Mobile app end-user license agreement (EULA) for JANAMAPP

We are the University Hospitals of Leicester NHS Trust the operators of the JANAMAPP (referred to below as the ‘app’).

 

You must be at least 16 years old and resident in the UK to use the app.

 

By downloading the app, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy before you download and use the app. Only download the app if you have read the rules and agree to them.

 

If you do not agree to these terms, we will not allow you to use the app and you should not download or use it.

Purpose of the app

This app is for providing information to support your understanding of the pregnancy journey only but in no ways offers advice or personalised medical intervention or care. You agree by using the app that you will not use it as a substitute for medical intervention or care and that consequently you and your estate have no claims now or in the future against the app for personal injury and/or death.

  1. This agreement

    1. We license you to download and use the app provided you follow all of the rules described in this agreement. The licence:
      1. is only for you personally (and anyone else that the app store lets you share the app with) and for non-business use;
      2. starts when you download the app; and
      3. covers content, materials, or services accessible from, or bought in, the app including all of our support resources. It also covers updates to the app unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
    2. In this agreement, we refer to the site that you download the app from as the ‘app store’ and we refer to their rules and policies as the ‘app store rules’. You must comply with the app store rules as well as this agreement but, if there is any conflict between them, you should follow the app store rules rather than the equivalent rule here.
    3. You do not own the app or any of its contents but you may use it on devices that you own or control, as permitted by the app store rules.
    4. If you sell or give away the device on which you have downloaded the app, you must first remove the app from the device.
    5. You are not allowed to:
      1. modify the app’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
      2. deliberately attempt to avoid or manipulate any security features included in the app; or
      3. pretend that the app is your own or make it available for others to download or use (including by way of copying the code of the app and creating an independent version).

  2. Technical requirements

    To use the app your device needs to comply with the following minimum requirements:

    Device compatibility Suitable Smart phone, with access to a UK mobile network or UK based internet access
    Operating system Appstore for Apply devices and Playstore (Google) for Android devicess
    Space Suitable space for the installation files on your device. This may vary from time to time based on updates.
    Other You will require suitable internet access.

  3. Support and contact

    1. If you need to get in touch with us, you can contact us by emailing us on the email below:
      Email info@janamapp.co.uk
    2. If we need to get in touch with you, we will do so by email or an in-app notification.

  4. Privacy and your personal information

    Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.

  5. Collection of technical information

    We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.

  6. Location data

    1. The app makes use of functionality on your device that can pinpoint your location. We do this in order to acquire anonymised data to improve services.
    2. When you open the app for the first time, you may be asked whether the app can use your location and in what circumstances.
    3. You can change your choices at any time in the app settings, and you can also turn the location services off at any time. The app will still function if location services are off, but its functionality may be reduced.

  7. Augmented reality

    1. This app uses the camera, microphone and other sensors on your device to impose digital effects on the real-life view that you see on your screen.
    2. You are responsible for your own safety, and the safety of others around you, while using augmented reality. Always check that the area around you is free from hazards and that your use of the app will not cause danger or disruption to other people.
    3. Never use the app on private property if you do not have the property-owner’s permission, and never cause any damage to property of any kind.

  8. Acceptable use

    1. You must not use the app to do any of the following things:
      1. break the law or encourage any unlawful activity;
      2. send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
      3. infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
      4. transmit any harmful software code such as viruses;
      5. try to gain unauthorised access to computers, data, systems, accounts or networks; or
      6. deliberately disrupt the operation of anyone’s website, app, server or business.

  9. Updates to the app

    1. We may update the app from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the app still meets the description of it that was provided to you at the time you downloaded the app.
    2. Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.
    3. We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the app may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the app updated to the latest version that we make available.

  10. Changes to this agreement

    1. We may need to revise this agreement from time to time to reflect changes in the app’s functionality, to deal with a security threat or if there is a change in the law or guidance.
      You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the app.

  11. External services

    1. The app may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
    2. We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
    3. You must not use external services in any way that:
      1. is inconsistent with these terms or with the terms of the external service; or
      2. infringes our intellectual property rights, or the intellectual property rights of any third party.
    4. From time to time, we may change or remove the external services that are made available through the app.

  12. Our responsibility to you

    1. This app is for providing information to support your journey only and in no ways offers advice or personalised medical intervention or care. We therefore do not accept any liability flowing from claims founded on the premise that the end-user has taken advice from the app content.
    2. If we breach this contract or are negligent, we exclude all liability for damage to any property or software or hardware. We will only accept liability for the loss or damage that you suffer that by law we cannot exclude.
    3. Liability must be foreseeable. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
    4. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
    5. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

  13. Failures of networks or hardware

    The app relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the app store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the app due to a poor internet connection, faulty components in your device (such as a faulty camera), app store failure or anything else that it would not be reasonable to expect us to control.

  14. Ending this agreement

    1. We can end this agreement if you do not comply with any part of it.
    2. We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
    3. The consequences of the agreement ending are as follows:
      1. you are no longer allowed to use the app and we may remotely limit your access to it;
      2. you must delete it from any devices that it has been installed on;
      3. we may delete or suspend access to any accounts that you hold with us; and

  15. Third parties

    No one other than us or you has any right to enforce any term of this agreement.

  16. Transferring this agreement

    1. We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
    2. You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.

  17. Governing law and jurisdiction

    1. The laws of England and Wales apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
    2. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.