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End User Agreement & Terms of Use

PLEASE READ CAREFULLY BEFORE ACCESSING THE DISCOVA SOFTWARE

This agreement (Agreement) is a legal agreement between you (Licensee or you) and DISCOVA HEALTH LTD of 49 Sanderson Road, Newcastle upon Tyne, United Kingdom, NE2 2DR (Licensor, us or we) for the Discova software, content and data and any updates to the same applied by us at anytime (Software); and

We allow you to use the Software on the basis of this Agreement. We do not sell the Software to you. We remain the owners of the Software at all times.

IMPORTANT NOTICE TO ALL USERS:

  • BY ACCESSING DISCOVA YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU. THE TERMS OF THIS AGREEMENT INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CLAUSE 4.1.
  • IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS THE SOFTWARE.

 

You should print a copy of this Agreement for future reference.

  1. SCOPE OF YOUR RIGHTS
    • In consideration of payment by your employer (or the organisation that has procured access to the Software for you) of the agreed fees and you agreeing to abide by the terms of this Agreement, we grant to you a non-exclusive, non-transferable licence to access and use the Software in the UK on the terms of this Agreement.
    • You may access and use the Software for your personal purposes only on any of your devices;
  2. Restrictions
    • Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
      • not to copy or attempt to copy the Software except where such copying is incidental to normal use of the Software;
      • not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or attempt to do any of those things;
      • not to provide access to, or otherwise make available, the Software in whole or in part in any form to any person without prior written consent from us including, but not limited to, by sharing with any third party, the access code provided to you by the organisation that has procured access to the Software for you; and
      • not to store, distribute, introduce or transmit through your access to and/or use of the Software:
        • any thing or device which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices; or
        • any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; encourages or promotes self harm or suicide; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities.
  1. Intellectual Property Rights
    • You acknowledge that all intellectual property rights in the Software anywhere in the world belong to us, that you are granted rights to access the Software in accordance with the terms of this Agreement only and the Software is not sold to you.
    • You acknowledge that you have no right to have access to the Software in source code form.
  2. Limitation of Liability
    • You acknowledge that the Software has not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the user guide and on our website meet your requirements.
    • Nothing in this Agreement shall limit or exclude our liability for:
      • death or personal injury resulting from our negligence;
      • fraud or fraudulent misrepresentation;
      • any other liability that cannot be excluded or limited by English law.
    • You assume sole responsibility for ensuring that any data inputted by you into the Software is accurate and up to date and we shall have no liability for any damage or loss caused by errors or omissions in any data provided by you in the course of your registration for and access to and use of the Software.
    • You acknowledge and agree that use of the Software is not intended to be a substitute for professional mental health or medical advice, treatment or support and, subject to clause 4.2 above and our obligations under applicable data protection legislation, we shall have no liability to you where the data and content of the Software is not used in conjunction with appropriate support and/or treatment from appropriately qualified medical and/or mental health professionals.

 

  • This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Software. Except as expressly stated in this Agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, this Agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
  1. Termination
    • We may terminate this Agreement immediately by written notice to you if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
    • On termination for any reason:
      • all rights granted to you under this Agreement shall cease; and
      • you must immediately cease all activities authorised by this Agreement and must not continue to access or use the Software.
  1. Communications Between Us
    • We may update the terms of this Agreement at any time on notice to you in accordance with this clause 6 by notifying you of the update by posting the update on our website or emailing you. Your continued use of the Software following the deemed receipt and service of the notice under clause 6.3 shall constitute your acceptance to the terms of this Agreement, as varied. If you do not wish to accept the terms of the Agreement (as varied) you must immediately stop using and accessing the Software on the deemed receipt and service of the notice.
    • If we have to contact you, we will do so by email to the address you provide when you register a user account with us. If you have to contact us you must use the following email address : hello@discovahealth.com or by post: Unit 15, Bankside, The Watermark, Gateshead, NE11 9SY
    • Note that any notice:
      • given by us to you will be deemed received and properly served 24 hours after it is first posted on our website or 24 hours after an email is sent; and
      • given by you to us will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter.
    • In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of 24 hours after the first posting of the notice; in the case of a letter, that such letter was properly addressed, stamped and placed in the post to the address of the recipient given for these purposes; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.
  2. 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 Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 8.2.
    • An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
    • If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
      • our obligations under this Agreement 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 Agreement may be performed despite the Event Outside Our Control.
  1. How We May Use Your Personal Information
    • Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use the Software and for what purposes and those individuals’ rights in relation to their personal data and how to exercise them. This information is provided in https://discovahealth.com/privacypolicy and it is important that you read that information.
    • We will not share the personal information you enter on, or which is created by your use of, the Software with the organisation through which you gained access to the Software. We will provide that organisation with anonymised, aggregated data reports on how the Software is being used by its user group but none of those reports will contain any personal data nor will they identify any individual as a user of the Software or provide any information about you to any third party.
  2. Other Important Terms
    • We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement.
    • You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
    • This Agreement and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement or any document expressly referred to in it.
    • If we fail to insist that you perform any of your obligations under this Agreement, 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 signed by us, and that will not mean that we will automatically waive any later default by you.
    • Each of the terms and conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
    • This Agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.
Introducing Discova (formerly Myndr)

Hi there! We know you came here looking for Myndr. We recently changed our name to Discova but everything else remains the same. Take a look around our new website or reach out and say hello to Emma & Lizzy at hello@discovahealth.com