END USER LICENCE AGREEMENT / APP TERMS OF USE
These terms of use relate to your use of our mobile application software HALO-X (App) and what you can expect when using it to manage your wellness. By downloading the App and you agree to these terms. If you do not agree to these terms, do not download the App.
We, Ethera Health Ltd, a company registered in England and Wales under company number 14003133 whose registered office is at 125 Wood Street, London, United Kingdom, EC2V 7AW license you to use the App, the data supplied with the App, and any updates or supplements to it as permitted in these terms.
These terms of use refer to the following additional terms, which also apply to your use of the App:
a) Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you or a third party provide to us;
b) Our Website Terms & Conditions at https:/ethera.health/terms-and-conditions.
2. APP STORE AND PLAY STORE TERMS ALSO APPLY
The ways in which you can use the App may also be controlled by the rules and policies described in the Apple/Google Play App Stores where you downloaded the App.
3. OPERATING SYSTEM REQUIREMENTS
The App requires a mobile phone or other handheld device with operating system version iOS11 or later or Android 6 or later.
The App can be used with:
a) the Ethera Health Band or MyLoopa band; OR
b) any other wearable device that is compatible with either:
i) Apple HealthKit; OR
ii) Google Fit (the Device).
Internet access is required for full functionality of the App.
If you want to learn more about the App or have any problems using it please email the team at halox.support@ethera.health. If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our team at halox.support@ethera.health.
In return for you agreeing to comply with these terms you may:
a) download or stream a copy of the App onto your device and view, use and display the App; and
b) receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
If you choose, or you are provided with, a username, 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.
We have the right to disable any username 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 of use.
If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at halox.support@ethera.health.
The App is intended to help you monitor your health data collected from your wearable device and wellness/symptoms from your daily questionnaires. It is not intended to be used as a medical device.
7. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App as set out above under How you may use the App. You may not otherwise transfer the App 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.
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 inform you of any changes that we have made prior to publishing them. You will also be notified of a change when you next start the App. If you do not accept the notified changes you should uninstall the App in accordance with the existing terms.
From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
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.
10. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
11. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO OR OTHER SOFTWARE OR SERVICES YOU USE
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 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 buy any products or services offered by them.
We are not responsible for any issues caused to your use of the App by internet connectivity issues either mobile or through a Wi-Fi service provider or any other related third party software issues and we are only responsible for data once it is received by us.
You agree that you will:
a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
b) not copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App.
13. ACCEPTABLE USE RESTRICTIONS
You must:
a) not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
b) not infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these terms);
c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App; and
d) not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
14. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use it in accordance with these terms.
15. 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, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms 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, 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 defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The App does not offer advice. The App does not offer advice on which you should rely. You must obtain professional advice from your doctor 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 expressed or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the App store site) meets your requirements.
Location restrictions.
The App is intended for use by individuals resident in the United Kingdom and may not be suitable or permissible for use in other territories. We reserve the right to withdraw or suspend access to the App within a given territory if we become aware of a legal or other risk associated with its availability in that territory, immediately and without notice.
17. WE ARE NOT RESPONSIBLE FOR EVENTS OUTSIDE OUR CONTROL
If our provision of support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
18. WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS
We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
a) You must stop all activities authorised by these terms, including your use of the App.
b) You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App.
19. TRANSFER OF THIS AGREEMENT
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 the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
20. 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.
21. IF A COURT FINDS PART OF THIS CONTRACT 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.
22. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, 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 this 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.
23. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
This document was last updated in August 2022.