CUE APP END USER LICENSE AGREEMENT V1.0
Last updated December 22, 2021
CUE App is licensed to You (End-User) by Charco Neurotech Ltd, located and registered at Suite 312 Mantle Business Centre, Nine Hills Road, Cambridge,CB2 1GE, United Kingdom (hereinafter: the Licensor), for use only under the terms of this License Agreement. Our VAT number is 331143450.
By downloading the Application from the Apple AppStore or the Google Play Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that neither Apple or Android are a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Charco Neurotech Ltd, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service or the latest Google Play Terms of Service . Charco Neurotech Ltd acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
- THE APPLICATION
The CUE App (hereinafter: Application) is a piece of software created to accompany the CUE1 device, for people with Parkinson’s. The app’s main purpose is to allow the user to personalise their CUE1 settings as well as track their day-to-day Parkinson’s-related symptoms independently of the CUE1 device. The application is used to personalise the CUE1 device’s settings, including its stimulation settings as well as its medication alert schedule. It includes fun games and questionnaires that help the user track their daily Parkinson’s symptoms, for the purpose of self management and as a record to share with others such as clinicians or health partners.
- SCOPE OF LICENSE
2.1 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions and Android Terms and Conditions, and with Charco Neurotech Ltd‘s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.2 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Charco Neurotech Ltd‘s prior written consent).
2.3 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, the Google Play Terms of Service and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.4 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.5 The Licensor reserves the right to modify the terms and conditions of licensing.
2.6 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
- TECHNICAL REQUIREMENTS
3.1 The Application requires a firmware version of iOS 11 or higher for Apple devices and API 23 for Android devices. The Licensor recommends using the latest version of the firmware.
3.2 The Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 The Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
- MAINTENANCE AND SUPPORT
4.1 The Licensor is responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at [email protected].
4.2 Charco Neurotech Ltd and the End-User acknowledge that neither Apple or Android have any obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
- USE OF DATA
You acknowledge that the Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that the Licensor’s use of such material and information is subject to Your legal agreements with the Licensor and the Licensor’s privacy policy: https://charconeurotech.com/cue-app-privacy-policy.
- USER GENERATED CONTENT FOR SOCIAL MEDIA AND PUBLICALLY DISPLAYABLE PURPOSES
The Application does not allow users to submit or post user-generated content for social media or publicly displayable purposes.
- CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We are not liable for any statements or representations in your content provided by you in any area in the Application. You are solely responsible for the user-generated content you submit to the Application for social media and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your user-generated content for social media.
- LIABILITY
8.1 The Licensor’s responsibility shall be limited to foreseeable, contractually typical damages. This limitation applies to the full extent permissible by law.
8.2 The Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
8.3 The Licensor takes no accountability and responsibility in the event of misuse of the Application. The Application is intended to be used as an accessory to a CUE device. The Company is not responsible for any use of the Application outside of its intended use.
- WARRANTY
9.1 The Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. The Licensor warrants that the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Charco Neurotech Ltd‘s sphere of influence that affect the executability of the Application.
9.3 Please inspect the Application immediately after installing it and notify Charco Neurotech Ltd about issues discovered without delay by e-mail at [email protected]. The defect report will be taken into consideration and further investigated.
9.4 If we confirm that the Application is defective, Charco Neurotech Ltd reserves a choice to remedy the situation by means of solving the defect.
9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
- PRODUCT CLAIMS
Charco Neurotech Ltd and the End-User acknowledge that Charco Neurotech Ltd is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
- CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
Charco Neurotech Ltd
Suite 312 Mantle Business Centre
Nine Hills Road
Cambridge, CB2 1GE
United Kingdom
[email protected]
- TERMINATION
The license is valid until terminated by Charco Neurotech Ltd or by You. Your rights under this license will terminate automatically and without notice from Charco Neurotech Ltd if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
- THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Charco Neurotech Ltd represents and warrants that Charco Neurotech Ltd will comply with applicable third-party terms of agreement when using licensed Application.
- INTELLECTUAL PROPERTY RIGHTS
Charco Neurotech Ltd and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, Charco Neurotech Ltd will be responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
- APPLICABLE LAW
This license agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.
- MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.