C-Score – End User License Agreement
C-Score is joint enterprise between us, Chelsea Digital Ventures Limited, and Huma Therapeutics Limited, a UK-based healthcare technology company that partners with scientists, technologists and healthcare professionals to understand, treat and ultimately prevent ill health.
This is the end user licence agreement for the C-Score mobile App, which is made available by us, Chelsea Digital Ventures Limited. This agreement is made between you and us, CDV. When the terms “we”, “us” and “our” are used in this agreement, this refers to CDV. If you want to learn more about the C-Score, how it’s calculated and what it means, please read these FAQs.
The C-Score mobile App (the App) is made available by us, Chelsea Digital Ventures Limited, a company registered in England under company number 11630296, with its registered office at Stamford Bridge, Fulham Road, London, United Kingdom, SW6 1HS, and VAT number 726 0650 49.
Understanding these terms
- Some words in these Terms have specific meanings. When they do, they start with capital letters (even if they are not at the start of a sentence). You can find the meaning for each defined term the first time it appears, in bold and in brackets. It means this each time it's used.
- This end user licence agreement (the Terms) sets out the contract terms that apply to your use of the C-Score App. The C-Score App allows you to get a snapshot of your overall health by taking the C-Score, a measure of your general health.
Really Important Terms
Please read all of the Terms, they are all important. However, there are some really important terms
we’d recommend you take note of and we’ve repeated them here:
- You must be (and you promise that you are) at least 18 years old to download and use the App.
- The App and the information in it is provided for general information purposes only. They are not intended to amount to advice on which you should rely. We don’t guarantee that the App or its content will help you achieve any particular results.
- Similarly, your C-Score is only intended to be a general measure of health. It’s not a medical assessment (for example, it can’t take into account any pre-existing conditions you may have) and should not replace a visit to your healthcare practitioner.
- The transmission and receipt of our content, in whole or in part, or communication via the App, the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and us.
- We will not be liable to you for any loss or damage suffered as a result of your reliance on your C-Score, the App or any information in it.
- The App may from time to time contain third party content or links to third party websites. We’ll let you know when you’re looking at third party content. We have no responsibility for the accuracy or usefulness of any third party content or third party websites. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms of that third party website.
- Please read all of the Terms, they are all important. However, there are some really important terms we’d recommend you take note of and we’ve repeated them here:
The App and the Content
- We do not guarantee that the App will always be available or be uninterrupted, and access to the App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any of the App without notice and will not be liable to you if for any reason the App is unavailable at any time or for any period. We may update and/or change the content of the App at any time.
- Access to the App is free at the moment but we do not guarantee that access and use of the App will remain free and we may introduce features or make changes so that parts of the App are no longer free.
- You are responsible for making all arrangements necessary for you to have access to the App, including all the hardware and software necessary to access, receive and view the App. The App requires a smartphone or other mobile device running either the iOS or Android operating systems and, to download the App and to access the latest features, you will need internet access. You are also responsible for ensuring that all persons who access the App through your internet connection are aware of these Terms and that they comply with them.
- The App and the information in it is provided for general information purposes only. They are not intended to amount to advice on which you should rely. We don’t guarantee that the App or its content will help you achieve any particular results. Similarly, your C-Score is only intended to be a general measure of health. It’s not a medical assessment (for example, it can’t take into account any pre-existing conditions you may have) and should not replace a visit to your healthcare practitioner.
- The transmission and receipt of our content, in whole or in part, or communication via the App, the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and us. You expressly agree that we are not providing medical advice via the App. Should you have any health-related questions, please call or see your physician or other healthcare provider promptly.
- You must be (and you promise that you are) at least 18 years old to download and use the App.
- You agree that you shall co-operate with us in all matters relating to the App.
You agree that you shall not:
- use the App or its content in any way which might infringe any third party rights, including third party intellectual property rights;
- archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, frame, mirror, scrape, or use (except as explicitly authorised in these Terms) content and information contained on or obtained from or through the App;
- use the App to develop or provide, directly or indirectly, any product or service that competes with our business;
- use or scrape the App by automated means, including for the purposes of scraping, extracting or otherwise obtaining any material from the App;
- use the App in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms;
- infringe our intellectual property rights in relation to your use of the App (to the extent that such use is not licensed under these Terms);
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- collect or harvest any information or data from the App or our systems or attempt to decipher any transmission to or from the servers running the App;
- copy, or otherwise reproduce or re-sell any part of the App unless expressly permitted to do so in these Terms;
- disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;
- rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
- 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; and
- provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us.
- You will make sure that you comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
- You acknowledge that you have no right to have access to the App in source-code form.
- We do not guarantee that the App will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the App and we recommend that you use your own virus protection software.
- You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack our platforms via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit criminal offences. We may 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 the App will cease immediately.
- We grant to you a non-transferable, non-exclusive, revocable licence to use the App on your own compatible device provided that you comply with the terms of these Terms and the documents referred to in them. We reserve all other rights.
- We, or our content providers, are the owners or license holders of all intellectual property rights in C-Score (including the App). You acknowledge and agree that nothing in these Terms shall be construed so as to transfer any intellectual property rights in C-Score (including the App) to you.
- You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms.
- You must not use the App (or any part of it or its content) for commercial purposes; however, you may download material from the App solely for non-commercial, personal use by you.
- No part of the App, including, without limitation, the text, designs, graphics, photographs and images contained in them, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
- Any communications or materials you send to us through in connection with the App by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
Nothing in these Terms excludes or limits our liability for:
- any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
- death or personal injury caused by our negligence; and
- fraud or fraudulent misrepresentation.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accepted these Terms.
- Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens Advice Bureau or Trading Standards Office.
- We only supply the App for private use. You agree not to use the App 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.
- We are not liable for any loss or damage suffered by you as a result of your negligence whilst using the App.
- Our aggregate liability to you in respect of any loss or damage suffered and arising out of or in connection with these Terms and/or your use of the App, whether in contract, tort (including negligence) or otherwise shall not exceed £100.
Suspension and Termination
If you breach any of the terms of these Terms or we reasonably believe that your use of the App is
infringing or is likely to infringe any third party rights or you are in any other way committing
fraudulent activity in the use of the App, we may immediately do any or all of the following (without
- issue a warning to you;
- temporarily or permanently withdraw your right to use the App (or any part of it);
- issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
- take further legal action against you; and/or
- disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
- all rights granted to you under these Terms in respect of the App and/or website shall cease;
- you must immediately cease all activities in respect of the App and/or website; and
- in respect of the App, you must immediately delete or remove the App from all your devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
Changes to these terms
- We may make minor changes to these terms at any time and we’ll post an update to these terms on the App, so please check back regularly: the date at the bottom of these terms will tell you when we last changed them. We may make more significant changes to these Terms from time to time as long as we give you no less than ten days' prior notice.
- From time to time updates to the App may be issued through the relevant App store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
Other Important Information
- Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, 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.
- These Terms are made between you and us. No other person shall have any rights to enforce any of its terms except for any person to whom the benefit of these Terms is assigned or transferred in accordance with section 10.
- Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- We may transfer our rights and obligations under these Terms in whole or in part at any time to any third party without your consent in accordance with section 10.3.
In the event that we transfer our rights and obligations to a third party:
- we shall give you advance written notice of such transfer;
- these Terms shall remain in full force and effect as if you had entered into these Terms with the third party as opposed to us; and
- all your rights arising from these Terms shall be enforceable against the third party.
Governing Law and Jurisdiction
- These Terms are governed by English law. This means that your access to and use of the App and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
- You may bring any dispute which may arise under these Terms to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State or otherwise the competent court of England.
- As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including section 11.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
- If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any
re-occurrence in the future. You can always contact us by using the following details:
Address: Stamford Bridge, Fulham Road, London, United Kingdom, SW6 1HS
Email address: firstname.lastname@example.org
Terms last updated 7th December 2020
Additional App Terms
The following terms and conditions shall apply to your use of the C-Score App in addition to those set out in these Terms.
For the purpose of this appendix 1, "Appstore Provider" means the provider of the App store through which you have downloaded C-Score (for example, Apple is the Appstore Provider if you have downloaded the C-Score App from the Apple App Store, Google is the Appstore Provider if you have downloaded the C-Score App from Google Play, etc).
- You acknowledge and agree that these Terms have been concluded between you and us, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the C-Score App and its content.
- You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the C-Score App. Should you have any problems in using the C-Score App, please contact us at email@example.com.
- In the event that the C-Score App does not conform with any product warranty provided for by these Terms, the Appstore Provider may provide you with a refund of the price that you paid to purchase the C-Score App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the C-Score App.
- You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the C-Score App, including (without limitation): product liability claims; any claim that the C-Score App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
- In the event that a third party claims that the C-Score App infringes its intellectual property rights, we (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.
- You warrant and represent 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.
- If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third party beneficiary.