Effective date: May 26th 2020.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APPLICATION
These terms and conditions apply to the website https://skygazerlabs.com/wp/
("Website") and the associated 'mySymptoms' consumer mobile application ("Apps") hosted on the Apple iTunes Store, Amazon App Store and Google Play ("App Store"), and the Clinic web application ("Clinic App"), (together, the "Platform", "Services" or "Apps") which are operated by SkyGazer Labs Ltd. (collectively, "mySymptoms", "we", "our" or "us").
The primary purpose of the mySymptoms Consumer App is to enable users to monitor their symptoms and to share their symptoms and other data inputted into the Consumer App with their clinician if they choose to do so.
The primary purpose of the Clinic App is to enable clinicians to view the symptom and dietary information uploaded and shared by users of the Consumer App, in order for clinicians to offer medical advice and guidance to enable the user to better manage their symptoms. It remains for clinicians to use their professional judgment in providing advice, the App only provides information from consumers.
The Services are protected by copyright and international copyright treaties, as well as other intellectual property rights under law and treaties. The Services are licensed, not sold. The Services are licensed as follows:
Maintenance of Copyright Notices: You must not remove or alter any copyright notices on any and all copies of the Apps and our Website.
Distribution: You may not distribute registered copies of the Apps to third parties.
Prohibition on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile, or disassemble the Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Rental: You may not rent, lease, sub-licence, or lend the Apps.
Support Services: Whilst We are under no obligation to, We may provide you with technical support related to the Services ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Services and subject to the terms and conditions;
Compliance with Applicable Laws: You must comply with all applicable laws regarding use of the Services.
Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
We may update the Services from time to time, and may change the content at any time. However, please note that any of the content of the Services may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that the Services, or any content, will be free from errors or omissions.
Our Website is made available free of charge. The Consumer App is available from the Apple iTunes Store, the Amazon App Store and the Google Play Store. The premium version of the Consumer App is paid for upon downloading. Alternatively a free version of the Consumer App is downloaded free of charge and premium features within the Consumer App can be enabled through in-App purchases. We do not guarantee that our Website and Consumer App, or any content on it, will always be available or be uninterrupted. Access to the Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason our Website and Apps is unavailable at any time or for any period.
If you create, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
We are the owner or the licensee of all intellectual property rights within the Website and Apps, and in the material published therein. All such rights are reserved. We retain ownership of all intellectual property generated by the Services (this includes all source code and algorithms, developed and used from time to time).
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others to content posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website and Apps must always be acknowledged. You must not use any part of the content of the Services for commercial purposes without obtaining a licence to do so from us or our licensors.
The content provided through the Services is for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Services.
The Services are not intended for use by individuals aged 16 years or under.
Although we make reasonable efforts to update the information within the Services, we make no representations, warranties or guarantees, whether express or implied, that the content of the Services is accurate, complete or up-to-date.
We accept no responsibility for the accuracy of any content within the Services which is provided to us by third party data providers, and We will not accept liability for any reliance upon this data.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content within them, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
For clinicians using the Clinic App: We make no assurances concerning the accuracy of any data uploaded, and We accept no responsibility for the accuracy of any information uploaded by users of the Consumer App. Should you chose to rely upon any information made available to you via the Clinic App, you take full responsibility for any and all medical advice offered. For the avoidance of doubt, you accept full responsibility for any medical advice or guidance you offer to users of the Consumer App based upon any and all data that has been uploaded by users of the Consumer App, and any associated reports provided on it by the App.
If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Apps, our Website, or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
The Services are a source of information only and do not provide any medical or dietary advice. In no event shall We be liable for any consequences relating to your choice of diet. We recommend that you always consult a licensed physician or registered dietitian prior to modifying your diet. You assume all risks associated with your diet. Under no circumstances do We guarantee that the analytics/results provided by the Services correctly identify cause and effect between diary entries and outcomes – the Services provide an indication of correlation, and correlation does not imply causation.
If you request your information to be shared with clinicians or other healthcare professionals, your information will be securely shared from servers in Ireland to the Clinic App. Following your request, the clinician will receive an invitation from the Consumer App. Local cookies on the Clinic App will enable your information to be de-anonymised, at which point it will be considered Personal Data.
We do not guarantee that the Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, devices, computer programs and platform in order to access our Site and App. You should use your own virus protection software.
You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Site is stored or any server, computer or database connected to our Website.
You must not attack our Website or Apps via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 (United Kingdom). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
You may link to our home page, or any other pages on our Websiite, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Website other than that set out above, please contact email@example.com
Where our Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.
www.mysymptoms.net, www.skygazerlabs.com and any related domains as notified to you in writing from time to time, are websites operated by SkyGazer Labs Ltd ("We"). These Sites promote and provide links to third party sites that sell the Apps. We are registered in England and Wales under company number 07287061 and have our registered office at Lakin Rose, Pioneer House, Vision Park, Histon, Cambridge, CB24 9NL. We are a limited company.
To contact us, please email firstname.lastname@example.org.
Thank you for using our Services!