Mobile app end user license agreement (EULA)
These are the terms of license that apply to this application (and any update/upgrade to it) that we make available for download from the Apple App Store or the Google Play Store (App).
The services we offer through the App are provided subject to our Online Terms of Service. Use of your personal information submitted to or via the App is governed by our Privacy and Cookies Policy.
The App is provided by or on behalf of Future Health Works Ltd (we, us and our). We are a limited company, registered in England. Our registered company number is 09336986, and our registered office is at Unit 3, Spectrum House, 32-34 Gordon House Road, London, NW5 1LP, United Kingdom. Our VAT registration number is 209 2001 57.
BY DOWNLOADING, ACCESSING AND/OR USING THE APP, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.
We reserve the right to change these terms from time to time by notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the App. These terms were last updated on 12 November 2018.
Access to the App
You should only use this Application if:
- Your surgeon, doctor or other health professional (Surgeon) has recommended you download and use the Application as part of your surgery recovery process;
- You agree to download and use the Application as part of your recovery process; and
- You agree to provide your email address and telephone number to your Surgeon and agree that it can be shared with Future Health Works Ltd to the extent necessary to provide you with the Services.
The App is intended for use only by persons who are at least 13 years of age. By using the App, you confirm to us that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using the App.
The App may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the App you wish to download and to access and use the downloaded App.
You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. You accept responsibility, in accordance with these terms, for all access to, and use of, the App by you on any device, whether or not it is owned by you.
You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the App may charge for internet access (including mobile data usage) on that device.
We may, from time to time, restrict access to certain features, functions or content of, or services accessible through, the downloaded App to users who have registered with us. If you do not do so, you will be unable to use the applicable features, functions or content of, or access the applicable services through, the downloaded App. You must ensure that any registration details you provide are accurate.
If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using the App, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms or if any details you provide for the purposes of registering as a user prove to be false.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the App or that the App will respond at a certain speed (since this depends on a number of factors outside our control).
What you are allowed to do
You may only use the App for non-commercial, personal use, and only in accordance with these terms (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, the App) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.
Subject to the following sections, you may retrieve and display content from the App on a computer or mobile device and store the App in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in these terms, you are not allowed to:
republish, redistribute or re-transmit the App;
copy or store the App other than for your use as permitted by these terms and as may occur incidentally in the normal course of use of your browser or mobile device;
store the App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data other than User Content from the App;
remove or change any content of the App other than User Content or attempt to circumvent security or interfere with the proper working of the App or any server on which it is hosted;
use the App in a way that might damage our name or reputation or that of any of our affiliates; or
otherwise do anything that it is not expressly permitted by these terms.
All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.
To do anything with the App that is not expressly permitted by these terms, you will need a separate license from us. Please contact us, using the Contacting us details at the end of these terms.
Third party platform providers & application stores
Certain third party platform providers with whose devices and/or operating systems the App has/have been designed to be compatible oblige us to include certain additional provisions in these terms. These are set out at the end of these terms under Additional third party terms. These provisions come from the relevant third party platform providers, not us.
Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.
Intellectual property rights
We license, but do not sell, to you the App you download. We remain the owner of the App at all times.
All intellectual property rights in the App and in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), other than User Content, are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App.
The App may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source license terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the App contains any Open Source Software, that element only is licensed to you under the relevant license terms of the applicable third party licensor (Open Source License Terms) and not under these terms, and you accept and agree to be bound by such Open Source License Terms. A copy of the source code for any Open Source Software contained in any App and the relevant Open Source License Terms will be made available to you upon request.
App features & content
You agree that downloading, accessing and use of the App, since it is made available for download free of charge, are on an ‘as is’ and ‘as available’ basis and at your sole risk.
We reserve the right to change the format and features of the App by making the updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download the updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.
Where the App makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the App, with or without notice to you, if we need to do so for security, legal any other reasons.
Whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that the App may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by the App is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
The App is not a medical device
The App is not and is not to be attempted to be used as a medical device. The App helps to guide you as a patient through different stages of your recovery for information purposes only and must not be used as a proper diagnostic or therapeutic tool. The App only handles general patient-related data, which cannot be used to diagnose or prescribe treatment in your particular case. Only your doctor, surgeon or other personal health professional can do that.
The App does not provide medical advice
The App is provided for general information purposes only and does not provide medical advice. Any information in the App is designed as educational material and should not be taken as a recommendation for treatment of any particular person.
Although we try to personalise your experience by referring to possible individual circumstances, this should by no means be used as a substitute for professional medical advice, diagnosis or treatment, and should not be relied on to make decisions about your health.
Never ignore professional medical advice in seeking treatment because of something you have learned or seen using the App. As you continue to recover, you should continue being in touch with your surgeon or doctor as instructed by them.
The authors of any materials in the App have formulated the information available with a reasonable standard of accuracy. Except as expressly set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content in the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the App or relying on any of its content.
User Content must not:
contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable (“Prohibited Content”);
impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam); or
transmit or distribute any virus and/or other code that has contaminating or destructive elements.
The App may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Nothing in these terms shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
- for any other liability that, by law, may not be limited or excluded.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
We are not affiliated to, nor are we an agent of, your surgeon, doctor or other health professional and are not liable for any advice given to you by your doctor or surgeon, or other medical advisers or third parties.
All notices given by you to us must be given in writing to the address set out at the end of these terms.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on these terms may be concluded in the English language only and that no public filing requirements apply.
These terms shall be governed by English law, except that if you live in Scotland or Northern Ireland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
You agree that any dispute between you and us regarding these terms or the App will only be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
The European Online Dispute Resolution platform provides information about alternative dispute resolution which may be of interest.
Please submit any questions you have about these terms or any complaint or concern in relation to the App by email to firstname.lastname@example.org or write to us at:
Unit 3, Spectrum House, 32-34 Gordon House Road, London, NW5 1LP
Additional terms from third party platform providers
If the App that you download, access and/or use runs on Apple’s iOS operating system:
the App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
you acknowledge and agree that:
Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Apple, using the Contacting us details in these terms;
except as otherwise expressly set out in these terms, any claims relating to the possession or use of the App are between you and us (and not between you, or anyone else, and Apple);
in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
you represent and warrant that:
you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
you are not listed on any United States Government list of prohibited or restricted parties; and
if the App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content.