CirrhoCare® Terms of use – Version 2.1
Updated date: 18 Apr 2023
CirrhoCare® TERMS OF USE AND END USER LICENCE AGREEMENT
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE “ACCEPT” BUTTON, YOU AGREE THAT THESE TERMS WILL BIND YOU AND CONSENT TO PROCESS YOUR PERSONAL DATA THROUGH YOUR USE OF THE APP IN ACCORDANCE WITH OUR PRIVACY POLICY.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR DO NOT AGREE THAT YOUR PERSONAL DATA CAN BE PROCESSED IN ACCORDANCE WITH OUR PRIVACY POLICY, YOU SHOULD UNINSTALL THE SOFTWARE.
Who we are and what this agreement does:
We, CyberLiver® Limited (08052630), whose registered office is on the First Floor, Burnells, 5 Garland Road, Stanmore, Middlesex, HA7 1NR (CyberLiver®) the owner of the App and license you to use the app and the Documentation in accordance with these terms.
You must be 18 to accept these terms and use the app
You must be 18 or over to accept these terms and download the App.
App/PlayStore store’s terms also apply.
How you can use the App and Documentation may also be controlled by the terms of the App Store or Play Store (depending on where you have downloaded the App (the Appstore or Playstore Terms). If there is any conflict between these terms and the Appstore or Playstore Terms, these terms will prevail.
Your Privacy
The privacy policy published at https://cirrhocare.com/privacy sets out how your personal data is collected using the App.
The Privacy Policy is incorporated into these terms, and by agreeing to these terms, you agree to the collection and use of your personal data in accordance with the Privacy Policy.
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.
Indications for use
CirrhoCare® is intended for out-of-hospital specialist hepatology management follow-up of adult cirrhosis patients ages 18 and older. CirrhoCare® is intended to identify new preventable decompensation events [such as dehydration (acute kidney injury), new accumulation of ascites, infection or hepatic encephalopathy] for a healthcare provider to take immediate clinical action, allowing the opportunity for early outpatient-based interventions.
CirrhoCare® is intended for active remote management for up to 3 months. In patients who remain stable on CirrhoCare® for up to 3 months, a more standard medium-term outpatient clinical follow-up pathway can be resumed. For those who remain unstable or with signs of frequent new complications, management can be continued beyond 3 months.
Exclusion of Warranties
To the greatest extent permitted by law:
- we exclude all warranties in relation to the provision of the App and the Documentation, which are provided on an “as is” basis with no warranty provided as to their fitness for purpose or that they are of satisfactory quality or that they will be error-free
- we do not warrant the accuracy, reliability or availability of the App or the Documentation
- we do not warrant the accuracy of the App’s content, documentation, or outcomes resulting from such errors.
Data costs
You acknowledge that the App (including, but not limited to, downloading Documentation) may incur data charges with your network provider, including the initial download, installation or subsequent use of features which require “over the air” data transfers or internet connection. Such data charges will depend on your agreement with your data provider, and you agree to be solely responsible for such charges. We strongly advise you to check what charges will apply to your account BEFORE using the CirrhoCare® App.
Intellectual property rights
All intellectual property rights in the App and the Documentation, and the name CyberLiver®, CirrhoCare® and its services worldwide belong to CyberLiver®. The rights in the App are licensed (not sold) to you.
You have no intellectual property rights in, or to, the App and the Documentation other than the right to use them in accordance with these terms. If you provide any feedback in relation to the App and/or the Documentation, you agree that all intellectual property rights in relation to such feedback, and any alterations that may be made to the App and/or the Documentation as a result, will belong to CyberLiver®.
Operating system requirements
This app requires a smartphone device with the following minimum configuration.
iPhone – iPhone 8 and above, running on iOS 14 and above
Android – Phones running Android 10 and above, Minimum 3 GB RAM
For more information, please visit https://cirrhocare.com/compatibility
This app is unsupported or might not work correctly on smartphones with lower configurations than we specified above. The app is unavailable on Windows, Blackberry, and other custom operating systems. This app is not specifically designed for tablets or iPad, and running the app on these devices is not recommended.
Mandatory app settings:
We need to turn off Battery optimisation settings for the CirrhoCare® app, which will prompt until you disable this in your phone settings. This is a mandatory requirement to deliver the services of the CirrhoCare® app, as the app is also designed to work offline.
Push notifications: Push notifications have to be mandatorily turned on for the CirrhoCare® app. Turning off push notifications might result in disabling the use of therapy thereafter. You will not receive any push notifications if you continue to use CirrhoCare® after completing your prescribed therapy period unless CirrhoCare® is re-prescribed by your Clinician/Specialist.
You may not transfer the App to someone else.
We are giving you personally the right to use the App. You may not otherwise transfer the App to someone else, whether for money, anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Changes to these terms
We may need to change these terms occasionally, including to reflect changes in law or best practices or to deal with additional features we introduce.
We will give you reasonable notice of any change by sending you an email with details or notifying you of a change when you next start the App.
If you do not accept the changes, please uninstall the App. If you continue to use the App after we have changed these terms, you will be deemed to have agreed to those changes.
Update to the App and changes to the Service
Occasionally, we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. You agree that we may automatically provide such updates.
Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or opt out of automatic updates, you may be unable to continue using the App.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
Acceptable use restrictions
You must not:
- Use the App in any unlawful manner, for any illegal 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, any Service or any operating system;
- infringe our intellectual property rights or those of CyberLiver® or any third party in relation to your use of the App (to the extent that these terms do not license such use);
- not transmit any illegal material, defamatory, offensive or which we consider being otherwise objectionable in relation to your use of the App or which contains any advertising or promotion of any services
- not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any services that we provide through the App.
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 the App on and related software, hardware, and peripherals to improve our products and services.
We may collect location data (but you can turn location services off)
The App will make use of location data sent from your devices. We request your consent during signup to allow us to collect location data, and you can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use the App, you consent to us and our affiliates, licensors (including CyberLiver®) and licensees’ transmitting, collecting, retaining, maintaining, processing and using your location data and queries to provide and improve location-based products and services.
We are not responsible for other websites you link to
The App may contain links to other independent websites 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 privacy policies (if any).
You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services they offer.
License Restrictions
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available the App in any form, in whole or in part, to any person without prior written consent from us;
- not copy the App and/or the Documentation;
- not translate, merge, adapt, vary, alter or modify the whole or any part of the App or the Documentation, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent permitted by law;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
Your indemnity to us – please read.
You agree to indemnify and keep indemnified CyberLiver® in relation to any losses or damages (including fines, penalties and costs (including legal expenses)) suffered or incurred by them due to any breach of these terms by you.
Our responsibility for loss or damage suffered by you – please read
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.
We will not be liable to you for indirect or consequential loss. This includes loss or corruption of your data, loss of goodwill and/or inability to access the App (or any part of it) and/or the Documentation.
To the fullest extent permitted by law, we exclude any liability to you with respect to your use of the App and the Documentation.
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 you could have avoided by following our advice to apply an update offered to you free of charge, for damage caused by your failure to follow installation instructions correctly or to have the minimum system requirements advised in place by us. Our liability under this clause is subject to the cap on our liability to you as set out below.
We 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, we will have no liability to you for any loss of profit, business interruption, or loss of business opportunity.
Our liability to you is capped. If we are held liable to you in relation to the supply of the App and/or the Documentation in accordance with these terms, you agree that our total liability under or in connection with these terms will be capped at £50.
Limitations to the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether expressed or implied, that such information is accurate, complete or up to date.
Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the App Store or Play Store) meet your needs.
We are not responsible for events outside our control. If an event outside our control delays the provision of our support for the App, 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. Provided we 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.
HOW WILL WE CONTACT EACH OTHER
Contact us (including with complaints). If you think the App or the Service is faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at [email protected].
How we will communicate with you. We will do so by email or SMS using your contact details if we have to contact you.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms, you may:
- Download a copy of the CirrhoCare® App onto one handheld device onto which the App may be downloaded and view, use and display the App on such device for your personal purposes only and use any Documentation to support your permitted use of the App.
- Receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide you.
We may end your rights to use the App if you break these terms
We may terminate your rights to use the App anytime by contacting you if you have seriously broken these terms. If what you have done can be put right, we will give you a reasonable opportunity.
If we end your rights to use the App:
- You must stop all activities authorised by these terms, including using the App.
- You must delete or remove the App from all devices in your possession.
- We may cease providing you with access to the App.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. If this happens, we will always tell you in writing and ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or obligations under these terms to another person if we agree in writing.
No rights for third parties
CyberLiver® may enforce any of these terms that confer any benefit (expressly or impliedly). Otherwise, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.
The rest will continue if a court finds part of this contract illegal.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides they are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay enforcing this contract, we can still enforce it later.
Even if we delay enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay taking steps against you regarding breaking this contract, that will not mean that you do not have to do those things. It will not prevent us from taking steps against you later.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law, and you can bring legal proceedings regarding the products in the English and Welsh courts.
Contact Us
If you have any questions about how we use your personal data or want to exercise your rights over your information, you can email us on [email protected]
Terms Information
These terms were last updated on the 1st of August 2020. We may update it at any time. Please refer to this page for the latest Terms of use for CirrhoCare®.