- Who are we?
We are Vorsdatter Limited (company registration number 10675214, registered office Time Central, 32 Gallowgate, Newcastle upon Tyne, NE1 4BF, however you know us better as mySysters.
mySysters is a health and social app for women experiencing perimenopause and menopause symptoms and want to learn how to better manage those symptoms (App).
- Medical Advice – please read
This App is not a replacement for medical advice. You should seek appropriate advice by a suitably qualified medical professional. mySysters will not be liable for your reliance on any medical information in this App. Please see clause 19 (Limitations to the App) for more information.
- Using the App
- Apple and Google Play
If you download or purchase the App on the App Store, the ways in which you use the App may also be controlled by Apple Inc’s rules and policies. If there are differences between the two, Apple’s terms will apply. If you download or purchase the App on Google Play, the ways in which you use the App may also be controlled by Google’s rules and policies. If there are differences between the two, Google’s terms will apply.
- Age Restriction
You must be 18 or over to accept these terms and download or purchase the App.
- How to contact us
- If you want to learn more about mySysters, the App or have any problems or questions using the App, please contact us at [email protected].
- If we have to contact you, we will do so by email, in-app notification, or by using the contact details you provide when you sign up to use the App.
- How you may use the App
- In return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto your handheld device(s) 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.
- We are giving you personally the right to use the App. You may not 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.
- If someone else owns the phone or device you are using
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.
- Other websites
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). 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.
- License to use the App
mySysters grants you a non-exclusive, non-transferable, revocable right to use the App subject to these terms.
- You agree that you will:
- 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:
- 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.
- mySysters Obligations
- mySysters shall use commercially reasonable endeavours to make the App available 24 hours a day, seven days a week, provided that you acknowledge that (as for every live service) emergency, planned and unscheduled maintenance will be required from time to time. mySysters will use reasonable endeavours to notify you in advance of maintenance and may publicise from time to time a fixed planned maintenance window.
- You acknowledge that use of the App may create interruptions and detrimental performance on your device(s) and internet connections due to the nature of the App. You should make full back-up copies of all data in advance of use of the App in case of the unlikely event occurring in which the App may cause damage and/or corruption.
- undertakes that the App will be provided with reasonable skill and care;
- does not warrant that the your use of the App will be uninterrupted or error-free or that the App, and/or the information obtained by the you through the App will meet the your requirements; and
- is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the App may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- These terms shall not prevent mySysters from entering into similar agreements with third parties, or from independently developing, using, selling or licensing products and/or services which are similar to those provided under these terms.
- mySysters warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under these terms.
- Your Data
- You own all right, title and interest in and to all of your data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of that data.
- If mySysters processes any personal data on your behalf when performing its obligations under these terms, the parties record their intention that you shall be the data controller and mySysters shall be a data processor and in any such case:
- you acknowledge and agree that the personal data may be transferred or stored outside the EEA or the country where you are located in order to carry out the App and mySysters's other obligations under these terms;
- you shall ensure that you are entitled to transfer the relevant personal data to mySysters so that mySysters may lawfully use, process and transfer the personal data in accordance with these terms on your behalf;
- you shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
- mySysters shall process the personal data only in accordance with these terms and any lawful instructions reasonably given by you from time to time; and
- each party shall take appropriate technical and organisational measures against Unauthorized or unlawful processing of the personal data or its accidental loss, destruction or damage.
- If you are based outside of the European Economic Area, you shall be solely responsible for ensuring that your use of the App is in accordance with all local legislation, including local data privacy requirements. To the extent permitted by law, mySysters does not warrant that the App does or will be able to comply with your local requirements.
- Payment Terms
The Symptom Tracker will be free. Additional features will be available at a monthly subscription rate.
- Proprietary rights
- mySysters and/or its licensors own all intellectual property rights in the App. These terms do not grant you any intellectual property rights in or to the App other than the right to use the App in accordance with these terms.
- mySysters confirms that it has all the rights in relation to the App that are necessary to grant all the rights it purports to grant under, and in accordance with these terms.
- Acceptable Use Restrictions
- 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;
- 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);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- 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 any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
- Loss and Damages
- 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.
- Limitations to the App
- The App is provided for general information and entertainment purposes only. It does 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. 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 app store site) meets your requirements.
- We are not responsible for events outside our control. If our provision of the App 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 and receive a refund for anything you have paid for but not received.
- Breaking 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 :
- 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 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.
- No Rights for Third Parties
These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.
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. 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.
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.