Effective Date: 1st March 2017.
This end-user license agreement (EULA) is a legal agreement between you
(End-user or you) and Infinity Health Limited (Licensor, us or we). We
are a company registered in England and Wales under company number
08783651 and with our registered office at, 35 Ballards Lane, London, N3
1XW, United Kingdom. Our VAT number is GB1850 34217. This EULA is an
agreement for the Infinity Health mobile and/or web application software
and the data supplied with the software (the Application).
We license use of the Application to you on the basis of this EULA and
subject to any rules or policies applied by the appstore provider from
whose site (located at www.apple.com/itunes (Appstore) you may have
downloaded the Application (Appstore Rules).
We do not sell the App to you. We remain the owners of the App at all
Operating system requirements: The mobile version of this Application
requires iOS version 7 and above. We recommend iPhone 5 as a minimum
hardware requirement for the best user experience and iPad 2 and above
for the tablet version. The web Application requires a PC with 2GB RAM
and Windows 7 or above, or a Mac with 2GB RAM and OSX 10.6 or above. We
highly recommended using Chrome version 33 and above for the best user
Important notice: You cannot use the Application without accepting the
terms and conditions of this EULA. Once you open the web Application or
download the mobile Application, it is considered that you accepted all
of the terms and conditions of the EULA and you will be licensed to use
the Application for personal use only, solely in connection with your
computer devices as set out below. The terms of the license include, in
limitations on liability in condition 7 below.
If you are a consumer you have the right to withdraw from your
transaction without charge and without any reason before using the
Application. However, you will lose the right to cancel the transaction
once you begin to use the Application. This does not affect your consumer
rights for an application that is defective.
You should print a copy of this EULA for future reference.
The terms of this EULA apply to the Application or any of the
services accessible through the Application (Services), including
any updates or supplements to the Application or any Service,
unless they come with separate terms, in which case those terms
apply. If any open-source software is included in the Application
or any Service, the terms of an open-source licence may override
some of the terms of this EULA.
We may change these terms at any time by sending you an email
with details of the change or notifying you of a change when you
next start the Application. The new terms may be displayed
on-screen and you may be required to read and accept them to
continue your use of the Services.
From time to time updates to the Application may be issued
through our website at https://www.infinityhealth.io or the
Appstore.. Depending on the update, you may not be able to use
the Services until you have opened or downloaded the latest
version of the Application and accepted any new terms.
You will be assumed to have obtained permission from the owner of
the mobile telephone or handheld devices that are controlled, but
not owned, by you and described in condition 3.2(a) (Devices) and
to download a copy of the Application onto the Devices. You and
they may be charged by your and their service providers for
internet access on the Devices. You accept responsibility in
accordance with the terms of this EULA for the use of the
Application or any Service on or in relation to any Device,
whether or not it is owned by you.
into this EULA by reference. Additionally, by using the
Application or any Service, you acknowledge and agree that
internet transmissions are never completely private or secure.
You understand that any message or information you send using the
Application or any Service may be read or intercepted by others,
even if there is a special notice that a particular transmission
By using the Application or any of the Services, you consent to
us collecting and using technical information about the Devices
and related software, hardware and peripherals for Services that
are internet-based or wireless to improve our products and to
provide any Services to you.
The Application or any Service may contain links to other
independent third-party websites (Third-party Sites). Third-party
Sites are not under our control, and we are not responsible for
and do not endorse their content or their privacy policies (if
any). You will need to make your own independent judgement
regarding your interaction with any Third-party Sites, including
the purchase and use of any products or services accessible
Any words following the terms including, include, in particular
or for example or any similar phrase shall be construed as
illustrative and shall not limit the generality of the related
Grant and scope of licence
In consideration of you agreeing to abide by the terms of this
EULA, we grant you a non-transferable, non-exclusive licence to
use the Application on the Devices, subject to these terms,
EULA by reference. We reserve all other rights.
download a copy of the Application onto 10 mobile Devices
and to view, use and display the Application on the Devices
for your personal purposes only; and
use the Documents for your personal purposes only.
Except as expressly set out in this EULA or as permitted by any
local law, you agree:
together Licence Restrictions.
not to copy the Application or Documents except where such
copying is incidental to normal use of the Application, or
where it is necessary for the purpose of back-up or
not to rent, lease, sub-license, loan, translate, merge,
adapt, vary or modify the Application or Documents;
not to make alterations to, or modifications of, the whole
or any part of the Application, or permit the Application
or any part of it to be combined with, or become
incorporated in, any other programs;
not to disassemble, decompile, reverse-engineer or create
derivative works based on the whole or any part of the
Application or attempt to do any such thing except to the
extent that (by virtue of section 296A of the Copyright,
Designs and Patents Act 1988) such actions cannot be
prohibited because they are essential for the purpose of
achieving inter-operability of the Application with another
software program, and provided that the information
obtained by you during such activities:
is used only for the purpose of achieving
inter-operability of the Application with another
is not unnecessarily disclosed or communicated without
our prior written consent to any third party; and
is not used to create any software that is
substantially similar to the Application;
to keep all copies of the Application secure and to
maintain accurate and up-to-date records of the number and
locations of all copies of the Application;
to include our copyright notice on all entire and partial
copies you make of the Application on any medium;
not to provide or otherwise make available the Application
in whole or in part (including object and source code),
in any form to any person without prior written consent
from us; and
to comply with all technology control or export laws and
regulations that apply to the technology used or
supported by the Application or any Service (Technology),
Acceptable use restrictions
together Acceptable Use Restrictions.
not use the Application or any Service in any unlawful manner,
for any unlawful purpose, or in any manner inconsistent with
this EULA, or act fraudulently or maliciously, for example, by
hacking into or inserting malicious code, including viruses, or
harmful data, into the Application, any Service or any
not infringe our intellectual property rights or those of any
third party in relation to your use of the Application or any
Service, including the submission of any material (to the
extent that such use is not licensed by this EULA);
not transmit any material that is defamatory, offensive or
otherwise objectionable in relation to your use of the
Application or any Service;
not use the Application 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.
Intellectual property rights
You acknowledge that all intellectual property rights in the
Application, the Documents and the Technology anywhere in the world
belong to us or our licensors, that rights in the Application are
licensed (not sold) to you, and that you have no rights in, or to,
the Application, the Documents or the Technology other than the right
to use each of them in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to the
Application in source-code form.
In submitting or transmitting any material using the Services you
grant us a transferable, sub-licensable, non-exclusive,
royalty-free, worldwide, irrevocable license to use such material
in connection with the Application and any Service.
Limited warranty and support
We warrant that:
for a period of 90 from the date on which the Application is
downloaded to the Devices (Warranty Period).
the Application will, when properly used and on an operating
system for which it was designed, perform substantially in
accordance with the functions described in the Documents; and
that the Documents correctly describe the operation of the
Application in all material respects,
If within the Warranty Period you notify us in writing of any
defect or fault in the Application as a result of which it fails
to perform substantially in accordance with the Documents, you
will be entitled to download another copy of the Application or a
pro rata refund of the unexpired portion of your subscription
(calculated by reference to the amount you paid to use that
version of the Application less a reasonable administrative fee).
You will not be entitled to a refund if we are unable to
replicate the defect or fault or if (in our reasonable opinion)
the issue is caused by user error or user equipment. In the case
of defective Services we reserve the right to offer an additional
free period of Service instead of any refund. Where a refund is
paid you will not be permitted to re-register for the Application
(including the free version of the Application).
The warranty does not apply:
if the defect or fault in the Application or any Service
results from you having altered or modified the Application;
if the defect or fault in the Application results from you
having used the Application in breach of the terms of this
if you breach any of the Licence Restrictions or the
Acceptable Use Restrictions.
This warranty is in addition to your legal rights in relation to
software that is faulty or not as described. Advice about your
legal rights is available from your local Citizens' Advice Bureau
or Trading Standards office.
If you require any technical support in relation to your use of
the Application or any Service provided by us, please email us at
Limitation of liability
You acknowledge that the Application has not been developed to
meet your individual requirements, and that it is therefore your
responsibility to ensure that the facilities and functions of the
Application as described in the Documents meet your requirements.
We only supply the Application and Documents for domestic and
private use. You agree not to use the Application and Documents
for any commercial, business or resale purposes, and we have no
liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
We are only responsible for loss or damage you suffer that is a
foreseeable result of our breach of this EULA or our negligence
up to the limit specified in condition 8.4, but we are not
responsible for any unforeseeable loss or damage. Loss or damage
is foreseeable if it is an obvious consequence of our breach or
if they were contemplated by you and us at the time we granted
you the EULA.
Our maximum aggregate liability under or in connection with this
EULA (including your use of any Services) whether in contract,
tort (including negligence) or otherwise, shall in all
circumstances be limited to total amount you have paid by you for
the Application or relevant Service (including any updates). This
does not apply to the types of loss set out in condition 8.5.
Nothing in this EULA shall limit or exclude our liability for:
death or personal injury resulting from our negligence;
fraud or fraudulent misrepresentation; and
any other liability that cannot be excluded or limited by
We may terminate this EULA immediately by written notice to you:
if you commit a material or persistent breach of this EULA
which you fail to remedy (if remediable) within 14 days after
the service of written notice requiring you to do so;
if you breach any of the Licence Restrictions or the
Acceptable Use Restrictions; and
and Conditions which can be found at
On termination for any reason:
all rights granted to you under this EULA shall cease;
you must immediately cease all activities authorised by this
EULA, including your use of any Services;
you must immediately delete or remove the Application from
all Devices, and immediately destroy all copies of the
Application and Documents then in your possession, custody or
control and certify to us that you have done so; and
we may remotely access the Devices and remove the Application
from all of them and cease providing you with access to the
Communication between us
If you wish to contact us in writing, or if any condition in this
EULA requires you to give us notice in writing, you can send this
to us by e-mail or by prepaid post to Infinity Health Limited at
35 Ballards Lane, London, N3 1XW, United Kingdom and
[email protected] We will confirm receipt of this by
contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will
do so by e-mail or by pre-paid post to the address you provide to
us in your request for the Application.
Events outside our control
We will not be liable or responsible for any failure to perform,
or delay in performance of, any of our obligations under this
EULA that is caused by any act or event beyond our reasonable
control, including failure of public or private
telecommunications networks (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the
performance of our obligations under this EULA:
our obligations under this EULA will be suspended and the
time for performance of our obligations will be extended for
the duration of the Event Outside Our Control; and
we will use our reasonable endeavours to find a solution by
which our obligations under this EULA may be performed
despite the Event Outside Our Control.
Other important terms
We may transfer our rights and obligations under this EULA to
another organisation, but this will not affect your rights or our
obligations under this EULA.
You may only transfer your rights or obligations under this EULA
to another person if we agree in writing.
If we fail to insist that you perform any of your obligations
under this EULA, or if we do not enforce our rights against you,
or if we delay in doing so, that will not mean that we have
waived our rights against you and will not mean that you do not
have to comply with those obligations. If we do waive a default
by you, we will only do so in writing, and that will not mean
that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any
court or competent authority decides that any of them are
unlawful or unenforceable, the remaining conditions will remain
in full force and effect.
Please note that this EULA, its subject matter and its formation,
are governed by English law. You and we both agree that the
courts of England and Wales will have non-exclusive jurisdiction.
However, if you are a resident of Northern Ireland you may also
bring proceedings in Northern Ireland, and if you are resident of
Scotland, you may also bring proceedings in Scotland.
This agreement has been entered into on the date stated at the beginning