MoveMed – (App) Terms and Conditions
Effective Date: March 2023
Please read the following terms carefully.
Who are we and what our contract covers
We are MoveMed Limited, a company registered in England and Wales with company number 12815255 and have our registered office at 10 Wellington Street, Cambridge, England, CB1 1HW. Our main trading address is 10 Wellington Street, Cambridge, England, CB1 1HW. To contact us, please email legal@movemed.io.
The following terms and conditions (“Terms of Use”), govern your access to and use of the MoveMed Software Application (“App”), including any content, functionality, or other output (defined below). These Terms of Use are a legally binding contract between you and us regarding your use of the App.
Who can use the App?
The App is offered and available to users who meet the following conditions:
● HCP users: A healthcare professional or researcher (an “HCP”) working for an organisation who has a contract or partnership, with MoveMed Limited and under that contract the App is made available to the organisation for either research use or use to support clinical trials (an “Organisational Contract”); or
● Patient users: An adult patient enrolled on a clinical trial being run by MoveMed Limited or an organisation with an Organisational Contract; and in either use they have been given authorisation by the relevant organisation to use the App.
By using the App, you agree that you meet the requirements set out above. If you do not meet these requirements, you must not access or use the App.
It is your responsibility to enter information into the App accurately and in English in order to use the service provided by the App.
What our contract does not cover
The App is no substitute for a diagnosis or medical treatment.
The App collects information on patient users’ performance in certain tests and their responses to health-related questionnaires in order to enable researchers, doctors, and patient users to learn more about how this information can be used to monitor their condition.
At this stage the App is a beta version only and does not diagnose any health conditions, provide input to inform medical advice or determine medical action. Nevertheless, it is being developed based on clinical observation of neuro-muscular diseases and the tests that we consider likely to help understand them. We assume no legal obligation to follow up with individual users.
Outputs
Patient users will be able to access the information they input onto the App. HCP users will be able to use data inputted onto the App by patient users for whose treatment or diagnosis they are responsible or who are enrolled in trials that they are involved in or running. MoveMed will also retain indefinitely an anonymised copy of the information inputted onto the App, which will exclude patient names, email and IP addresses, their telephone number or any relevant patient or trial ID. Information may be presented in different formats as described/identified by the user instructions on the App.
Information should not be used to substitute professional advice. If you are a patient user please consult an HCP before making any healthcare decisions or seeking guidance about specific medical conditions.
Please note that we cannot guarantee the accuracy of data outputs as it depends on the responses given to the questions and the beta version of the App which you are using remains in a testing stage .
Your privacy
Before you continue using the App, please read our Privacy Policy (link) regarding how we collect and use user data. It will help you to better understand our practices. We need you to be comfortable with this and to consent to the collection and use of your data before you use the App.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. We do, however, make reasonable efforts to prevent such interception and never sell your data to third parties for direct marketing purposes.
How you may use the App
In return for your agreeing to comply with these terms, you may view, use and display the App, including the digital application software, the data supplied with the software, and any updates or supplements to it, for your personal purposes only.
You must be over 18 years old to accept these terms.
We are giving you personally the right to use the App as set out above. You may not transfer access rights to the App to someone else, whether for money, for anything else, or for free.
Please note that in some cases the App may not be displayed correctly on your device for technical reasons. We will try to help you through our technical support process. However, we may not be able to ensure that the App is displayed properly in all cases.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or have any problems using it, please take a look at our support resources at [www.movemed.io/support].
Contacting us (including with complaints). If you think the App is faulty or not well described, or you wish to contact us for any other reason, please email our service team at support@movemed.io.
How we will communicate with you. If we have to contact you, we will do so by email, text message or in-app notifications, using the contact details you have provided to us.
Updates to the App
From time to time we may automatically update the App and change our service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
We may collect technical data about your device
By using the App, you agree to us collecting and using technical information about the devices you use and related software, hardware and peripherals to improve our products and to provide any services to you.
We are not responsible for other websites you link to
The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies.
You will need to make your own decision about whether to use any such independent sites, including whether to buy or use any products or services offered by them.
Intellectual property rights and licensing restrictions
All intellectual property rights in the App and any related documentation throughout the world belong to us. This includes rights to the name MoveMed and our logo, the App digital application software, the data supplied with the software and any updates or supplements to it, and all documentation available through or generated by the App. You are permitted to use the App only as set out in these terms. You have no intellectual property rights in, or to, the App or any related documentation other than the right to use them in accordance with these terms.
You agree that you will not:
● copy the App or any related documentation, except as part of normal use;
● translate, merge, adapt, vary, alter or modify, the whole or any part of the App or any related documentation, or permit the App to be combined with, or become incorporated in, any other programs, except as necessary to use the App as permitted in these terms; and
● disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App.
Acceptable use restrictions
You must not:
● 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 (to the extent that such use is not licensed by these terms);
● 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; or
● collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the App.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. 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 these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
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 or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that was caused by you failing to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for non-commercial use only. 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.
Limitations to the App. The App does not offer medical advice on which you should rely. Patient users must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained through use of the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We are not responsible for events outside our control. If our provision of support for the App is interrupted, suspended or delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or other disruption.
We may end your rights to use the App if you break these terms
We may end your right to use the App at any time by contacting you if you have broken these terms. If what you have done can be put right we will give you a reasonable opportunity to do so. If we end your rights to use the App you must stop all activities authorised by these terms, including your use of the App.
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 notify you of any material changes when you next start the App. If you do not wish to accept the notified changes you should stop using the App.
We may transfer this contract to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If this happens you may stop using the App.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing. In the unlikely event that you wish to transfer your rights and obligations under these terms to another person please get in contact to explain your situation.
If a court finds part of this contract illegal, the rest will continue in force
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.
Applicable law
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English or Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Agreement
In using our systems you will, by accessing, using, or registering with the App, confirm that you have read and understood and agree to these terms. If you are not eligible to use the App or do not agree to these terms, then you do not have permission to use the App.
I Agree
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