End-User License Agreement (EULA) of HealthCi Mobile App
This End-User License Agreement ("EULA") is a legal agreement between You (Licensee, You and Your) and Healthy Business Performance Group (HBPG, Licensor, We, Us and Our) (collectively parties) and governs Your use of the mobile application (App) known as HealthCi App including but not limited to programs, functions, features, content, data, user interface, electronic documentation as well as all other material in relation to the App
Please read this EULA agreement carefully before using the HealthCi app. It provides a license to use the HealthCi software and contains warranty information and liability disclaimers.
You acknowledge and agree that to the extent not in conflict with this EULA, Your use of the App will be subject to the HealthCi Privacy Policy
Acceptance of Terms
By downloading, installing, operating or using the App, You acknowledge and agree to be bound by the terms and conditions of this EULA.
- If You do not agree to be bound by the terms and conditions of this eula You must not download, install, operate or use the app, or if You already have done this, You must immediately delete the app from Your mobile device.
- We reserve the right, at any time and from time to time, at Our sole and absolute discretion to update, revise, supplement or otherwise modify this EULA (Update the EULA).
- If We Update the EULA We will make a reasonable effort to notify You of this change when You access the App for the first time after such an update is made and Your continued use of the App will constitute Your acknowledgement and agreement to be bound by the Updated EULA.
License Grant
HBP Group hereby grants You a personal, non-transferable, non-exclusive licence to use the HealthCi software on Your devices in accordance with the terms of this EULA agreement.
You are permitted to download, install, operate and use the HealthCi mobile App solely for Your own lawful, non-commercial and personal use on any mobile device owned or controlled by You that can access the Android Market site and Google Play™ operated by Google Inc. or that can access the Mac Apple App Store™ and Apple App Store™ operated by Apple Inc. (Apple) (as the case may be). You are responsible for ensuring Your device meets the minimum requirements of the HealthCi software.
If You download the App through the Apple App Store™ and/or the Google Play™, in addition to the terms set out here, Your use of the App is also subject to Apple’s EULA or Google Play Terms of Service depending on Your compatible device. To the extent of any conflict betWeen the Apple's EULA or Google Play Terms of Service, this EULA will prevail
You are not permitted to
- edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things;
- reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose;
- allow any third party to use the Software on behalf of or for the benefit of any third party;
- use the Software in any way which breaches any applicable local, national or international law;
- use the Software for any purpose that <span class="company_name">HBP Group</span> considers is a breach of this EULA agreement.
You must not and You must not permit any other person to
- use the App or the functions and the information the App provides in any way that is offensive or that results or could result in any loss or any damage to any person;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others using the App including <span class="company_name">HBP Group</span> and its directors, officers, agents, employees, licensees, contractors, assignees or successors;
- upload, email, post, publish, distribute or otherwise transmit any information about any person that may identify them or that may compromise their privacy or breach their confidentiality without their prior written consent;
- impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with any person or entity;
- upload, email, post, publish, distribute or otherwise transmit content that is false or misleading, inappropriate, tasteless, harassing, threatening, abusive, hateful, profane, defamatory, obscene, pornographic, racially vilifying, which promotes bigotry or hatred or harm against a group or individual, deliberately provocative or indecent, designed to provoke a negative response from one or more users, infringes another’s rights including but not limited to intellectual property rights, or violates any applicable laws or regulations;
- upload, email, post, publish, distribute or otherwise transmit content that is of nuisance value, inappropriate, off topic, vexatious, constitutes unsolicited bulk e-mail, junk mail, spam or chain letters, contains a solicitation for funds, promotion, advertisement, solicitation for goods or services, or other commercial matter;
- solicit, collect or store personal data about other users, solicit other users to use or join or become members of any commercial online or offline service or other organization;
- violate the property rights of others and You must not upload, email, post, publish, distribute or otherwise transmit content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party; or
- post any instructions, software, malware or other materials that harm other users' computers or would allow App users or third parties to harm other users' computers, mobile devices, tablet devices or to inappropriately access software or Websites and You must not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
Intellectual Property and Ownership
HBP Group shall at all times retain ownership of the Software as originally downloaded by You and all subsequent downloads of the Software by You. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of HBP Group.
HBP Group reserves the right to grant licences to use the Software to third parties.
Collection of Data and Privacy
You acknowledge and agree that We may collect and use certain information through the App as set out in the HealthCi Privacy Policy.
Termination
This EULA agreement is effective from the date You first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to HBP Group.
It will also terminate immediately if You fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and You agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the Federal laws of Australia.
