Who we are, and what these terms cover
Before you use our Services, we ask you to read these terms carefully. They apply to your use of our Services (whether as a guest or registered user) and by using the Service you confirm that you accept and agree to comply with them. If you do not agree to these terms, then you must not use the Service.
These are the terms of supply for Services provided through our website (Site) and through any mobile application we provide (App). The Site and App are operated by or on behalf of Agile Kinetic Limited (we, us and our). We are a limited company, registered in Wales. Our registered company number is 10024755, and our registered office is Agile Kinetic Limited, Spingboard Innovation Centre, Llantarnam, Cwmbran, NP44 3AW. United Kingdom. Our VAT registration number is 3494356 71.
We may change these terms from time to time so check the legal information section on our website regularly. We will use reasonable endeavours to give you notice of such change, and we may require you to read and accept any changes before continuing to use the Service. Your continued use of the Service after such changes have come into force will constitute your acceptance of the amended terms.
A separate and different set of terms of service applies where you are a business user, healthcare professional or partner.
Your right to use our Service
In accepting these terms we grant you a non-transferable, non-exclusive licence to use our Services on your devices. This means:
I. you have the right to use the Services for your own personal purposes. You don't own them or any of the content created in them, and you can't use the Services for commercial purposes;
II. you can't share or transfer the Services to another person (e.g. by selling or giving your account to them, or allowing them to use your account); and
III. we may give the same or other permissions to other users.
We reserve all other rights.
By using our Services or accepting these terms, you are telling us that:
I. you're 18 years old or over; and
II. you have the device owner's permission to install and use our app on their device.
Using our Services
You should only access our Services if you are one of the following categories of user:
I. a healthcare professional such as a surgeon, physiotherapist, or a member of the wider clinical team, jointly referred to as ‘clinicians’ or members of a ‘clinical team’. Or,
II. a patient who has been referred to our Service by their clinician or clinical team.
Our Services are designed only for use in the UK. They must not be used in other jurisdictions or where the laws of any jurisdiction other than the UK would apply to their use. If you choose to do so then you are solely responsible for compliance with local laws. We make no promise or representation that our Services are appropriate to, or lawful in, any other jurisdiction.
Our services are not a substitute for professional medical advice or a medical exam. YOU MUST NOT USE THEM TO SELF-DIAGNOSE ANY EXISTING OR NEW INJURY. Prior to participating in any exercise program or activity, you should seek the advice of your clinician, clinical team or other qualified health professional.
Any symptoms, information or other content communicated or reported through our Service should be considered only as supplementary information for discussion during a future consultation with your clinician or clinical team. Our Service is not to be used as a means of reporting urgent or emergency issues.
Don't use any of these digital healthcare services in an emergency. Instead, call 999 or the emergency services immediately.
You agree that no health information provided by our Service will be used to diagnose, treat, cure or prevent any medical condition without consulting a licensed healthcare professional. Application of, or reliance upon the techniques, ideas, and suggestions accessed through the Service is at your sole discretion and risk.
The Service is only for informational purposes, and all output through the Service is automated according to algorithms and program code. Your clinician(s) may have customised the information for you at his/her own sole discretion and we make no representations or warranties regarding the suitability or accuracy of such customisation. You understand and agree that we make no representations or warranties with regards to any desired or undesired health effect or other outcome or information through usage of and reliance on our Service.
Your information and security
You must ensure that your contact details and account information, including any registration details you provide, are accurate, current and complete information about yourself. Where your circumstances change, you must promptly update your information to keep it accurate, current and complete. You must not provide any information that attempts to impersonate another individual, or that is untrue, inaccurate or incomplete.
Remember, where your log in details are used we'll assume that we're dealing with you so you must:
I. protect your account from unauthorised access(e.g. don't choose an obvious password); and,
II. not write down your log-in details in a way that is recognisable, or let anyone else know them or use them.
You must tell us if you notice any errors in your account, or change your log-in details if you think they've been lost, stolen or damaged(or you think someone has discovered them and may be misusing them).
We license, but do not sell, to you the Services. You acknowledge that we remain the owner of the Services at all times.
The Services, including any and all Websites and Apps, and all features, functionality, tools and content thereof (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), is protected by copyright, trademark, patent and other laws of the United Kingdom and foreign countries. You acknowledge and agree that the Services, and all intellectual property rights therein are the exclusive property of Agile Kinetic Limited and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Services.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Agile Kinetic, including but not limited to MobilityHub©, are the property of Agile Kinetic Limited, and that you are not permitted to use the them without our prior written consent.
Our Service allows you to submit user-generated content and information (User Content). You agree that you are solely responsible for all User Content including all information, data or other materials that you upload or submit to the Apps or Website.
If you choose to upload User Content, you must not submit to the Service any Content that does not comply with these Terms or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyse your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
You must not:
use our Services in an unlawful manner, or for unlawful or fraudulent purposes;
hack, insert or introduce malicious code, viruses, Trojans, worms, logic bombs, data or other harmful material into the Services;
infringe our or our licensors' intellectual property rights; transmit defamatory, obscene, fraudulent, offensive, deceptive, offensive, libellous, invasive, harmful, threatening, inflammatory or objectionable content through the Services;
harvest data or information from the Services, or attempt to gain access to, or decipher transmission to or from, any equipment or database running the Services;
copy the Service (except where it's incidental to the normal use of them or for back-up);
rent, lease, sub-license, loan, provide, or otherwise make available our Services or any content made available through our Services, in whole or in part, to any person without prior written consent from us;
make alterations or modifications to the Services (or any part of them), or allow any part of the Service to become combined with or incorporated into any other program, app or website;
republish, redistribute, disassemble, de-compile, reverse-engineer, re-transmit or create derivative works based on the whole or any part of the Services, nor attempt to do such things; or
You agree not to use our Services in a way that:
could damage, disable, impair or compromise our or a third party's systems or security, or interfere with other users, or waste time;
is likely to upset, harass, embarrass, alarm or annoy anyone; promotes discrimination; discloses personal data of anyone; infringes intellectual property rights; breaches any legal or contractual duty; or
is in contempt of court; or, advocates, promotes, incites any third party to commit, or assist, any unlawful or criminal act.
Account Suspension and Cancellation
We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at anytime, decide to limit, suspend, deactivate or cancel your account in response to a suspected breach of these terms, and take technical and legal steps to prevent you from using our Services. If we have suspended your account due to your actual or suspected breach of these terms, such suspension will continue until the suspected breach is cured or otherwise resolved to our reasonable satisfaction.
Once your account is terminated, we will have the right, but not the obligation to delete any or all of the information and content submitted, uploaded or otherwise provided by you.
Our liability to you
Our Services are provided "as is". We don't guarantee that our Services will always be available or uninterrupted. Access to the Services is permitted on a temporary basis and we can suspend, withdraw, discontinue or change all or any part of them without notice (including, without limitation, where we need to deal with technical issues or make improvements to them). We won't be liable if the Services are not available. If you become aware of an issue with accessing or using our Services, we always appreciate feedback so please do contact us and let us know.
We will have no liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: your use of or inability to use the service; any act or event beyond our control; use of or reliance on any content displayed in the service; your failure to follow medical instruction or advice you receive from your practitioner; or any virus, distributed denial-of-service attack, or other technologically harmful material that infects your equipment, programme or data you receive as a result of your use of the service.
Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, fraud (or fraudulent misrepresentation) or any other liability that cannot be excluded or limited by English Law, or affects any rights you may have as a consumer.
Exclusion of damages, etc.
To the maximum extent permitted by applicable law, in no event shall we, or our Suppliers be liable for any special, incidental, punitive, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty, including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of, or in any way related to, the use of or inability to use our Services, the provision of or failure to provide support or other services, information, software and related content through our Services, or otherwise under or in connection with any provision of these terms, even in the event of the fault, tort (including negligence) misrepresentation, strict liability, breach of contract or breach of warranty of ours, or any supplier, and even if we or any supplier has been advised of the possibility of such damages. Furthermore, we will have no liability for any claim of breach or infringement based on any modification or unauthorised use of our Services by other parties than Agile Kinetic Limited, including our Partners and Suppliers.
These terms, their subject matter and 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're resident in Northern Ireland you can bring proceedings in Northern Ireland. Equally if you're resident in Scotland, you can bring proceedings in Scotland.