DATE: 15 April 2021
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW.
Who we are and what this Agreement does
We Sphere Health Innovations Limited of 215-221 Borough High Street, London, SE1, license you to use:
- The SPHERE™ mobile application software, the data supplied with the software, (App) and any updates or supplements to it;
- The related online documentation (Documentation), which includes the Study User Information Sheet and our website (mysphereapp.com);
- The service you connect to via the App and the content or sessions provided or purchased through it (Service),
as permitted in these terms.
We provide services to help users manage stress, anxiety and PTSD. The App is a self-service digitally enabled treatment, although please note that we make no representations as to the curative nature of the Service offered. Users should follow the instructions we provide very carefully as failure to do so can adversely affect the effectiveness of the App.
This Agreement applies to all users of the App and Service. By accessing the Service, you agree to do so on these terms so please read this Agreement carefully as it contains important terms which govern the use of the App and Service. If you do not accept these terms, please do not use the App or Service.
Please be aware that internet transmissions are never completely private or secure and 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.
We provide mobile content in relation to health and wellness. Our App is a self-service digitally enabled treatment, although please note that we make no representations as to the curative nature of the Service offered. We are not a health care or medical device provider, nor should our App or Service be considered medical advice. You should always consult appropriate healthcare professionals on any matters related to your health and wellbeing before taking any action in relation to your health, particularly in relation to a specific diagnosis or condition. Accordingly, you understand that no information on this App or the Service we provide should be relied upon to make a medical diagnosis or determine treatment for a medical condition and should not be a substitute for medical advice, diagnosis or treatment.
We do not guarantee the accuracy or completeness of the information and content on the App or Service and as a result, such information does not encompass all conditions, disorders, health-related issues or respective treatments. You understand that you should always consult a qualified healthcare provider to determine the appropriateness of this information for your own situation or if you have any questions regarding a medical condition, disorder, treatment plan, or other health-related issues.
IF YOU BELIEVE THAT YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, 999 OR NHS 111 IMMEDIATELY. NO ACTION OR INACTION SHOULD BE TAKEN BASED SOLELY ON THE CONTENTS OF THE APP OR SERVICE, NOR SHOULD YOU EVER DELAY SEEKING MEDICAL ADVICE OR TREATMENT DUE TO THE INFORMATION CONTAINED ON THIS APP.
We reserve our right to refuse to provide the Service if we reasonably believe there is a threat to life or risk of serious harm.
The technology we use to provide the Service is based on neurofeedback and is still in a development phase. The App and Service do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned in the App. Reliance upon the information provided by this App and our Service is solely at your own risk. In this regard you agree not to use any information in our App or Service, including but not limited to, Service descriptions and customer testimonials for the diagnosis and treatment of any health issue. You further acknowledge that all customer testimonials as found on our website are strictly the opinions of their writers and any results achieved are solely individual in nature; therefore your results may vary.
Google Play and/or Apple App Store’s terms also apply (the ‘App Stores’)
The ways in which you can use the App and Documentation may also be controlled by the respective App Stores’ rules and policies (links to the App Stores’ policies are as follows: Google Play Terms of Service, Google Terms of Service, Apple Media Services Terms and Conditions and Apple Licensed Application End User License Agreement. The App Stores’ rules and policies will take precedence where there are differences between the two.
Operating system requirements
This App requires a mobile device with the following operating system:
- Apple devices (iPhone, iPad, iPod Touch) with an operating system of iOS 10 or above; or
- Android devices (phones and tablets) with an operating system of 5.0 or above.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or the Service or if you have any problems using them please take a look at our support resources at www.mysphereapp.com. You may contact us using the following email addresses:
- Technical issues: firstname.lastname@example.org
- Account or payment queries: email@example.com
- General enquiries: firstname.lastname@example.org
Please note, we do not provide medical advice or support so should you require medical advice, please consult your medical healthcare professional. As noted above in our Medical Disclaimer, if you require urgent medical assistance, please call your doctor, 999 or NHS 111.
How we will communicate with you. If we have to contact you we will do so by email or using any other contact details you have provided to us.
How you may use the App
In return for your agreeing to comply with these terms you may:
- download a copy of the App onto your mobile device and view, use and display the App and the Service on such devices for your personal purposes only;
- use any Documentation to support your permitted use of the App and Service, provided you comply with the terms set out in this Agreement and make copies of the Documentation for back-up purposes; and
- 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.
You must be 18 or over to accept these terms and download the App
Mobile in-app purchases
Treatment sessions may be purchased via the App using the ‘in-app’ purchase option which will provide you access to one 20 minute treatment session. The fees for each session can be found at www.mysphereapp.com/pricing but will also be stated at the time of purchase. You may purchase multiple sessions which will be added to your App credit but will expire 12 months after purchase. Payments will be processed through the App Store from which you originally downloaded the App. You may access the App Store’s ‘in-app’ purchase rules and policies directly from the app store.
All billing and transaction processes are handled by the App Store from whose platform you downloaded the App and are governed by the App Store’s terms and conditions. If you have any payment-related issues with in-app purchases, then you need to contact the App Store directly.
In the unlikely event that we are unable to replace or repair the relevant in-app purchase, we will authorise the App Store to refund you the amount of the relevant in-app purchase. Alternatively, if you wish to request a refund, you may do so by contacting App Store directly.
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out above. You may not transfer the App or 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.
Changes to these terms
We may need to change these terms to reflect changes in law, best practice or to deal with additional features which we introduce. We will notify you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
Updates to the App and changes to the Service
The App’s technology is based on neurofeedback which is still in the development phase and therefore the App and Service are subject to changes.
From time to time we may automatically update the App and change the Service 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 and the Service.
The App will always match the description of it provided to you when you bought it.
If someone else owns the phone or device you are using
If you download 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.
We may collect technical data about your device
We are not responsible for other websites you link to
The App or any Service 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.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, Documentation or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
Acceptable use restrictions
- not use the App, Documentation or any Service 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, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- 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
- 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.
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the right to use them in accordance with these terms.
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.
Limitations to the App and the Service. The App and the Service are provided for general 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 the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express 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 or the Service.
Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the app store site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service 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. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Service you have paid for but not received.
When we may end your rights to use the App and the Service
We reserve our right to refuse to provide the Service if we reasonably believe there is a threat to life or risk of serious harm.
We may end your rights to use the App and Service 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 and Service:
- You must stop all activities authorised by these terms, including your use of the App and any Service;
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
- We may remotely access your devices and remove the App from them and cease providing you with access to the Service.
We may transfer this Agreement to someone else
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.
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.
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.
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.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales. 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.
Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the European Commission Online Dispute Resolution platform via their website at www. ec.europa.eu/consumers/odr. The European Commission will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.