Highapp Limited
End User License Agreement (EULA)
Last Updated: June 2024
1. Interpretation and Definitions
1.1. Interpretation: The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1.2. Definitions: For the purposes of this End-User License Agreement:
· "Agreement" means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application. This EULA was produced with the help of TermsFeed EULA Generator.
· "Application" or “App” means the software program provided by the Company downloaded by You through an Application Store's account to a Device.
· "Application Store" means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) or any other available platform by which the Application has been downloaded to your Device.
· "Company" (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to Highapp Limited, a registered company in England and Wales with Company number: 13652126.
· "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
· "Country" refers to: England.
· "Device" means any device that can access the Application, such as a computer, a mobile phone, or a digital tablet.
· "Family Sharing / Family Group" permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each other's eligible Applications to their associated Devices.
· "Third-Party Services" means any services or content (including data, information, applications, and other products/services) provided by a third-party that may be displayed, included, or made available by the Application.
· "You" means the individual accessing or using the Application or the company or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
2. Acknowledgment
2.1. By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.
2.2. This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
2.3. This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third-party beneficiary relating to your use of the Application.
2.4. Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
2.5. The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
3. License
3.1. Scope of License: The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application strictly in accordance with the terms of this Agreement.
3.2. License Restrictions: You agree not to, and You will not permit others to:
· License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application or make the Application available to any third party.
· Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or the licensors of the Application.
4. Intellectual Property
4.1. The Company has necessary intellectual property rights and licenses to use, modify, develop or publish over the App to make it available to you.
4.2. The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.
5. No Intention to provide medical advice whatsoever
5.1. WE EMPHASIZE THAT THE APP, ITS FEATURES, AND CONTENT ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
5.2. We clarify that the Company is not a licensed medical care provider, and the App does not replace professional medical advice or serve as a tool for diagnosing, treating, or managing any illness, medical condition, or contraception. Users are strongly advised to consult with a licensed physician or qualified healthcare provider before making any decisions or taking actions that may affect their health, safety, or that of their family or fetus. Ignoring professional medical advice or delaying seeking it based on information obtained from the App is strongly discouraged. Users are urged to consult their healthcare professional for any questions, concerns, or changes in their health status. In case of a medical emergency, users are advised to contact emergency services or visit the nearest open emergency room immediately.
5.3. The Company absolves itself of liability for any errors, omissions, unintended technical inaccuracies, or typographical errors present in the provided materials. Additionally, the Company disclaim responsibility for any violation of ethical or moral standards applicable to sexual education and related materials in the user's community.
5.4. The Company disclose that some translations on our app or website are powered by machine learning and artificial intelligence. The Company disclaims all warranties related to these translations, including accuracy, reliability, and fitness for a particular purpose, whether expressed or implied.
5.5. While the Company’s goal is to enhance accessibility to health-related information for your benefit, it's important to understand that the App does not guarantee improvements or outcomes related to health.
5.6. Your use of the App and any information, forecasts, or recommendations provided are solely at your own risk. We do not provide any guarantee or warranty regarding the accuracy of the data, information, estimates, and predictions presented through the App. It is important to recognize that the App is not designed to replicate or fulfill the same role as a medical or scientific device, or a healthcare provider.
6. Modifications to the Application
6.1. The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
6.2. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at the Company’s website even if these updated terms appear online at the Company’s website before being posted on the Application. Your continued use of the Application after Company publishes notice of changes to this EULA indicates Your consent to the updated terms.
7. Updates to the Application
7.1. The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades, and other modifications.
7.2. Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
7.3. You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application and (ii) subject to the terms and conditions of this Agreement.
8. Maintenance and Support
8.1. The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
9. Third-Party Services
9.1. The Application may display, include, or make available third-party content (including data, information, applications, and other products/services) or provide links to third-party websites or services.
9.2. You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
9.3. You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You, and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
10. Subscription and Application Store Terms
10.1. Subscription Services: We may provide you with the option to purchase subscriptions granting access to specific content, products, or services for a defined duration.
10.2. Certain content, products, or services included in subscriptions may undergo changes over time. This could involve the introduction of new features, the enhancement of existing offerings, or the retirement of features that prove ineffective. The availability of features and content within the App may vary based on factors such as country, language, app store, version, or device.
10.3. By utilizing the App, you acknowledge that your purchases are not contingent upon the provision of future functionality or features, nor are they dependent on any oral or written public statements or comments made by the App regarding such functionality or features.
10.4. The App is accessible via third-party platform operators such as the Apple App Store and Google Play Store. Consequently, when making a purchase, you may enter into a separate agreement with the respective third-party service provider operating your app store, subject to their terms and conditions. Depending on the terms and conditions of the respective third-party service provider, you may need to pursue cancellation or revocation rights with these service providers.
11. Privacy
11.1. Under data protection legislation, we are required to provide You with certain information about 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.
11.2. Please take care when disclosing any information about yourself on or through the Application. A known risk of the public internet is people not necessarily being who they say they are, or behaving in an unreliable, misleading or illegal way. We cannot control information You choose to provide to other users, where the Application include facilities for You to interact with others. We strongly recommend that You exercise caution, act sensibly and not disclose any information which You do not wish to have disseminated into the wider public internet. Any disclosures of your information by You to other users are made by You at your own risk. Once information is disclosed by You in this way, it may not be possible for us to prevent its dissemination over the public internet.
12. Term and Termination
12.1. Term: This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
12.2. Termination: This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
12.3. Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
12.4. Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
13. Indemnification
13.1. You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your:
· Use of the Application;
· Violation of this Agreement or any law or regulation; or
· Violation of any right of a third party.
14. No Warranties
14.1. The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Application. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.
15. Limitation of Liability
15.1. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven't purchased anything through the Application.
16. Severability and Waiver
16.1. Severability: If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
16.2. Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
17. Product Claims
17.1. The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to:
· Any product liability claims;
· Any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
· Any claim arising under consumer protection, or similar legislation.
18. United States Legal Compliance
18.1. You represent and warrant that:
· You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country; and
· You are not listed on any United States government list of prohibited or restricted parties.
19. Changes to this Agreement
19.1. The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
19.2. By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
20. Governing Law
20.1. The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
21. Entire Agreement
21.1. The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
21.2. You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
22. Contact Us
If you have any questions about this Agreement,
You can contact Us:
· By visiting this page on our website: https://www.highapplimited.co.uk/
· By sending us an email: