Insight App Limited
Last Updated: Apr
2024
- Interpretation and
Definitions
- Interpretation: The words of which the initial letter is capitalized
have meanings defined under the following conditions. The following
definitions shall have the same meaning regardless of whether they
appear in singular or in plural.
- Definitions: For the purposes of this End-User License
Agreement:
- "Agreement" means this End-User
License Agreement that forms the entire agreement between You and the
Company regarding the use of the Application. This EULA was produced
with the help of TermsFeed EULA Generator.
- "Application" or “App” means the
software program provided by the Company downloaded by You through an
Application Store's account to a Device.
- "Application Store" means the
digital distribution service operated and developed by Apple Inc. (Apple
App Store) or Google Inc. (Google Play Store) or any other available
platform by which the Application has been downloaded to your
Device.
- "Company" (referred to as either
"the Company," "We," "Us," or "Our" in this Agreement) refers to Insight
App Limited, a registered company in England and Wales with Company
number: 13653972.
- "Content" refers to content such as
text, images, or other information that can be posted, uploaded, linked
to, or otherwise made available by You, regardless of the form of that
content.
- "Country" refers to: England.
- "Device" means any device that can
access the Application, such as a computer, a mobile phone, or a digital
tablet.
- "Family Sharing / Family Group"
permits You to share applications downloaded through the Application
Store with other family members by allowing them to view and download
each other's eligible Applications to their associated Devices.
- "Third-Party Services" means any
services or content (including data, information, applications, and
other products/services) provided by a third-party that may be
displayed, included, or made available by the Application.
- "You" means the individual accessing
or using the Application or the company or other legal entity on behalf
of which such individual is accessing or using the Application, as
applicable.
- Acknowledgment
- By clicking the "I Agree" button,
downloading or using the Application, You are agreeing to be bound by
the terms and conditions of this Agreement. If You do not agree to the
terms of this Agreement, do not click on the "I Agree" button, do not
download or do not use the Application.
- This Agreement is a legal document
between You and the Company and it governs your use of the Application
made available to You by the Company.
- This Agreement is between You and
the Company only and not with the Application Store. Therefore, the
Company is solely responsible for the Application and its content.
Although the Application Store is not a party to this Agreement, it has
the right to enforce it against You as a third-party beneficiary
relating to your use of the Application.
- Since the Application can be
accessed and used by other users via, for example, Family Sharing /
Family Group or volume purchasing, the use of the Application by those
users is expressly subject to this Agreement.
- The Application is licensed, not
sold, to You by the Company for use strictly in accordance with the
terms of this Agreement.
- License
- Scope of License: The Company grants You a revocable, non-exclusive,
non-transferable, limited license to download, install, and use the
Application strictly in accordance with the terms of this
Agreement.
- License Restrictions: You agree not to, and You will not permit others
to:
- License, sell, rent, lease, assign,
distribute, transmit, host, outsource, disclose, or otherwise
commercially exploit the Application or make the Application available
to any third party.
- Remove, alter, or obscure any
proprietary notice (including any notice of copyright or trademark) of
the Company or its affiliates, partners, suppliers, or the licensors of
the Application.
- Intellectual Property
- The Company has necessary
intellectual property rights and licenses to use, modify, develop or
publish over the App to make it available to you.
- The Company shall not be obligated
to indemnify or defend You with respect to any third party claim arising
out of or relating to the Application. To the extent the Company is
required to provide indemnification by applicable law, the Company, not
the Application Store, shall be solely responsible for the
investigation, defense, settlement, and discharge of any claim that the
Application or your use of it infringes any third party intellectual
property rights.
- No Intention to provide medical
advice whatsoever
- WE EMPHASIZE THAT THE APP, ITS
FEATURES, AND CONTENT ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE,
DIAGNOSIS, OR TREATMENT.
- We clarify that the Company is not a
licensed medical care provider, and the App does not replace
professional medical advice or serve as a tool for diagnosing, treating,
or managing any illness, medical condition, or contraception. Users are
strongly advised to consult with a licensed physician or qualified
healthcare provider before making any decisions or taking actions that
may affect their health, safety, or that of their family or fetus.
Ignoring professional medical advice or delaying seeking it based on
information obtained from the App is strongly discouraged. Users are
urged to consult their healthcare professional for any questions,
concerns, or changes in their health status. In case of a medical
emergency, users are advised to contact emergency services or visit the
nearest open emergency room immediately.
- The Company absolves itself of
liability for any errors, omissions, unintended technical inaccuracies,
or typographical errors present in the provided materials. Additionally,
the Company disclaim responsibility for any violation of ethical or
moral standards applicable to sexual education and related materials in
the user's community.
- The Company disclose that some
translations on our app or website are powered by machine learning and
artificial intelligence. The Company disclaims all warranties related to
these translations, including accuracy, reliability, and fitness for a
particular purpose, whether expressed or implied.
- While the Company’s goal is to
enhance accessibility to health-related information for your benefit,
it's important to understand that the App does not guarantee
improvements or outcomes related to health.
- Your use of the App and any
information, forecasts, or recommendations provided are solely at your
own risk. We do not provide any guarantee or warranty regarding the
accuracy of the data, information, estimates, and predictions presented
through the App. It is important to recognize that the App is not
designed to replicate or fulfill the same role as a medical or
scientific device, or a healthcare provider.
- Modifications to the
Application
- The Company reserves the right to
modify, suspend, or discontinue, temporarily or permanently, the
Application or any service to which it connects, with or without notice
and without liability to You.
- Notwithstanding the foregoing, You
are responsible for complying with the updated terms posted online at
the Company’s website even if these updated terms appear online at the
Company’s website before being posted on the Application. Your continued
use of the Application after Company publishes notice of changes to this
EULA indicates Your consent to the updated terms.
- Updates to the Application
- The Company may from time to time
provide enhancements or improvements to the features/functionality of
the Application, which may include patches, bug fixes, updates,
upgrades, and other modifications.
- Updates may modify or delete certain
features and/or functionalities of the Application. You agree that the
Company has no obligation to (i) provide any Updates or (ii) continue to
provide or enable any particular features and/or functionalities of the
Application to You.
- You further agree that all updates
or any other modifications will be (i) deemed to constitute an integral
part of the Application and (ii) subject to the terms and conditions of
this Agreement.
- Maintenance and Support
- The Company does not provide any
maintenance or support for the download and use of the Application. To
the extent that any maintenance or support is required by applicable
law, the Company, not the Application Store, shall be obligated to
furnish any such maintenance or support.
- Third-Party Services
- The Application may display,
include, or make available third-party content (including data,
information, applications, and other products/services) or provide links
to third-party websites or services.
- You acknowledge and agree that the
Company shall not be responsible for any Third-party Services, including
their accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality, or any other aspect thereof. The
Company does not assume and shall not have any liability or
responsibility to You or any other person or entity for any Third-party
Services.
- You must comply with applicable
Third parties' Terms of agreement when using the Application.
Third-party Services and links thereto are provided solely as a
convenience to You, and You access and use them entirely at your own
risk and subject to such third parties' Terms and conditions.
- Subscription and Application Store
Terms
- Subscription Services: We may
provide you with the option to purchase subscriptions granting access to
specific content, products, or services for a defined duration.
- Certain content, products, or
services included in subscriptions may undergo changes over time. This
could involve the introduction of new features, the enhancement of
existing offerings, or the retirement of features that prove
ineffective. The availability of features and content within the App may
vary based on factors such as country, language, app store, version, or
device.
- By utilizing the App, you
acknowledge that your purchases are not contingent upon the provision of
future functionality or features, nor are they dependent on any oral or
written public statements or comments made by the App regarding such
functionality or features.
- The App is accessible via
third-party platform operators such as the Apple App Store and Google
Play Store. Consequently, when making a purchase, you may enter into a
separate agreement with the respective third-party service provider
operating your app store, subject to their terms and conditions.
Depending on the terms and conditions of the respective third-party
service provider, you may need to pursue cancellation or revocation
rights with these service providers.
- Privacy
- Under data protection legislation,
we are required to provide You with certain information about who we
are, how we process your personal data and for what purposes and your
rights in relation to your personal data and how to exercise them. This
information is provided in our Privacy Policy and it is important that
you read that information.
- Please take care when disclosing any
information about yourself on or through the Application. A known risk
of the public internet is people not necessarily being who they say they
are, or behaving in an unreliable, misleading or illegal way. We cannot
control information You choose to provide to other users, where the
Application include facilities for You to interact with others. We
strongly recommend that You exercise caution, act sensibly and not
disclose any information which You do not wish to have disseminated into
the wider public internet. Any disclosures of your information by You to
other users are made by You at your own risk. Once information is
disclosed by You in this way, it may not be possible for us to prevent
its dissemination over the public internet.
- Term and Termination
- Term: This Agreement shall remain in effect until terminated
by You or the Company. The Company may, in its sole discretion, at any
time and for any or no reason, suspend or terminate this Agreement with
or without prior notice.
- Termination: This Agreement will terminate immediately, without
prior notice from the Company, in the event that you fail to comply with
any provision of this Agreement. You may also terminate this Agreement
by deleting the Application and all copies thereof from your Device or
from your computer.
- Upon termination of this Agreement,
You shall cease all use of the Application and delete all copies of the
Application from your Device.
- Termination of this Agreement will
not limit any of the Company's rights or remedies at law or in equity in
case of breach by You (during the term of this Agreement) of any of your
obligations under the present Agreement.
- Indemnification
- You agree to indemnify and hold the
Company and its parents, subsidiaries, affiliates, officers, employees,
agents, partners, and licensors (if any) harmless from any claim or
demand, including reasonable attorneys' fees, due to or arising out of
your:
- Use of the Application;
- Violation of this Agreement or any
law or regulation; or
- Violation of any right of a third
party.
- No Warranties
- The Application is provided to You
"AS IS" and "AS AVAILABLE" and with all faults and defects without
warranty of any kind. To the maximum extent permitted under applicable
law, the Company, on its own behalf and on behalf of its affiliates and
its and their respective licensors and service providers, expressly
disclaims all warranties, whether express, implied, statutory, or
otherwise, with respect to the Application. To the extent any warranty
exists under law that cannot be disclaimed, the Company, not the
Application Store, shall be solely responsible for such warranty.
- Limitation of Liability
- Notwithstanding any damages that You
might incur, the entire liability of the Company and any of its
suppliers under any provision of this Agreement and your exclusive
remedy for all of the foregoing shall be limited to the amount actually
paid by You for the Application or through the Application or 100 USD if
You haven't purchased anything through the Application.
- Severability and Waiver
- Severability: If any provision of this Agreement is held to be
unenforceable or invalid, such provision will be changed and interpreted
to accomplish the objectives of such provision to the greatest extent
possible under applicable law, and the remaining provisions will
continue in full force and effect.
- Waiver: Except as provided herein, the failure to exercise a
right or to require performance of an obligation under this Agreement
shall not affect a party's ability to exercise such right or require
such performance at any time thereafter nor shall the waiver of a breach
constitute a waiver of any subsequent breach.
- Product Claims
- The Company does not make any
warranties concerning the Application. To the extent You have any claim
arising from or relating to your use of the Application, the Company,
not the Application Store, is responsible for addressing any such
claims, which may include, but not limited to:
- Any product liability claims;
- Any claim that the Application fails
to conform to any applicable legal or regulatory requirement; and
- Any claim arising under consumer
protection, or similar legislation.
- United States Legal
Compliance
- You represent and warrant
that:
- You are not located in a country
that is subject to the 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.
- Changes to this Agreement
- The Company reserves the right, at
its sole discretion, to modify or replace this Agreement at any time. If
a revision is material, we will provide at least 30 days' notice prior
to any new terms taking effect. What constitutes a material change will
be determined at the sole discretion of the Company.
- By continuing to access or use the
Application after any revisions become effective, You agree to be bound
by the revised terms. If You do not agree to the new terms, You are no
longer authorized to use the Application.
- Governing Law
- The laws of the Country, excluding
its conflicts of law rules, shall govern this Agreement and your use of
the Application. Your use of the Application may also be subject to
other local, state, national, or international laws.
- Entire Agreement
- The Agreement constitutes the entire
agreement between You and the Company regarding your use of the
Application and supersedes all prior and contemporaneous written or oral
agreements between You and the Company.
- You may be subject to additional
terms and conditions that apply when You use or purchase other Company's
services, which the Company will provide to You at the time of
such use or
purchase.
- Contact Us
If you have any questions about this Agreement,
You can contact Us: