Harp Health Mobile Application
Terms and Conditions
END USER LICENCE AGREEEMENT
Please read carefully before downloading the Harp Health Application to your device.
The end-user licence agreement (EULA), together with the terms and conditions and any policies referred to therein on www.harphealthtech.com constitutes a legal agreement between the (end-user or you) and Health Harp Health Ltd, company no: 14262648 to allow you to use the Harp Health mobile application software, the data supplied within the software and the associated media and online or electronic documents.
Operating system requirements:
This App requires an Android or iOS handheld device with a minimum of 256MB of memory and updated with the most recent operating system software. Internet access is also required to download and update the app on your device.
Important notice:
Once you join the waiting list, you will be sent a link via email to download the App, by downloading the App and clicking on the “Accept” button below you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 6.
If you do not agree to the terms of this licence, we will not licence the App and documents to you and you must stop the downloading process by closing and un-installing the App. In this case you will be unable to use the App and must delete it from your device.
You confirm that you are of legal age to access and use the App. You are not eligible to use the App if you are under the age of 18.If you are experiencing any signs of cardiovascular, respiratory and/or musculoskeletal illness, you should urgently consult a physician before obtaining the Services offered by Harp Health, in order to rule out any possible risks of a participation in those services. It is, in general, important to listen to your body: if an exercise causes pain or general discomfort, do not perform it.
Unfortunately, we are currently not offering our Services to pregnant women. Developing solutions for pregnant women suffering from musculoskeletal issues is our top priority and we are working on developing a platform for pregnant women. We will be in touch when we are ready to offer our Services to pregnant women. Please inform your physiotherapist if you are pregnant.
The participation in the Services is, in any case, excluded if the customer suffers from one or more of the contraindications and/or if such a condition has been diagnosed by a therapist or physician and/or if such a condition is suspected by a physician or therapist.
As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App and documents. However, you will lose the right to cancel the transaction once you begin to download or stream the App and documents. You are able to uninstall the Harp Health App at any stage by deleting the app and all content from your device. This does not affect your consumer rights in relation to any defects in the App or the documents.
AGREED TERMS
- Acknowledgements
1.1 The terms of the 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 these terms apply. This EULA applies to all users of the App, unless Harp Health expressly excludes them in writing with a corporate subscriber. 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 the EULA.
1.2 We may change these terms at any time by sending you a message with details of the change or notifying you of a change when you next start the App. 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 automatically or through the App store. Depending on the update, you may not be able to see or 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 the mobile telephone or handheld device that are controlled, but not owned, by you and described in condition 2.2(a) 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 the device, whether or not it is owned by you.
1.5 The terms of our privacy policy from time to time, available on the Harp Health website, the App Store page and the ‘App Info ’ section of the App (Privacy Policy) are incorporated into this EULA by reference. Additionally, by using the App or any service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.6 By using the App or any of the services, you consent to us (Health Harp Health Ltd, company no: 14262648) collecting and using technical information about the devices and related software, hardware and peripherals for services that are internet-based or wireless to improve our service and to enable our technology partner to improve its products and services.
1.7 Certain services may 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 services. You may withdraw this consent at any time by turning off your location services settings.
1.8 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, are 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.
- GRANT AND SCOPE OF LICENCE
2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non‐exclusive licence to use the App on your device, subject to these terms, the Privacy Policy and the App store Rules, incorporated into this EULA by reference. We reserve all other rights.
2.2 You may:
(a) download or stream a copy of the App and to view, use and display the App on the device for your personal purposes only; and
(b) use the Documents for your personal purposes only.
- LICENCE RESTRICTIONS
3.1 Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App, its content, designs or Documents 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;
(b) not to rent, lease, sub-‐license, loan, translate, merge, adapt, vary or modify the App or Documents;
(c) not to make alteration 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;
(d) 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 such actions cannot be prohibited because they are essential for the purpose of achieving inter-‐operability of the App with another software program; and
(e) 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.
- ACCEPTABLE USE RESTRICTIONS
4.1 You must:
(a) 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;
(b) 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);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) 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
(e) 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, the Documents 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, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
6. LIMITATION OF LIABILITY
6.1 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 in the Documents meet your requirements.
6.2 The App has been constructed using good development and technology practices and is robust in purpose to the best knowledge and understanding at time of launch and will be continued to be kept up to date and functioning correctly as much as possible. All information and guidance contained within the App is correct as at the December 2022 date of release and we will use its reasonable endeavours to maintain the currency of all such information through periodic new releases and updates of the App.
6.3 However, use of the App by any persons, including health professionals, is at your own risk, and we make no representations or guarantees as to the adequacy or completeness of any of the information contained in the App.
6.4 The professionals who deliver services through Harp Health are independent professionals. Harp Health, does not practice physiotherapy/physical therapy, medicine, or offer healthcare services, and does not interfere with the practice of physical therapy or with the judgement of any other licensed profession by professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Harp Health is not liable for any professional advice you obtain from a professional via the App.
6.5 The App contains reading materials which are provided for information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from any reading materials contained in the App and the website. 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, and cannot accept liability for any errors or omissions. Harp Health shall not be liable to any person for any loss or damage that may arise from the use of the information contained in any of the materials on the App. The information contained in any such materials is not intended nor implied to be a substitute for professional medical advice nor is it intended to be for medical diagnosis or treatment.
6.6 Other than liability for death or personal liability arising out of negligence, we shall not be liable for any claims or losses arising from the use or misuse of the App, its contents, and any omissions from its contents or otherwise.
6.7 We only supply the App for domestic and private use. You agree not to use the App for any 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.
6.8 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 £10.00.
6.9 Harp Health expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of the App, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.10 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
7. TERMINATION
7.1 We may terminate this EULA immediately by written notice to you if you breach this EULA.:
7.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of any
Services;
(c) you must immediately delete or remove the App from all your devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so;
(d) we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services and the App store.
8. COMMUNICATION BETWEEN US
8.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-‐mail to: info@harphealthtech.com . We will confirm receipt of this by contacting you in writing, normally by e-‐ mail.
8.2 If we have to contact you or give you notice in writing, we will do so by e-‐mail or by pre-‐paid post to the address you provide to us in your request for the App.
9. OTHER IMPORTANT TERMS
9.1 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.
9.2 You may not transfer your rights or obligations under this EULA .
9.3 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.
9.4 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.
9.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.