PLEASE READ CAREFULLY BEFORE USING THE APP
This end-user licence agreement (EULA) is a legal agreement between you (End-user
MEGA MEDS™ mobile application software, the data supplied with the software, and the associated media (the App); and
All associated materials, information and documentation relating to the App, whether supplied by us in hard copy or electronic format (the
the App and the Documents together the
Acceptance of this EULA:
We licence use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore), you downloaded the App (Appstore Rules). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
By downloading the App from the AppStore
CHARGES FOR USE OF SOFTWARE:
Save where specified below, you will not be charged for accessing or using the Deliverables. However, your access to and use of the Deliverables will be subject always to that access and use taking place in accordance with the terms of this EULA. We do not sell the Deliverables to you. We remain the owners of the Deliverables at all times.
Our App is operated by us. We are registered in Northern Ireland under company number NI619643 and have our registered office at 41 Mount Prospect Park, Belfast, County Antrim, BT9 7BG. Our VAT number is 224 3418 35. We are a limited company.
You should print or save a copy of this EULA for future reference.
The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service and your access to and use of any third party material, content or data accessible in or through your use of the App (Material). If any open-source software is included in the App or any Service, the terms of the relevant open-source licence may override some of the terms of this EULA.
We may change these terms at any time.
The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
You will be assumed to have obtained permission from the owners of any mobile telephone or other device on which the App may be used (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
The third party licence terms, available in Appendix
2 below (Third Party Licence Terms) are incorporated into this EULA by reference and apply to your use of the Deliverables, the Services and the Materials. Please be advised that further third party licence terms may apply, particularly in relation to your access to and use of the Material, and that these will also be binding upon you.
Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that 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.
By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
The App or any Service may allow you access to third party Material not produced by us. Third-party Material
is not under our control, and we are not responsible for and do not endorse it. The Material may be subject to separate third party licence terms. Your use of, or reliance on, any Material, takes place at your sole risk.
We reserve the right to amend our Services without warning. We will not be liable if for any reason our App is unavailable at any time or for any period.
You may link to our App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content or Material on our App other than that set out in this EULA, please contact us.
Any words following the terms
including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
GRANT AND SCOPE OF LICENCE
In consideration of you agreeing to abide by the terms of this EULA, we grant you a revocable, non-transferable, non-sub-licensable and non-exclusive licence to use the App on the Devices,
stream a copy of the App onto the Devices and to view, use and display the App on the Devices for your own personal use and enjoyment and for its functional purposes (as contemplated within the Documents) only; and
access and use the Documents to support your use of the App only.
Except as expressly set out in this EULA or
not to copy the Deliverables, except where such copying is incidental to normal use of the Deliverables, or where it is necessary for the purpose of back-up or operational security;
not to sell, resell, rent, lease, sub-licence , loan, translate, merge, adapt, vary or modify the Deliverables or the Material accessible through use of the Services;
not to make alterations to, or modifications of, the whole or any part of the
App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
not to, or to attempt to, disassemble, decompile, hack, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
is used only for the purpose of achieving inter-operability of the App with another software program;
is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
is not used to create any software that is substantially similar to, or has a substantially similar expression to, the App;
not to, or to
attempt to, defeat or overcome any encryption technology or security measures implemented by us with respect to the Deliverables or Services and/or data transmitted, processed or stored by us;
to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
to include our copyright notice on all entire and partial copies you make of the App on any medium;
to acknowledge all copyright subsisting in all data and content, including the Material, that you access through use of the Services;
not to copy, publish online, distribute to other people, mirror or frame any part of, or Material accessible through use of, our Services or our App. In particular, you may not screen scrape or by any other means attempt to gather the Material (or any other data) from our App or our Services for use other than on our App;
not to provide or otherwise make available the Deliverables in whole or in part (including object and source code), in any form to any person without prior written consent from us;
not to access our Services to build a competing product or to copy the features, functions or appearance of our Services; and
to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
ACCEPTABLE USE RESTRICTIONS
not use the Deliverables, the Materials or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the Deliverables, the Materials or any Service, including
in terms of the submission of any material (to the extent that such use is not licensed by this EULA);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security (or those of our third party suppliers or licensors) or interfere with other users;
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;
only use the Services, the Materials and the Deliverables sensibly, properly and in accordance with this EULA,
Acceptable Use Restrictions.
AND USING OUR APP – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
Our App is made available free of charge. We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. Access to our App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our App without notice. We will not be liable to you if for any reason our App is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our App. You are also responsible for ensuring that all persons who access our App through your internet connection are aware of this EULA of use and other applicable terms and conditions, and that they comply with them.
We may update our App from time to time, and may change the content at any time.
We make no representations, warranties or guarantees, whether express or implied, that the content on or accessible through our App, including the Material, is accurate, complete or up-to-date, or free from errors or omissions.
Our App is directed to people residing in the United Kingdom. We do not represent that content available on or through our App is appropriate or available in other locations. We may limit the availability of our App or any service or product described on our App to any person or geographic area at any time. If you choose to access our App from outside the United Kingdom, you do so at your own risk.
Our App is provided as a wellness and gaming
technology platform only. It is not, and is not intended to be, a medical tool or aid on which you should rely. IN PARTICULAR IT IS NOT intended to function as a reminder to take any medicines or drugs (or to recommend quantities or dosing of medicines or drugs), and it should not be used OR RELIED UPON for thOse purposes. WE ADVISE THAT YOU obtain specialist medical advice before taking, or refraining from, any action RELATED TO YOUR HEALTH, wellbeing or medical condition(s) on the basis of our App.
OUR APP is not intended to diagnose, treat, cure, or prevent any disease. We are not responsible for any health problems that may result from training programs, consultations, products, or activities that you learn about or undertake as a result of using our App. If you take any medicines or drugs in conjunction with your use of our App and Services then you agree that you do so at your own risk and are voluntarily participating in these activities.
We will not be responsible, or liable to any third party, for the content posted by you or any other user of our App. You are solely responsible for securing and backing up your content.
We do not guarantee that our App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our App. You should use your own virus protection software.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Deliverables, the Technology and the Material anywhere in the world belong to us, our third party licensors or other content providers, that rights in the Deliverables are licensed (not sold) to you, and that you have no rights in, or to, the Deliverables, the Technology or Material other than the right to use each of them in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to the App in source-code form.
Submissions that you input as are necessary for you to grant us the foregoing licence and right. You are responsible for ensuring that any Submissions that you input is compatible with our App and our Services. You are also responsible for taking any steps necessary for protecting the rights in the Submissions that you input. We do not accept responsibility for unauthorised use of the Submissions that you input which belongs to third parties.
LIMITATION OF LIABILITY
– YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements. In particular, we do not guarantee that the App is compliant with any regulatory or legal requirements to which you may be subject, or which may be in any way relevant to the purposes for the App may be used.
We only supply the Deliverables to you for your own personal use for their functional purposes, and not for any other purpose. To the extent permitted by law, we shall have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of data or any special, indirect or consequential loss howsoever arising. To the utmost extent permitted by law, we also exclude all conditions, warranties, representations or other terms which may apply to our App or any content on
it, whether express or implied.
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 7.4 but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
Our maximum aggregate liability under or in connection with this EULA (including
in respect of your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amounts actually paid by you or the organisation with which you are affiliated or by which you are licenced to use the App and the Services, in respect of the Services over the 12 month period immediately preceding the date of the relevant claim. This does not apply to the types of loss set out in condition 7.5.
Nothing in this EULA shall limit or exclude our liability for:
death or personal injury resulting from our negligence,
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
terms which cannot be excluded or limited under the Consumer Rights Act 2015 (if applicable);
any loss or damage you suffer that is or was a foreseeable result of our breach
this EULA, in the sense that it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this EULA; and
any other liability that cannot be excluded or limited by
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our App or to your downloading of any content on them, or on any website linked to them, or of any Material.
We may terminate this EULA immediately by written notice to you:
if you breach any part of this EULA;
if we reasonably decide that your use of the Services, Deliverables or the Material:
poses a security risk to us, you, or another person;
may adversely impact our App, our Services, the Material, the providers of that Material, you, or any other person; or
may cause us, you, or any other person to incur a liability;
if you attempt to transfer or use your account to/for another person; or
if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
You may terminate this EULA at any time by closing your account through your online account interface.
On termination or expiry of this EULA for any reason:
all rights granted to you under this EULA shall cease;
you must immediately cease all activities authorised by this EULA, including your use of any Services;
you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so;
we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services; and
we may delete the data related to you and your account, and this information will not be recoverable. It may take up to 90 days for this to be completed as it takes time to work through our systems. We will not be responsible to you for any data that is lost when your account closes. Please note that some material that you input into our systems may not be deleted, and that we may continue to use it in accordance with this EULA.
COMMUNICATION BETWEEN US
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail
to email@example.com. We may confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your registration for the App.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks or unavailability of data feeds or third party software (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
Please note that we do not provide support for the App and any queries relating to use of the App or issues around the Services should be reported back to the person by whom you were permitted to use this App, whether that be your healthcare provider or otherwise.
OTHER IMPORTANT TERMS
We may transfer
our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that this EULA, its subject matter and its formation, are governed by Northern Irish law. You and we both agree that the courts of Northern Ireland will have non-exclusive jurisdiction.
The terms are in English, and any contract and other communication between you and us shall be in English. The law requires that some of the information or communications we send to you is in writing.
You accept that communication with us will be mainly electronic, through
our App or by e-mail, and that this constitutes written communication.
When contacting you we will use the telephone, e-mail or postal address you provide to us when registering, or any replacement to those details that you have entered into your account on
Any official communication or notice from you to us should be sent to our postal and e-mail addresses shown at the top of this EULA.
our App and our Services; (ii) supersede all previous or contemporaneous representations, agreements or communications between you and us regarding our App or our Services. We will not be bound by any obligation, condition or other provision that is different from or in addition to those set out in this EULA unless authorised by one of our directors and specifically stated to be a variation to this EULA.
This agreement has been entered into on the date
We are committed to protecting and respecting your privacy. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat
For the purpose of the Data Protection Act 1998, we are the data controller. We are registered with the Information Commissioner’s Office for the processing of personal data under
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
Submitted Information: information that you provide when
If you contact us, we may keep a record of that correspondence;
Any data submitted in relation to surveys you undertake in connection with your use of the Deliverables and the Services; and
Details of transactions you carry out through our Services;
Authorisation and access to third party applications such as Google Analytics, Facebook Insights and data collected by these applications;
Details of your visits to any of
our App and use of our Services including, but not limited to, text that you upload, traffic data, location data, weblogs, search results and other communication data, whether this is required for our own billing purposes or otherwise) and the resources that you access.
Unique Application Numbers: when you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
Technical Information: Each time you visit one of
Third Party Information:
IP Addresses and Cookies
We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer or Device. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our
We may use third party cookies to enhance your user experience. Such third party cookies will be governed by their own terms and privacy policies, so you should read these before giving your consent to enable these third party cookies.
WHERE WE STORE YOUR INFORMATION
The data that we collect from you may be transferred to, and stored at, a destination outside the
Where we have given you (or where you have chosen) a password that enables you to access
Whilst we shall use reasonable commercial endeavours to store all information you provide to us safely and securely, unfortunately, the transmission of information via the internet, or storage of information digitally, is never completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us or
We may collect and store personal data on your computer or other device using application data caches and browser web storage (including HTML 5) and other technology.
USES MADE OF YOUR INFORMATION
We use information we collect or hold about you in the following ways:
to carry out our obligations arising from any contracts entered into between you and us
or us and the person by whom you are authorised to use the App;
to allow you to participate in interactive features offered by
the App, where you choose to do so;
to contact you to check on your progress in your use of our Services, and to discuss any subscription issues;
to ensure that content from our
App is presented in the most effective manner for you and for your computer or device;
to send you a newsletter or other marketing communication;
for the purposes of system administration;
to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
to report feedback and analysis on your performance;
to notify you about changes to our service;
where you are using the App as part of a clinical trial or investigation, for the purposes of that clinical trial and investigation, including publishing the results on an anonymised and aggregated basis; and
to anonymously participate in an online mass clinical trial, which includes publishing the results and comparing against trials conducted in hospital/self-care scenarios.
We do not disclose information about identifiable individuals to third parties, but we may provide them with
Please note that if you do withdraw your consent we may be unable to provide some or all of our services, and/or the use of Deliverables or Services, to you, and you accept and acknowledge that we have no liability to you in any such event.
DISCLOSURE OF YOUR INFORMATION
We may disclose your
We may disclose your
In the event that we sell or buy any business or assets, in which case we may disclose your data to the prospective seller or buyer of such business or assets.
Where reasonably required in order to use your information as outlined above, provided that we shall not typically disclose details of personal data (data identifying you personally) to third parties, but will rather release such data on an anonymised (and typically, but not exclusively, aggregated) basis.
If we or substantially all of our assets are acquired
by a third party, in which case data held by us about our customers will be one of the transferred assets.
If we are under a duty to disclose or share your data in order to comply with any legal or regulatory obligation or request, including with respect to requests regarding licensing of copyrighted content.
In order to:
enforce or apply the EULA, the Commercial Licence, and any other relevant agreements or to investigate potential breaches; or
protect our operation, rights, property or safety, that of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We will not provide your personal data to any third party (save as outlined above), including any marketing company or other commercial organisation, without your express consent.
ACCESS TO INFORMATION
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act, and you can contact us at our registered address as given above
You also have the right to ensure that we hold correct and up to date information. If you believe that any information we hold about you is incorrect or out of date, please contact us at
APPENDIX 2 – THIRD PARTY LICENCE TERMS
UTNotification – Unity Asset – Asset Store
EULA - https://unity3d.com/legal/as_terms
JSON .NET For Unity – Unity Asset – Asset Store EULA
DOTween – Unity Asset – Asset Store EULA
PlayerPrefsX – Unity Asset – AssetStore EULA
Log Viewer –
Unity Asset – AssetStore EULA - https://unity3d.com/legal/as_terms