App Terms & Conditions

Ampersand HealthSuite – Terms of Use

INTRODUCTION

Hello and welcome to the fine print. This is a legal document, but we’ve tried to make it short and accessible. Here are the main things you need to know:

• We are a responsible software company, borne out of a collaboration between doctors and patients. We respect your privacy and we take the same steps to protect your data as we do to protect our own.
• We are not a health care provider and our apps and the content contained within them are not a replacement for specialist advice from your doctor.
• We provide technical support, but you should refer to your GP or hospital team for medical assistance.
• We may vary our terms from time to time – if we do, we’ll let you know via the app or by email.

We’d love your feedback.

ABOUT US & THE APP

Ampersand HealthSuite (AHS) is a general information and self-management tool for use in relation to long term inflammatory conditions.

Ampersand HealthSuite is owned and operated by Ampersand Health Limited (a limited liability company registered in England and Wales (registered number 11584266) and our registered office is at Queens Studios
121 Salusbury Rd, London, NW6 6RG.

AHS consists of My IBD Care, My Arthritis, My NETs (collectively the AHS App or Apps) and AHS Clinician Services (accessed via our website) (AHS Services). References to AHS throughout these Terms includes the IBD, RA and NETs Apps and AHS Services.

In these Terms references to /us/we/our mean Ampersand Health Limited and references to you/your mean you.

YOUR RELATIONSHIP WITH US, THE TERMS & AHS

These Terms, together with any other documents, terms or policies we refer to in these Terms, set out the legal terms that apply to your use of AHS, including your registration and subscription to AHS.

Please read these Terms carefully, together with our Privacy Policy before you register with or start using AHS.

By registering with AHS, accessing or using AHS you confirm that you agree to be legally bound by these Terms.

If you do not agree with any of these Terms you must not register for, access or use AHS.

You must be 13 or over to use AHS, unless you have the permission of a carer.

HOW WILL WE CONTACT YOU?

We will communicate with you by email or via the App.

HOW YOU CAN CONTACT US

You can contact us by email: contact@ampersand.health or via our website: www.ampersandhealth.co.uk.

European Healthcare & Device Solutions (Ireland) Ltd. (AER – EU), Stratton House, Bishopstown Road, Bishopstown, Cork, Ireland

European Healthcare & Device Solutions (Ireland) Ltd.

www.europeandevicesolutions.co.uk
info@europeandevicesolutions.eu

IF WE MAKE CHANGES TO THESE TERMS

We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 7 days’ notice of any change by sending you an email or notifying you of the change when you next launch the App.

If you do not accept the notified changes you will not be permitted to continue to use AHS and your registration and (if relevant) subscription to AHS will be cancelled at the end of either the notice period or your current pre-paid subscription period (whichever is the last to occur).

YOUR PERSONAL DATA

Under data protection legislation we are required to provide you with certain information about who we are, the basis and purpose for which we process your data, how we process your personal data, as well as your rights in relation to your personal data and how to exercise these. This information is provided in our Privacy Policy. It is important that you read this information.

PRIVACY OF INTERNET TRANSMISSIONS

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or Service, our website, third party websites or by email may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

YOUR USE OF AHS

Subject to your acceptance of (and continuing compliance with) these Terms, including your payment of any applicable subscription fees, we are giving you personally the right to access and use AHS as specified for the Membership Tier you have selected (details of the Membership Tiers can be found in the section headed “Registration”. Your access to and use of AHS is at all times subject to these Terms.

Only you may access and use AHS and you must not allow anyone else to have access to or use of AHS, you must not transfer the App or any content from the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

You must also abide by the restrictions set out in the “Restrictions” section below.

We recommend that you back up of any of your own content and data which you use in connection with AH, to protect yourself in case of problems with the App or Service.

AHS PURPOSE & LIMITATIONS  – ALWAYS SEEK SPECIALIST MEDICAL ADVICE

AHS provides general information and self-management tools relating to long term inflammatory conditions, including Crohn’s, Colitis, Rheumatoid Arthritis and others. We are not a health care provider and the App and the content contained within it should not be considered medical advice.

You should not rely upon any information or recommendations contained within AHS and you must always obtain professional or specialist medical advice before taking, or refraining from, any action on the basis of information or recommendations obtained from AHS. You are responsible for your actions and decisions. We are not responsible for or liable for any actions or decisions which you take having read information on AHS or anywhere else.

Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date or as to the therapeutic benefit or fitness for any purpose of any content, material, information or recommendation given in AHS.

Any health information and links to third party content or websites are provided purely for your convenience and must not be relied upon as medical advice.

It is important that you use the App in consultation with your medical practitioner and not in any way as a replacement or substitution for medical advice from a qualified medical practitioner.

SECURITY OF YOUR LOGIN DETAILS & INFORMATION

When you register with AHS you will be asked to provide certain personal information which we will use to establish and manage your account. Please read our Privacy Policy [link to privacy policy] carefully, as this contains information about how we use personal information and your rights in relation to any of your personal information which we hold.

You will be asked to provide a username and will either be provided with or select a passcode in order to access and use the App, these are important for maintaining the security of your account and your use of AHS.

You are responsible for keeping your username and passcode secure and you must keep them safely and not disclose or share these with anyone else or let anyone else to have access to them.

If you know or suspect that your username or passcode have become known to anyone other than you, you must contact us immediately.

REGISTRATION

When you register with us you may have the choice of subscribing to different Membership Tiers.

We may offer a free membership tier and you may also decide to subscribe to one of the paid for tiers of memberships of the App (Membership Tier(s)). You can find the description of each paid for Membership Tier, together with any additional terms which are relevant to that specific Membership Tier, on our website.

By registering with us you undertake to us that the information which you provide is complete and accurate, that you are over 13 years old and that you will take all reasonable steps to keep your login details (username and passcode) protected and will not share your details with anyone else.

FEES AND PAYMENT

If you subscribe for any paid for Membership Tier (Subscription) you will need to pay us the fees (Subscription Fees) for that Tier as detailed on our website. Subscription Fees will normally be payable monthly (being any 30 day period from the date of your subscription (Subscription Month)) and are payable by you at the start of each Month. We may also offer an annual subscription (being 365 days from the date of your subscription (Subscription Year)), if you elect to subscribe for an annual subscription your Subscription Fees will be payable at the start of each Subscription Year.

Your subscription will be automatically renewed at the end of each Subscription Month if you pay monthly or Subscription Year if you pay annually, until terminated by us or you according to these Terms.

Most users pay us through the app-store that they use to download the App, but if you do not pay through an app-store you will need to have a valid payment method, such as a credit card, set up on your account from which we will take payment of the Subscription Fees due to us.

By subscribing to the App or providing payment details to us you confirm that you are authorised to use the payment method you have specified and authorise us to take payment in full for the Subscription Fees.

If we offer payment via PayPal in your jurisdiction and you choose to pay via PayPal, then your use of the PayPal service is governed by the PayPal user agreement in force from time to time. Please refer to the PayPal user agreement for details of the terms and conditions applicable to payments and refunds processed through PayPal.

You can change your payment method at any time via your App Store account

If your payment defaults your Subscription will be cancelled and you will not be able to access the App or any data you may have uploaded to it. Where reasonably possible we will notify you if your payment defaults and provide you with an opportunity to make payment by another means.

We may change the subscription fee for any Membership Tier at any time, in which case we will give you 30 days’ notice of the change. No change will take effect until the expiry of your current Subscription Period and if you do not agree to pay the revised subscription fee you can terminate your Subscription at any time before the end of the notice period or the end of your current Subscription Period.

FREE TRIAL

We may, in our sole discretion, make available to you a free trial of the App for a period of 7 days or more, the terms of which will be fully explained with the offer. If you decide to register for a free trial you will need to provide a valid payment method (such as via an app-store or a credit card) and we may request a temporary authorisation from the financial institution which issued your payment method (i.e. your credit card provider) in order to confirm the validity of the payment method.

Only one free trial may be taken up. Upon expiration of the free trial period you will automatically be joined to the selected Membership Tier and we will charge the appropriate Subscription Fee to your payment method.

You must cancel your membership prior to the end of the trial offer in order to avoid paying Subscription Fees.

HOW DO I UPGRADE OR CHANGE MY CHANGE YOUR MEMBERSHIP?

You may upgrade to a higher Membership Tier at any time, subject to the payment of the applicable additional Subscription Fees for the new Tier.

You can also change your Subscription to a lower Membership Tier with effect from the end of the current Subscription Period, after which you will be required to pay the applicable Subscription Fees for the new Tier.

If you wish to change your Subscription please do so via the app store.

HOW DO I CANCEL MY SUBSCRIPTION?

You have the right to cancel your subscription at any time within the first 7 days of the first day of starting your subscription, this is known as the “cooling-off period”.  If you cancel during this Cooling-off period you will not be charged for using the service.

How to Cancel my subscription after the cool-off period has finished?  You can cancel at any time through the app store and your cancellation will take effect at the end of your current Subscription Period. You must cancel your Subscription before each Subscription Period renews (i.e. before the last day of Subscription Month (i.e. the current 30 day period) for monthly payments and or Subscription Year (i.e. the current 365 day period)  for annual payments) in order to avoid paying Subscription Fees for the next Subscription Period.

How to Cancel a Free-Trial?- if you are in a free trial period you can cancel your Subscription at any time in the app store.

SUSPENSION/TERMINATION OF YOUR ACCOUNT

We have the right to suspend or terminate your account (meaning that you will not be able to access or use the App) at any time without notice if we have reasonable grounds to believe that you have broken any of these Terms. This shall not limit our right to take any other action against you which we consider appropriate to defend our rights or those of third parties.

We also have the right to suspend and/or terminate your access to AHS at any time if in our opinion it is necessary or desirable for us to do so.

YOUR OBLIGATIONS FOR YOUR OWN CONTENT, POSTS & MESSAGES

We may permit you to upload data to your account such as your personal information (i.e. diary, emotional responses, notes and other information relating to your personal circumstances), post comments and other content or send messages (Your Content).

You agree that any Your Content upload onto AHS or sent using means we provide will not be: illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You also agree that Your Content will not consist of any political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” and will not contain any software viruses.

You must not mislead us (or anyone else) as to the origin of Your Content nor use a false e-mail address, impersonate any person (or entity), We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.

RESTRICTIONS

You must not do any of the following:

• make any use of or access AHS for any unlawful or improper purpose or in any manner inconsistent with these Terms;
• download, copy, reproduce, duplicate, alter, modify, sell, rent, create derivative works, share, publish, post, broadcast, transmit, retransmit, frame or make available to the public any part of IBD and/or any content on IBD or permit or assist anyone else to do so, except as expressly permitted under the Copyright, Designs and Patents Act 1988 (as amended from time to time) (“the Act”);
• not remove or alter any proprietary notices on AHS;
• not infringe our intellectual property rights or those of any third party in relation to your use of AHS (to the extent that such use is not licensed by these terms);
• disable, bypass, remove, change, modify, deactivate, impair or otherwise attempt to avoid or get around any encryption, security measures, copy protection technology or other digital rights management system which is incorporated into or used by or in connection with AHS;
• hack, reverse engineer, reproduce, decompile, dissemble or otherwise interfere with any aspect of AHS;
• act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
• not use AHS in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from AHS or our systems or attempt to decipher any transmissions to or from the servers running any Service.

OUR RIGHTS IN AHS

AHS is owned by us and we own all rights in AHS.  We (or our licensor’s as appropriate) own (without limitation) all rights in the content on AHS; this includes all trademarks, logos, branding, graphics, text, content, data, design and software contained within, forming part of and/or otherwise connected to AHS belong to us (or our licensors).

You have no rights or intellectual property rights in, or to, AHS other than the right to access and use the App in accordance with these Terms.

All trademarks, brands and logos (Trademarks) used on AHS are trademarks or registered trademarks of Ampersand Health Limited or our licensors. You must not use any Trademarks in any way (including as part of a hyperlink) without our express prior written consent.

We reserve the right to take appropriate legal action in order to protect and/or enforce our (and where appropriate our licensor’s) legal rights if you misuse or infringe our intellectual property rights in any way.

UPDATES & CHANGES TO AHS

We use our best efforts to ensure that the availability of AHS will be uninterrupted and error-free. However, due to the nature of internet delivered services this cannot be guaranteed. We may also occasionally suspend and/or restrict AHS and/or content within AHS (including your content) in order to allow for repairs, maintenance and/or upgrades. We will attempt to limit the frequency and duration of any such suspension or restriction.

From time to time we may automatically update the AHS App to improve our services, performance, enhance functionality, reflect changes to the operating system or address security issues. We may also ask you to update the App for the same 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 and the Services.

DEVICE & SOFTWARE

You may only download and install the App on a device which you own or for which you have the owner’s permission to do so. You acknowledge that you, or the owner of the device, may be charged by the relevant mobile network operator or internet service provider for any data or mobile connectivity used by the App.

It is your responsibility to ensure that you have the required up-to-date software necessary for AHS.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App 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 to improve our products and to provide any services to you.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES WE LINK TO

The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content, terms and conditions or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites,  including whether to accept their terms and conditions, to buy any products or services or rely on any advice offered by them.

We do not accept, and to the fullest extent permissible at law exclude all, any and all liability for any third-party content, advice, websites, services and content. Please note that the inclusion of third-party content or a link to third party websites does not mean that we endorse such content, advice, website, services or content.

OUR LIABILITY TO YOU

If we fail to comply with our obligations under these Terms or fail to use reasonable skill and care in the performance of our obligations to you, we are responsible for loss or damage you suffer that is a foreseeable result of our failure, but we are not responsible for any loss or damage that is not foreseeable. Foreseeable loss or damage is loss or damage which it is obvious it will occur as a result of a failure or which, at the time you accepted these Terms, both you and we knew it might happen.

We do not limit or exclude our liability for: death or personal injury caused by our negligence or the negligence of our employees or agents; fraud or fraudulent misrepresentation by us, our employees or agents; or any liability which cannot be limited or excluded by law.

We are not liable for business losses. AHS is intended only for personal and private use and you are not permitted to use it for any business or commercial use. We will not be liable to you for any loss of income or revenue, loss of profit, loss of business, business interruption, loss of business opportunity, loss of data, loss of goodwill or any other similar loss.

We are not responsible for events outside our control. If AHS is interrupted or unavailable due to an event outside of our reasonable our control (Unforeseen Event) then we will contact you as soon as possible to let you know. We will not be liable for any Unforeseen Event, but if AHS is not available for a period of more than 15 days you may terminate your Subscription and receive a refund of any Subscription Fees you have paid for the period during which IBD has not been available.

Limitations of AHS (including the App and Service). AHS is provided for general information only. You should not rely on any advice offered by IBD. You must always seek the advice of a professional medical practitioner before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Our maximum liability under these Terms is £500.

OUR RIGHT TO DISCONTINUE AHS

We also reserve the right to suspend or discontinue AHS or your use of the App, in whole or in part, at any time with or without notice and without liability to you. In the event that we exercise such right, you may be entitled to a full or partial refund, in our sole discretion, if you have a current pre-paid Subscription.

GENERAL LEGAL TERMS

Transfer of the contract between us:- We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking or breaching of these Terms, 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.

No Third-Party Benefit. These Terms of Use are not intended to benefit and/or confer any rights or benefits to anyone else other than you and us.

Severability. If any of the provisions in these Terms are deemed by a court of relevant authority to be unenforceable, such provision will be treated as deleted. The remainder of these Terms will continue to govern the relationship between us.

Which Laws Apply to this Contract and Where Can Legal Proceedings be Brought?  These Terms are governed by English law and either we or you can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland either we or you can also bring legal proceedings in the Scotland and if you live in Northern Ireland either we or you can also bring legal proceedings Northern Ireland.