Patient & Caregiver

Terms

of use

up-wave

as at 10th December 2018

This App is owned and operated by Careology Health Limited of 2 Stephen Street, London, England, W1T 1AN under company number 10205660 ("Careology", "us" or "we"). Please read these terms and conditions carefully, as by downloading, accessing or using the App or Services you are accepting that you are bound by the current terms and conditions in full. This policy (together with the terms of service) sets out:

1. Important liability statement

NOT A HEALTHCARE PROVIDER: Careology is not a healthcare provider and the App is not a medical device. Careology only provides a tool to enable you to log or view a range of information relating to the healthcare treatment for the Patient and this tool will not diagnose, treat, cure or prevent any health issues or make any recommendations concerning the Patient's healthcare or treatment. The information available on or through this App and/or the Services supplied via or in connection with this App do not constitute medical advice and it is the Patient's sole responsibility to seek the advice of a healthcare provider if the Patient and/or Caregiver have any concerns, or at any time the Patient feels unwell. It is also the Patient's sole responsibility to determine, through obtaining appropriate medical advice, that such contents and services are suitable for the Patient. In any case, the Patient should consult a doctor before starting to use the App or Services. It is the Caregiver's sole responsibility to contact the Patient if the Caregiver is at any time concerned about the Patient's health or wellbeing and to take the appropriate course of action as the Caregiver sees fit.

CLOSED COMMUNITY: A "Closed Careology Community" may consist of up to one Patient, one or more Caregivers, one or more Medical Providers, and will exist for the Patient's benefit. A Patient may download the version of the App designed for Patients and access the related Services (provided it accepts these terms), a Caregiver may download the version of the App designed for Caregivers and access the related Services (provided it accepts these terms), and a Medical Provider may download and use the Clinical Interface (provided it accepts the related terms), in each case on its own volition or upon receipt of an invitation containing a unique code from another party in the Closed Careology Community. Any member of a Closed Careology Community may leave the group at any time (which will not affect that Closed Careology Community), provided that any related charges continue to be paid for the Closed Careology Community in accordance clause 6. Also note that the Careology solution can alert members of the Closed Careology Community when Content (as that term is defined in the Privacy Policy) about the Patient is submitted to the App by any member in your Closed Careology Community. Please be aware that a healthcare provider in your Closed Careology Community may not see this Content or an alert on its Clinical Interface. This is not our responsibility. You must always immediately contact a healthcare provider if you have any concerns regarding the health of the Patient and you should not assume that Content has been seen or wait to be contacted. Note that the Closed Careology Community functionality is only available as part of the paid-for premium service offering.

LIABILITY: A "Closed Careology Community" may consist of up to Careology will publish health and cancer-related information such as tips, recipes, articles and product recommendations from time to time of the App or Site. This informational content may be developed either by Careology or third parties (wherein the intellectual property rights in any third party materials vest in and belong to that third party or its licensors) and may be provided on a general or personalised basis, based on the information that has been provided to us. We will use reasonable care and skill in providing the informational content above and the Services to you. As long as we have done that, we make no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any such informational content (or Content ) and, subject to the paragraph headed "the law" below, do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of you using or relying on any information on this App or Site or provided through any Service supplied by us to you. We remind you that Careology is not a healthcare provider and it is the Patient's sole responsibility to seek the advice of your healthcare provider if you have any concerns or the Patient at any time feels unwell and the Caregiver's sole responsibility to contact the Patient if the Caregiver is at any time concerned about the Patient's health or wellbeing and to take the appropriate course of action as the Caregiver sees fit.

ACCURACY OF INFORMATION: It is vital that you supply us with correct information about yourself (including any information supplied by you on the App or when creating an account). Some of the Services are based on that information and we cannot be liable for any incorrect information supplied to us by you or (if applicable) information relating to the Patient provided by anyone in the Closed Careology Community. In order to continue to provide you with a high quality of service it is important that you regularly update the health information that you give to us. If you do not do this, the tools and content which we recommend to you may become unsuitable for you and the Patient (as applicable).

THE LAW: We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud, or for any other liability which may not by applicable law be excluded or limited and we do not do so and your statutory rights as a consumer are not affected. Subject to that, our liability to you in each year is limited to the total amount of premium charges payable to Careology by the Paying Party (as that term is defined in clause 6) in respect of your individual Closed Careology Community (if applicable) in any 12 month period and is strictly limited to loses that were reasonably foreseeable.

DEVICES: Some of the Services require the Patient to use sensors / wearable technologies, such as exercise, activity, heart rate, temperature, weight, and blood pressure monitors that are not under Careology's control (Third Party Connectivity) to access those Services. This may include the opportunity for the Patient to link to the App with the Third Party Connectivity data. Careology is in no way responsible or liable for any Third Party Connectivity products, services or related data (including the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of that data) used in connection with your App/Services. You acknowledge that any Third Party Connectivity that the Patient uses in connection with the App and/or the Services are not part of the Careology App and/or Service and are not controlled by Careology and the Patient takes sole responsibility and assumes all risk arising from the Patient's interactions with any use of or reliance on any Third Party Connectivity products, services or data. You also acknowledge that these terms and conditions and Careology Privacy Policy do not apply to Third Party Connectivity - you are responsible for reading and understanding any terms and conditions and privacy policy that applies to your use of any Third Party Connectivity.

2. Definitions

The following definitions apply in these terms and conditions:

"App" means this application (and any update/upgrade to it) that Careology makes available for download from any third party application store.

"Caregiver" means friends, family members or carers within (or invited to be in) a Closed Careology Community, which in the context may be you.

"Carer Content" means any content generated by Caregivers or Medical Providers to whom the Patient grants permission to read, amend, add to or otherwise access or use Patient Content and interact with the Patient's Careology experience.

"Closed Careology Community" has the meaning set out in paragraph 1.

"Medical Provider" means a medical practitioner, a healthcare provider, a medical insurer or other related third party.

"Patient" means the individual for whose benefit a Closed Careology Community may created, which may in the context be you.

"Patient Content" means any content generated by the Patient in the course of the Patient using of the App.

"Services" means any information and services provided by Careology through or via the App (including "in-App" purchases as applicable) and all services offered as part of the membership subscription for example, tools relating to symptom logging and triaging, alerts and notifications, medication, medical management, calendars, journals, 3-way-communication and timelines.

"Site" means this website or replacement site(s) from time to time.

3. Use of this app

You may use the App for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the App for any commercial purpose including for selling any goods or services.

You must not use the App to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this App or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the App or damage or destroy the reputation of Careology or any third party. All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of these terms.

The intellectual property rights in the App and Site and in any content of the App and Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) other than Patient Content or Carer Content ("Materials") are owned by Careology (or its third party licensors). Except to the extent expressly set out nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App or Site or using the Services.

Except to the extent expressly set out in these terms and conditions you are not allowed to make any copies of any part of any Materials, or remove or change anything on the App, include or create links to or from the App without Careology's written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof. "Careology" is a registered trade mark or an application for a registered trade mark owned by Careology. You must not use Careology's brand, logo or mark without written licence.

Careology accepts no obligation to monitor the use of the App or Site. However, Careology reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Careology will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

Careology may change the format, content or features of the App, Site or Services from time to time with or without notice to you. You are not obliged to download the updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.

The Services are intended for use only by persons who are English speakers based in the UK and who are at least 18 years of age. By using the Services, you confirm to us that you meet these requirements and that, if you are under the age of 18, you have received permission from your parent or guardian before using the App or Services.

4. Patient content / carer content

Where a Closed Careology Community exists, the Patient may create Patient Content and (only) the Patient may permit Caregivers and/or Medical Providers as the Patient sees fit to read, amend and/or add to the Patient's Patient Content and interact with the Patient's Careology experience based on the access controls the Patient grants to other parties in their Closed Careology Community on those parties' version of the App or Clinical Interface, which the Patient may change at any time on its version of the App (provided the Caregiver and/or Medical Provider have the Caregiver App or Clinical Interface and have accepted the relevant terms and conditions, as applicable). We do not monitor or control the access permissions the Patient may grant to third parties or the Carer Content. You are solely responsible for this.

You agree that, by submitting any Patient Content or permitting any Carer Content to be generated about the Patient, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Patient Content and Carer Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in such Patient Content or Carer Content, provided that doing so is always consistent with your rights under Careology's Privacy Policy and applicable laws.

We do not screen Patient Content or Carer Content. However, we reserve the right, in our sole discretion, to delete, edit or modify any Patient Content or Carer Content submitted to the App, at any time without notice to you.

5. Your personal information

Usage of your personal information is governed by Careology's Privacy Policy, which forms part of these terms and conditions. In the event that Careology undergoes reorganisation or is sold to a third party, you agree that any personal information Careology holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

6. Charges

Standard Plan

A Patient [and Caregiver] may download and use the standard features of the App free of charge. A detailed description of the standard features can be viewed in the App and on the Site.

Premium Plan

(a) Premium plans

A Patient [or Caregiver] may elect to receive paid for premium features (in addition to the free standard features). A detailed description of the premium features and associated pricing plans can be viewed in the App and on the Site and includes for example, access to enhanced features and the creation of a Closed Careology Community via an " Individual Premium Patient" plan or a "Family Premium Bundle" plan.

(b) Trial periods

Premium features can be accessed and used free of charge for a trial period which will be clearly specified (at the point of download) to the individual who has elected to receive the paid for premium features for the first time, which will either be the Patient or Caregiver as the context requires ("Paying Party"). [Each party in a Closed Careology Community may also use and access the premium features selected by the Paying Party where the Paying Party has subscribed for a premium plan that permits that individual to create a Closed Careology Community]. An individual will not be eligible to a trial period if they have already used or accessed a trial period in accordance with these terms.

(c) Paying the charges

The Paying Party must pay the premium plan charges in accordance with the applicable scenario below:

(i) If the Paying Party is eligible for a free trial period and:

(A) if the Parting Party downloaded the App and first signed up for the paid for premium services via a third party App store (and not using the link on our Site); at the end of the trial period the Paying Party will be automatically charged for the rates in the pricing plan selected by the Paying Party (at the point the Paying Party first downloaded the premium features) on expiry of that promotional period unless you email us on support@careology.health; or

(B) if the Parting Party downloaded the App and first signed up for the paid for premium services using the link on our Site (and not via a third party App store); prior to the end of the trial period, we will send the Paying Party a link to our Site and, if the Paying Party wishes to continue receiving premium features (for itself and if applicable, the entire Closed Careology Community), it must elect to receive (and pay for) one of the plans at the associated rates specified on the Site on and from the end of the trial period. If the Paying Party does not elect to receive (and pay for) the premium plan in accordance with these terms; access to the premium features by the Paying Party and if applicable, the entire Closed Careology Community will terminate at the end of the trial period.

(ii) If the Paying Party is not eligible for a free trial period or does not wish to use the free trial period offered to it, the Paying Party will be automatically charged for the rates in the pricing plan selected by the Paying Party (at the point the Paying Party first downloaded the premium features) regardless of whether the premium features were accessed via a third party App store or using the link on our Site.

The premium features will be available for purchase for varying commitment periods (e.g., 3 months, 6 months or one year) and you may have a choice of paying an up-front fee for such periods or to pay monthly or on an annual basis as stated on the Site and App. Additionally, we may offer other promotional premium services which offer a one off up-front payment fee (e.g., for 3 months) with a commitment to subscribe for e.g., the following 9 months. Monthly subscription may be available with a specified number of months' commitment, or with no commitment.

(f) Payment

The Paying Party is fully liable for the costs associated with the selected premium plan (Premium Charges) except where, if applicable, it has requested that another party in the Closed Careology Community pays (and becomes fully liable for) those Premium Charges (in full), and that other party has agreed (and we have seen valid confirmation of such).

Payment for the Premium Charges will be made via the Site or within the App in accordance with the procedure and pricing explained on the Site. Information displayed on the App, Site or the third party application store as to pricing and availability is subject to change by Careology without notice (although the price of a plan for a fixed period will not change for the duration of that period). The premium services will be available for use immediately once you have downloaded the App and the Premium Charges have been paid for either in respect of the Paying Party or the entire Closed Careology Community (if applicable) as / when required.

We will collect all fees due from the Paying Party's debit/credit card nominated to us upon registration unless we are notified that the Paying Party has changed (and new valid debit/credit card details have been provided to us along with the appropriate authority) or have reason to believe that the Patient's circumstances may have changed (in which case we will contact the Closed Careology Community to discuss this). As stated below, we may suspend or cancel any Services (including premium services) and the entire Closed Careology Community subscription (if applicable) in the event of problems with the relevant debit/credit card.

(g) Automatic renewals

If a:

(i) pay-monthly subscription with no commitment period is selected, the subscription will automatically renew at the end of each month on the same terms and the related monthly Premium Charges will continue to be collected from the Paying Party's debit/credit card until we or the Paying Party cancel the subscription (for the entire Closed Careology Community if applicable) on at least 28 days' notice by emailing this information to us at support@careology.health [or unless you have "opted out" of continuing to receive the premium services in response to the email we will send you prior to the end of the month]; or

(ii) subscription with a fixed commitment period (e.g., 6 months) is selected then (whether it is pay-monthly or pay up-front, at the end of that period) the subscription will automatically renew at the end of that period on the same terms and the related Premium Charges will be collected from the Paying Party's debit/credit card until we or the Paying Party cancel the subscription (for the entire Closed Careology Community if applicable) on at least 28 days' notice by emailing this information to us at support@careology.health or unless you have "opted out" of continuing to receive the premium services [on the new monthly rates] in response to the email we will send you 14 days prior to the end of the fixed commitment period.

In either case:

(i) where the premium plan includes access to a Closed Careology Community, we will notify the entire Closed Careology Community if: (a) the Paying Party provides such notice to cancel the subscription and ceases paying the Premium Charges; or (b) we have reason to believe the Patient's circumstances may have changed and wish to discuss whether the premium services are still required. The remaining members of the Closed Careology Community will have 28 days to notify us that they do not wish to terminate the Closed Careology Community and that one party is willing to assume all responsibility for the Premium Charges going forwards (and therefore become the Paying Party for the purposes of these terms and conditions) by emailing us on support@careology.health; or

(ii) where the premium plan does not include access to a Closed Careology Community and we detect inactivity on your account and/or we have reason to believe the Patient's circumstances may have changed, we will contact you to discuss whether the premium services are still required.

(h) Cancelation

A Paying Party may cancel in its sole discretion the subscription to the premium features (for the entire Closed Careology Community if applicable) within 14 days after we email the Paying Party to confirm we accept your order without penalty by emailing us at support@careology.health. Premium Charges are otherwise non-refundable. The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Services may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.

(i) Changing Plans

A Paying Party may change its premium plan at any time by emailing us at support@careology.health.

(j) In App purchases

From time to-time, we may offer you optional in-App services or products, which will be subject to separate terms (in addition to these terms and conditions), as we will provide you at the time.

7. Liability

You are referred to the important liability statement at the top of these terms. Subject to that statement, you agree that your downloading, accessing and/or using this App and/or Services is on an as is and as available basis and at your sole risk. On that basis, except as expressly set out in these terms, Careology does not enter into conditions, warranties or other terms in relation to the App or Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.

Subject to the important liability statement, Careology is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.

8. Passwords

You must create a log-on ID (such as a username and password or other identifier) in order to access or use the App and Services. You must treat such information as confidential, not reveal it to anyone else or permit anyone else to use your password and use the password only for such access and not for any other purpose. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

You shall cease using the password and exit the App immediately in the event of any failure or error in the operation of a password, and must notify Careology of such failure or error. Also, you must cease to use and delete the password from any of your records upon expiry or termination of your membership for whatever reason.

Careology reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Careology promptly of any changes to your registration details.

9. Suspension and termination of service

Careology may suspend the operation of the App for repair or maintenance work or in order to update or upgrade the contents or functionality of the App from time to time. Access to or use of the App or pages linked to it will be not necessarily be uninterrupted or error free.

Careology may terminate the Services immediately in the event you breach any of these terms and conditions or if the Paying Party is late in paying or do not pay any sums due (including if the credit / debit card provided is not valid or does not work for another reason).

10. Warrenties

Except as set out in these terms, and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.

11. General

Careology may change these terms and conditions from time to time and will endeavour to notify you of any major changes by email (using the address you have provided us with).You should check these each time you revisit the App. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Careology may delay enforcing its rights under these terms and conditions without losing them. You agree that Careology may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

You may not transfer or assign any or all of your rights or obligations under these terms.

If you have any enquiries or complaints then please address them to: Careology, 2 Stephen Street, London, England, W1T 1AN or enquiries@careology.health

12. Third party platform providers

Certain third party platform providers with whose devices and/or operating systems the App has / have been designed to be compatible oblige us to include certain additional provisions in these terms. These are set out at the end of these terms under "Additional Third Party Terms". These provisions come from the relevant third party platform providers, not us. Third party application stores are operated by the relevant third party platform providers and / or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available. Also note that A&D, Apple, Fever Scout, Fitbit, Google, Live Better With, Vivalnk and other such brands that may be featured with this App or Site are trade marks of the relevant trade mark owners.

Additional terms from third party providers

Apple

If the App that you download, access and/or use is downloaded from the App Store operated by Apple Inc. ("Apple"):

  • your licence to use the App is limited to a non-transferable licence to use the App on an Apple-branded device owned or controlled by you and as permitted by Apple’s usage rules published in its App Store terms of service, except that the App may be accessed, acquired and used by other accounts associated with you via Family Sharing or volume purchasing;
  • you acknowledge and agree that:
    • Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Apple, using the Contacting us details in these terms;
    • we, not Apple, are responsible for responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation;
    • in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you;
    • to the maximum extent permitted by applicable law, Apple will have no other warranty obligations whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any warranty will be our sole responsibility and we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed;
    • in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
    • although these terms are entered into between you and us (and not Apple), Apple and its subsidiaries are third party beneficiaries of these terms and, upon your acceptance of these terms, Apple Inc. (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof;
  • you represent and warrant that:
  • you must comply with any applicable third party terms of agreement when using the App, such as your mobile phone provider's data usage agreement.
Google

If the App that you download, access and/or use is downloaded from Google Play:

You are allowed unlimited reinstalls of the App without any additional fee, provided that if the App is removed from Google Pay due to (a) an allegation of infringement, or actual infringement, of any third party Intellectual Property Right; (b) an allegation of, or actual violation of, third party rights; or (c) an allegation or determination that such Product does not comply with applicable law (collectively "Legal Takedowns") then the App will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the App.

You may also be able to claim a refund from Google for purchases made in the App if you qualify under the Google Play refund policy at https://support.google.com/googleplay/answer/2479637?p=play_refund.

We grant to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the App. The "User" means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.

Microsoft

If you download the App from a Microsoft-owned or operated platform, however named, through which applications may be offered to or acquired by customers, we are required to permit you to stream and run the App on up to at least ten Windows 10 devices that are associated with your Microsoft account, without payment of any additional fees, with no restriction on (i) how often you can register or de-register such devices or (ii) how often you must access the App from a given device to maintain or refresh your licensed files on that device. You may also download the App to a device that is not registered with your Microsoft account.