AROai End User Licence Agreement

We, AROai Health Limited of Parkhill Studio, Walton Road, Wetherby LS22 5DZ, licence you to use:

1. The AROai Health and Wellbeing mobile application found at www.aroai.co.uk and the data supplied within it (the Application);
2. Any media associated with the Application (Documentation); and

Together, these are referred to as the Service.

We license the use of the Service to you on the terms of this End User Licence Agreement (EULA) for the duration of the beta phase. We do not sell it to you. We remain the owners of the Service at all times.

Operating system requirements:

The Application works best on a Chrome browser but is also fully supported on Safari and Edge browsers. Our aim is to support multiple browsers as we go forward.

1 Grant and scope

1.1 In consideration of and subject to you agreeing to comply with the terms of this EULA, the Licensor grants you a non-exclusive, limited, non-transferable, non-sublicensable licence to access and use the Services on any device for optimising your health and wellbeing (the Purpose) from the date that you accept this EULA, until terminated in accordance with clause 10.
1.2 You may:
- Access the Application via your browser and view, use and display it for the Purpose only.
- Use any Documentation to support your permitted use of the Application.

2. Restrictions and acceptable use

2.1 You must be 18 or over to download and use the Services.
2.2 If you access the Application on any 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.
2.3 You agree to accept and use any free supplementary software code or update of the Application incorporating "patches" and corrections of errors as we may provide to you.
2.4 Except as expressly set out in this EULA or as permitted by any local law, you undertake:
- (a) not to copy any part of the Service, except where such copying is incidental to normal use of the Service or where it is necessary for the purpose of back-up or operational security;
- (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whule or any part of the Service nor permit the Service or any part of it to be combined with any other programs;
- (c) to use the Service only for the Purpose;
- (d) not to transfer any part of the Service to a 3rd party for any reason. Should you sell any device from which you accessed the Service, you should irrevocably erase its memory before doing so.
- (e) to comply with all applicable laws and regulations.
2.5 You must not:
- (a) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously;
- (b) infringe our intellectual property rights or those of any 3rd party in relation to your use of the Service (to the extent that such use is not licensed by these terms);
- (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
- (d) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- (e) collect or harvest any information or data from any part of the Application, or our systems or attempt to decipher any transmissions to or from the servers running any part of the Service.

3. Feedback

3.1 You understand that we are providing access to the Service on an evaluation basis, with the expectation of receiving feedback from you on the usage and effectiveness of the Service.
3.2 You agree that:
- (a) We may have similar development ideas to those contained in your feedback;
- (b) Your feedback is not confidential or proprietary; and
- (c) We are granted a royalty-free, fully-paid, worldwide, exclusive, transferrable, sub-licensable, irrevocable, and perpetual licence to use or incorporate anything contained within any feedback that you provide into the Service.

4. Updates

4.1 From time to time, we may automatically update the Application to improve performance, enhance functionality, reflect changes to operating systems or address security issues.

5. Support

5.1 During this testing phase, support will be limited to fixing bugs and programming errors that are reported to us. We will provide further support for the Application only on a ‘reasonable efforts’ basis.

6. Intellectual Property

6.1 We confirm that we have full right, title, and interest to all code and other materials comprising the Service.
6.2 You acknowledge that all intellectual property rights subsisting in the Service belong to us, that any rights in the Service are licensed (not sold) to you, and that you have no Intellectual Property rights in the Service other than the right to use it in accordance with the terms of this EULA.
6.3 You have no right of access to the source code in respect of any part of the Service.
6.4 You will not, nor will you allow a 3rd party to:
- (a) Modify or create derivative works from any part of the Service;
- (b) Transfer, distribute, sublicense, lease, rent, loan or act as a service provider using any part of the Service;
- (c) Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Application;
- (d) Circumvent any security or access control mechanism of the Application; or
- (e) Remove, obscure or alter our copyright notices, trademarks or other proprietary rights notices affixed to or contained within any part of the Service.

7. Data Protection

7.1 We will comply with applicable Data Protection and Privacy laws and will process your personal information only as described in the Application Privacy Notice.

8. Disclaimers

8.1 The Service provided to you under this EULA is developmental and is provided on an “as is” basis, without indemnification, support, or warranty of any kind.
8.2 The Service has not been developed to meet your individual requirements. Please check that the facilities and functions of the Service (as described on the Application, and in any Documentation) meet your requirements.
8.3 We disclaim any other warranties in respect of any part of the Service (whether express, implied or otherwise) that are not included in this EULA, including, without limitation any warranties of fitness for purpose, title, and non-infringement.
8.4 Though we have used reasonable efforts to ensure that the Service is error or bug-free, we do not warrant that it is. You acknowledge this and accept that you access and use it at your own risk.

9. Liability

9.1 To the furthest extent permitted by law, you agree that we will not be liable to you, whether under contract, tort, or otherwise, for any damages occurring out of this EULA.
9.2 We do not accept any responsibility for any loss, damage, or injury resulting from your use of the Service.
9.3 Our Service may contain links to other independent websites not provided by us. These sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You should make your own independent judgement about whether to use these other sites.
9.4 We do not exclude or limit our liability to you where it would be unlawful to do so, which includes but is not limited to, liability for death or personal injury caused by our negligence.

10. Termination

10.1 We may terminate this EULA immediately without notice for any reason, including but not limited to any breach of the terms of this EULA by you, clause 11.3, or us bringing the beta testing phase to a close.
10.2 On termination, your right to use the Service under this EULA will immediately cease.
10.3 Clauses 2, 3, 6, 7, 8, 9, 10.3, 10.5, 10.6, and 12 will survive termination.
10.4 If your right to use the Service ends you must delete or remove any information related to the Service from all devices in your possession.
10.5 Save for the instance set out in 10.6, on termination we will:
- (a) Cease providing you with access to the Service;
- (b) Delete your user account for the Application; and
- (c) Delete or render irreversibly unidentifiable all your personal information.
10.6 In the instance that:
- (a) we give you notice that we intend to end the testing phase and move to a fully deployed live version of the Services; and
- (b) you confirm that you wish to continue using a live version of the Services,
You consent to us transferring your user account and data (including any personal information) from the beta platform onto the live platform in order to continue providing you with the Service.

11. Changes to these terms

11.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
11.2 We will give you at least 30 days notice of any change by email or notifying you of a change when you next log in to the Service.
11.3 If you do not accept the notified changes you will not be permitted to continue to use the Service and your licence will be terminated.

12. Ancillary terms

12.1 Neither party will be in breach of this EULA for any failure or delay which results from events, circumstances or causes beyond its reasonable control.
12.2 This EULA constitutes the entire agreement between the parties and supersedes all other agreements, understandings and communications, whether written or oral.
12.3 Any waiver, delay, or failure to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
12.4 We may transfer our rights and obligations under this EULA. We will tell you in writing if this happens and will ensure that the transfer does not affect your rights.
12.5 You may not assign or delegate any of your rights or obligations under this EULA without our prior written consent.
12.6 We may provide you with notices by email to the email address associated with your user account.
12.7 This EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this EULA.
12.8 Each term operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.
12.9 This EULA is governed by English law, and the English courts have exclusive jurisdiction.

BY CHECKING THE "ACCEPT" CHECK-BOX YOU AGREE TO THE TERMS OF THIS EULA AND CONSENT TO THE TERMS OF OUR APPLICATION PRIVACY NOTICE AND USE OF YOUR DATA IN ACCORDANCE WITH THE APPLICATION PRIVACY NOTICE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA AND OUR APPLICATION PRIVACY NOTICE, SIMPLY DO NOT CHECK THE ACCEPTANCE CHECK-BOX.