PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY –THEY FORM THE BASIS OF A BINDING LEGAL AGREEMENT
BY CLICKING ON THE "ACCEPT" BUTTON AT THE FOOT OF THIS AGREEMENT YOU AGREE TO THESE TERMS AND CONDITIONS
These terms and conditions (the “EULA”) form the basis on which we, Cupris Limited (“Cupris”, “we”, etc) agree to licence the use of the Cupris service, which may be accessed by way of a mobile app or online web-based interface
(the “App”) and the functionality which it provides (the “Services”) to the individual accepting these terms (“you”, etc).
The ways in which you can use the App may also be controlled by the policies of any appstore from which you may have downloaded it. Where such policies apply they shall also govern your use of the App and the Services.
In order to function correctly the app requires:
· Mobile operating system: either iOS version 9 and above or Android 4.4.4 or above.
· A valid corresponding account (iTunes for iOS devices, Google Play for Android devices)
· Web browser: any reputable browser that complies completely with HTML5 standard (28th October 2014 as described on www.w3.org) e.g. IE10 and above, Opera 42 and above, Firefox 51 and above, Chrome 54.0.2840 and above. Please note that as of the time of writing Safari does not fulfil this requirement.
· To use hardware specific functionality, e.g. otoscope mode, requires hardware purchased from Cupris and whose terms and specification are covered in a separate document. Note that not all hardware from Cupris is compatible with all devices.
· Functioning torch LED(s) (mobile apps only).
· Functioning camera.
· Stable internet connection with proxies/firewalls enabled for communication with server.
· At least 100Mb of free disk space (mobile apps only)
Your Status as a Medical Professional
You must hold a current licence to practice medicine, or to practice as an allied medical professional, and be registered with the relevant authority or regulator (with no current conditions on your practice, or any other regulatory sanction in place) to accept these terms and/or to use the App.
By accepting this EULA you are consenting to Cupris taking any and all steps that it deems necessary to verify your identity and your entitlement to practice medicine. You accept that Cupris may flag your profile as ‘unverified’ until you have complied with all steps requested by Cupris to satisfy it of your identity. You accept that these processes are ongoing and that Cupris may regularly take steps to verify your continued entitlement to practice. Should Cupris ever have concerns that you do not hold a valid licence to practice medicine (or if Cupris has any other concerns about your fitness to practice medicine) then it shall be entitled to flag your profile on the App accordingly, withdraw your access to the App and/or to terminate this EULA immediately and without notice.
If your licence to practice medicine is withdrawn by your regulator, if any conditions are placed on your practice (or any similar regulatory sanctions are imposed), or if you receive a criminal conviction in any jurisdiction, then you must notify Cupris immediately and cease using the App until you receive notice from Cupris.
Further, it is a fundamental requirement of this EULA that you warrant that you currently, and will for the duration of the term of this agreement, either (a) hold a comprehensive insurance policy with a reputable insurer, or (b) have your practice covered by a comprehensive insurance policy with a reputable insurer held by your employer; that insures you against the risk of any claims that may be made against you relating to your practice of medicine and/or your treatment of patient data.
Payments and Billing
Fees. The App is free to download and includes the level of free storage space specified on the Website (and that level of storage is described in this agreement as ‘free storage status’). If you need more storage space you can purchase additional storage space by upgrading your storage plan and subscribing to pay a monthly fee. The relevant monthly storage pricing plans per country or region are available http://www.cupris.com/platform-pricing/ .
Payment for additional features will be collected from the account specified by you monthly in advance. In the event that you elect to cease to pay (or otherwise fail to pay) the fees associated with your chosen storage plan you will be automatically downgraded to free storage status. Downgrading to a smaller storage space in this way will not cause any of the data which you may have stored using the app to be deleted, but you may cease to have access to stored historic data which exceeds the free storage limit. If you do not have sufficient storage space available to store new data then file syncing between connected Devices may be stopped.
Privacy and Data
The App is intended to:
1. facilitate communications between you and individuals seeking information or advice about their health (in this EULA “Users”) in order to enable them to talk to you about their health and to receive professional advice from you in response; and/or
2. facilitate communications between you and other individuals who use the App and who are medical professionals (“Professionals”) to assist in the diagnosis and treatment of medical conditions.
If you choose to enter into these kinds of communications with Users and/or other Professionals then you accept that they may be sending you sensitive personal data relating to the physical or mental health or condition of individuals (“Data”) and that they are placing a high level of trust in you to use that Data solely for the purposes of making decisions about the kind of treatment that you believe they should receive and not for any other purpose.
General Confidentiality Obligation – Your obligations in respect to Data are personal to you and you will be personally responsible for any consequences of your breach of them. All Data that you receive from the App should be considered confidential to the User from which it was received. You must treat that Data as confidential at all times and refrain from sharing it with anyone who does not have a legal right to see it, or from using it for any purpose other than providing medical advice to the User to which it relates, or from otherwise sharing, accessing or using it outside of the App other than as set out in this EULA. Medical information which you receive via the App should be treated and stored no less securely than any medical records which you hold electronically or on paper.
Consent and Permissions - For security reasons the App only permits individuals to message each other: a) once both individuals have agreed to allow messaging to begin; or b) if both individuals are part of a group chat with at least one mutual connection . So, if you wish to begin messaging a User that User will have to accept your invitation to begin messaging before you can receive any Data from them. The same thing will happen if you wish to contact a Professional or if a Professional wishes to begin messaging you.
The App is provided for the purpose of enabling communications relating to Users’ health. You must not use the App to message Users with whose medical care you are not involved, and you must never contact Users for social, marketing or other non-healthcare purposes.
Once you have begun messaging a User and received Data from them you may wish to send that Data to a second Professional, or to make contact with them in relation to it more generally, in order to ask for that Professional’s advice or opinion. Where you wish to do this then you must (as part of your general confidentiality obligations) consider whether it would be appropriate for you to secure that User’s consent to the communication for that communication to take place. Users can consent to these communications on a one-off basis or can grant blanket consent for a set period of time.
You may also use the App to contact Professionals more generally and to enter into discussions that do not feature Data relating to a particular User. Where this occurs you will still need to obtain the other Professional’s consent to begin the conversation, but you will not need the consent of any User. However, when you enter into this kind of discussion with another Professional it is important that you comply at all times with your obligations of patient confidentiality and with your wider obligations to process their sensitive health-related personal data only to the extent that they have consented to or which is physically necessary for you to provide medical care to the patient. If you do not comply with this rule then it may be a breach of data protection legislation and you may be personally liable for such breach. Cupris does not accept any liability for any breach of this rule by you or any other Professional.
While Cupris takes steps to verify the identity of all users of the App, it cannot guarantee that any individual user is who they represent themselves to be. As such you must exercise caution when using the App and take care to establish the identity of everyone that you interact with using it. In particular, you should take steps to verify the identity of anyone who contacts you requesting access to Data because it is important for all users to be vigilant at all times to protect against fraudsters, and because you have a personal obligation to protect patient information from being accessed by anyone who is not legally entitled to access it.
Exportable Formats – When you receive Data you may view it securely through the App or you may save a copy as an exported file so that you can view it on a computer. If you chose to create an exported file in this way then there are a number of restrictions on how you may use it:
● The exported media format function is provided solely to enable you to keep copies of relevant Data as part of your general patient records (which should be stored confidentially and securely at all times). Where you use the export function you may only do so in order to create a copy of relevant Data in order to add it to your existing medical records system.
● You must store any exported copy of Data securely and confidentially (in compliance with the Data Protection Act and any other applicable data protection law) and must treat it with no lesser degree of confidentiality than you wouldtreat medical records belonging to the relevant User.
● You must not use the exported media format function to bypass the need for a User to grant you consent to share their Data with another Professional. If you wish to share Data with another Professional then you must use the functionality of the App.
● Your handling of exported files cannot be managed or controlled by the App. Accordingly, you accept that you are personally liable for any legal consequences that may arise as a result of your handling of exported files other than in accordance with this EULA’s terms or any applicable law, regulation, code of conduct or professional standard which relates to data protection or the safekeeping of medical records.
You agree that, other than the export function described above, you are not authorised to extract Data from the App in any way and/or to convert it into any other file format. You specifically undertake that you will not use any kind of ‘screenshot’ functionality on any device to capture images of the App or to extract Data from it for any reason.
In order to operate the App Cupris needs to take and keep copies of the Data that is sent using it, as well as details of all of the messages and communications that have taken place across it. We take great care to hold this data securely but no server is 100% secure against external threats such as hackers. Cupris cannot guarantee that transmission of Data across the Internet is 100% secure, and 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.
Please note that many modern mobile devices backup data stored on them to the ‘cloud’ (remote servers which may be located anywhere on the planet) as a default setting. Where your device does this, Data that you send or receive using it may be stored on a ‘cloud’ server based outside of the EU. In order to protect the privacy of Users you must turn off or disable any kind of cloud backup service that operates on your device if it would lead to copies of Data (or any other information) sent or received via the App being stored in the cloud. If you do not disable such functionality then Cupris cannot guarantee the security of any cloud-based storage system that you may use and cannot accept any liability for any such storage or processing of Data by you, for which you will be personally responsible.
Use of the App
In return for your agreeing to comply with these terms you may download a copy of the App onto a single device and create and operate a single unique user profile on it.
Changes to these terms
We may need to change these terms from time to time to reflect changes in law, to deal with additional features which we may introduce, or for other similar or related reasons.
When we make changes to the EULA we will upload an updated version of the EULA. If the changes are significant then we reserve the right to require you to ‘click-accept’ the revised terms to indicate your acceptance of them. Otherwise we shall be entitled to assume your consent to them as a result of your continued use of the App.
We will endeavour to give you notice of any changes to the EULA by sending you an e-mail or in-App notification. However, you accept that this may not always be possible, that Cupris shall have no obligation to send you notice of such changes, and that any changes to the EULA shall become effective on the date on which an amended version of the EULA is uploaded to the App.
If you do not accept an updated EULA you may be able to continue to use the App without the benefit of new features that may have been introduced, or it may be necessary to withhold the use of the App from you altogether.
Updates to the App and changes to the Service
From time to time we may automatically update the App and change the Services 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 Services.
Secure Use of the App on a Device
You must not use the App on any phone or other device not owned by you or lawfully provided to you by an employer you.
Using a device which can be accessed and/or is used by another individual may put Users’ Data at risk. Cupris does not recommend that you permit any other individual to use a device on which you have the App installed and shall not be liable for any unauthorised access to your Data which may arise as a result of such use.
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 to access 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 Third Party Websites
The App or any Service may contain links to independent websites which are not provided by Cupris (for example, those recommended to you by other users of the App). Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or the adequacy of any privacy policies which they may have in place.
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 Services in any form, in whole or in part to any person without prior written consent from us;
● not copy the App or Services, 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, or Services, nor permit the App or the Services 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 Services 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 Services 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 the Licensor's 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; and
● 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 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 impersonate any other individual (including both other users of the App and non-users);
● 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, which furthers the commission of a crime or which is otherwise objectionable in relation to your use of the App or any Service;
● not use the App to obtain, or attempt to obtain, access to any information or data to which you are not personally legally entitled;
● not to use the App for any purpose not related to the practice of medicine or the healthcare of Users;
● not attempt to export any Data from the App (save for using the exported media format function specifically permitted above);
● 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 and the Services are, and shall remain, the property of Cupris. You agree that you shall not have or acquire any intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
You specifically agree that Cupris shall own the rights inherent in any and all databases that may be created within, by, or as a result of the use of the App.
Further, you agree that Cupris shall have an irrevocable, worldwide, royalty-free, licence to use any information that you may upload to the App (including Data) for the purposes of providing the App, for improving the App, developing new functionality for or in relation to the App, and for the purposes of generating aggregated data and/or reports which relate to your usage of the app or usage of it by users more generally.
Your Indemnity to Cupris
Please read this clause carefully – it imposes financial obligations on you that will apply in the event that you breach the terms of this EULA or other applicable laws.
You hereby undertake to indemnify and hold harmless Cupris against any loss or damage (whether direct or indirect, whether or not such loss or damage was foreseeable, and including all associated legal expenses) caused by any:
● breach by you of the obligations set out in this EULA which relate to your use and storage of Data;
● unauthorised accessing by you of any Data;
● failure by you to maintain your licence to practice medicine, and or an allied professional, and/or to notify Cupris of any lapse of your licence and/or any conditions placed upon your practice of medicine (for example, by the GMC);
● act of fraud, or any other criminal offence, committed by you; and
● act of negligence by you in the course of your practice of medicine (or provision of any other services to Users).
Our responsibility for loss or damage
If we fail to comply with these terms, we are responsible for direct loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. However we shall not be 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.
Cupris shall not be responsible for any misuse of Data by any user of the App (User, Professional or otherwise) nor for any misuse of your Data caused as a result of actions by third parties (such as hackers).
Cupris shall not be liable for any misuse by you of Data, whether that misuse arises as a breach of your obligations pursuant to this EULA or because of a breach by you of relevant Data Protection legislation. Further, Cupris shall not be responsible for any advice given by any Professional to any other individual (User, Professional, or otherwise) using the App. Individual Professionals are personally responsible for the quality of their advice and practice and Cupris shall make no warranty in respect of nor shall it have any liability for that advice or practice.
Cupris does 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.
If you use the App for any commercial, business or resale purpose you agree that Cupris shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The App and the Services are provided for general information purposes only. Cupris does not offer medical advice on which you should rely. You agree that all advice that you may receive via the App or Services is the sole responsibility of the person giving it (Professional or otherwise) and that Cupris shall not be responsible for its content or accuracy. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from or via the App. We make no representations, warranties or guarantees, whether express or implied, that any information transmitted or received via the App is accurate, complete or up to date (though third parties and/or other users may do so, in which case they shall be solely responsible for them).
In any event Cupris’ total aggregate liability for all claims arising out of this EULA or its subject matter shall be no greater than £250,000.
The App is not a backup or storage service; accordingly, Cupris shall not be liable for any loss of data of any kind which arises from your use of the App.
You agree and accept that the App has not been developed to meet your individual requirements.
If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will endeavour to 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 Services you have paid for but not received.
We may end your rights to use the App and the Services if you break these terms
We may end your rights to use the App and Services at any time and without liability or penalty, by contacting you if we consider that you have broken the terms of this EULA, or if we have any reason to believe that continued use of the App is not in the best interests of other users of it.
If we end your rights to use the App and Services:
● You must stop all activities authorised by these terms, including your use of the App and any Services.
● 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.
● We may remotely access your devices and remove the App from them and cease providing you with access to the Services. We may also, but shall not be obliged to delete all data that we hold that relates to your use of the App and/or Services.
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 have any problems using them please take a look at our support resources at http://www.cupris.com/how-to.
Contacting us (including with complaints). If you think the App or the Services are faulty or mis-described or wish to contact us for any other reason please email our customer service team using the contact details provided at http://www.cupris.com/contact-us.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
Transfer of this Agreement
We may transfer our rights and obligations under this EULA 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 may only transfer your rights or your obligations under these terms to another person if we agree in writing.
Third Party Rights
This EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. For the avoidance of doubt, this EULA does not give you any rights in (or to oblige the performance of) any similar EULAs agreed between Cupris and third parties.
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. 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.
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.