APPYOUPUNCTURE LIMITED: APP TERMS OF USE

BY BUYING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP.

1. who are we and what this agreement does

1.1 We AppYOUpuncture Limited of 7 Low Farm Court, Barnsley, England, S71 5FD license you to use:

(a) The Be Positive AppYOUpuncture mobile application software, the data supplied with the software, (“App”) and any updates or supplements to it; and

(b) The related online documentation (“Documentation”)

as permitted in these terms.

2. your privacy

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://bepositiveappyoupuncture.passion.io/privacy-policy and it is important that you read that information.

3. subscription term and renewal

3.1 We offer subscriptions to the App on a monthly or six-monthly basis as set out on our website. The duration and applicable fee for your chosen initial subscription is as specified at the time of purchase. 

3.2 We do not currently offer free trials, although we do offer a free App which will give you a taster of what the full version of the App can offer you. These terms also apply to the free version of the App, except for sections 4 and 5 which are not applicable. 

3.3 Subscriptions auto-renew for the same duration as your initial subscription unless cancelled by you. Monthly subscriptions will be billed continually by Stripe (https://stripe.com/gb) every month from the date of subscription and six-monthly subscriptions will be billed continually by Stripe every 6 months from the date of subscription. 

3.4 Cancellation is simple via the “cancel subscription” button within the App. To avoid being charged for the next billing cycle you should cancel giving at least 36 hours’ notice before the applicable renewal date. However please note that cancellation stops access to the App immediately, even if there is time left within your current billing period and therefore, please ensure you do not cancel too early. All subscriptions are non-refundable and there are no refunds for unused portions of your subscription term.

3.5 We reserve the right to change the subscription fees for any of our subscription plans at our discretion upon giving you not less than 28 days’ notice prior to the change taking effect. Notice will be given by email to the address associated with your account.

4. right to cancel under the consumer contracts regulations 

4.1 As a consumer, you have the right to cancel your subscription to the App within 14 days from the date of purchase for any reason. However, by purchasing and starting to download or use the App within the 14-day cancellation period, you acknowledge and agree that you will lose your right to cancel this agreement once downloading of the App has begun.

4.2 This means if you download or begin using the App immediately after purchase, you provide your express consent to the immediate supply of such digital content and acknowledge the loss of your right of withdrawal. 

5. operating system requirements

This App requires a minimum amount of memory and minimum operating system requirements on your mobile smart phone, computer or tablet device. Please check the Apple or Google Play App store requirements for downloading and using this App with regards these requirements.

6. support for the app and how to tell us about any problems

6.1 If you want to learn more about the App or have any problems using it, please take a look at our support resources at https://bepositiveappyoupuncture.com/

6.2 If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at admin@bepositiveappyoupuncture.com

6.3 If we have to contact you, we will do so by email, using the contact details you have provided to us.

7. how you may use the app

7.1 In return for your agreeing to comply with these terms you may:

(a) download or stream a copy of the App onto your personal use mobile phone, tablet, and/or computer, and view, use and display the App on such devices for your personal purposes only. 

(b) use any Documentation to support your permitted use of the App; 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.

7.2 You must be 18 or over to accept these terms and buy the App.

7.3 We are giving you personally the right to use the App as set out above in this section 7. 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.

7.4 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 responsible for complying with these terms, whether or not you own the phone or other device.

7.5 You agree:

(a) that this App and instructions within it are for self-use only and not for the treatment of other people or animals;

(b) and accept that self-acupuncture is not without physical risk, and you are at risk from bleeding, bruising, injury to nerves, tissues and blood vessels, and risk from infection;

(c) to follow all our provided safety instructions within the App and the Documentation or otherwise communicated to you and only use single use, sterilised, short (13mm) acupuncture needles, in the manner advised within this App (https://bepositiveappyoupuncture.com/safety) and disposed of safely in accordance with the relevant health authority rules where you live;

(d) not to do self-acupuncture on yourself if you have a blood clotting disorder, have a compromised or reduced immune system, or have had lymph nodes removed e.g. following surgery to treat cancer, until you have sought approval from your doctor;

(e) that with the knowledge of the aforementioned risks, that any acupressure or acupuncture performed by you on yourself, as a result of following the guidance in this App, is done entirely at your own risk and our liability to you is limited in accordance with section 14 below;

(f) that should you have concerns about your physical or mental health prior to using or during the use of this App, that you will seek appropriate, timely medical advice;

(g) that the self-acupuncture and self-acupressure point combinations are not to be used as an alternative to seeking medical advice;

(h) that the guided meditations and mindset positivity exercises are for entertainment purposes only, and not for the treatment of trauma, nor to be used as a replacement for seeking appropriate, timely medical advice; and

(i) that the aim of fertility acupuncture and acupressure is to enhance fertility, but that pregnancy and a baby is not guaranteed.

8. changes to these terms

8.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

8.2 We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.

9. update to the app 

9.1 From time to time we may automatically update the App to improve 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.

9.2 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.

10. third party websites

10.1 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).

10.2 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.

11. licence restrictions

11.1 You agree that you will:

(a) 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;

(b) not copy the App or the Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or the Documentation 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;

(d) 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; and

(e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

12. acceptable use restrictions

12.1 You must:

(a) not use the App in any unlawful manner, for any unlawful 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;

(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these terms);

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App; and

(d) not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

13. intellectual property rights

All intellectual property rights in the App and Documentation 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 or the Documentation other than the right to use them in accordance with these terms.

14. liability

14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are 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.

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

14.3 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.

14.4 The App is for domestic and private 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 business, business interruption, or loss of business opportunity.

14.5 The App is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. 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.

14.6 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.

14.7 The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on our website) meet your requirements.

14.8 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.

15. termination

15.1 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.

15.2 If we end your rights to use the App:

(a) You must stop all activities authorised by these terms, including your use of the App.

(b) 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.

(c) We may remotely access your devices and remove the App from them.

16. general

16.1 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.

16.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

16.3 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.

16.4 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.

16.5 Even if we delay in enforcing this agreement, 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 agreement, 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.

16.6 These terms are governed by English law and you can bring legal proceedings in respect of this agreement 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.