as to title or non-infringement, all services are provided on an 'as is' basis and we do not warrant that the CVm-Health App shall be available at all times, or is free of errors.
4.2 Where you consent to or otherwise allow third parties, such as your family members, healthcare professionals or organisations, to access your information stored in the CVm-Health App, including where you export your information to a third party service (including an email or other communications service), you acknowledge and agree that you do so at your own risk and we are not responsible for those third parties or any such third party email or other communications service.
4.3 The CVm-Health App has been developed to provide individuals with an electronic diary system to document, monitor and view their own vital sign and symptom observations.
You expressly agree that Sensyne is not a provider of health care services and is not providing, and does not intend to provide, medical advice through the CVm-Health App. Never delay or avoid seeking professional medical advice because of your use of the CVm-Health App, due to any information stored on, generated by or received through the CVm-Health App, or because of content read or learned through use of the CVm-Health App. The CVm-Health App (including any content supplied within the CVm-Health App) is not intended to be used in place of (i) the advice of your physician or other medical professionals, or (ii) a visit, call or consultation with your physician or other medical professionals. Should you have any health-related issues or questions during your use of the CVm-Health App, please call or see your physician or other healthcare provider promptly. The CVm-Health App does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Sensyne.
4.4 Where the CVm-Health App provides content from, or links to, external third-party sites, Sensyne shall have no responsibility for those external sites, including as to their accuracy and nature. You should consult the terms and conditions of those external sites.
5 LIMITATION OF LIABILITY
5.1 Nothing in this Agreement shall limit or exclude any liability that, under applicable law, cannot be limited or excluded, including liability for death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation.
5.2 If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or that is otherwise indirect or consequential. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
5.3 The CVm-Health App is for your private and domestic use. You agree not to use the CVm-Health App for any commercial or business purposes. We have no liability to you for any loss of profit, loss of goodwill, loss of business opportunity or revenue, loss of anticipated savings, or loss or corruption of data.
5.4 To the maximum extent permitted by applicable law, our aggregate liability under this Agreement is limited to £100.
5.5 For the avoidance of doubt, nothing in this clause shall affect your consumer rights as provided to you by applicable law.
6 TERMINATION AND SUSPENSION
6.1 You may terminate this Agreement at any time.
6.2 We may terminate or suspend (at our option) this Agreement and/or your access to the CVm-Health App immediately where we have reasonable grounds to do, including, for example: (i) your breach of this Agreement, (ii) requests by law enforcement or other government agencies, (iii) our discontinuance of or material modification to the CVm-Health App, or (iv) unexpected technical or security issues or problems.
6.3 Upon termination of this Agreement Sensyne may (i) remove your access to all functions within the CVm-Health App, and (ii) delete your information, files and content associated with or inside your account. You agree that Sensyne may take any or all of these actions in Sensyne’s sole discretion and that to the extent permitted by applicable law we shall not be liable to you or any third party for any suspension, change or termination of your account or access to the CVm-Health App for any reason.
7 GOVERNING LAW AND DISPUTES
7.1 This Agreement is governed by the laws of England and you can bring legal proceedings in respect of the Agreement in the English courts (or courts of Scotland or Northern Ireland if you live there).
8.1 This Agreement is the entire agreement between you and Sensyne relating to the CVm-Health App and its use.
8.2 We may transfer any of our rights or obligations under this Agreement, in whole or in part without your consent. If we do this, we will notify you of any change in data controller, but this will not affect your rights under this Agreement or applicable law.
8.3 No one other than you and Sensyne may enforce the terms of this Agreement.
8.4 We shall not be responsible for any delay or failure in the performance of our obligations under this Agreement to the extent caused by occurrences beyond our reasonable control, such as acts of God, epidemic, pandemic, any action or order of a governmental authority, strikes, war, sabotage, disruption in communications facilities, non-performance of any sub-contractor (including any hosting provider) or commercial impracticability.
8.5 Even if we delay in enforcing this Agreement against you, we may enforce it at a later date.
8.6 If any part of this Agreement is held invalid, void or otherwise unenforceable by a court or relevant authority, the remainder of this Agreement shall remain valid and enforceable.