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Terms of services

 

This End User Licence Agreement (this “Agreement”) is made between Bet On Me Ltd of 273/287 Regent Street, London, England, W1B 2HA  – company registration number 11942752 (“Bet on Me”, “we”, “us”) and yourself, the person that clicks to accept the terms outlined in this Agreement (“you”, “your”).

We do not transfer any ownership of the App or Documentation to you and we shall remain the owners of the Software and Documentation at all times. For the purpose of this Agreement, Bet on Me are a licensor and you are the licensee of the App and Documentation.

Bet on Me has agreed to license you access to the App for the Permitted Purpose on the terms of this Agreement.

NOT A MEDICAL DEVICE

The Bet on Me App called RecoverMe is not and should not be used as a medical device or in place of professional medical advice. The apps help guide you and is to be used as a tool for self-reflection. It should not be used as a diagnostic or therapeutic tool. The data which is collected from the app cannot be used to diagnose any illnesses.

All information on our apps and website has been created as an educational resource and should not be used as a substitute for proper and personalised professional medical advice or be used to make decisions about your health.  Bet on Me cannot answer any medical queries either through the apps or via email or any other means.

 

PLEASE READ THIS AGREEMENT CAREFULLY AS UPON YOUR ACCEPTANCE A CONTRACT WILL BE FORMED BETWEEN BET ON ME AND YOU.

 

1- DEFINITIONS AND INTERPRETATION

1.1The definitions and rules of interpretation in this clause apply in this Agreement.

Aggregated Data: means data created for analysis, statistical or research purposes by us, that that has been anonymised to the standard outlined in the ICO’s ‘Anonymisation: Managing Data Protection Risk – Code of Practice’ or such other standard of anonymisation for publication purposes;

App: the RecoverMe mobile application owned by Bet on Me, including all content including text, information, data, software, executable code, images, audio, or material in any medium or form provided to you.

App Store:  where applicable, the third party provider whether Apple or an Android provider you may download the App from

Fees: the fees payable in consideration for your access to the App as outlined from time to time on our Website.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use and protect preserve the confidentiality of, confidential information (including know-how), and all other intellectual property rights.

Payment Party: a third-party responsible for payment of Fees to Bet on Me for your access to the App.

Permitted Purpose: private, non-commercial and for general information purposes only, subject to this Agreement.

Services: the cognitive behavior therapy services provided by us, to you through the App and as outlined on the Website.

Usage Rules: the usages rules set forth in the Apple Media Services Terms and Conditions available online here or the relevant equivalent service terms provided the App Store.

Website: our website at recovermeapp.co.uk or such other website notified to the you from time to time.

 

2- GRANT OF LICENCE & RESTRICTIONS 

2.1In consideration for payment of the Fees either by you or a Payment Party (where applicable) and for the creation of Aggregated Data outlined in clause 8, Bet on Me hereby grants to you a non-transferable, non-exclusive, revocable, worldwide licence to use the App on any compatible device that you own or control.  Your licence shall also be subject to your acceptance and compliance with the Usage Rules.

2.2The licence granted to you is strictly limited to, and you shall use the App solely for, the Permitted Purpose. You may not rent, lease, lend, sell, redistribute, sublicense or commercially exploit the App or make the App available to any third party.

2.3You may not copy (except as expressly permitted by this Agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App).

2.4You shall not modify, rent, lease, loan, sell, distribute, or create derivative works based on the App, in any manner or attempt to do so, and you shall not exploit the App in any unauthorised way whatsoever.

2.5You agree not to use the App in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Bet on Me is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the App. 



2.6You acknowledge that this Agreement is entered You and Bet on Me. Although the App is downloaded to your device from an App Store, they are not a party to this Agreement and have no obligation to provide any maintenance and support services with respect to the App.

2.7Your use of the App constitutes acceptance of the terms of the Agreement which may be amended from time to time by Bet on Me. Bet on Me reserves the right to change or modify this Agreement or any other policies related to use of the App at any time. Continued use of the App following the posting of these changes or modifications will constitute acceptance of such changes or modifications. 



 

3- BET ON ME’S OBLIGATIONS AND RIGHTS 

3.1Bet on Me may require you to cease any or all use of the App if it reasonably believes that your use of this App infringes the Intellectual Property Rights of any third party or breaches any applicable law or regulation. In this instance, Bet on Me may, at its option either:

3.1.1provide you with alternative content so as to avoid the infringement;

3.1.2suspend your access to the App temporarily until a solution to the infringement is identified; or

3.1.3terminate this Agreement immediately on written notice.

4- YOUR OBLIGATIONS AND RIGHTS

4.1You shall comply with all applicable laws in performing your obligations and your rights under this Agreement.

4.2The App is designed for use and is operated by Bet on Me in the United Kingdom. We make no warranties or representations that use of the App and our Service is lawful or available for use in any jurisdictions outside of the United Kingdom.  If you access the App and therefore our Services outside of the United Kingdom, then you are responsible for ensuring that you comply with the local laws and regulations in your country.

4.3You shall not infringe any Intellectual Property Rights in existence at any time in respect of the App.

4.4If you become aware of any misuse of the App, or any security breach in connection with this Agreement that could compromise the security or integrity of the App or otherwise adversely affect us, you agree to promptly notify us and fully co-operate with us to remedy the issue as soon as reasonably practicable.   Bet on Me may suspend your access to the App until the misuse or security breach is remedied.

5- INTELLECTUAL PROPERTY AND DATA USE

5.1All Intellectual Property Rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no Intellectual Property Rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

5.2You agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. We may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to our customers.


5.3You acknowledge that in using the App, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. You agree that you are using the App at your own risk and that Bet on Me shall not have any liability to you for any content that may be found to be offensive, indecent, or objectionable.

 

6- THIRD PARTY LINKS AND MATERIALS

6.1The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control.

6.2You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

6.3You acknowledge that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any third-party materials or websites.

6.4Bet on Me does not warrant, endorse, does not assume and will not have any liability or responsibility to you or any other person for any such services, third-party materials or web sites, or for any other materials, products, or services of third parties. Third-party materials and links to other websites are provided solely as a convenience to you.

6.5Bet on Me makes no warranties as to the availability of any third-party materials or websites at any time or that such content is suitable or complies with your local laws or regulations.

 

7- WARRANTIES

7.1Each party warrants to the other that it has full power and authority to enter into and perform its obligations under this Agreement.

7.2Bet on Me warrants that as far as it is aware, the App does not infringe any third party's Intellectual Property Rights.

7.3Bet on Me does not warrant against any interference of your enjoyment of the App, that the functions contained in, or Services performed or provided by, the App will meet your requirements.

7.4Bet on Me makes no warranties that your use of the App or the Services will be uninterrupted or error-free, or that defects in the App or Services will be corrected.

7.5Bet on Me assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any communication.

7.6Bet on Me is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services.

7.7You expressly acknowledge and agree that your use of the App is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

7.8Whilst the App and the Services have been prepared using reasonable care and skill, no representations or warranties, express or implied, are made by Bet on Me concerning the applicability, suitability, accuracy or completeness of the information contained within the App and the Services.

 

8- YOUR PRIVACY AND AGGREGATED DATA

8.1This Agreement is made in consideration of you allowing us to create Aggregated Data through your use of the Services and in consideration of you receiving the benefit of the App and the Services from us.

8.2Under data protection legislation, we are required to provide you with certain information about who we are, how we process personal data, for what purposes, and your rights and how to exercise them. This information is provided in our Privacy Policy (recovermeapp.co.uk).

8.3During the provision of our Services, you acknowledge and consent to us creating Aggregated Data.  For the avoidance of doubt, all Intellectual Property Rights in the Aggregated Data shall at all times be owned by us and we shall be free use the Aggregated Data as and how we see fit.

8.4You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of App updates, product support and other services to you (if any) related to the App. We may use this information, as long as it is in a form that does not personally identify you, to improve our products and/or to provide services or technologies to our other customers.


 

9- TERMINATION

9.1Bet on Me may terminate this agreement immediately if:

9.1.1You fail to pay any amount due in connection with this Agreement (including Fees) or your use of the App in full; or

9.1.2Where a Payment Party is responsible for payment to Bet on Me for your use of the Services and the App and they fail to make such payment to us;

9.1.3You commit a material breach of your obligations under this Agreement which are incapable of remedy, or if capable of remedy, are not remedied within five days of Bet on Me giving written notice requiring the breach to be remedied; or

9.1.4You challenge or dispute Bet on Me’s ownership of, or rights in, the App, or the validity of those rights.

9.2On any expiration or termination of this Agreement:

9.2.1You must stop all activities authorised by this Agreement, including your use of the App and any Services.

9.2.2You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this upon request.

 

10- PAYMENT

10.1Access to the App is subject to the payment of the Fees, which will either be funded by the Payment Party or by you where you do not have a Payment Party.

10.2You will not be able to, and are not permitted to access the App before an arrangement for Fees has been made either by:

10.2.1you directly inputting your payment details on our Website; or

10.2.2Bet on Me having a contractual arrangement in place with the Payment Party.

10.3Where you yourself are responsible for payment of the Fees, you shall on before accessing the App, provide to Bet on Me, valid, up-to-date and complete credit card details acceptable to Bet on Me and any other relevant valid, up-to-date and complete contact and billing details and you hereby authorise Bet on Me to bill such credit card when the Fees fall due.

10.4If we have not received payment of the Fees or are unable to collect payment from you of the Fees on the due date, and without prejudice to any other rights and remedies of Bet on Me, we may, without liability to the you, disable your account and password you’re your access to all or part of the App and we shall be under no obligation to provide any or all of the Services while the Fees concerned remain unpaid; and

10.5All Fees and amounts stated or referred to in this Agreement:

10.5.1shall be payable in pounds sterling;

10.5.2are, non-cancellable and, in the absence of manifest error, non-refundable;

10.5.3are exclusive of value added tax, which shall be added to the Supplier's invoice(s) at the appropriate rate.

 

11- LIABILITY

11.1Bet on Me 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 or for fraud or fraudulent misrepresentation.

11.2Save where expressly provided, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law.

11.3To the maximum extent permitted by law, we shall not be liable to you in any way whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any liability, loss, cost, charges or other damages you incur through your use of the App and our Services.

11.4Bet on Me 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 this will be in breach of the terms of the agreement and we will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity arising.

11.5Bet on Me are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then Bet on Me will contact You as soon as possible to let You know and Bet on Me will take steps to minimise the effect of the delay. Provided Bet on Me do this, we will not be liable for delays caused by the event but if there is a risk of substantial delay You may contact us to end Your contract with us and receive a refund for any Services You have paid for but not received.

 

12- THIRD PARTY RIGHTS

12.1A person who is not a party to this Agreement shall not have any rights under or in connection with it.

13- ASSIGNMENT AND SUB-CONTRACTING

13.1You may only transfer your rights or your obligations under these terms to another person if Bet on Me agree in writing.

13.2Bet on Me may transfer their rights and obligations under these terms to another organisation. Bet on Me will always tell you in writing if this happens and will aim to ensure that the transfer will not affect your rights under the contract.

 

14- SEVERANCE

14.1If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent territory to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

 

15- NOTICES

15.1Any notice required to be given under this Agreement shall be in writing and shall be delivered by hand or sent to:

15.1.1Bet on Me (postal) – the address at the start of this Agreement;

15.1.2Bet on Me (email) – betonme@gmail.com;

15.1.3You (email) – the email address you name on the App.

 

16- NO RIGHTS FOR THIRD PARTIES

16.1This Agreement does not give rise to any rights to any third party under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

 

17- GOVERNING LAW AND JURISDICTION

17.1The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts to settle any claim or matter arising in relation to this agreement or its subject matter or formation (including non-contractual disputes or claims).

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