Koa Foundations application end-user license agreement
Summary End User License Agreement - Reading time 2 mins
This summary helps you to quickly understand the main points of the Agreement. It is provided for convenience only and is not legally binding. Because it does not replace the full Agreement, which explains your responsibilities and legal rights, please read the full Agreement to understand the complete picture.
We are Koa Health.
We provide Foundations to you to support and maintain general health and wellness. This Agreement is between you and us.
Foundations only supports your general health and wellness.
It is not a medical device and it does not replace your doctor’s advice. You should always talk to your doctor if you have any concerns about your health. Foundations is not for use in the diagnosis or the cure, mitigation, treatment, or prevention of disease, or a replacement for in-person care.
You should only use Foundations for yourself.
Do not try to copy Foundations, sell it to someone else, or use it to break the law.
You need to be 16 or over to use Foundations.
By using Foundations you are telling us that you are at least 16 years old.
Foundations works best when it’s updated.
Sometimes we’ll automatically update Foundations, or ask you to update it. This will be to improve the Product in some way (for example, to make it more secure). When this happens older versions of Foundations might not work anymore.
Foundations only uses the data it needs.
Your access to Foundations may be tied to your Community.
You may have access to Foundations through your Community (e.g., your employer), and they may tell us to end this Agreement with you. We will also end this Agreement if you do not follow its terms.
We provide Foundations for you ‘as is’.
We work hard to make Foundations great at supporting your health and wellbeing, but we cannot guarantee that it will be effective for you.
We are not responsible if you misuse Foundations.
If you do not follow the terms of this Agreement, and that causes harm to someone else, you cannot hold us responsible.
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 JB, Amsterdam, The Netherlands. We license you to use: the Foundations mobile application software (the "App"), the Foundations web version (the “Web App”), and any updates or supplements to these (collectively known as the "Product"), as permitted in these terms.
The Perceived Stress Scale is used in the Product 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 Product 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 Product. In the event of any conflict with such additional terms and these terms, these terms shall prevail.
2. Who can use the Product
You must be 16 years of age, or older, to sign up as a registered user of the Product. By registering to use the Product you confirm that you meet this condition.
3. Understanding the Product
The Product 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 Product 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 Product 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 Product (as described on the Foundations website or on the Apple App Store or Google Play Store) meet your requirements. No statements made about this Product have been evaluated by any national competent authority.
For the avoidance of doubt, the Perceived Stress Scale and resulting score which may be generated in a Product 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.
Any digital journal functionality in a Product 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.
4. Your health and the Product
The Product is not a medical device. The Product and any information and/or services provided by the Product 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. We make no promise that the Product 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 Product. Any content found in or via the Product 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 Product.
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 Product.
5. Your privacy
6. Operating system requirements
The Foundations App requires a smartphone running operating system iOS 10 and above or Android 6 and above. The Web App requires an up-to-date Google Chrome (84 & above), Firefox (72.0 & above), Safari (El Capitan or above) or Edge (1.2.0 & above) browser.
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 Product, 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 firstname.lastname@example.org. If we have to contact you we will do so by sending a push notification via the Product or by sending an email to the email address you used to register for the Product.
9. How you may, and may not use the Product
In return for your agreeing to comply with these terms you may:
- use a copy of the Product, i.e. 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/or access the Web App from your browser; and
- receive and use any supplementary software code or updates of the Product incorporating 'patches' and corrections of errors as we may provide to you.
In connection with your use of the Product, you must not:
- use the Product for any purposes other than your own personal use;
- use the Product 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 Product or any operating system;
- infringe our intellectual property rights or those of any third party in relation to your use of the Product, 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 Product or related materials;
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Product;
- use the Product 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 Product or our systems or attempt to decipher any transmissions to or from the servers running any service;
- download the Product 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 Product in any form, in whole or in part to any person without prior written consent from us;
- copy the Product, except as part of the normal use of the Product 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 Product, nor permit the Product or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Product 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 Product fail to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Product.
The Product 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 Product with details of the change, or by sending an email to the email address you used to register for the Product. If you do not accept the notified changes you should not continue to use the Product.
12. Updates to the Product
From time to time we may automatically update the Product to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Product 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 Product.
13. We are not responsible for other websites you link to
If the Product 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 Product; (b) in its content; and/or (c) developed through research and development related to your use of the Product, throughout the world, belongs or shall belong to us (or our licensors) and the rights in the Product are licensed (not sold) to you. You have no intellectual property rights in, or to, the Product, or its content, other than the right to use them in accordance with these terms.
Any Contribution you submit on the Product 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 Product 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 license these rights to our suppliers, for the following purposes:
- to display and store the Contributions within the Product; and
- to enhance the functionality and/or improve performance of the Product.
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.
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
We are responsible to you for foreseeable loss and damage caused by us from the use of the Product by you or any user of the Product or its contents. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us.
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.
If defective digital content which 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 which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The Product is for domestic and private use. If you use the Product 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.
17. We may end your right to use the Product at any time
We may end your access to the Product 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.
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 Product in the English courts.
Effective from: December 2021