The information and content (collectively, “Content”) on EMA App (“App”) is for your general educational information only. The Content cannot, and is not intended to, replace the relationship that you have with your healthcare professional (“HCP“). The Content on this App should not be considered medical advice and is not intended as medical advice. If you are experiencing a medical emergency, you should not rely on any information on this App and should seek appropriate emergency medical assistance. You must talk to your HCP for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the Content on this App represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. Health information can change quickly. Therefore, you should always confirm information with your HCP.

 

The Content may include information regarding therapeutic and generic alternatives for certain forms of physiotherapy and may describe uses for products or therapies that have not been approved by the Food and Drug Administration. This Content is for informational, cost-comparison purposes only. It is not medical advice and does not replace consultation with a doctor, pharmacist, or other HCP. Talk to your healthcare provider to determine if an alternative form of treatment is right for you.

 

Agreement and terms

These App Terms of Use (“Terms”) describe the rules for using this App. These Terms constitute a legally binding agreement between you, the person using this App, and EMA App. If you are helping another person use this App, these Terms constitute a legally binding agreement between both the helper and the person being helped, and EMA App. Terms such as “we” or “our” and “Company” refer to EMA App and its affiliate entities.

 

By using this App, you agree to the most recent Terms as well as the most recent version of our Privacy Policy. We may change these Terms at any time, and such changes will be posted on this or a similar page of this App. It is your responsibility to review these Terms each time you use this App. By continuing to use this App, you consent to any changes to our Terms.

 

By using this App, you acknowledge and agree that any activity on this App is subject to monitoring by the Company at any time, and that the Company may use the results of such monitoring without limitation, subject to Applicable law.

 

If you enter into any other agreement with the Company, then these Terms are in addition to the terms of such other agreement. Neither entering into this agreement, nor visiting this App, nor using the App, nor any of these Terms, guarantee that you will receive any physical assistance from the Company, or that you will experience a complete cure to your condition, through this App or otherwise.

 

License to use this App and content ownership

Subject to these Terms, the Company grants you a personal, non-transferable, nonexclusive, revocable, limited access to the Content on the App for the sole purpose of collecting information regarding related activities such as, if permitted on this App, exercises to improve your posture and reduce back pain. You may also print, or make screenshots of a reasonable amount of the Content for your personal use, but in such case, you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the App, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the App, granting the foregoing licenses or entering into this Agreement.

 

In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policies) and non-proprietary. You hereby grant the Company a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.

 

Some Apps operated by the Company include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.

 

We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using this App, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.

 

Restrictions on the use of this App

You agree:

 

• not to use this App or Content in any way not explicitly permitted by these Terms or the text of the App itself;

• not to copy, modify or create derivative works involving the Content, except you may print or make screenshots of a reasonable amount of content for your personal use, provided that you reproduce or retain all proprietary copyright and trademark notices;

• not to misrepresent your identity or provide us with any false information in any information-collection portion of this App, such as a registration or application page;

• not to take any action intended to interfere with the operation of this App;

• not to access or attempt to access any portion of this App to which you have not been explicitly granted access;

• not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;

• not to directly or indirectly authorise anyone else to take actions prohibited in this section;

• to comply with all applicable laws and regulations while using this App or the Content. You represent and warrant that you are at least 13 years of age, and that if you are between 13 and 18 years of age a parent and/or guardian agrees to these Terms of Use on your behalf.

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Limitations on usage

Downloading EMA on a single device is meant for use by a single user. The App Currently supports scanning and generating reports for one individual only, and does not support scanning or generating reports for multiple users. If you scan another individual on your registered app, all your stored data for analyses will become null and void. Therefore we recommend installing EMA on separate devices to scan different individuals.

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Posting messages, comments or content

Certain portions of this App may be configured to permit users to post messages, comments, or other content. Any such content is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose. You agree not to post any content:

 

• which is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or

• the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights.

 

You are solely responsible for the content of any postings you submit and the Company assumes no responsibility or liability for any content submitted by you or any other App visitor. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion, violates these Terms or is otherwise harmful to us, our customers, or any third party. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by law or in a good faith that such access, preservation, or disclosure is required by law or in the best interests of the Company.

 

Any content you submit is for non-commercial use only. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. Never assume that you are anonymous and cannot be identified by your posts.

 

If you do post content or submit material, and unless we indicate otherwise, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and any of its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates for all claims resulting from content you supply.

 

Copyright infringement

The Copyright and Related Rights Regulations 2003  (the “CRRR”) provides recourse for copyright owners who believe that material Appearing on the Internet infringes their rights under UK copyright law. If you believe in good faith that content or material on this App infringes a copyright owned by you, you (or your agent) may send the Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to: info@parallelreality.co.uk.

 

The notice must include the following information: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the CRRR permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the CRRR. Notices and counter-notices with respect to the App should be sent to the address above.

 

Changes to App content

We may change, add or remove some or all of the Content on this App at any time. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through this App, such as participating healthcare providers, pricing information or other Content, may not be accurate or up to date. In addition, please note that features of any plan or plans described in this App may change over time as permitted by law, including benefit levels, items included in any formulary, pricing or lists of participating providers or other associated vendors.

 

Links

While visiting this App you may click on a link to other Apps and leave this App. We provide links to other Apps that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked Apps operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party Apps.

 

No Warranties

All content on this app is provided to you on an “as is”, and “as available” basis. The company, all third parties, if any, providing content for this app, and all third parties providing support or information for this app (collectively, “App-Related-Parties”) hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

The app-related-parties make no warranty as to the accuracy, completeness, timeliness, correctness, or reliability of any content available through this app. without limiting the foregoing, the App-Related-Parties specifically do not represent or warrant that any information regarding particular plan benefits or scope of coverage is accurate or complete. The App-Related-Parties make no representations or warranties that use of this app will be uninterrupted or error-free, that defects will be corrected, or that this app or the technology that makes it available are free of viruses or other harmful components. You are responsible for taking all precautions necessary to ensure that any content you may obtain from this app is free of viruses and any other potentially destructive computer code.

 

Some counties do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

Limitation of Liability

You agree that none of the App-Related-Parties shall be liable for any damage resulting from your use or inability to use this app or the content. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers the App-Related-Parties, including all affiliates, and their officers, directors, employees, and agents. This protection covers all losses including, without limitation, direct or indirect, special, incidental, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption. The limit of liability may not be effective in some counties. In no event shall the App-Related-Parties, including all affiliates, and their officers, directors, employees, and agents, be liable to you for any losses or damages. All other damages, direct or indirect, special, incidental, consequential, exemplary, or punitive, resulting from any use of the app or content are excluded even if the App-Related-Parties have been advised of the possibility of such damages. You agree that you use this app at your own risk. If you are dissatisfied with this app or the content, your sole and exclusive remedy is to discontinue using the app.

 

Governing law and Statute of Limitations

The laws of the United Kingdom govern these Terms and any cause of action arising under or relating to your use of the App, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this App, is in the city of London, United Kingdom. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any Applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

 

Before seeking legal recourse for any harm, you believe you have suffered arising from or related to your use of this App, you agree to inform us in writing and to give us 30 days to address the perceived harm before initiating any action. You must initiate any course of action within one year after the claim has arisen, or you will be barred from pursuing any course of action.

 

Contact us

To contact us regarding these Terms or the operation of the App itself, contact us at:

info@parallelreality.co.uk

 

Effective date

The Effective Date of these Terms is February 1, 2020.

 

Additional terms

Your obligations under the following sections survive termination of this Agreement: Important Note Regarding App Content; Agreement and Terms; portions of License to use this App and content ownership; Restrictions on use of this App; Posting messages, comments or content; Copyright Infringement – CRRR Notice; Changes to App content; Links; No Warranties; Limitation Of Liability; Governing law and statute of limitations; Additional terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify, App-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or App. You may not transfer or assign any rights or obligations under this Agreement. The Company may transfer or assign its rights and obligations under this Agreement.