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 interfaces (the “App”) and the functionality which it provides (the “Services”) to the individual accepting these terms (“you”, etc).
You must be 18 or over to accept these terms and or use the App.
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)
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 here: 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.
Your Privacy and Data
The App is intended to facilitate communications between you and medical professionals such as doctors (in this EULA “Professionals”) in order to enable them to talk to you about your health. If you choose to enter into these kinds of communications with Professionals then you accept that you will be sending information about you and your health (“Data”) to them and that those Professionals will be using that information to make decisions about the kind of treatment that you should receive.
Consent and Permissions - For security reasons the App only permits individuals to message each other once both individuals have agreed to allow messaging to begin. So, if you wish to begin messaging a Professional that Professional will have to accept your invitation to begin messaging before you can send them any data or anyother information about you. The same thing will happen if a Professional wishes to begin messaging you.
Once you have begun messaging a Professional and sent Data to them they may wish to send that Data to a second Professional in order to ask for that Professional’s advice or opinion. Where a Professional wishes to do this with your Data then you will receive a notification asking you for your permission to allow that communication to take place. If you do not want that communication to happen then you can and should decline permission.
You can consent to your Data being shared between Professionals on a one-off basis, or on a wider basis. So, if you are happy for a Professional to share Data relating to you with other Professionals without contacting you each time, then you may use the settings in the App to grant them permission to do so without contacting you first.
Storing your Data – When you send Data to a Professional they may view it through the App or they may save it as an exportable media format so that they can view it on a computer. When you send data to a Professional you are agreeing to them using your Data in this way.
In order to operate the App Cupris needs to take and keep copies of the Data that you send 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 cannot guarantee that our servers are 100% secure against external threats such as hackers. Cupris also cannot guarantee that transmission of Data across the Internet are 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.
You are entitled to ask us to tell you what data we hold about you at any time, though we reserve the right to charge a small fee to you to cover the cost of responding to that request.
Please note that many modern mobile devices automatically backup data stored on them to the ‘cloud’ (remote servers which may be located anywhere on the planet). Where your device does this your Data may be stored on a ‘cloud’ server based outside of the EU. Where a Professional uses a Device that backs-up data in this fashion then there is the possibility that they will send your Data to the ‘cloud’ in a similar way. Cupris cannot guarantee the security of any cloud-based storage and cannot accept liability for any such storage or processing of Data.
Risks of sharing your Data – While Cupris takes measures to verify that Professionals who use the App are who they say they are (and that they are permitted to practice as professionals in the United Kingdom) we cannot guarantee their identity and you should exercise caution before accepting any invitation from a Professional to begin sharing your Data.
Further, while Cupris takes steps to prevent Professionals from sharing your Data without your consent, it cannot prevent Professionals who are determined to break the rules from doing so. Where this occurs you agree that the Professional in question shall be responsible and that Cupris will not be liable for their decision to break the rules.
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.
Using the App on someone else’s Device
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You accept that you will be personally responsible for complying with these terms, whether or not you own the phone or other device.
Using a device which can be accessed and/or is used by another individual may put your Data at risk. Cupris does not recommend that you use the App on a device owned or accessed by any other individual and will 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 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.
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/or for generating aggregated data and/or reports which relate to your usage of the app or usage of it by users more generally.
Our responsibility for loss or damage suffered by you
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 your Data by any other user of the App (Professional or otherwise) nor for any misuse of your Data caused as a result of actions by third parties (such as hackers).
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.
The App is for domestic and private use. 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.
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.