Terms of Service

(last update: Mar 2024)


Please read these Terms of Service together with our Privacy Policy (collectively the “Terms”) carefully so that you understand them before you start using our Services (as defined below) and to learn how and what data we collect and how we use it. These Terms apply to all the Services we provide to you through our Site, App and other platforms. These Terms contain details of each of our Services, the use and limits of our Services and of our liability to you and your and our rights and obligations in relation to the provision and use of the Services.

Above all, it is important that you are aware that our Services are provided for informational purposes only, and do not constitute professional medical advice, diagnosis or treatment. Our Services are not a substitute for professional medical advice, diagnosis, therapy or treatment. If you think you may have a medical emergency, call your doctor or the emergency services immediately. You should never rely on or make health or well-being decisions which are based on information provided by our Services without first consulting a doctor or other appropriate health professionals. Please read How to use Healthily safely before you start using our Services.

If you do not agree to these Terms, you should not use our Services. If there is anything that you do not understand, please contact us at info@webronsoftware.co.uk.

WHO WE ARE

Webron Software LTD, incorporated and registered in United Kingdom with the company number 09963845 whose registered office is at Unit 160, 111 Power Rd, Chiswick, London W4 5PY, United Kingdom is offering its Services which may be branded as Healthily.(hereinafter collectively referred to as: ‘Webron Software LTD’, ‘Healthily’, ‘we’ or ‘us’).

Your personal data is controlled by Webron Software Ltd who is the data controller in regard to its Services. Should you have any privacy-related questions, please contact us at info@webronsoftware.co.uk.

Our services include Back pain Hub, Journal that includes: Trackers (Free Trackers and Custom Trackers) with Goals functionality and Notes, Health plans (Activity, Mind, Nutrition and Sleep), Alerts/Reminders, and Push Notifications (cumulatively referred to as our ''Services'' or individually as a ''Service'').

HEALTHILY IN COLLABORATION WITH THIRD PARTY

Healthily collaborates with and is supported by third parties (the “Co-branding Party”) in certain areas. None of your data is shared with the Co-branding party without first obtaining your explicit consent.

OUR RELATIONSHIP


These Terms of Service and our Privacy Policy(collectively, the ''Terms'') govern your use of Services and your relationship with us. It is important that you read and understand in full the Terms (including the section entitled Our Liability and Disclaimer of Warranties below) before you start using our Services. If there is anything that you do not understand, please contact us at info@webronsoftware.co.uk.

To access our Services, you will need to download one of our Apps or access the Web App on our Site or Blog, and actively accept our data processing practices, privacy policy and these terms. By actively confirming your age and these terms you confirm that you agree with the Terms. If you do not agree to these terms or our data processing practices, you should not use our Services. You must be at least 16 years or older and capable in your country of residence of entering into a legal binding agreement to use our Services in your country of residence.

Additional Users. We only allow you to use our Services for additional users (third parties) if you are a legal guardian of such persons, meaning you have the legal authority to care for the personal and property interests of such persons (parents for their children etc.). If you are not a legal guardian for an additional user, you should advise them to sign up for our Service and create their own account. We do not store data for additional users.

Security. You are responsible for maintaining the confidentiality of your login details and any activities that occur within your Account. We currently do not provide additional password security apart from your email/Google/Facebook password, so please bear this in mind when signing up to our Services and allowing the usage of our Services or your email/Google/Facebook account to third parties. If you have any concerns that your Account may have been misused, you should contact us straight away to let us know.

OUR SERVICES


PUSH NOTIFICATIONS

We may send you different types of Push Notifications.

Contextual Push Notifications. We might send you push notifications based on the assessment, condition and/or symptom (if your assessment outcome is migraine, we might send you articles about this topic or invite you to track your symptom). We may also ask you about the usefulness of the assessment outcome.

We may use your Account data to send you personalised push notifications. For example, if you want to track a symptom or habit from the list (Activity: Activity levels, Back Exercises, Energy, Exercises, Stretches, Walking; Sleep: Sleep length, Sleep quality; Mental wellbeing: Mood, Relaxation Exercises, Wellbeing; General: Pain medication, Posture; Symptoms: Back pain, Coughing, Dizziness, Fever, Headache, Nausea, Stomach pain) you will have to enable “Reminders” and you will receive notifications to track that symptom.

Event Based Push Notifications are based on your behaviour within our Services. For example, we might send notifications of this type as a reminder when you have not authenticated, have not used the Services for a certain period of time (three months), have started an assessment but have not finished it (three months) etc. We might also send notifications based on your visits to certain pages within the Health Library. We may use your in-App Profile data such as but not limited to age, gender and acquisition channel, to send various push notifications related to such characteristics (for example we might send an article about burnout to users of a certain age group, or send you articles we think might be interesting to you etc.). Please bear in mind that the Push Notifications provide general information only without considering your specific circumstances, assessment outcome, medical and assessment history. For this reason, you should always consult a medical professional before acting on any of the Push Notifications we provide.

If you do not want to receive notifications, you can opt out within your device App Settings/Notifications. You can edit the list of different types of notifications that we might send you by untoggling the button (e.g. symptom that you want to track or stop tracking).

JOURNAL

Within Journal you are able to track your previous activities within the App, such as Trackers (Free Trackers and Custom Trackers) and Notes.

You can access Journal by clicking on the icon within main menu.

TRACKERS Trackers enable you to track symptoms and habits (Free Trackers) or whatever you wish to track (Custom Trackers). By clicking on a specific Free Tracker, you will be able to see a summary of your weekly tracking symptom and learn about "When to see a doctor". You can also “Set a goal” within each tracker to monitor your progress towards a particular goal you aim to achieve.

Healthily Trackers. You can choose to track various aspects of Activity ( such as Activity levels, Back exercises, Energy, Exercises, Stretches, Walking), Sleep (such as Sleep length, Sleep quality), Mental wellbeing (Mood, Relaxation exercises, Wellbeing) General (Pain medication, Posture) as well as various Symptoms (Back pain, Coughing, Dizziness, Fever, Headache, Nausea, and Stomach Pain) from the list created with our medical team. Each of Healthily Trackers includes a "When to take action" section providing you with additional information regarding the specific symptom or habit you are tracking. Within each of the Trackers you can also select a “Set a reminder” and “Set a goal” option in which you can set a specific daily goal you aim to achieve and monitor your weekly progress. At the end of each week, you will receive a weekly report.

Custom Trackers. Custom Trackers enable you to track what matters to you in an individualised manner. Within the "Custom trackers", you will be able to create your own personalised tracker by defining: what would you like to track (e.g. dog walking), what exactly are you tracking (e.g. how many times did I walk my dog today), and what answers work best (e.g. 1 to 5, or you can also create your own scale/answers). You can also personalise your tracker’s design or colour, as well as set a daily reminder to not forget to track what you chose to track, in which case you have to allow our App to send you notifications (these can be configured in your device’s settings at any time). You can create up to 5 Custom Trackers, and you can edit them at any time. If you choose to delete the Custom Trackers, you will lose all of them at the same time and their results forever. Remember, Custom Trackers are your very own trackers: made for you, by you. We will not monitor them or give you recommendations based on them, as well as the information provided will not be consideredi. If you are worried, or the symptoms you are tracking change, get worse, or do not improve, talk to a doctor or health professional.

Within every Custom Tracker you can also select a “Set a goal” option in which you can select a specific daily goal you aim to achieve, monitor your weekly progress, and at the end of each week, you will receive a weekly report.

You can start creating Custom Trackers by clicking on "Build new habits” within Your trackers/Manage your trackers/Custom.

NOTES Notes enable you to take notes about your wellbeing and health on a daily basis. The purpose of this feature is to keep track of your health journey meaning that you are not allowed to share any third-party personal data.

If you have used older versions of our Apps please note that you will no longer have access to past assessment reports within Journal. If you want to access your past assessment reports, go to Your account settings/Your data/Export data and export this data directly to your device.

HEALTH PLANS

Within “Learn” section of your main menu you can access four health plans: Activity, Mind, Nutrition and Sleep. Based on your selection you will be able to follow a 28-days health plan to improve your sleep, activity, eating habits and feel happier. You will be able to set your own goals, choose trackers to measure your progress and make notes to see what works for you best in order to setup healthy habits. You will receive daily reminders for trackers and daily health tips to encourage you to focus on specific habit to improve yours sleep, activity, eating and mind all reviewed by medical experts. You can stop using the health plans at any time.

BACK PAIN HUB

Within Back pain Hub (the "BPH") you will be able to learn about possible causes for the back pain, build new habits and track the results over time. At the beginning you will be asked to self-assess if you have one of the “concerning symptoms” from the list. If you have severe pain that is getting worse and/or if you have one or more of the concerning symptoms talk to a doctor before continuing with assessment. By clicking “next (none of the symptoms)” you will go through a safety assessment prepared with our team of doctors where based on your answers to the questions about your underlying conditions, wellbeing and mobility problems it will be assessed whether the BPH is safe for your use (the “Safety Assessment”).

The Safety Assessment outcome will be marked in colours. When your answers provided to us suggest an Emergency (red colour of the safety assessment summary page), the need to see a doctor right away will be assessed. When your answers provided to us suggest an Urgent medical attention (orange colour of the safety assessment summary page), the need to see a doctor within the next 12 or 48 hours, depending on the provided answers, will be assessed. When your answers provided to us suggest a Routine attention (blue colour of the safety assessment summary page) the need to see a doctor within 2 weeks will be assessed. When your answers provided to us suggest that there is no need to see a doctor, unless symptoms carry on, get worse or you are worried, the safety assessment summary page (green colour) will show you the overview of your reported answers.

In case the need of emergent or urgent medical attention is assessed make sure you talk to a doctor before start using the BPH.

After completing the Safety Assessment you will be invited to create the BPH. Within the BPH you will be able to track your Symptoms (Back Pain) and Habits (Exercises, Stretches, Walking, Mood, Wellbeing and Sleep Quality) (all together referred to as “Back pain trackers”) on a daily basis.

By clicking on Symptoms and Habits listed in the BPH you will be able to see a summary of your weekly tracking for each symptom and habit. Within “Lear what works”, you can access useful articles and learn about Painkillers, Other pain relief, Lifestyle, Get Active and Wellbeing. Within “Try this” you can find videos for Exercises and Stretches and Breathing and Relaxation techniques. The information provided is content created by our team of doctors, aiming to help you understand the benefits of daily habits for your back.

Within “Discuss and share tips” you will be directed to a third party provider Pain Concern (HealthUnlocked). Although we choose this type of third party providers carefully, we are not in any way responsible for the actions of these companies, the content of their sites, their products or services, the use of the information you provide to them, or any of the products or services they may offer and no agency relationship exists between us and these third parties. You will be able to set and change your daily reminders (notifications), manage Back pain trackers or archive the BPH within the BPH settings at any time. If you decide to archive this BPH we will move the BPH from your home screen to the archive and you can restart your BPH at any time.

We will send you daily notifications if you decide to set a reminder for the BPH to track your Symptoms and Habits and triweekly to check for updates.

HEALTH LIBRARY

You can search our Health library from our Apps to find information on many health queries. This information is either sourced directly from the UK’s NHS or content created and verified by our team of doctors following rigorous review and adherence to safety procedures.

All Articles section includes articles about different medical conditions and symptoms. Within the Apps you can search by category:

• Alcohol • Brain and nervous system • Cancer • Cardiovascular disease • Cold and flu • Coronavirus (COVID-19) • Dental health • Digestion • Drugs • Ear, nose and throat • Eye care • Family health • Fitness • Hair and skin • Healthy living • Hormone conditions • Infectious diseases • Lungs • Men’s health • Mental health • Muscles and joints • Nutrition • Pregnancy • Sexual health • Sleep • Smoking • Tests and treatments • Urinary conditions • Women’s health

Each article includes a summary that consists of different sections. By clicking on each section, you will be provided with additional information which may include: Introduction (basic information), Symptoms (common symptoms for the condition), Causes (explanation of what could cause the disease), Diagnosing (explanation on how the condition is diagnosed), Treatment (information on available treatments), Prevention (information on preventing the condition from occurring), Living With (useful information that will help you cope with the condition), Complications (explanations of possible complications), Vaccination (information about vaccinations), Getting Tested for (information on tests available to diagnose the condition), Variations of the main condition, Surgery (information about possible surgery), Recovery (information about recovery), People's Stories (useful information from patients diagnosed with the condition).

By clicking on the article of interest it is possible that you will receive a pop up e.g. “Do you want help for clinical depression?”. By clicking ''yes'' we will inform you about a specific health service provider available in your location (see "Advertising" section).

MAKE IT LOCAL

This feature is only avaialable in older versions of our Apps and enables us to use the longitude and latitude of your mobile device to find services near you, and related information. We use Google Maps’ APIs (namely, Places Search and Places Details). You will have to enable location services to use this service.

YOUR ACCOUNT

You can personalise your experience by entering and saving your personal details in Your account settings("Account").

Your personal details. You can edit your name, sex, year of birth and account details within this feature. You can back up your data by signing up with your email/Google/Facebook account as well you can delete your account.

Manage your trackers. By clicking on "Managae your trackers" you can manage "Custom Trackers" and "Free trackers". In both cases, you can start or stop tracking what you choose to track with the tracking functionality (to toggle the button next to the symptom or habit that you want to track or stop tracking). In some cases, you can also sync the Free Trackers with your health and fitness apps.

Archived hubs. Within this feature you can archive your hubs, such as your BPH if you are not using it.

Your data. You can download a copy of the personal data you have provided to us directly to your device. You can as well delete your health history and Delete your account within this feature.

Your settings. Within this feature you can opt-in or opt-out to show you relevant care options (product and services) from third party providers by processing your health data and to receiving marketing material from Healthily, as well as you can enable your location services and edit your notification preferences.

Sync with other apps. You can connect our Services with other health apps (this is currently possible only for iOS users).

Simply legal. You can access all legal documents within this section, namely How to use Healthily safely, Privacy Policy, Terms of Service, Acknowledgments, Certificates (CE mark, ePrivacyseal).

Get help and support. You can find answers to the most commonly asked questions about Healthily and our services.

About us. You can access our Site, social media channels (Facebook, Instagram, Twitter, LinkedIn) as well you can rete us on App Store/Play store.

YOUR STORY

MENOPAUSE STORY

If you agree to share your menopause story with us by filling out the Menopause survey the information provided will be used for the creation of the story and our own research in an anonymised manner.

If you agree Your Story to be published in an anonymised manner on our platforms or social media you hereby grant us the worldwide, non-exclusive, perpetual, royalty-free licence under any and all intellectual property right that you own or control, to use, copy, publish, display, reproduce, translate, modify, and/or commercially exploit Your Story.

TESTING

TESTER PROGRAM. If you decide to participate in our usability tests, you will be able to test our app versions which are not yet available to the public (beta version) and also preview new features and prototypes, you may be invited to join usability testing sessions, fill in our research surveys and take part in video interviews or focus groups to share your own healthcare experiences ("User Tests"). We will use various third party providers to make different tests available to you. Your participation in User Tests is always voluntary. All the information that will be disclosed to you during the User Tests is confidential information of Healthily. You are not allowed to download, copy, sell, lease or in any other way use the information disclosed to you except for the User Tests purposes. You are not allowed to disclose any confidential information to third parties. The confidential information disclosed to you shall be considered the exclusive property of Healthily and in no event confer or imply the grant or agreement to grant any licence (patent, copyright or other) or other rights to you.

MVPs. We strive to provide the service that would be of best interest and use to you. We are therefore constantly testing new products and services ("Minimum Viable Products" or MVPs). Should you wish to use the MVPs, you will need to accept the MVP specific Privacy Policy and Terms of Service ("MVP Policies"). This Terms of Service and Privacy Policy are hereby consisting part of the MVP Policies where applicable. The MVP Policies are available on our Site before you decide to use the MVP. In case a specific MVP Policy is not available, the terms of this Privacy Policy and Terms of Service will apply. In case of discrepancies between the MVP Policy and this Privacy Policy and/or Terms of Service, the MVP Policy prevails.

HEALTHILY AND THIRD PARTY CONTENT

Healthily content means every content available on the Site, Blog, Health Library, Your Symptoms or any other Service. We release new content through our Blog. You can find various health related articles, written by our team of doctors, and updates on our Services.

Third Party content means products or services which are offered or provided by third parties and/or links to such content within our Services. Please note that when clicking on third party content, third party terms and privacy policy apply.

We are in no way responsible for the actions of these third parties, the content of their sites, their products or services, the use of the information you provide to them, or any of the products or services they may offer and no agency relationship exists between us and the third parties.

SUBSCRIPTIONS


Subscriptions. You can choose between monthly or yearly subscription fee (the “Subscription”) and based on your selection the Subscription will be automatically renewed for an additional equivalent period. Healthily may revise the pricing for the Services offered at any time. Any change in the Subscription will go into effect for the next billing period after we provide notice of the change. After purchase you can manage your Subscription or turn off the auto-renewal, within your App Store/Google Play Account Settings. Make sure you terminate the Subscription when deleting/uninstalling the app or if you want to stop using or archive one of the Healthily Services that you have subscribed to (e.g. Back Pain Hub).

Payment Processors. Payments will be processed through the App Store or Google Play from which you originally downloaded Healthily. We encourage you to learn about the applicable ‘in-App purchases’ rules and policies directly from app stores. In no event Healthily will be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment services outage.

You acknowledge and agree that all billing and transaction processes are handled by the App Store or Google Play provider from whose platform you downloaded the App and are governed by the App Store or Google Play provider's terms and conditions/EULA. If you have any payment related issues with in-App purchases, then you need to contact the app store provider directly.

Healthily itself does not collect or store payment card information.

Free Trial. You will not be charged during the period of the free trial, but the Subscription will be automatically charged to the credit card associated with your account for the subsequent period the day after your free trial period has ended. Thereafter, you will be charged at monthly or yearly intervals until you decide to cancel. Please make a note of when your free trial will expire as you may not receive additional notice prior to the automatic charge if you do not cancel before the free trial period expires.

USE OF OUR SERVICES


We hope you'll enjoy using our Services. We're constantly trying to improve, so if you have any comments, suggestions or recommendations, please send us an email at info@webronsoftware.co.uk.

OUR SERVICES ARE NOT MEANT TO BE USED BY MEDICAL PERSONNEL.

Back pain Hub. The information provided by this service is for informational purposes only and does not constitute advice, diagnosis or treatment. You should never rely on or make health or well-being decisions that are based on information provided by this service. You should always consult a medical professional for diagnosis and treatment. YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT OUR SERVICES DO NOT CONSTITUTE A DOCTOR PATIENT RELATIONSHIP, ARE NOT A SUBSTITUTE FOR YOUR REGULAR DOCTOR, GP, DIAGNOSIS, A FACE-TO-FACE EXAMINATION AND/OR SESSION BY A LICENSED QUALIFIED PROFESSIONAL.

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF THE INFORMATION PROVIDED BY OUR SERVICES. VISIT A MEDICAL PROFESSIONAL IF OUR SERVICE ADVISES YOU TO DO SO. HEALTHILY CANNOT BE USED FOR INFORMATION ABOUT BABIES, CHILDREN UNDER THE AGE OF 16, PREGNANT WOMEN, PEOPLE ON IMMUNOSUPPRESSIVE TREATMENT AND PEOPLE WITH LONG TERM CONDITIONS SUCH AS, BUT NOT LIMITED TO DIABETES.

Push Notifications. Please bear in mind that Push Notifications provide only general information without considering your specific circumstances, Your Profile data, assessment outcome, health history (follow up notifications). FOR THIS REASON, YOU SHOULD ALWAYS CONSULT A MEDICAL PROFESSIONAL BEFORE ACTING OR REFUSING TO ACT ON ANY OF THE PUSH NOTIFICATIONS WE PROVIDE.

Advertisers. As operators of the platform, our role is strictly limited to facilitating the communication between you and the third party providers. IT IS UP TO YOU TO CONSIDER AND DECIDE WHETHER THESE SERVICES ARE APPROPRIATE FOR YOU OR NOT.

Notes. The notes section enables you to take notes about your wellbeing and health on a daily basis. The purpose of this feature is to keep track of your health journey meaning that you are not allowed to share any third party personal data. The notes you provide will not be taken into account when using the Smart Symptom Checker.

Journal. Information provided through Trackers, Reports and Articles within My journey is for informational purposes only and does not constitute advice, diagnosis or treatment.

Custom Trackers. Consult with your doctor or health professional before creating Custom Trackers. As these trackers are created by you we will not monitor them or give you recommendations based on them, as well as the information provided will not be taken into account when using the Smart Symptom Checker. If you are worried about your health or wellbeing, or if the symptoms that you are tracking change, get worse, or do not improve, talk to a doctor or health professional.

Health Plans. Remember, health plans shouldn’t be used as treatment or medical advice and don’t consider other conditions you might have. If your symptoms don’t improve, or you’re concerned about your health or wellbeing, please visit a doctor. If you find you’re struggling for more than a few days at a time, or you experience any thoughts of self-harm or feel suicidal, speak to your doctor. You might also find it helpful to confide in a close family member friend.

Make it local. This feature enables us to use the longitude and latitude of your mobile device to find services near you and related information. This feature shows you health providers nearby, but is not a recommendation or endorsement of such health providers or services, for which we take no responsibility.

Tester Program. All the information that will be disclosed to you when testing our services and products is confidential information. You are not allowed to download, copy, sell, lease or in any other way use the information disclosed to you except for the Healthily testing purposes. You are not allowed to disclose any confidential information to third parties. The confidential information disclosed to you shall be considered the exclusive property of Healthily and in no event confer or imply the grant or agreement to grant any licence (patent, copyright or other) or other rights to you.

Healthily and Third Party content. The content we provide via the Site, Blog, Health Library, Your Symptoms or any other Service provides useful information but is not a substitute for medical advice. You should always seek the advice of your doctor when making decisions about your health. By using such content and our Services you confirm and acknowledge that we have no responsibility over any such content, including (but not limited to) any related third party products and services, practices, terms or policies, and acknowledge that we will not be liable for any damage or loss caused by such content.

info@webronsoftware.co.uk email are not intended for inquiries about your health, medical problems or medical questions. You can send us any other question about our Services including your comments and suggestions for improvements. If we receive an email that includes questions about your health, medical problems and/or conditions/symptoms you will receive a standard auto-reply informing you that we do not provide this type of information via email and that you should always consult a medical professional in such cases.

Linking to Healthily. Healthily generally welcomes links to its content and Services (e.g. Site, Blog, Health Library etc.) You may establish a link to our content and/or Services, provided that the link does not state or imply any sponsorship or endorsement of your website or its contents by Healthily or make any representations on warranties on our behalf.

USAGE OF OUR SERVICES THROUGH SOCIAL MEDIA (Facebook, Twitter, Instagram).

When using our Services through social media, note that the information you share including health data will be processed by the social media provider and might be used to build a profile of you and could result in you receiving adverts relating to health issues. This processing is not controlled by us and we do not have access to the data stored within social media about you.

REVIEWS

When submitting product reviews, social media posts, feedback, comments and suggestions for improvements to our Services (“Review”) by sending us an email to info@webronsoftware.co.uk and/or by posting a public Review on a third party site such as App Store and Google Play, you hereby grant us the worldwide, non-exclusive, perpetual, royalty-free licence under any and all intellectual property right that you own or control, to use, copy, publish, display, reproduce, translate, modify, and/or commercially exploit your Review, together with your name, on our Site, social media or any other platform that we use to promote our Services. We will never edit a Review in such a way as to create a misleading impression of your views. You may terminate this licence by sending us an email to: info@webronsoftware.co.uk, subject: Termination Review Licence.

YOUR OBLIGATIONS

You hereby confirm and agree: a) that you have read and understood these Terms in full; b) that you will use our Services in accordance with these terms; c) that you are at least 13 years of age if you reside in the US or 16 years of age if you reside in the rest of the world; d) that you are legally able to enter into a contract; e) that all the information that you provided in or through the Services is accurate, true, current and complete; f) that you are responsible for maintaining the confidentiality of your password and any other security information related to your account; g) that you will notify us immediately about any unauthorised use of your Account or any other concern about a breach of the security; h) that except to the extent as expressly permitted herein, your use of our Services is for personal use only, all in accordance with these Terms; i) that you are solely and fully liable and responsible for any activities or omissions that are made by or due to using our Services; j) that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account by any person whether authorised by you or not, and you agree to indemnify us for any such damage or loss; k) that you will not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Services and your relationship with us; l) that you will comply with local laws and health and safety requirements when using our Services.

Except to the extent as expressly stated to the contrary herein, your right to use the Services is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Services does not stop us from giving other people the right to use the Service. As part of our Services, we allow you to download our Apps for use on your mobile/computer device or Site for the sole purpose of accessing and using our Services in accordance with these Terms and we grant you a non-exclusive, personal, non-transferable licence for this sole purpose. Other than as allowed in these Terms you are not given a right to use the "Webron Software", "DOT", "Mediterm", "AIMed", "Find your health", "Healthily" and "Live Healthily" names or any of the "Healthily/Webron Software" names, trademarks, logos, domain names and other distinctive brand features. You agree that all confidential information, copyright and other intellectual property rights in our Services or any portion of the Services belong to us or the people who have licenced us to use those rights. You agree that you have no rights in or to our Services or any portion of the Services other than the right to use them in accordance with these Terms.

The materials and content comprising the Service belong to us or the people who have licensed them to us and we give you permission to use these materials and content for the sole purpose of using the Service in accordance with these Terms.

Unless allowed by these Terms and as permitted by the functionality of the Service, you agree not to: a) copy our App, Web App or any portion of the Services; b) give or sell or otherwise make available our App or any portion of the Services to anybody else (c) change our App, Web App or any portion of the Services in any way, (d) look for or access the code of our App, Web App or any portion of the Service that we have not expressly published publicly for general use. When using our Services you agree not to (a) circumvent, disable or otherwise interfere with any security related features of the Service or features that prevent or restrict use or copying of the content accessible via the Service; (b) create more than one account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your account on the Service); (d) give any false or misleading information in your account details; (e) permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you; (f) use the Service if we have suspended or banned you from using it; (g) engage in any illegal or unlawful conduct; (h) modify, interfere, intercept, disrupt or hack the Services, our servers, network or infrastructure; (i) misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment; (j) collect any data from the Service other than in accordance with these Terms of Service; (k) submit or contribute any information or commentary about another person without that person's permission. Our Services are apps embedded on different operating systems. You agree not to use our Services in any other way than through our unmodified official client software (apps and web app).

Failure to comply with any of the requirements of these Terms constitutes a serious breach and may result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary or permanent withdrawal of your right to use our Service; (b) issuing a warning to you; (c) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; (d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary. These actions are not limited and we may take any other action we reasonably deem appropriate.

We are constantly updating and improving the Services to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Services. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Services, or feature relating to the Services. These changes to the Services may affect your past activities on the Service and the features that you use. Any changes to the Service could involve your Service elements being deleted or reset.

We make the App, Web App and our Website available for access using internet infrastructure, but are not responsible for the infrastructure ourselves. If you wish to use our Services, you should ensure that you have an internet-enabled device and a sufficient internet connection available. We are not liable for connection and/or technical errors such as hyperlinks not working etc.

By agreeing to these Terms, you also consent to our Privacy Policy and the platform and third party provider’s terms applicable for your usage and available in section below, all of which is incorporated and deemed a part of these Terms, together with any changes and revisions.

Mobile App. We offer our Services via Android and iOS platform ("Apps").

ADVERTISING

From time to time we may show you advertisements from third parties that we think might be useful to you e.g. find a local doctor, engage in a video-based consultation, look for an online pharmacy or book a therapy session or other relevant health services in your area (the “Advertisers”) to enable you to get immediate referrals to vetted specialists and services.

The Advertisers are vetted professional health providers who supply specific services, treatments and products to help you with staying healthy and medical or health related problems. Our directory of public and private health services and products that are available in your country includes various services and products such as Talk to a real Doctor, GP Home visits, Mental Health Support, Appointments with Specialists etc. We will show you health and wellbeing products and services (“Ads”) from third party providers ("Advertisers”) based on information you provide when using our Services or the content you are viewing on our Site. We use the information that was calculated by our chatbot to present you products and services that might be useful to you. You are not obligated to use these services. If you decide to use it by clicking on the link provided within the chat/Health Library or click on one of the Advertisers within our Services, you will leave our Services and be redirected to our Advertisers’ service. By doing so, your usage will be governed by the Advertisers’ Terms of Service.

Our bot is constantly learning, so we cannot guarantee that the service we present to you based on the Smart Symptom Checker's outcome is what you need, but it will always be related to the outcome of your Assessment report. While our bot strives to give you the best possible information it cannot consider all factors that your doctor can, so please always consult your doctor before acting on any of the advice our bot gives you.

Each of the Advertisers is vetted by our medical team. This includes reviewing the clinical benefit and service that they offer to users, adherence to data privacy standards and adherence to national health regulatory board standards. A clear understanding of the vetting process for healthcare professionals is sought, as well as an understanding of the medications or other treatments that may or may not be included within that service. Although we choose the Advertisers carefully, we are not in any way responsible for the actions of these companies, the content of their sites, their products or services, the use of the information you provide to them, or any of the products or services they may offer and no agency relationship exists between us and these third parties. Our links to Advertisers and any other third parties’ services does not constitute our sponsorship or endorsement of, or affiliation with, or responsibility for these companies. Nor is such linking an endorsement of such third parties’ privacy or information security policies or practices, or their compliance with laws.

To protect your privacy we don’t share information about your symptoms or information about the outcome with advertisers or advertising platforms. Please see our Privacy Policy for more information.

THIRD PARTY PROVIDERS


We cannot provide all services necessary for the successful operation of our Services by ourselves. We therefore use various providers for the purposes of offering the Services to you and improve your user experience. To make our Services simple to use, you can use it with messengers. To make our Tracker more efficient, you can also sync your data from other service providers with our Tracker. When you use our Services in combination with other services, you also consent to such third party’s terms of service, so please read their terms of service carefully before you start using our Services.

FACEBOOK
We have our Facebook page. We use it for linking purposes (to link to our latest health related articles published on our Blog, to let you know about our new features, and to give you access to our Services. You cannot communicate with us through Facebook using the messenger service. When using Facebook their Terms and Privacy Policy govern your usage.

Facebook Lead Ads. We use Facebook Lead Ads to promote our content, product and Services. By submitting your contact information you will subscribe to receiving the selected content and we will govern the processing of this data as described in our Privacy Policy. When using Facebook their Terms and Data Policy govern your usage. For more information about how Facebook Ads work please read About Facebook Ads.

LOG IN ACCOUNTS

Facebook and Google Accounts. You can set up an account only by signing in with your Google or Facebook account. By doing so you give us permission to access and use your information from that service as permitted by that service. Facebook Terms, Facebook Terms and Policies Google Terms of Service, Google Privacy Policy.

THIRD-PARTY TRACKERS

You can connect our Services with: HealthKit (v.2 iOS users only), Samsung Health, GoogleFit.

THIRD PARTY WEARABLES

In order to enable you to connect your wearables with our Services we use Thryve-Health by mHealth Pioneers GmbH (“Thryve”), namely Thryve’s API. Before connecting your wearables with our Services you will need to authorise your data sources.

Currently you can connect our Services with Fitbit products.

Fitbit is a registered trademark or trademark of Fitbit, LLC in the United States and certain other countries. A list of Fitbit logos can be found at www.fitbit.com/legal/trademark-list. The Healthily application is designed for use with the Fitbit platform. This application is not authored by Fitbit, and Fitbit does not service or warrant the functionality of this application.

APP STORES

You can download our app from: iOS App Store App Store EULA, App store terms and Android Google Play Google Play.

DATA STORAGE

We store all your data in the US using AWS Services and the Google Cloud Platform. For more information about our data storage please read our Privacy Policy.

ANALYTICS

We use Amplitude on our mobile Apps and Google Analytics on our Site and Web App. To find out what data we collect with analytics and why we use this data please read our Privacy Policy. For more information, visit Google Analytics, Google Analytics Firebase and Amplitude.

INTERNAL AND EXTERNAL COMMUNICATIONS

We use different third party providers for internal and external communications: Slack, Skype, Google Meet, Google Hangouts, Gmail, Zoom.

MANAGING PROJECTS, HOSTING AND BUILDING SOFTWARE, CLOUD STORAGE

Github, Jira, Google drive, Dropbox, Tableau.

TESTER PROGRAM

We use various third party providers for usability testing: Userlytics.

USER ENGAGEMENT

We use various third party providers for tester program correspondence and surveys, to send out our newsletters, to send push notifications, and to schedule interviews with testers: Calendly, Google Meet, Mailchimp, Zoom and Braze.

We also use third party provider to further tailor and personalise users’ experience of using our website: OpenWeather.

LANDING PAGES

We use various third party service providers to create landing pages.

Instapage. We use Instapage to create landing pages for our marketing and promotion campaigns.

WordPress. We use WordPress to create and host the webpages for campaigns posting Your stories about various health issues, e.g. menopause.

OUR LIABILITY AND DISCLAIMER OF WARRANTIES


You hereby agree, confirm and acknowledge that our Services and any information provided to you via our Services, whether written, stated or implied, especially including possible medical conditions in the Assessment report are for information purposes only. Any reference to a third party product or services via our Services is likewise for information purposes only. Our Services and information therein are provided ''AS IS'' with all fault and without warranty of any kind, therefore you will have no claim and demand against us.

Reliance on any information provided via our Services is solely at your own risk. We do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. The use of our Services is at your sole risk. Our Services are not a substitute for professional medical advice, diagnosis, therapy or treatment. You should never rely on or make health or well-being decisions which are based on information provided by our Services, including in the Assessment report, without first consulting a doctor or other appropriate health professionals. If you think you may have a medical emergency, call your doctor or emergency services immediately.

Some jurisdictions do not allow the exclusion of, or limitations on, implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

To the fullest extent permissible by applicable law, your sole and exclusive remedy for dissatisfaction with our Services is to stop using the Services and, in no event shall Webron Software, its subsidiaries or its affiliates be liable to you: a) for death or injury: b) any damages that are not foreseeable or, even if foreseeable, not directly related to our breach of these Terms or our negligence: c) any personal injury, damage, lost profits, lost revenues, cost of substitute Services, loss of data, loss of goodwill, work stoppage, computer failure or malfunction: d) any other form of direct or indirect, special, incidental, consequential or punitive damages from any causes of action arising out of or related to our Services, including any information provided to you or lack of those in connection with the Services: or e) any action or inaction by you resulting from the information we have or have failed to provide to you, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Webron Software has been advised of the possibility of such damage. In no event will we be liable to you resulting from your interaction with any third party or third party technology in connection with our Services.

Some jurisdictions do not allow a limitation of liability for death, personal injury, fraudulent misrepresentations or certain intentional or negligent acts, or violation of specific statutes, or the limitation of incidental or consequential damages, so some or all of the above limitations of liability may not apply to you. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by laws of England and Wales. This Agreement is governed by, and is to be construed in accordance with, laws of England and Wales.

In addition, in no event will we be liable to you for anything resulting from your interaction with any third party or third party technology in connection with our Services and no agency relationship exists between us an any such third party.

Subject to this section, our total liability for all losses you suffer arising from, or in connection with, the use of our Services shall be no greater than the amount paid by you for the use of our Services.

INDEMNIFICATION


You agree to defend, indemnify, and hold harmless Webron Software and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney fees) that arise from your use or misuse of our Services, violation of these Terms, or violation of any rights of a third party. Healthily/Webron Software reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defences. You agree that a breach of these Terms will cause irreparable injury to Healthily/Webron Software for which monetary damages would not be an adequate remedy, and Healthily/Webron Software shall be entitled to seek equitable relief in addition to any remedies it may have hereunder, or at law without a bond, other security, or proof of damages.

ENDING OUR RELATIONSHIP


If at any time, you do not feel that you can agree to these Terms or any changes made to the Terms, you must immediately stop using the Service. If you wish to end your use of the Service, please deactivate your account by deleting our Services, namely uninstall our App, Messengers, or stop using our Site.

We may immediately end your use of the Services if you breach these Terms or applicable legislation. We may also withdraw the Service at any time, if we give you reasonable notice that we plan to do this.

If you or we end your use of the Services, or we withdraw the Service as described in this section, we may delete any information we hold about you. You will also lose any rights you have to use the Service or access our content. We will not offer you compensation for any losses.

THIRD-PARTY TECHNOLOGY


Our Services include third party technologies stated below, whereas the following list includes only technology that requires such disclosure in accordance with their licence.

Android-Job. Copyright (c) 2007-2017 by Evernote Corporation, All rights reserved. Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an AS IS BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Android Support Libraries. Copyright (C) 2011-2017 The Android Open Source Project Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Apache Commons Compress Copyright 2002-2017 The Apache Software Foundation Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Bolts Android. Copyright (c) 2013-present, Facebook, Inc. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of the nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Calligraphy. Copyright 2013 Christopher Jenkins Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Cat. Copyright 2015 Ralf Wondratschek; Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Cupboard. Copyright 2014 Qbus B.V. Copyright 2015 Little Robots Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Download Manager. Copyright 2014 Novoda Ltd Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Facebook Android SDK. Copyright (c) 2014-present, Facebook, Inc. All rights reserved. You are hereby granted a non-exclusive, worldwide, royalty-free license to use copy, modify, and distribute this software in source code or binary form for use in connection with the web services and APIs provided by Facebook. As with any software that integrates with the Facebook platform, your use of this software is subject to the Facebook Developer Principles and Policies http://developers.facebook.com/policy/. This copyright notice shall be included in all copies or substantial portions of the software. THE SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Gson. Copyright 2008 Google Inc. Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Landing Strip. Copyright 2016 Novoda Ltd Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Notils. Copyright 2014 Novoda Ltd Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

OkHttp. Copyright 2016 Square, Inc. Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Okio. Copyright 2013 Square, Inc. Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

OpenWeather. Creative Commons Attribution-ShareAlike 4.0 International licence (CC BY-SA 4.0) and Open Data Commons Open Database License (ODbL)

Picasso. Copyright 2013 Square, Inc. Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

RecyclerView-FastScroll. Copyright (C) 2016 Tim Malseed Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

View Pager Adapter. Copyright 2016 Novoda Ltd Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

WHO. Reprinted from AUDIT, The Alcohol Use Disorders Identification Test, Guidelines for Use in Primary Care, Second Edition by Thomas F. Babor et al, Box 10, page 31, Appendix B, WHO/MSD/MSB/01.6a, Copyright of World Health Organisation 2001.

WordPress. Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. You may obtain copy of the licence here.

FINAL PROVISIONS


These Terms incorporating Privacy Policy constitute the entire agreement between you and Webron Software with respect to the Services, and they supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to, or modification of, these Terms will be binding unless made in writing and signed by Webron Software. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder preclude further exercise of any other right hereunder.

We will occasionally update these Terms as necessary, to protect our users, furnish current information and respond to legal and technical changes. Because we are constantly adding new services and features, we might not make an immediate upgrade to the Terms, except in the case of material changes to our practices. The most current version of the Terms will govern your use of our Services and we encourage you to periodically review it. It is available within ''Legal'' section on our Site as well in Simply legal section within Your Account settings. You will be informed about the changes in "Simply legal" Section of our Services or with a push notification fourteen (14) days before they become applicable. Your continued usage of the Services after the changes become applicable constitutes your acceptance of the changes.

You agree that Webron Software has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.

If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms shall continue in full force and effect.

The original version of these Terms is written in English. Any translation into any other language is done for local requirements and in the event of a dispute, inconsistency or discrepancy between English and any non-English versions, the English version shall govern, to the extent not prohibited by local law in your jurisdiction.

These Terms, and any non-contractual obligations, and all disputes or controversies arising out of or relating to these terms shall be governed by, and construed in accordance with, laws of England and Wales, excluding its conflict of laws rules.

We value hearing from our users and are always interested in learning about ways we can improve the Services. You are always welcome to send us any comments to: info@webronsoftware.co.uk.

Webron Software