1.1.1 "Balance App" means the Balance mobile application software version 1 and any subsequent versions made available to you by us from time to time.
1.1.2 "Content" means all information and materials provided by us to you via our Website or via the Balance App, including but not limited to: articles, blogs and other similar material and information that is made available to you on our Website or within the Balance App.
1.1.3 "Free Services" means any service we provide free of charge as more particularly described at paragraph 4.1.
1.1.4 "Paid-For Services" means any service we provide that incurs a charge.
1.1.5 "Services" means the Free Services and the Paid-For Services.
1.1.6 "Website" means https://balance-app.com/.
1.2 Your use of the Website and the Balance App is entirely optional.
1.3 Using the Balance App doesn’t mean that you don’t have to keep your devices secure. You still need to keep your devices and confidential information secure. Also, you are responsible for any use made of the Balance App on the devices onto which it has been downloaded. You must therefore keep access to it secure.
2 ABOUT THESE TERMS
2.1 These terms and conditions ("Terms") apply to your use of our Website and are the terms on which we supply the Balance App Services to you.
2.2 The Website is a site operated by us through which we offer you access to the Balance App and any Services. We use data to allow perimenopausal and menopausal women to log and share symptoms, find and support other women and see content for information purposes. The Services are described in further detail at paragraph 4 below.
2.3 Please read these Terms carefully before you use the Website, download the Balance App and create an account with us in order to access the Balance App and any Balance App Services. These Terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what our liability to you is, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms or you think these terms require any changes, please contact us to discuss.
2.4 We may amend these Terms from time to time and will inform you by email of any significant changes made.
3 WHO WE ARE
We are Balance App Limited, a company registered in England and Wales with company number 12369730. Our registered office is at Winton House, Church Street, Stratford-Upon-Avon, Warwickshire, United Kingdom, CV37 6HB. You can contact us by email at email@example.com. Our VAT number is 350 6246 18.
4.1 Free Services: We agree to provide you with the following Free Services under these Terms:
4.1.1 All Content provided by us to you via our Website.
4.1.2 All Content provided by us to you via the Balance App.
4.1.3 Access to your own journal within the Balance App where you can log your own health and wellbeing information.
4.1.4 Complete an optional menopause questionnaire via the Balance App to track your symptoms and to allow you to generate a health report.
4.1.5 You can take assessments via the Balance App to see which areas of your health you may be able to improve and how you do that e.g. tips provided to you on diet and exercise.
4.1.6 View statistics and charts of your mood and symptoms via the Balance App.
4.1.7 View your period calendar via the Balance App.
4.1.8 Access to a community forum within the Balance App which enables you to upload you own stories or view other user’s stories and leave comments to other users of the Balance App ("Community Forum Contribution").
4.1.9 Participate in experiments and view and comment on other user’s experiments within the Balance App.
4.2 Paid-For Services:In the future,we may provide you with Paid-For Services. When we do so, we shall provide an update to these Terms
5.1 The Website is made available to you free of charge.
5.2 The Balance App is made available to you for download free of charge.
5.3 The Free-Services are made available to you once you create an account with us and will be provided to you free of charge.
6.1 We own and operate the Website, the Balance App and any Services. We will use reasonable endeavours to keep the technology powering the Website, the Balance App and the Services operational, allowing for appropriate maintenance windows and acknowledging that a certain amount of unscheduled downtime is inherent in web-based services such as the Services.
6.2 We will perform the Services using reasonable skill and care. We offer no other warranty in respect of the Services, and all warranties which would otherwise be implied into these Terms by operation of law are excluded to the fullest extent permitted.
6.3 We may add or remove features from the Website, the Balance App or any Services from time to time. We will use reasonable endeavours to inform you of changes to features of the Website, the Balance App or any Services likely to have a significant impact on how you use it.
6.4 We do not warrant or accept any responsibility for the accuracy or completeness of the Content or related information provided on the Website, the Balance App or through any Services.
6.5 The Website, the Balance App and any Services are for guidance and information purposes only and all Content provided on the Website, the Balance App or through any Services is not intended to amount to medical advice on which reliance should be placed. We do not have knowledge of your specific state of health and although the Content is intended to provide general information which may be of interest to you, we cannot guarantee that the Content is suitable for your personal health and symptoms. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read within the Content. If you think you may have a medical emergency, call your doctor or the emergency services immediately. We do not recommend or endorse any specific tests, doctors, products, procedures, opinions, or other information that may be mentioned within the Content. We therefore disclaim all liability and responsibility arising from any use of, or reliance on, any Content by you.
6.6 Although we make reasonable efforts to update the information on our Website, the Balance App and any Services, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date. We will update and maintain the Content on the Website and within the Balance App as we deem necessary from time to time.
6.7 You must obtain professional or specialist advice before taking or refraining from any action on the basis of the Content on our Website, the Balance App or through any Services provided by us.
7 YOUR RESPONSIBILITIES GENERALLY
7.1 You must be 18 years or older to use the Balance App and our Services.
7.2 You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
7.3 In order to use the Balance App, you must create an account with us. To register, we will ask you to provide us with a username, your date of birth, email address and whether you still have periods. You will be asked to choose a password. Once we have verified your email address, you will be notified that your account has been successfully activated.
7.4 You may not create an account with us using an assumed name or someone else’s identity.
Subject to your compliance with the Terms and the Apple Application Store or Google Android terms and conditions (discussed in further detail at paragraph 19), we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Balance App on a single, authorised mobile device that you own or control solely for your lawful, personal, and non-commercial use.
9.1 You agree that you will:
9.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the Balance App in any form, in whole or in part to any person without prior written consent from us;
9.1.2 not copy the Balance App, except as part of the normal use of the Balance App or where it is necessary for the purpose of back-up or operational security;
9.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Balance App nor permit the Balance App to be combined with, or become incorporated in, any other programs, except as necessary to use the Balance App on devices as permitted in these Terms;
9.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Balance App nor attempt to do any such things; and
9.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Balance App.
10.1 You must:
10.1.1 not use the Website, the Balance App or any Services 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 Website, the Balance App, or any Services or any operating system;
10.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the Website, the Balance App or any Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);
10.1.3 not transmit any material that is illegal, fraudulent, defamatory, offensive or otherwise objectionable in relation to your use of the Website, the Balance App or any Services;
10.1.4 not use the Website, Balance App, or any of the Services to provide, or purport to provide, medical advice;
10.1.5 not use the Website, the Balance App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
10.1.6 not collect or harvest any information or data from the Website, the Balance App or any Services or our systems or attempt to decipher any transmissions to or from the servers running the Website, the Balance App or any Services.
11.1 You agree that:
11.1.1 Any Community Forum Contribution you post to the Balance App:
(a) is your own original work;
(b) has been lawfully provided to us (in particular, it is not in breach of any intellectual property rights of any third parties) and that you have all necessary consents to provide this to us;
(c) is not made to endorse or recommend, actively, any particular product or service; and
(d) is respectful to other users.
11.2 In engaging in our community forum and posting any Community Forum Contribution on the Balance App, you agree:
(i) not to deliberately post hostile messages (also known as ‘flaming’ or ‘bashing’);
(ii) not to befriend any another users in an abusive or exploitative manner (also known as ‘grooming’);
(iii) that your Community Forum Contribution does not contain any material which might bring us or the Balance App into disrepute;
(iv) not to promote violence, any pornographic material or any activity that is illegal; and
(v) not to promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
11.2.2 Any reliance you may place on any Community Forum Contribution is at your own risk. You should make all such reasonable enquiries as are necessary (including with any qualified third parties) and take all such reasonable steps to protect yourself if you wish to rely on any information in any Community Forum Contribution on the Balance App. The Community Forum Contribution is provided either by you and other users of the Balance App for general information and discussion purposes only. It does not constitute technical or medical advice or any other type of advice and should not be relied on for any purposes. We therefore disclaim all liability and responsibility arising from your use of, or reliance on, any Community Forum Contribution.
11.3 Any Community Forum Contribution you upload to the Balance App will be considered non confidential and non-proprietary.
11.4 If you believe a Community Forum Contribution uploaded to the Balance App is in breach of these Terms and you wish to complain, you may notify us by clicking on the “Report” button within the Balance App.
11.5 We reserve the right to remove any Community Forum Contribution reported to us that in our opinion does not comply with these Terms.
12.1 We own or are licensed to use the intellectual property rights in the Website, the Balance App and our Services, including our branding and the underlying technologies. You may not make any use of or exploit in any way any of our intellectual property rights.
12.2 You acknowledge that all intellectual property rights in the Website, the Balance App and the Services anywhere in the world belong to us or our licensors, that rights in the Website, the Balance App and the Services are licensed (not sold) to you, and that you have no rights in, or to, the Website, the Balance App, or the Services other than the right to use each of them in accordance with these Terms.
13 OUR LIABILITY TO YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
13.2 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.
13.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.4 We only supply the Website, the Balance App and any Services for domestic and private use. You agree not to use the Website, the Balance App and any Services for any commercial, business or re-sale purpose and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5 If our provision of 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.
14.1 We do not guarantee that the Website and Balance App will be secure and free from bugs or viruses.
14.2 You are responsible for configuring your information technology, computer programmes, device and platform in order to access the Website and the Balance App. You should use your own virus protection software.
15.1 You may end these Terms by:
15.1.1 de-activating your account at any time by emailing firstname.lastname@example.org and requesting that your account is de activated; and
15.1.2 deleting the Balance App completely from all devices.
15.2 Once you have de-activated your account your profile will no longer be visible.
16.1 We may end these Terms for convenience and without any liability, by giving you written notice.
16.2 We may end these Terms immediately and cancel your access to the Balance App you if you have broken these terms in a serious way such as:
16.2.1 if you breach any of the licence restrictions, acceptable use restrictions or Community Forum Contribution obligations in paragraphs 9, 10 and 11 of these Terms;
16.2.2 if We are subject to any laws or regulations which require us to end your use of the Balance App and/or the Services; or
16.2.3 if we have security concerns in relation to your use of the Balance App and/or the Services.
16.3 If what you have done can be put right we will give you a reasonable opportunity to do so.
17.1 If these Terms are ended:
17.1.1 the licence to use the Balance App and all rights given to you under these Terms shall stop immediately;
17.1.2 you must immediately stop using the Balance App and the Services; and
17.1.3 you must immediately delete or remove the Balance App from all devices.
Should you require any help using the Website, the Balance App or the Services, please email us at: email@example.com.
The ways in which you can use the Service may also be controlled by the Apple Application Store or Google Android terms and conditions and policies and they will apply instead of these Terms where there are differences between the two.
20 OPERATING SYSTEM REQUIREMENTS FOR THE BALANCE APP
20.1 The Balance App requires one of the following devices:
20.1.1 Apple: An Apple device running on iOS 10 and above. You will also need a minimum of 50 MB of spare storage space on your chosen device.
20.1.2 Android: An Android device with internet access running Android v7.0 or above operating system.
20.2 We may decide at our sole discretion at any time in the future to discontinue supporting any of these operating systems.
21 YOUR PRIVACY
22.1 If you have a complaint, please email us at firstname.lastname@example.org.
22.2 In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
23 OTHER IMPORTANT TERMS
23.1 These Terms and the documents referred to in them contain the whole of the agreement between you and us relating to the Service.
23.2 No representation or other pre-contractual statement will have any legal effect unless (and solely to the extent that) it is repeated in these Terms.
23.3 These Terms are the terms of a contract whereby we provide you with access to our Services. Nothing in these Terms will create any relationship of partnership, agency or employment between us.
23.4 No waiver of any of these Terms will be valid unless we agree it in writing.
23.5 These Terms and all non-contractual obligations arising out of or in connection with them are governed by English law and subject to the exclusive jurisdiction of the English courts.