App and Website Terms of Use

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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR APP AND WEBSITE

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1. What's in these terms?

1.1. These terms tell you the rules for using our app and website.

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2. Who we are and how to contact us

2.1. The Beanbag App is a mobile and web application ("our app") that is available to download from the Apple App Store and Google Play Store and available online at app.beanbaghealth.com. We also have a website available at www.beanbaghealth.com ("our site"). Our app and our site are operated by Beanbag Health Limited. (‘We’). We are registered in England and Wales under company
number 14084841 and have our registered office at 1 Champion Grove, London SE5 8BW, United Kingdom. We are a limited company.
2.2. To contact us, please email support@beanbaghealth.com.

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3. By using our app and site you accept these terms

3.1. By using our app and site, you confirm that you accept these terms of use and that you agree to comply with them.
3.2. If you do not agree to these terms, you must not use our app or site.

3.3. We recommend that you print a copy of these terms for future reference.
3.4. The app and the site are not tailored to comply with industry-specific regulations outside the UK (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would
be subjected to such laws, you may not use the app or the site. You may not use the app or the site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

3.5. The app is intended for use by users who are at least 16 years of age. If you are below this age, you must not use the app.

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4. There are other terms that may apply to you

4.1. These terms of use refer to the following additional terms, which also apply to your use of our app and site:
(a) Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our app, you consent to such processing and you warrant that all data provided by you is accurate.
(b) Our Acceptable Use Policy. We do not currently have an Acceptable Use Policy because users of the app are not able to interact with other users. We reserve the right to introduce such a policy at any time.

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5. We may make changes to these terms

5.1. We amend these terms from time to time. Every time you wish to use our app or site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 24th August 2023.

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6. We may make changes to our app and site

6.1. We may update and change our app and site from time to time to reflect changes to our products, our users' needs, and our business priorities. We will try to give you reasonable notice of any major changes.

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7. We may suspend or withdraw our app and site

7.1. We do not guarantee that our app or site, or any content on either, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our app or site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

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8. You must keep your account details safe

8.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
8.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
8.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@beanbaghealth.com.

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9. How you may use material in our app and on our site

9.1. We are the owner or the licensee of all intellectual property rights in our app and site, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2. Where the app or site allows you to download extracts or for you or your supporters to opt-in to receive emails, this is for the personal use of you or your supporters.

9.3. You must not use any part of the content on our app or site for commercial purposes without obtaining a licence to do so from us or our licensors.
9.4. If you print off, copy or download any part of our app or site in breach of these terms of use, your right to use our app and site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10. Mobile application licence

10.1. We grant you a revocable, non-exclusive, non-transferable, limited right to install and use our app on wireless electronic devices owned or controlled by you, and to access and use the app on such devices strictly in accordance with these Terms of Use.
10.2. You shall not, except permitted by applicable law:
(a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the app;
(b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the app;
(c) violate any applicable laws, rules, or regulations in connection with your access or use of the app;
(d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark)posted by us or the licensors of the app;
(e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;

(g) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(h) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the app.
10.3. The following terms apply when you use a mobile application obtained from the Apple Store or Google Play Store (an “App Distributor”) to access the app:

(a) the licence granted to you for our app is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS operating system or Google Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

(b) we are responsible for providing any maintenance and support services with respect to the app as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

(c) in the event of any failure of our app to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the app, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the app;

(d) you represent and warrant that

(i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and

(ii) you are not listed on any U.S. government list of prohibited or restricted parties;

(e) you must comply with applicable third-party terms of agreement when using the app, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the app; and

(f) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this app licence contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this app licence contained in these Terms of Use against you as a third-party beneficiary thereof.

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11. Medical disclaimer: Do not rely on information on this app or site

11.1. The content on our app and site is provided for general information only and to provide tools for recovery from eating, exercise and body image issues. It is not intended to amount to medical or professional treatment or advice on which you should rely. You must obtain professional or specialist advice from your physician or an appropriate clinician before taking, or refraining from, any action on the basis of the content on our app or site.
11.2. Our app should not be used as a medical device or as a substitute for professional medical advice or be used to make decisions about your health. We cannot answer any medical queries through the app, the site, via email or any other means.
11.3. Our app, its functions and content is intended to support the relationship between you and your healthcare providers, not to replace it. We are not responsible for any consequences of your having read or been informed about any advice or other materials in our app or site as you assume full responsibility for your decisions and actions.
11.4. Although we make reasonable efforts to update the information on our app and site, we make no representations, warranties or guarantees, whether express or implied, that the content on our app or site is accurate, complete, or up to date.

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12. We are not responsible for websites we link to

12.1. Where our app or site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may
obtain from them.
12.2. We have no control over the contents of those sites or resources.

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13. Our responsibility for loss or damage suffered by you

13.1. 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 and for fraud or fraudulent misrepresentation.
13.2 Please note that we only provide our app for domestic and private use. You agree not to use our app or site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, 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.

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14. Uploading content to our app or site

14.1. Whenever you make use of a feature that allows you to upload content to our app or site, or to make contact with other users of our app or site, you must comply with
the content standards set out in our Acceptable Use Policy [Acceptable Use Policy Domain Address].
14.2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
14.3. Any content you upload to our app or site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our app and site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the section below "Rights you are giving us to use material you upload".
14.4. We also have the right to disclose your identity to any third party who is claiming
that any content posted or uploaded by you to our app or site constitutes a violation of their intellectual property rights, or of their right to privacy.

14.5. We have the right to remove any posting you make on our app or site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

14.6. You are solely responsible for securing and backing up your content.

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15. Rights you are giving us to use material you upload

15.1. When you upload or post content to our app or site, you grant us the following rights to use that content: (a) a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user generated content in connection with the service provided by the app and site and across different media including to promote the app and site or the service to expire when the user deletes content from the site or app; (b) a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners, or advertisers to use the content for their purposes to expire when the user deletes content from the site or app.

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16. We are not responsible for viruses and you must not introduce them

16.1. We do not guarantee that our app or site will be secure or free from bugs or viruses.
16.2. You are responsible for configuring your information technology, computer programmes and platform to access our app and site. You should use your own virus protection software.
16.3. You must not misuse our app or site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our app or site, the server on which our app or site is stored or any server, computer or database connected to our app and site. You must not attack our app or site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our app and site will cease immediately.

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17. Rules about linking to our site

17.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
17.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
17.3. You must not establish a link to our site in any website that is not owned by you.
17.4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
17.5. We reserve the right to withdraw linking permission without notice.
17.6. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
17.7. If you wish to link to or make any use of content on our site other than that set out above, please contact support@beanbaghealth.com.

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18. Which country's laws apply to any disputes?

18.1. These terms of use, their subject matter, and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may
also bring proceedings in Northern Ireland, and if you are resident of Scotland, you
may also bring proceedings in Scotland.
18.2. If you wish to raise a complaint with us regarding the app or the site, you can do so by emailing support@beanbaghealth.com.

18.3. If you are a resident of California and if any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)445-1254.