Terms & Conditions - Minuteful Kidney Test, Minuteful UTI, and Minuteful 10 Apps

LAST UPDATED: November 6, 2022

IMPORTANT: Please carefully read the terms and conditions of this end user licence agreement. These terms and conditions apply to the following mobile apps (collectively, the “App”): Minuteful™ Kidney Test app; Minuteful™ UTI app; Dip UTI™ app; Minuteful™ 10 app; Dip.io™ app; and Minueful UTI™ app.

Accepting the Terms and Conditions of Use.

Thank you for downloading the App. Please read these terms and conditions carefully before using this App, the urine test kit (the “Kit”) or any part of the related services, as they constitute a legally binding agreement between you and Healthy.io Ltd., together with its subsidiaries, (“Healthy.io”, “Us”, or “We”), and check them periodically for changes.

ANY USE OF THE APP, THE KIT OR ANY OF THE SERVICES AVAILABLE FROM TIME TO TIME ON OR IN CONNECTION WITH OUR KITS OR APPLICATIONS (COLLECTIVELY, THE “PRODUCT”), IS SUBJECT TO AND CONDITIONAL UPON AGREEMENT TO AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (THE “AGREEMENT”). BY USING THE PRODUCT YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT, AND THAT (i) YOU ARE OF LEGAL AGE AND CAPACITY TO FORM A BINDING CONTRACT AND (ii) YOU ARE BASED IN THE UNITED KINGDOM.

We may change the terms of this Agreement from time to time and will make material updates thereto by posting notice on the App. Please periodically check this page for updates. Your continued use of the Product shall constitute your consent to any changes made. If you do not agree to the new terms, you should not use the Product.

DISCLAIMER: THE PRODUCT DOES NOT, IN ANY WAY, CONSTITUTE MEDICAL ADVICE OR A SUBSTITUTE FOR SEEKING PROFESSIONAL ADVICE OR SERVICES. DO NOT USE THIS APP FOR SELF-DIAGNOSIS OR SELF-MEDICATION. WE EMPHASISE THAT WE ARE NOT IN ANY WAY A HEALTH SERVICE PROVIDER OR A MEDICAL ORGANISATION AND CANNOT GIVE OUT MEDICAL ADVICE OR DIAGNOSIS. ALWAYS SEEK YOUR DOCTOR'S ADVICE FOR ANY MEDICAL QUESTIONS YOU MAY HAVE. RELYING ON INFORMATION PRESENTED IN THIS APP IS AT YOUR OWN RISK.

The Product

1.1 Access and use of the Product is permitted only for your own personal use and only as long as you are in compliance with this Agreement.

1.2 We may for any or no reason, in our sole discretion and without notice or liability to you or any third party, refuse Product or terminate the Product at any time, and may immediately suspend or terminate your account (if any) and block any and all current or future access to and use of the Product (or any portion thereof), without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, Our determination that you violated the letter or spirit of this Agreement or an infringement of the rights of others or any applicable laws or regulations.

1.3 You acknowledge that We may, in our sole discretion and at any time(s), change or discontinue providing any part of the Product. In addition, We may, from time to time, perform maintenance upon the Product resulting in interrupted service, delays or errors in the Product.

1.4 Although we try to make the Product always available to you, We cannot make any guarantee and will not be held liable for any service disruptions, whether temporary or not.

1.5 As a condition of your use of the Product you warrant and represent that (i) if you are using the Minuteful™ UTI and Dip UTI™ Products you are at least sixteen (16) years of age, and if you are using the Minuteful™ Kidney Test, Minuteful™ 10 or Dip.io™ Products you are at least eighteen (18) years of age; and (ii) you are based in the United Kingdom, and (iii) you have all necessary right, power and authority to enter into and perform under this Agreement. You are entirely responsible for all your use and consequences of using the Product and submitting your urine results on the Product.

General User Conduct

In connection with the Product, you agree (i) to abide by all applicable laws and regulations, (ii) only make use of information that you own or have a right to use, and (iii) only act appropriately. Without limiting the above, you may not:

2.1 Allow or facilitate a third party, to violate or infringe any rights of Us or others or our policies or the operational or security mechanisms of the Product.

2.2 Use the Product in any way that restricts or inhibits the use of the Product.

2.3 Alter, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Product (including without limitation trademarks, service marks and logos contained in the Product (“Marks”) but excluding content provided entirely by you).

2.4 Access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Product or any of the Product's security and traffic management devices.

2.5 Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Product, submit content, or monitor or scrape information from the Product.

2.6 Create or provide any other means through which the Product may be accessed, for example, through server emulators, whether for profit or not.

Use of the Product for Demonstration Purposes

If you are invited to access the Product as a demonstration, or the Product or features of the Product designated at the time by Healthy.io as demonstration of the Product, or you access any features of the Product used solely for demonstration purposes, you acknowledge that: (a) under this demonstration, you will not receive results reflecting your tests. Any results provided to you are not related to your actual use of the App. Accordingly, you should not rely on any results received as a result of this demonstration; (b) access and use of the Product is permitted only for demonstration purposes and only as long as you are in compliance with this Agreement; (c) such features may have not been made commercially available by Healthy.io; (d) such features or results may not be relied upon or fully functional; (e) such features may contain errors, design flaws, or other problems or may be in demonstration-mode only and not intended to provide actual results; (f) it may not be possible to make such features fully functional; (g) such features may change and may not become generally available; and (h) Healthy.io is not obligated in any way to continue to provide or maintain such features or access for any purpose in providing the Product. These demonstration features are provided AS IS, with all faults. You assume all risks arising from use of such features, including, without limitation, the risk of damage to your mobile device or the corruption or loss of data. THE PRODUCT PROVIDED AS A DEMONSTRATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE OR USE AND SATISFACTORY QUALITY, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HEALTHY.IO (AND/OR ITS EMPLOYEES, PARTNERS, ASSOCIATES AND/OR REPRESENTATIVES) BE LIABLE FOR ANY DAMAGE (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, SUCH AS DAMAGE DUE TO LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, DAMAGE TO GOODWILL, ETC.) ARISING OUT OF THE USE AND/OR INABILITY TO USE AND/OR THE RESULTS OF USE OF THE PRODUCT, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE. THE SOLE AND EXCLUSIVE RELIEF AVAILABLE TO YOU IN ANY SUCH EVENT(S) IS TO CEASE USING THE PRODUCT. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY WHICH THE LAW DOES NOT ALLOW A PARTY TO LIMIT OR EXCLUDE.

Proprietary Rights

The App, including without limitation the Marks, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to the App and as a collective work or compilation, pursuant to laws and international conventions. You acknowledge and agree that We (or our licensors) own and will own all intellectual property rights in or relating to the Product, the App and our Marks. Any rights to the App, Marks or Product not expressly granted herein are reserved by Us. We make no claim of ownership as to the trademarks of any third party linked or displayed on the Product, or with respect to any publisher or publication mentioned on the Product.

Links to Other Websites and Applications

The Product may contain links and references to websites and applications of others. We may, from time to time, at our sole discretion, add or remove links. These links are provided solely as a convenience to you, and access to any such websites or applications is at your own risk. If you decide to transfer any of your content (including urine results) to any third-party website or application, you do so solely at your entire discretion. When you leave the Product it is your responsibility to read the terms and conditions and privacy policy of each other website and application that you visit. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites or applications. In no event will we be responsible for the information contained in, transmissions received from, or your use of or inability to use, such websites or applications, or their services.

The Product contains certain third-party software, including such that are licensed under Open Source licences. Such third party software is provided "As-Is" without any warranties of any kind whatsoever, and such software is also subject to all the terms and conditions required by the respective third-party. The list of the applicable notices and licences relevant to the third party software, including the software licensed under Open Source licences, can be found here.

Licence

You hereby grant Us a royalty-free right to use your data and content solely in order to provide the Product in accordance with this Agreement.

User Content

You hereby grant Us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide licence to use and display the information and materials that you provide to Us through the Product as reasonably necessary to provide the Product to you, subject to our Privacy Policy. You agree that we are free to use any feedback, ideas or suggestions (“Feedback”) that you provide to Us with respect to the Product for any purposes whatsoever without any restriction, including developing and marketing new products, services and features without any liability or payment of any kind to you. You waive all intellectual property rights in any such Feedback.

Data Protection and Privacy Statement

8.1 The privacy notices of the Minuteful™ Kidney Test app, Minuteful™ 10 app and Minuteful™ UTI app are incorporated into this Agreement by reference, and form a part of it. The apps’ privacy notices can be reached via the following links:

8.2 Healthy.io as a Data Processor: When you are using the Minuteful™ Kidney Test app or the Minuteful™ 10 app, then for the purposes of the Data Protection Act (2018) and the European General Data Protection Regulation (2016) Healthy.io is a Data Processor, and the healthcare provider who referred you to the Product is the Data Controller. These roles have different responsibilities under data protection law.

The Data Controller is responsible for determining the purposes and means of the processing of personal data. They are required to inform the Data Subjects (you) about the data processing, ensure it is secure, prevent any unlawful access, modification, loss or destruction to your data and allow data subjects the opportunity to exercise their rights and freedoms afforded by data protection law.

As a Data Processor, Healthy.io processes your personal data under the terms of a contract between Us and the Data Controller (your healthcare provider). This is to ensure your personal data is processed lawfully and securely. This defines the purpose, duration and nature of processing, the type of data, categories of recipient and the plan for returning and/or destroying personal data at the end of the contract. Healthy.io cannot operate outside of this contract and must follow the instruction of your healthcare provider.

If you would like to find out more about how your information is processed, access a copy of your data, update any details, or any other request, these need to be directed to your healthcare provider. If you have any concerns with how your data is being used, you can contact your healthcare provider or raise a concern with the Information Commissioner's Office (ICO) who are the data protection regulator for the United Kingdom. Please see the ICO website for more details.

8.3 Healthy.io as a Data Controller: When you are using the Minuteful™ UTI or DIP UTI app, then it is hereby clarified that for the purposes of the Data Protection Act (2018) and the European General Data Protection Regulation (2016) Healthy.io operates as a Data Controller. As a Data Controller, Healthy.io is responsible for determining the purposes and means of the processing of personal data, as further described in the Minuteful™ UTI and DIP UTI apps’ Privacy Notice.

Disclaimers of all Warranties

THE PRODUCT IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, WE AND OUR SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE OR USE AND SATISFACTORY QUALITY, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

10.1 NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY WHICH CANNOT LEGALLY BE LIMITED.

10.2 SUBJECT TO SECTION 10.1: 10.2.1 NEITHER HEALTHY.IO (AND/OR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, PARTNERS, AND/OR REPRESENTATIVES) BE LIABLE FOR ANY DAMAGE (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, SUCH AS DAMAGE DUE TO LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, DAMAGE TO GOODWILL, ETC.) ARISING OUT OF THE USE AND/OR INABILITY TO USE AND/OR THE RESULTS OF USE OF THE PRODUCT, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, AND ANY LIABILITY WE OR YOU HAVE SHALL BE LIMITED TO FORESEEABLE LOSSES; 10.2.2 HEALTHY.IO (AND/OR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, PARTNERS, AND/OR REPRESENTATIVES) SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE OR DELAY OF THE SERVICE THAT IS CAUSED BY EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS (WITHOUT LIMITATION) YOUR DEVICE HAVING A SLOW OR WEAK INTERNET CONNECTION, OR YOUR FAILURE TO FOLLOW THE USER INSTRUCTIONS ACCOMPANYING YOUR URINE TEST KIT AND/OR PROVIDED TO YOU THROUGH THE APP; AND 10.2.3 HEALTHY.IO’s (AND/OR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, PARTNERS, AND/OR REPRESENTATIVES) AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCT SHALL NOT EXCEED £100.

Governing Law and Exclusive Courts

This Agreement will be governed by laws of England and Wales and subject to the exclusive jurisdiction of the courts of England.

General

This Agreement comprises the entire agreement between you and Us, and state our and our suppliers' entire liability and your exclusive remedy with respect to the Product, and supersede all prior agreements pertaining to this Agreement's subject matters. If any provision of this Agreement is held to be contrary to law, such provision shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. Our suppliers are third-party beneficiaries of this Agreement. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Us to a successor of all or substantially all of Our business or assets.