Who we are and what this agreement does
We, ShinyMind Limited of Ranyell House, 10 Ellerbeck Way, Stokesley Business Park, Stokesley, Middlesbrough, TS9 5JZ (a company registered in England and Wales under company number 05290700) license you to use Shiny Mind mobile application software, the data supplied with the software (App) and any updates or supplements to it as permitted in these terms.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Shiny Mind’s terms also apply
The ways in which you can use the App may also be controlled by Apple Inc.’s rules and policies https://developer.apple.com/terms/ which will apply instead of these terms where there are differences between the two.
Operating system requirements
The App requires a mobile telephone and may only be operated on iOS or Android operating software ([versions iOS 11 or Android 7 or above).
Support for the App and how to tell us about problems
Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org .
How we will communicate with you. If we have to contact you, we will do so by email or SMS, using the contact details you have provided to us.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
To benefit from all of the features of the App you will be required to create and maintain an account. The App will also ask you to provide us with certain personal information including your name, email address as well as information in relation to your own well-being. The App is able to generate information, recommend activities, classes and exercises according to the information you provide and maintain.
If we have reason to believe that there is likely to be a breach of security or misuse of the App through the account you have created we may require you to change your password or we may need to suspend your account. Until we are satisfied that your account is secure, you may not be able to access the App.
You shall use reasonable endeavours to ensure that all personal information that you supply to us will be accurate, complete and kept up to date. We may use the information provided to us to contact you.
You must be 18 to accept these terms and buy the app
You must be 18 or over to accept these terms and to download or use the App.
You may not transfer the App to someone else
We are giving you personally the right to use the App as set out above in the section “How you may use the App”. You may not otherwise transfer the App 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.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will aim to give you at least 30 days’ notice of any change by sending you an email or SMS with details of the change or notifying you of a change when you next start the App.
Updates to the App
From time to time we may automatically update the App to improve its performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you first installed the App.
If someone else owns the phone or device you are using
If you download 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 responsible for complying with these terms, whether or not you own the phone or other device.
We may collect technical data about your device
There are areas of the App which are tailored to you based on the information you provide, such as suggesting daily activities based on the diagnostic information you complete.
By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our App and any other products or services we might provide to you.
We are not responsible for other websites you link to
The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
Where the App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval, recommendation or an endorsement by us of those linked websites or information you may obtain from them. Similarly, we have no control over the contents of those sites or resources and are in no way responsible for the content of those sites or resources.
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
- download a copy of the App onto one compatible mobile telephone device and view, use and display the App on such devices for your personal purposes only.
- 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.
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, 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 necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
Acceptable use restrictions
- is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
Our App may occasionally include information or materials uploaded by other users of the App. This information and these materials have not been verified or approved by us and any publication by us is not an endorsement or recommendation. The views expressed by other users on our site do not represent our views or values.
Intellectual property rights
All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
We are only responsible to you for foreseeable loss and damage caused by us. 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 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.
Our total liability to you arising out of or in connection with these terms or your use of (or inability to use) the App shall be limited to the greater of (i) £50.00 or (ii) three times the price paid for the App during the 12 (twelve) months preceding the date on which the claim arose.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
What happens if you breach our terms. If we suffer any claims, demands, liabilities, damages, losses or costs (including any professional costs or expenses we might incur) that arise out of or in connection with (1) your access to or use of the App or (2) any serious breach by you of these terms you must reimburse or compensate us for any such loss or damage on a £ for £ basis.
We are not liable for damage to your property. 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 are not liable for business losses. The App is for your private, personal use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of sales or business, loss of agreements or contracts, business interruption, loss of business opportunity, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill or any other indirect or consequential losses.
If any provision or part-provision of these terms are or become invalid, illegal or unenforceable, they are deemed to be deleted, but that will not affect the validity and enforceability of the rest of these terms. If any provision or part-provision of these terms are deemed deleted under this paragraph, we will work with you to agree a replacement provision that achieves the intended commercial result of the original wording.
Limitations to the App.
The App is provided for general information purposes only. It does not offer advice on which you should rely.
In particular, we are not engaged in providing medical advice and nor do we wish to represent ourselves as qualified to provide medical advice. We are not qualified to provide professional medical advice and where any well-being information, activity, meditation or other suggestions are provided these are not designed to constitute advice and nor are we qualified to provide any medical advice in relation to your physical or mental health or otherwise.
We strongly recommend that you should and must seek prior professional medical advice before using the App and before using any features of the App and before commencing any suggested activity, program or meditation.
If you have any questions about your health, welfare or any other medical matter, you should and must consult your GP or an appropriate healthcare professional immediately. If you believe you might be experiencing any medical condition you should and must also seek immediate medical attention.
You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. The use of meditations should not be undertaken whilst carrying out any other activity that requires attention or concentration, including but not limited to when driving, operating any machinery or performing any other task.
Whilst we may provide details of suggested meditations, activities or techniques but you should and must also exercise your own independent judgment as to whether or not such meditations, activities or techniques are safe and appropriate for you to participate in.
The range of suggested meditations, activities and techniques are for general and illustrative purposes only and are not always specific, appropriate and right for you.
Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. 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.
Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the appstore site) meet your requirements.
We are not responsible for events outside our control. If our provision of or support for the App 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 but if there is a risk of substantial delay you may contact us to end your contract with us.
We may end your rights to use the App if you break these terms
We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
- not use the App in any unlawful manner, for any unlawful or commercial 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 App or any operating system;
- not login to the App from a server that you are not authorised to access or use the App in any way which may cause vulnerability to our system or network or otherwise transmit to or through the App anything which is intended to or may damage or detrimentally interfere with or intercept any system, data or personal information;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- not interfere with the rights of other users of the App or impersonate another person or user’s account information;
- not use the App 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 the App or our systems or attempt to decipher any transmissions to or from the servers running from the App.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
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 a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms 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.
Alternative dispute resolution
- You must stop all activities authorised by these terms, including your use of the App.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to its features.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use, details of which are available upon request by writing to us at the addresses provided above. You can submit a complaint to the provider, and we will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.