Please read these licence terms carefully before using the App.
BY DOWNLOADING AND USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD AND USE THE APP.
We are ChangeXtra Limited doing business as ChangeXtra ("Company," “we,” “us,” or “our”), a company registered in the United Kingdom at The Ingenuity Lab, Triumph Road, Nottingham NG7 2TU. We operate the mobile application Pausetrack [v3.0], the data supplied with the software and(the “App” or “Pausetrack”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”). You can contact us by email at admin@changeXtra.co.uk, or by mail to ChangeXtra, The Ingenuity Lab, Triumph Road, Nottingham NG7 2TU.
Pausetrack enables self-care in peri-menopause. Pausetrack is a health tracking app where users can track symptoms and ‘interventions’ which are self-care behaviours to try to improve their symptoms. The App also offers a wide range of resources for awareness and information about the menopause, symptoms and ways to live well. Pausetrack helps users to see patterns in health data which can inform their self-care decision making.
This end-user licence agreement (EULA) is a legal agreement between you, whether personally or on behalf of an entity (“end-user” or “you”) and the Company. You must be 18 or over to accept these terms and download the App.
We license you to use:
as permitted in these Legal Terms.
These Legal Terms constitute a legally binding agreement made between you, and us and concerning your access to and use of the App. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We may need to change these Legal Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify 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
You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are notified to you.
We licence use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site, located at https://play.google.com/store/apps and https://itunes.apple.com/gb/genre/ios/id36 (Appstore), you downloaded the App from (App Store Rules)
We remain the owners of the App and Documents at all times.
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://pausetrack.co.uk/privacy-policy-1and it is important that you read that information.
Pausetrack requires an Apple or Android Device with a minimum of [512MB] of memory. The minimum operating systems we support are iOS 10 and Android 6 and above. The App may work on other Operating Systems but the Operating Systems specified above are the minimum Operating Systems we test on and guarantee that the App will run for.
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 https://pausetrack.co.uk.
We may change these terms at any time, notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service(s).
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, address security issues or alter or remove app content. Depending on the update, you may not be able to use the App or the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
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 assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App onto the Devices. You will be responsible for complying with these terms, whether or not you own the phone or other device. You and they may be charged by your and their service providers for internet access on the Devices. You should check with your mobile or internet service provider for details of data and internet usage charges. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service(s) on or in relation to any Device, whether or not it is owned by you.
The terms of our privacy policy from time to time (Privacy Policy), available at https://pausetrack.co.uk/privacy-policy-1 for the Pausetrack App(s) are incorporated into this EULA by reference and apply to those Services that are not specified in condition 1.1 as having separate privacy policies.
By using the App or any of the Service(s) and in accordance with our Privacy Policy (a link to which can be found at https://pausetrack.co.uk/privacy-policy-1, 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 Service(s) to you.
Apart from the services to you to improve your own lifestyle, the outcome of any study completed on the data collected (which shall be collected, aggregated and anonymised in line with our Privacy Policy (a link to which can be found here https://pausetrack.co.uk/privacy-policy-1) may form part of one or more scientific publications and may inform research and policies related to health and wellbeing, mobility, computer science, and related fields. You will not be identified in any report or publication. The data collected will be retained for analysis, and may be used to inform public policy or to provide information to selected third parties.
The App or any Service(s) may contain links to, or resources from, 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 through them.
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 general words.
In return for you agreeing to abide by the terms of this EULA, and for providing us with your personal data, we grant you a personal (i.e.non-transferable) non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the App store Rules, incorporated into this EULA by reference. We reserve all other rights.
You may:
(a) download the App onto an Apple or Android Device, in line with the operating system requirements set out at the beginning of this agreement and view, use and display the App and the Services on the Devices for your personal purposes only; and
(b) use the App and resources for your personal purposes only; and
(c) 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.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App, Documents or Services, except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security
(b) not to rent, lease, sub-license, loan, provide, or otherwise make available , translate, merge, adapt, alter, vary or modify the App, Services or Documents in any form, in whole or in part without written consent from us;
(c) not to translate, merge, adapt, vary, make alterations to, or modifications of, the whole or any part of the App or Services, or permit the App of 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;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or Services or attempt to do any such thing except to the extent that (by virtue of sections 50B and 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 App with another software program (Permitted Objective), and provided that the information obtained by you during such activities:
(e) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology);
together referred to as Licence Restrictions.
You must:
(a) not use the App( or any Service(s) 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, such as viruses, or harmful data, into the App, any Service(s) or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service(s), including the submission of any material (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service(s);
(d) not use the App or any Service(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service(s) or our systems or attempt to decipher any transmissions to or from the servers running any Service(s);
together referred to as Acceptable Use Restrictions.
You acknowledge that Pausetrack is a registered trademark in the UK under trademark number UK00003803151 and that all intellectual property rights in the App, the Documents, the Services and the Technology anywhere in the world belong to us or our licensors, that rights in the App and Services are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the App, the Documents, the Servicesor 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 App in source-code form.
You acknowledge that the App and Services have not been developed to meet your individual requirements, and that the extent of the data you input into the App will alter the level of use and access you’ll get from App and/or services and that it is therefore your responsibility to ensure that the facilities and functions of the App and the Services as described in the Documents meet your requirements.
Although we make reasonable efforts to update the information in the App, we make no representations, warranties or guarantees, whether express or implied that the content of the App is accurate, complete or up-to-date.
The content in the App is provided for general information only. Please note that the App shall not be construed as a medical tool of any sort. It is not intended to amount to advice on which you should rely. If you have any questions or concerns about the content within the App we recommend you seek professional or specialist advice before taking, or refraining from, any action on the basis of the content of the App.
If we fail to comply with these terms we are only responsible for loss or damage you suffer that is a foreseeable result of our breaking the terms of this EULA or our failure to use reasonable care and skill (Negligence), 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.
Nothing in this EULA shall limit or exclude our liability to you:
(a) for death or personal injury resulting from our Negligence;
(b) for fraud or fraudulent misrepresentation; and
(c) where it would be unlawful to do so.
We are not responsible for any data usage, roaming or other charges you incur when accessing the internet through your mobile or other Device, as specified in condition 1.4.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and if you do use them for any of these purposes we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The interventions and behaviour suggestions within these Apps are designed for beginners to gradually change behaviours. In particular, you should note the following:
(a) if you have any health concerns about beginning any health behaviour change regime, please make sure you consult your GP or health professional before starting.
(b) listening to your body is important; if you feel you unwell, see your GP for more advice.
You acknowledge that all information provided, whether originating from us or a third party, may have been compiled based on research or other relevant information. Although we make reasonable efforts to update the information provided by the App and the Services, we do not warrant, represent or guarantee, whether express or implied, that any such information is true or accurate and we exclude our liability to the fullest extent permitted by law, and in accordance with clause 6, in respect of the accuracy, completeness or fitness for purpose of that information.
The App is designed for persons over the age of 18 years old and the advice presented is not medical advice; it should not replace advice from a healthcare professional.
This App and the Services are provided for general information only and are designed to be used as a guide to help you increase healthy behaviours and monitor the impact of symptoms. They are not intended for any other purpose and do not offer advice on which you should rely.
You must obtain professional, specialist, and/or medical advice before taking, or refraining from, any action or behaviour changes on the basis of information obtained from the App or the Services, or if you feel unwell.
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 and in the Documentation) meet your requirements.
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.
We may terminate this EULA immediately by written notice to you:
(a) if you commit a serious or persistent breach of this EULA which you fail to put right (if remediable) within 14 days after the service of written notice requiring you to do so; or
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately stop all activities authorised by this EULA, including your use of the App and any Service(s); and
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
(d) we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
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 ChangeXtra, Ingenuity Lab, Nottingham NG7 2TU and admin@changeXtra.co.uk. 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 App.
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 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.Provided we do this 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.
We may transfer our rights and obligations under this EULA to another organisation. We will inform you in writing if this happens and we will ensure that 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. 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.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
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 paragraphs 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 and you can bring legal proceedings in respect of the products in the English Courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
This agreement has been entered into on the date of your first download of the App.
Thank you for being a Pausetrack user.