1. ABOUT THESE USER TERMS
Welcome to Tomo: an app based on psychological and behavioural research that helps you to manage the habits that keep you healthy. Our services are delivered to our members via a mobile application that allows you to monitor your mood and keep track of the activities that keep you positive and productive. For more information about how Tomo works, please see our website.
Tomo is brought to you by Hello Tomo Limited (referred to in these Terms as “we”, “us”, “our”, and "Hello Tomo"). We are a limited liability company incorporated in the United Kingdom with a registered office at Unit 4, Peacock Yard, Iliffe Street, London, SE17 3LH, UK. Our company number is 10313187. Our VAT number is 00378994268.
• the Tomo app;
• our website www.hellotomo.co.uk;
• the services that we offer (together with our app and our website, the “Services”); and
• any other linked pages or blogs, features, content (including any information, text, graphics, photos, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services) we offer from time to time in connection with the Services (collectively referred to as “Content”, which includes the "Member Content" uploaded by you, as defined in section 6 below).
Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. If you do not agree to these Terms, please refrain from using our Services.
2. ABOUT TOMO
Tomo offers accounts for three categories of end user: individual members ("Individuals"); clinicians who use the app in a professional capacity in the course of treating their patients ("Clinicians"); and administrators who manage the accounts of one or more clinicians ("Administrators"). These Terms apply equally to all users unless otherwise specified.
You are solely responsible for your use of the Services. You may use the Services only if you are at least 18 years of age. We do not knowingly market our services to children. You may only create a user account with Tomo if you are legally capable of forming a binding contract with Hello Tomo and are able to abide by and comply with these Terms. You may use the Services only in compliance with these Terms and all applicable local, national, and international laws, rules and regulations.
3. REGISTRATION AND CONFIDENTIALITY
a. How to register
In order to register, you are required to provide your email address and phone number, and you will need to choose a username and password. We also ask you to provide information about your physical ability (so we can recommend appropriate activities), and to complete a short psychological profile.
You warrant that all registration information and other personal details provided to us ("Your Information") is, and will be, true and accurate. If any of Your Information becomes out of date or inaccurate, you must update it through the app.
Please note that you will not be able to use the Services as a Clinician or Administrator unless a Clinician Agreement is in place with the company, organisation, practice or other entity (the "Clinic") on behalf of which you will be accessing and using the Services. If you would like to enquire about working with Tomo as a Clinician or Administrator, please email us at email@example.com.
b. Keeping your account information confidential
You are solely responsible for keeping your registration and other personal details (including your email and password) for your account confidential. You are responsible for maintaining the confidentiality of your password and agree to notify us immediately if you suspect that any third party has used your account or had access to your password. You are responsible for any and all use of your account. We strongly recommend that you use a secure password which contains a minimum of 8 characters, including upper- and lower-case letters, numbers and symbols.
You agree that you will not disclose your password to any other person or allow any other person to use your account, and you agree not to use the account, membership number, display name, email address or password of another member of the Services at any time.
4. MEMBERSHIP AND ACCESSING THE SERVICES
As participants in Tomo's trial programme, you are not required to pay any fees for your Tomo membership. Your trial membership is valid for 1 calendar month from the date when it is granted (“Trial Term”). After the Trial Term has come to an end, your membership will be automatically suspended, although you will have the option to upgrade to full membership once Tomo launches in full, which we expect to be later this year.
Full membership of Tomo will require you to pay membership fees - these will be explained to you in full when you are given the option to upgrade.
We may refuse your application or renewal for membership to the Services at our sole discretion and for any reason.
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Services at any time. You are responsible for making all arrangements necessary for you to have access to Services.
The Services that Tomo provides are always evolving and the form and nature of the Services that Tomo provides may change from time to time. From time to time, we may restrict access to some or all parts of our Services for any reason and without liability to you.
Hello Tomo retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you.
5. THIRD PARTY SITES
Our app may contain links to third party sites, some of which may be owned or operated by parties which are affiliated with Hello Tomo. These links are provided for your information and interest only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The links to third party websites and services which are operated and owned by third parties may charge a fee for use of certain content or services provided on their websites, for which Hello Tomo will have no liability. You should therefore check whether each of these websites will charge you a fee before pursuing a transaction with that third party or using their website.
You will also be bound by the terms and conditions imposed by third parties with or through whom you book events: please check these carefully, as we have no responsibility or liability for the terms and conditions of any third party.
Our Services must not be framed, “mirrored” or otherwise incorporated into on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice to you.
6. UPLOADING CONTENT
a. You are responsible for all Member Content that you post on the Services
You acknowledge and agree that, if you choose to submit, post or display certain types of Member Content on or through the Services, it may be visible to other members or to Clinicians (although we will never share your Member Content without your express consent). Although we do our best to prevent other members from redistributing your Member Content (for example, we have put measures in place to help prevent other members from taking screenshots), sometimes this is outside our control, any personal data or other Member Content that you voluntarily disclose online may be redistributed through the Internet and other media channels, and may be viewed by the general public. You also acknowledge and agree that whenever you voluntarily share Member Content on the Services, there is a risk that such information may be accessed by the public. You should only provide Member Content that you are comfortable sharing with others under these Terms.
You warrant, as a condition of using the Services that:
• all Member Content and other information supplied by you on the Services is true, accurate, current and complete; and
• you own or have the necessary rights to and in any Member Content you submit, including photographs or images you post onto the Services, and you have the necessary permission to upload photographs of individuals. You will not upload any photographs of persons under the age of 18 years.
b. Our right to remove Member Content on the Services
Hello Tomo does not edit or control the Member Content posted to or distributed on the Services, and will not be in any way responsible or liable for such Member Content. We nevertheless reserve the right, in our sole discretion, to remove Member Content without notice to you and for any reason, including removing Member Content which violates these Terms (or applicable law) of which we become aware.
If we are notified by a third party that the Member Content you submit or post is in violation of these Terms or any applicable law, either in letter or in spirit of these Terms, we reserve the right to remove such Member Content from the Services without notice to you.
We also reserve the right to access, read, preserve, and/or disclose any information as we reasonably believe is necessary to:
• satisfy any applicable law, regulation, legal process or governmental request;
• enforce these Terms, including investigation of potential violations hereof;
• detect, prevent, or otherwise address fraud, security or technical issues;
• respond to member support requests; or
• protect the rights, property or safety of Hello Tomo, its members and the public.
c. No reliance on Content
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
Hello Tomo does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed by members of the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
You acknowledge and agree that Hello Tomo will not under any circumstances be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Commentary and other materials posted on our Services are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
d. We may retain your Member Content
Following termination or deactivation of your account, or if you remove any Member Content from the Services, we may retain your Member Content for a commercially reasonable period of time for backup, archival, or audit purposes, or in order to extract or derive metadata or create derivative works from from it (although such metadata or derivative works will not be linked with you, or our account, in any way). We may retain and continue to use, store, display, reproduce, modify, perform, and distribute any of this metadata or these derivative works indefinitely.
7. YOUR RIGHTS
a. Rights to your Member Content
You retain your rights, including copyright and other intellectual property rights, in and to any Member Content you submit, post or display on or through the Services. By submitting, posting or displaying Member Content on or through the Services from time to time, you hereby grant Hello Tomo a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works from, and distribute such Member Content in any and all media or distribution methods (whether now known or later developed):
• in order to provide you and our other users with our Services; and
We will only use your Member Content for testimonial and/or promotional purposes either with your prior consent or if we have anonymised or pseudonymised the Member Content so that it is not identifiable as having originated from you.
You agree that this licence includes the right for Tomo to make such Member Content available to other companies, organisations, affiliates or individuals who partner with Tomo for the syndication, broadcast, distribution or publication of such Member Content on other media and services in accordance with the licence terms above.
If you choose to share your Member Content with a Clinician, you will also be granting your Clinician a licence to use your Member Content. We cannot and do not control how Clinicians use your Member Content so please speak to your Clinician to check that you are comfortable with how they will use your Member Content. You acknowledge and agree that Clinicians' use of your Member Content is beyond our control, and that Hello Tomo will not be liable in any way for the use of your Member Content with any Clinician(s) with which you choose to share it.
You acknowledge and agree that the Member Content you submit, post or display is non-confidential and non-proprietary.
You agree that no compensation will be payable to you in respect of any of the foregoing uses by Hello Tomo, or other companies, organisations, affiliates or individuals who partner with Hello Tomo with respect to the Member Content that you submit, post, transmit or otherwise make available through the Services.
You waive all moral rights (or similar or equivalent rights in other jurisdictions) you have in such Member Content to the fullest extent permitted by law.
Hello Tomo may modify or adapt your Member Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Member Content as are necessary to conform and adapt that Member Content to any requirements or limitations of any networks, devices, services or media.
b. Your rights to the Services
Hello Tomo hereby grants you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Hello Tomo, in the manner permitted by these Terms.
The rights in the Service are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the Services.
8. HELLO TOMO’S RIGHTS
a. Our rights in the Content and Services
All rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the Content (excluding Member Content provided by you or other members of the Services) including but not limited to all information, data, text, maps, graphics, the “look and feel”, logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Hello Tomo and its licensors. The Services are protected by copyright, trademark, and other laws and treaties around the world. All such rights in the Services, Content (excluding Member Content provided by you or other members of the Services) and related material are reserved.
Nothing in the Terms gives you a right to use commercially the 'Hello Tomo' or 'Tomo' names or any of the 'Hello Tomo' or 'Tomo' trade marks, logos, domain names, or other distinctive brand features. Other logos and product and company names mentioned in these Terms may be the trademarks of their respective owners.
b. Prohibition on copying
You must not copy any part of the Content, with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.
If you copy or download any part of the Services or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
c. Restrictions on Content and use of the services
You agree that you will not use the Services:
• in any way that violates any local, national or other laws or regulations (including applicable export and re-export control laws and regulations) or any order of a court in any relevant jurisdiction;
• to sell any of your business’ goods or services unless with our prior written consent;
• in any way that infringes the rights of any person or entity, including but not limited to their copyright, trademark or other intellectual property rights, or other privacy or contractual rights;
• to distribute advertisements of any kind (unless with our prior written consent) or post or otherwise communicate any false or misleading material or message of any kind;
• in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other member;
• in any way that promotes or incites, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind;
• in any way that is abusive, defamatory, inaccurate, obscene, offensive, fraudulent, objectionable or sexually explicit;
• to post photographs or images of another person without his/her permission (and if a minor, the permission of the minor’s legal guardian);
• to post reviews, comments or other Member Content regarding any business or individual that is fake or defamatory;
• to post private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• to promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;
• to access, tamper with, cause damage to, or use non-public areas of the Services, Hello Tomo’s computer systems, servers or equipment or the technical delivery systems of Hello Tomo’s providers;
• to access or attempt to access any data of other members of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
• in any way that intentionally or unintentionally deceives, defrauds or swindles any other member;
• to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancelbots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;
• interfere with, or disrupt, (or attempt to do so), the access of any member, host or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Member Content in such a manner as to interfere with or create an undue burden on the Services;
• to copy, modify, transmit, display, perform, create derivative works from, re-sell or distribute any Content, information, software, products or services obtained through the Services;
• for any commercial purposes, including but not limited to posting Member Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, and pyramid schemes;
• to bypass measures used to prevent or restrict access to the Services;
• to solicit or provide unlawful services;
• to harvest or otherwise collect information about others without their consent;
• to gain unauthorised access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services;
• to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• to scrape, deep-link, crawl or spider or otherwise use the Services or any Member Content for phishing, spamming, trolling or any unauthorised (commercial) purpose; or
• to promote or support or solicit involvement in any political platform or cause, religion (recognised as organised or unorganised), cult or sect of any kind; or
• for any other purpose that is not permitted by these Terms,
(each and separately “Unauthorised Purposes”).
While we will do what we can to protect the security of your Member Content and account, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. You shall promptly notify Hello Tomo of any actual or suspected unauthorised third party access to your account by emailing us at firstname.lastname@example.org. You shall co-operate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorised receipt, access or use of your account by any third party. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
9. THE SERVICES ARE AVAILABLE “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services and all products, software and information related to the Services is provided to you on an “as is” and “as available” basis.
Hello Tomo does not guarantee or warrant that the information on the Services is correct, accurate or up-to-date and is not responsible for content or services provided on such third party websites.
Without limiting the foregoing, Hello Tomo and its affiliates disclaim to the maximum extent permitted by law any warranties, representations (other than fraudulent misrepresentation), guarantees or conditions, whether express or implied.
Hello Tomo makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content thereon. Hello Tomo will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content.
You also agree that Hello Tomo has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Hello Tomo makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Hello Tomo or through the Services, will create any warranty not expressly made herein.
We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that result from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Content posted on them, or on any website or application linked to or from the Services.
We are not liable to you for any inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
10. DATA PRIVACY
11. LIMITATION OF LIABILITY
This section of the Terms is important and you should read it carefully.
You acknowledge and agree that the services may contain inaccuracies, omissions or errors. Hello Tomo does not guarantee the accuracy of, and disclaims all liability arising out of such inaccuracies, omissions or errors.
To the maximum extent permitted by applicable law, Hello Tomo and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any:
• loss of profits, sales or contracts;
• loss of income or revenue,
• loss of business opportunity or goodwill or reputation;
• loss or corruption of data or information;
• loss of anticipated savings;
• wasted management or office time; or
• any indirect, incidental, special, consequential or punitive damages,
arising from or in any way connected to:
• your access to or use of the Services;
• your delay in using, or inability to access or use the Services;
• goods or services purchased from third parties who advertise through, or are otherwise featured on, the Services;
• any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other members or third parties;
• use of any content, information, products or services obtained through the Services; or
• unauthorised access, use or alteration of your transmissions or content,
whether based on warranty, contract or tort (including negligence) or otherwise, even if we have been advised of the possibility of loss or damages.
Please note that Hello Tomo does not offer any medical services and Tomo should not be used for any medical purpose. Although you may choose to share some of your Member Content with a Clinician, Tomo does not, and cannot, monitor Member Content on an individual level. We hope that you find Tomo useful as an activity log and wellness monitor, but we are not responsible for your health or wellbeing in any way whilst using our Services.
If you are using Tomo as an Individual, Tomo may suggest that you undertake certain activities. You do so entirely at your own risk, so please use your common sense (and consult a doctor if necessary) when deciding if any suggested activity is appropriate for you. If you have any doubt as to whether a suggested activity is appropriate, we suggest that you do not undertake it without medical approval.
Notwithstanding the exclusions set out in these Terms, if we are found to be liable to you, our total aggregate liability to you (whether in contract, tort, negligence, strict liability in statue or otherwise) for all and any damages, losses or causes of action arising, by reason or in connection with your use of the Services, shall be limited to £100.
Nothing in these terms shall affect your statutory rights as a consumer or limit or exclude our liability for personal injury or death caused by our negligence or fraudulent misrepresentation or any other liability which cannot be excluded or limited under law.
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
12. YOUR LIABILITY
This section of the Terms is important and you should read it carefully.
You are responsible, and assume liability, for all Member Content that you add to the Services. You agree not to hold us responsible for things other members say or do through the Services. If you have a dispute with another member, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
You shall indemnify us and keep us fully indemnified on demand from and against all liabilities, costs, expenses, damages and losses, legal costs (calculated on a full indemnity basis) and all other reasonable professional costs (including costs of defence of claims, suits or proceedings brought by third parties)) and expenses suffered or incurred by us arising out of or in connection with your unauthorised use of the Services, the Content, your breach of these Terms and/or as a result of your violation of these Terms and/or as a result of your violation of any applicable laws or regulations.
We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, and without liability to you, including (without limitation) in circumstances where:
• we have reasonable grounds to suspect you of unauthorised or fraudulent use of the Services;
• we reasonably suspect that you have not complied with these Terms; or
• we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party,
and to the maximum extent permitted by the law, we expressly exclude all relevant conditions, warranties of any kind (either express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity in relation to any liability that you may claim we owe to you in respect of such suspension, withdrawal or amendment.
On termination of these Terms (for whatever reason) all licenses and rights granted to you in relation to the Services shall immediately come to an end.
If we terminate these Terms on any of the grounds listed above you will not be entitled use the Services at any time in the future (whether as a member, Clinician or Administrator).
14. GOVERNING LAW, JURISDICTION AND DISPUTES
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution via e-mail at email@example.com.
15. MISCELLANEOUS TERMS
These Terms are the entire and exclusive agreement between Hello Tomo and you regarding the Services, and these Terms supersede and replace any prior agreements between Hello Tomo and you regarding the Services.
You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty or undertaking not expressly incorporated in them.
If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The Services licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party.
We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
The failure of, or delay by, Hello Tomo to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.
Hello Tomo may revise these Terms from time to time; the most current version will always be available at www.hellotomo.co.uk/terms. If the revision, in our sole discretion, is material, we will notify you via an e-mail to the email associated with your account. By continuing to access the Services after those revisions become effective, you agree to be bound by the revised Terms.
Effective Date: 06/06/17