The terms on which you (the user) may download, install, and use the Neumind mobile application.
Please read these licence terms carefully.
By downloading the App you agree to these terms. If you do not agree to these terms, do not download the App.
Neumind license you to use:
as permitted in these terms.
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 our Privacy Policy and it is important that you read that information. If you are using the App in relation to receiving medical or therapeutic services from a third party, that third party’s privacy policy might also apply to you (please contact them to confirm this).
Our Cookies Notice sets out information about the cookies and similar technologies used by the App.
If you are using the App in conjunction with receiving or providing Third Party Services, any terms and conditions or contract between you and them (“Third Party Terms”) will also apply between you and them. We are not a party to any such Third Party Terms and so please contact the relevant third party if you have questions or concerns about the Third Party Services.
If you download our App from the App Store then the ways in which you can use the App and Documentation may also be controlled by their rules and policies. If you download our App from Google Play then the ways in which you can use the App and Documentation may also be controlled by their rules and policies. If there are differences between our rules and policies and the relevant app store’s rules and policies, the app store’s rules and policies will apply.
The App requires compatible devices and operating systems as indicated on the App Store or Google Play Store pages. Please check these regularly as requirements may change.
Support. If you want to learn more about the App or the Service or have any problems using them, please look at our support resources at https://support.neumind.co.uk/.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please contact us using our form at neumind.co.uk/contact or email our customer service team at team@neumind.co.uk.
How we will communicate with you. If we have to contact you, we will do so by email, using the contact details you have provided to us.
In return for your agreeing to comply with these terms you may:
You must be 16 or over to accept these terms and buy the App.
We are giving you personally the right to use the App and the Service as set out above in the section called “How you may use the App”. 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.
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 try to 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.
If you do not accept the notified changes, you will not be permitted to continue to use the App and the Service, and your access may be terminated. If applicable, you can apply to the Appstore for a refund, reflecting your remaining subscription period.
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 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 and the Services.
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 bought it.
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.
If you purchase a recurring subscription to use any of our subscription-only Services, the subscription will continue for the subscription period you select and will automatically renew for another subscription period until cancelled. Where you purchase a subscription from us, you authorise us to automatically charge your designated payment method at the beginning of each subscription period for the price of your subscription, along with any applicable taxes and fees specified, unless you cancel the subscription. If we are not able to charge your payment method for your subscription, you remain responsible for any uncollected amounts.
You must cancel your subscription at least 24 hours before the end of your current subscription period to avoid being charged for the next subscription period. You can cancel through the app store through which you made the purchase. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to any subscription until the end of your current subscription period.
If you are an individual consumer (e.g. a Patient User (as defined in our privacy policy) or a friend or family member of the Patient User who is not using the App as a medical or therapeutic professional), you have a legal right to cancel your purchase of a subscription and receive a full refund at any time within 14 days from the date of purchase of your subscription. Please contact us using the contact details noted above in the section called “Support for the App and how to tell us about problems”.
Your right to cancel will be lost if you use the subscription Services during the 14-day cancellation period. We will provide the refund to the payment method originally charged for your subscription unless you agree otherwise.
The App or any Service 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).
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.
The App is intended as a supportive tool only. It does not provide medical advice, diagnosis, or treatment, nor is it a medical device. Always seek professional healthcare advice for medical concerns. If you have a medical emergency, please contact the emergency services.
You must not use the App in ways that are harmful, illegal, offensive, or otherwise inappropriate, as detailed in the section below called “Acceptable Use Restrictions”.
You agree that you will:
You must:
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
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.
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.
When we are liable for damage to your property. 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 are not liable for business losses. 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. If you are providing a Third Party Service through the App, our liability to you is strictly limited under the contract or terms between us and your employer/the company or organisation which you represent.
Limitations to the App and the Services. The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, 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 or the Service.
Check that the App and the Services are suitable for you. 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 app store site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services 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 and receive a refund for any Services you have paid for but not received.
We may end your rights to use the App and Services 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 and Services:
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 may only transfer your rights or your obligations under these terms to another person if we agree in writing.
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.
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 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.
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.