Koa Foundations application end-user licence agreement

PLEASE READ THESE TERMS CAREFULLY

1. Who we are and what this agreement does

We are Koa Health B.V., a company registered in the Netherlands (registered number 78707838) with registered address at Prins Bernhardplein 200, 1097 JV, Amsterdam, The Netherlands. We license you to use: the Foundations mobile application software (the "App") and any updates or supplements to it, as permitted in these terms.

The Perceived Stress Scale is used in the App with the permission of the American Sociological Association, from Cohen, S., Kamarck, T., & Mermelstein, R. (1983). A global measure of perceived stress. Journal of Health and Social Behavior, 24, 385-396.

The App may have been introduced to you by your employer, university, insurer, healthcare provider or similar (each known as a "Community"). In some cases, your Community may supplement these terms with their own terms and conditions. In such event, these Community terms and conditions shall also apply to your use of the App. In the event of any conflict with such additional terms and these terms, these terms shall prevail.

2. Who can use the app

You must be 16 years of age, or older, to sign up as a registered user of the App. By registering to use the App you confirm that you meet this condition.

3. Understanding the app

The App is intended to help you manage your stress by allowing you to have a better idea of how stressed you think you are and providing you access to content that may be of interest to you.

The App has not been developed to meet your individual requirements. Where we refer to a personalized plan, this means that we have used your user preferences (and other users’ preferences) for the App to identify and present the information which may be most relevant to you, but no information is returned based on personalized health advice for you. All information provided to you is for general guidance only and we do not make any representation about or accept any responsibility for its accuracy, suitability, completeness or reliability. Please check that the facilities and functions of the App (as described on the Apple App Store or Google Play Store) meet your requirements. No statements made about this App have been evaluated by any national competent authority.

For the avoidance of doubt, the Perceived Stress Scale and resulting score generated in the App is indicative of how stressed you perceive yourself to be. It is not a diagnosis of how stressed you may be and should not be relied on as such.

The digital journal functionality in the App is not monitored by us or any third party and you accept that we are not liable in any way for its content or any acts or omissions in respect of such content.

When accessing certain relaxation activities within the App, you may be presented with the option to track your heart rate and breathing rate during the course of the activity. This feature may be made available to different groups of users at different times. The tracking of your heart rate and breathing rate while doing a relaxation exercise is optional and only intended to give you an indication of whether the exercise is helping you to physically relax as demonstrated by slowing your heart rate and breathing rate. You will need to opt in and provide your consent to enable this functionality (as set out in our privacy policy). We do not make any representation or warranty as to the accuracy of such tracking. The App does not assess whether your heart rate or breathing rate are at safe levels or provide any alerts or diagnostic or prognosis information regarding your heart rate or breathing rate to you, us or any third party.This functionality should not be used or relied on to monitor any cardiac, respiratory or other disease.

4. Your health and the app

The App is not a medical device. The App and any information and/or services provided by the App are not intended to be used in the detection, diagnosis, prevention, monitoring, prediction, prognosis, therapy, treatment or alleviation of any condition, disease or vital physiological processes or for the transmission of time sensitive health information. Any monitoring of your heart rate or breathing rate by the App is purely to assess the effect of the relevant relaxation activity on your general wellbeing. We make no promise that the App will provide any benefit to your mental or physical wellbeing. You should consult your doctor or appropriate healthcare professional before starting a new exercise regime or making changes to your diet, or taking any decisions or doing (or not doing) anything related to a healthcare problem or issue, and your doctor’s advice must take precedence over the content of this App. Any content found in or via the App is available only for your convenience and is not a substitute for, nor should it be treated as, medical advice and it should not be relied on. You should never disregard or delay seeking medical advice because of information obtained through use of the App.

If you are concerned about your stress, or if you are pregnant, or if you have any other concerns or questions about your health or medicines, you should always consult your doctor. If you have an existing mental health condition, you should check with your doctor before using the App.

5. Your privacy

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

6. Operating system requirements

This App requires a smartphone running operating system iOS 10 and above or Android 6 and above.

7. Appstore's terms may also apply

The ways in which you can use the App may also be controlled by the rules and policies of the application outlet (eg the Apple App Store or Google Play Store) from which you downloaded the App. In such a case, those terms may apply instead of these terms where there are differences between the two.

8. Contacting each other

If you want to learn more about the App, or have any problems using it, or think it is faulty or mis-described, or otherwise wish to contact us for any other reason, please contact us by emailing foundations@koahealth.com. If we have to contact you we will do so by sending a push notification via the App or by sending an email to the email address you used to register for the App.

9. How you may, and may not use the app

In return for your agreeing to comply with these terms you may:

  • download a copy of the App onto your smart phone and view, use and display the App on such devices for the purpose of your personal use only; and
  • receive and use any supplementary software code or updates of the App incorporating 'patches' and corrections of errors as we may provide to you.

In connection with your use of the App, you must not:

  • use the App for any purposes other than your own personal use;
  • use the App 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 or any operating system;
  • infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • remove, alter, or obscure any copyright, trade mark or other proprietary notice appearing in the App or related materials;
  • transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
  • use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any service;
  • download the App onto any phone or other device not owned by you, without the owner’s permission to do so. In such a case, you will be responsible for complying with these terms, whether or not you own the phone or other device;
  • rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
  • copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms; or
  • disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App fail to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

10. Warranties

The App is provided on an 'as-is' basis, without warranties of any kind, either express or implied, including without limitation, implied warranties of fitness for a particular purpose or non-infringement.

11. Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will let you know about any change by sending you a notification via the App with details of the change, or by sending an email to the email address you used to register for the App. If you do not accept the notified changes you should not continue to use the App.

12. Updates to the app

From time to time we may automatically update the App 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.

If the App contains links to other independent websites which are not provided by us, you acknowledge such websites are outside of our control and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

14. Intellectual property rights

All intellectual property rights (a) in the App; (b) in its content; and/or (c) developed through research and development related to your use of the App, throughout the world, belongs or shall belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, or its content, other than the right to use them in accordance with these terms.

Any Contribution you submit on the App remains your property, but we will use your Contribution for the purposes described below. ‘Contribution(s)’ means anything that you post on or upload to the App or send to us, including any photographs, text, video or audio clips, comments, or posts.

When you upload or provide Contributions, you grant to us a perpetual, royalty-free, worldwide, non-exclusive right to use those Contributions, including the right to sub-licence these rights to our suppliers, for the following purposes:

  • to display and store the Contributions within the App; and
  • to enhance the functionality and/or improve performance of the App.

You waive all ‘moral rights’ in the materials (‘moral rights’ are described in the Copyright, Designs and Patents Act 1988) to allow the above uses.

15. Indemnity

You agree to indemnify and hold us and our officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or any applicable laws, regulations or third party rights.

16. Our responsibility for loss or damage suffered by you

To the fullest extent permitted by applicable laws, we disclaim all liability and responsibility arising from the use of, and any reliance placed on any materials in, the App by you or any user of the App or its contents.

Therefore, to the fullest extent applicable permitted by applicable laws, we, our affiliates, officers, directors, employees, licensors or any third parties exclude liability for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of goodwill and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) arising out of the use of or inability to use the App, even if you have advised us about the possibility of such loss. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then our aggregate liability (including any of our affiliates, officers, directors, employees, licensors or any third parties) under such circumstance for liabilities that otherwise would have been limited, shall (to the extent permissible by law) not exceed the amount of £50.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so, such as in respect of death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

17. We may end your right to use the app at any time

We may end your access to the App at any time and without notifying you. This includes, but is not limited to, where:

  • our arrangement with your Community (as defined at paragraph 1) ends; and/or
  • you break these terms in a serious way.

18. General

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

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.

We may transfer our rights and obligations under this agreement to another company, firm or person at any time as long as it does not materially affect your rights. You may not transfer your rights or obligations under this agreement to anyone else.

These terms are governed by English law and you can bring legal proceedings in respect of the App in the English courts.

Effective from: November 5, 2020