Terms of Use and End-User Licence Agreement

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW.

WHO WE ARE AND WHAT THIS AGREEMENT DOES

We MSN LIFEPAL LIMITED (Company, we or us) of 15 Themistokli Dervi Street, 1^st Floor, 1066 Nicosia, license you to use:

• The Lifepal mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
• The service you connect to via the App and the content we provide to you through it    (Service).

as permitted in these terms.

Your use of the App and the Service is subject to these terms. These terms are the terms agreed between you as the user of the App (you or user) and the Company, which constitute the rules for using the App and the Service and upon which you are permitted to use the App and the Service.

DESCRIPTION OF THE APP AND THE SERVICE

The App is intended to become a useful companion to you to supporting health and wellbeing generally and provide you with some tools to better document and keep a log of certain medical information.

Doctor Visit Recommendation

You will be able to input complete and accurate information in relation to health symptoms you may experience from time to time. Such symptoms will be inserted manually.

Information of symptoms recorded will be processed taking into consideration the sex of the user, type of symptom, severity of symptom, number of occurrences, frequency of occurrence, combining different symptoms and type of symptoms as well as other factors (age, gender, weight), previous recorded appointments, check-ups and increase in frequency of the symptom and when relevant, recommendations will be made to you to consider visiting a doctor. Where relevant, the recommendation will also specify the type of specialist doctor recommended to see.

This Service is not a substitute for seeking medical advice from a doctor or other healthcare professionals Always follow any medical advice given by your doctor or other healthcare professional. We do not provide medical or clinical diagnostic services and the App and the Service are not intended to be prescriptive or authoritative on their own in respect of a recommendation, and are not intended to provide information on which you should solely rely. The App and the Service are intended to reflect our current knowledge and practice. Medical knowledge and practice is constantly evolving and as such, they may not reflect the latest knowledge or practice

Please note that your general practitioner or other healthcare professionals remain ultimately responsible for your health and wellbeing (including but not limited to any diagnosis or other healthcare advice). The App and Service simply act as a resource for additional information on matters relating to health. If you are sharing information on the App with a healthcare professional, you should make them aware that the information does not show or reflect your complete medical records and is intended to be additional to, not replace, the healthcare professional’s knowledge, experience and judgement.

Medical Log

You can insert into the log functionality of the App Health Monitor that you have undertaken a medical examination or procedure. The App will allow you to record the date such examination or procedure took place as well as its type. You will not be asked to provide, nor should you provide voluntarily, any information with regard to the results or diagnosis of such medical examination or procedure. You can also select to add a reminder if the medical examination or procedure is of a routine nature and needs to be retaken on specific intervals or if it needs to be undertaken again on a specific date in the future.  

YOUR ACCOUNT

To access or use the App and the Service, you must create an account with us. This will take you through a series of identification steps, which ensures that your use of the App is secure and only you can access your account. Specifically, you will be requested to enter certain personal details, including but not limited to your full name, date of birth, email address, weight, height and country of residence. You will also be asked to create a username and password. You will then be requested to verify your registration by entering an one-time password (OTP) that will be sent by the App to your designated e-mail address.

When registering, you are prohibited from selecting or using as a username:

• a name of another person with the intent to impersonate that person;
• a name that is subject to any rights of a person other than you (including copyright protection) without appropriate authorisation, or
• a name that is otherwise offensive, vulgar or obscene.

The username is created only once and will allow you to access and use the App and the Service at any time.

Alternatively, you will be able to login through your Facebook account by using your Facebook login details. You will still be requested to provide certain additional information, such as your weight and height, if needed in order to complete your account.

In certain circumstances, such as when we reasonably suspect that a user is a minor, we may request additional information and/or documents to verify the user’s age and identity, including a copy of the user’s identification card or passport.

You should keep you username and password secure and should not share with anyone. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at [email protected].

The App is available to download, free of charge, onto your device from either Google Play or Apple’s App Store marketplaces (Marketplaces). When you access and use the App, you will also be subject to the terms, guidelines and conditions applied by any relevant Marketplace from whose site you downloaded the App (Marketplace Rules). You should carefully review the Marketplace Rules before downloading the App and ensure that you are able to comply with them. If you have any questions in relation to the relevant Marketplace Rules, you should contact either Google or Apple, as appropriate. If there is any conflict between the Marketplace Rules and these terms, the Marketplace Rules will prevail.

When you create an account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. You guarantee that any information you provide for the purposes of registration and/or completing the profile details in your account is accurate, true, current and correct and that any changes to this information will be updated as soon as reasonably practicable.

You are responsible for making all arrangements necessary for you to access the App, including but not limited to an internet connection and an appropriate device. When using the App you should ensure you are using a secure internet connection.

We do not guarantee that the App or Service will always be available or that access will be error free or uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the App (including the Service) without notice. We will not be liable to you if for any reason the App or Services are unavailable at any time or for any period.

You must not rely on the App or the Services as the sole means by which you initiate a communication with your doctor or other healthcare professional.

The App is intended for use only by people who live in Europe. If you access or attempt to access the App from any location outside Europe, (a) we cannot guarantee you will be able to access the App or that it and the Service will properly function, and (b) you will be responsible for complying with any local laws that apply to you in the country from which you are using the App.

YOUR PRIVACY

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

OPERATING SYSTEM REQUIREMENTS

This App requires an Android or iOS device.  For iOS the app supports iOS 13 and iOS14. For Android the app supports Android 10.0, Android 9.0 Pie, Android 8.0-8.1 Oreo, Android 7.0-7.1 Nougat and Android 6.0 Marshmallow.

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.lifepal.app.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected] or call them on +35722445500.

How we will communicate with you. If we have to contact you, we will do so by email push notifications or through the communication channel of the App.

HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these terms, you may:

• download or stream a copy of the App onto your mobile telephone or handheld device and view, use and display the App and the Service on such devices for your personal purposes only.
• provided you comply with the LICENCE RESTRICTIONS paragraph below make copies of the App for back-up purposes; and
• receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE APP

You must be 18 or over to accept these terms and be able to use the Services. 

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you written notice of any material change by sending you an email with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services or specific features of the App may become unavailable.

The App will always work with the current and previous version of the iOS operation system. The App will always cover at least the 90% of the Android Operating System user base.

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download or stream the App onto any phone or other 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.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App or any Service may contain links to other independent websites which are not provided by us. Such independent 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 will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

LICENCE RESTRICTIONS

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
• is not disclosed or communicated without the licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the App;
• is kept secure; and
• is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

ACCEPTABLE USE RESTRICTIONS

You must:

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

SITE SECURITY

We take all reasonably practicable steps to ensure that the App is secure, however we are not responsible for possible viruses on our App and we do not guarantee that our App will be secure or free from bugs or viruses at all times.

You are responsible for configuring your information technology and software programmes to access our App.

You should use your own virus protection software and you are prohibited from doing the following:

• misusing our App by knowingly introducing viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful and that may adversely affect the operation of the App or of any computer software or hardware;
• attempting to gain unauthorised access to our App, the server on which our App is stored or any server, computer, network or database connected to our App;
• attacking our App via a denial-of-service attack or a distributed denial-of service attack.

In the event that you breach any of the provisions of this paragraph, your right to use our App and the Service will cease immediately. Such a breach may be reported to the relevant law enforcement authorities with which we may be required to co-operate by disclosing your identity to them.

In order to protect the integrity of the App, we reserve the right at any time in our sole discretion, to block users from certain IP addresses from accessing the App.

By agreeing to these terms, you are deemed to agree and understand that whenever you use the App and/or the Service, you do so at your own risk.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

You acknowledge that you have no right to have access to the App in source-code form.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information purposes only. They shall not be construed as a medical tool or device of any sort and it should not replace advice from a healthcare professional. They do not offer advice, medical or otherwise, on which you should rely. If you have any questions or concerns regarding any information within the App relating to you, we recommend you seek professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We are not responsible for any data usage, roaming or other charges. You may be charged by your service provider for internet access on the devices you use to access the App and the Service. You should check with your mobile or internet service provider for details of data and internet usage charges you may incur when accessing the internet through your mobile or other device.

NOTIFICATIONS TO USERS

We may contact you via push notifications, system messages or email for account verification, message notifications and other purposes related to the Service and/or the App. We may also contact you in order to inform you about offers, updates and/or provide you with other promotional material, provided that we always give you the option to opt-out of such communications in the future.

Unless specified otherwise in these terms, any notice or communication shall be deemed to have been received on the next business day after transmission.

This paragraph does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

INDEMNITY

You agree to defend, indemnify, and hold us our affiliates and each of their respective officers, directors, employees, agents and advisors harmless, from any and all claims, liabilities, costs, damages, losses and expenses (including, but not limited to, advocates’ fees and expenses) arising out of or in connection with any breach by you (or any user of your account for any of the Service) of these terms, including but not limited to a breach of your obligations, representation and warranties.

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way, by disabling your user account. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

• You must stop all activities authorised by these terms, including your use of the App and any Services.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights to any third parties to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by Cyprus law and you can bring legal proceedings in respect of the Services in the Cyprus courts.