ELFY APPS LIMITED USER AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING THE APP. YOU SHOULD SAVE AND/OR PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
This agreement (Agreement) is a legal agreement between you (you) and ELFy Apps Limited of Suite 9, Reaver House, 12 East Street, Epsom, Surrey KT17 1HX (us or we) for the ELFy App IOS/Android version software, the data supplied with the software, and the associated media (App).
We license use of the App to you on the basis of this Agreement and subject to any rules or policies applied by the appstore provider or operator from whose site (Appstore), you downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.
The content of ELFy apps is reviewed every six months in order to ensure that the information provided is up to date.
Please contact us via our website www.elfy-apps.comto report any issues
Agreed terms
1. Acknowledgements
1.1 The terms of this Agreement apply to the App and any of the services accessible through the App (Services), including any updates or supplements to the App or any of the Services.
1.2 We may change these terms at any time by notifying you of a change when you next start the App. 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.
1.3 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.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2 (Devices) 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 Agreement for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.5 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.
1.6 User data is only stored on the user’s device and any personal information you enter in your (optional) App profile is not collected or stored by us in any way. We cannot guarantee the security of any personal information you enter in the App and the saving of such personal information is at your own risk. The App is not password protected and so we recommend that you use the security features of the Devices to prevent unauthorised access to personal information saved on the App.
1.7 The App contains links to other independent third-party websites that provide useful resources (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.8 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.
2. Grant and scope of licence
2.1 In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms and the Appstore Rules, incorporated into this Agreement by reference. We reserve all other rights.
2.2 You may download or stream a copy of the App onto and to view, use and display the App on the Devices for your personal purposes only..
3. Limitation of liability
3.1 You acknowledge that the App and Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the content, facilities and functions of the App meet your requirements.
3.2 Neither the App nor us can provide medical advice or assistance and your use of the App and Services cannot be considered a substitute or alternative to advice, diagnosis or treatment from your doctor, pharmacist or other healthcare professional. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, the App or Services or use of or reliance on any content, facilities or function of the App.
3.3 The condition information and action plan contained in the App is provided for general information only and is generic information published by third parties and therefore may not be relevant or suitable to your specific condition or personal requirements and is not intended to amount to advice or information on which you should rely. Although we make reasonable efforts to ensure the condition information and action plan is up-to-date and obtained from reputable sources we do not review the content of the condition information and therefore we make no representations, warranties or guarantees, whether express or implied, that the content of the App, the condition information, the action plan and the information and references therein is true, accurate, complete, not misleading or in accordance with the current best practices. The condition information and action plan is not intended to substitute the expertise and judgement of, or information given to you by, your doctor, pharmacist or other healthcare professional and is not an endorsement or recommendation of any advice or opinion expressed within. You must always consult your doctor, pharmacists or other healthcare professional and obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the App.
3.4 In the event of an emergency you should always seek immediate medical attention. You should never delay seeking medical attention, disregard medical advice or discontinue treatment on the basis of the content of the App.
3.5 The App reminder system and any alerts created by it rely entirely on the accuracy of your inputs and/or the inputs of your doctor, pharmacist, other healthcare professional or carer and those inputs are not in any way reviewed or approved by either the App or us. The App reminder system and any alerts created by it are intended to serve as a supplementary reminder to take medication and should not be relied upon by you as the sole or primary method of remembering to take your medication.
3.6 We do not guarantee that the App or Services, or any content, facility or function, will always be available, error free or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the App or Services without notice. We will not be liable to you if for any reason the App or Services is unavailable at any time or for any period.
3.7 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes.
3.8 Nothing in this Agreement shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
4. Licence restrictions
Except as expressly set out in this Agreement or as permitted by any local law, you agree:
(a) not to copy the App except where such copying is incidental to normal use of the App;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) 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;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App;
(e) not to 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; and
(f) 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.
5. Acceptable use restrictions
You must: