Cambridge Cognition Android End-user Licence Agreement
THE “CANTAB” SOFTWARE APPLICATION (“THE app”)
TERMS OF USE
Please read these terms AND CONDITIONS of use carefully before using thE APP. By using the app, you agree to be bound by these terms of use. If you do not agree to these terms of use you must not use our app for any purpose whatsoever.
In these Terms of Use, We, Our, or Us means Cambridge Cognition Limited (a company incorporated in England and Wales under number 04338746 whose registered office is at Tunbridge Court Tunbridge Lane, Bottisham, Cambridge, Cambridgeshire, CB25 9TU) and You or Your means you (and if you are using the APP on behalf of a legal person, business, or other organisation (Organisation) includes you and also such Organisation).
By using the APP, You represent and warrant that You have all necessary capacity and authority to enter into these Terms of Use as a legally binding contract with Us in all applicable jurisdictions.
We may update these Terms of Use or any of the other documents referred to in them from time to time by posting them on our website which is currently www.cambridgecognition.com or notifying You by any other reasonable means. Such updates shall take effect 7 days after details of them are so posted (or, if earlier, of You otherwise being notified of the update). Please check our website regularly for details of updates. If You do not agree to any such update You should stop using the APP before the update takes effect.
AUTHORISED USERS OF THE APP
The APP is intended only for patients or volunteers taking part in certain clinical research studies (each a “Relevant Clinical Study”).
You will download the APP to your device or smartphone or to a device or smartphone loaned to you for the purpose and duration of the Relevant Clinical Study.
You will be provided with access to the APP by exchanging a time-limited activation code with the study team.
The APP is not authorised for use by anyone other than You. Access permissions to use the APP shall only be granted to authorised users even if You have downloaded the APP from publicly accessible platforms such as the Apple App Store or the Google Play Store.
INTENDED USE OF THE APP
The APP is only intended and made available to You for use as part of a Relevant Clinical Study.
If You are a patient or volunteer in a Relevant Clinical Study then You (and You alone) are permitted to download and/or use the APP but only as required for the Relevant Clinical Study.
You are not permitted to make any use of the APP other than for the intended use set out in these Terms of Use and You are not permitted to give others access to the APP for any purpose whatsoever.
The APP may send notifications to your phone to remind you of the tasks that you need to perform as a participant in the Relevant Clinical Study. It may also provide functionality to allow you to complete such tasks.
INFORMATION COLLECTED BY THE APP
The APP collects certain technical information when it is used on a device. Please see our Privacy Policy which explains the technical information that is collected, what it is used for and your rights in relation to that information.
The APP also collects information directly for the purposes of the Relevant Clinical Study. For example, the APP may gather data on your performance on cognitive tests, your responses to questionnaires, or entries in e-diaries. The APP may also integrate with wearable devices, or other software components on your phone, in order to collect passive data (e.g. heart rate) as required by participation in the Relevant Clinical Study. The specific data of this type, its usage in the Relevant Clinical Study, and your rights with regard to it, will be described during the study’s informed consent process. Contact your clinical study contact for the details of this data specific to the Relevant Clinical Study.
To protect your privacy, Cambridge Cognition is unable to assist you directly with any questions or support requests regarding the APP, or the conduct of the Relevant Clinical Study. Please direct all such requests to your clinical study contact.
PASSCODES
The APP is protected by the passcode You set for the smartphone or device. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passcode. It is your sole responsibility to (1) authorize, monitor, and control access to and use of your smartphone or device and passcode; (2) promptly inform your contact for the Relevant Clinical Study if you believe your smartphone or device passcode has been compromised, or if there is any other reason that you believe someone else may have used the APP.
INTELLECTUAL PROPERTY RIGHTS
The APP, including any of its content is Our proprietary work and is protected by copyright and/or other intellectual property rights.
For the purposes of the Relevant Clinical Study, You are granted permission to temporarily download one copy of the APP for personal, non-commercial use on a mobile device that you own or control.
You agree that the APP, or any part of it, shall not be copied except where such copying is incidental to its normal use or where it is necessary for the purpose of back-up or operational security.
You agree that the APP, or any part of it (other than any open-source software), is not to be shared, rented, leased, sub-licensed, loaned, translated, merged, adapted, varied or modified, amended, changed, violated, mirrored, circumvented, reverse engineered, decompiled, disassembled or otherwise tampered with, including its security features.
DISCLAIMER AND LIMITATION OF LIABILITY
WE, AND OUR EMPLOYEES, DIRECTORS AND OFFICERS, ARE NOT PROVIDING ANY PRESCRIBING INFORMATION OR MEDICAL ADVICE OF ANY KIND AND CANNOT ACCEPT ANY DUTY OF CARE OR LIABILITY WHATSOEVER IN RESPECT OF PRESCRIBING INFORMATION OR MEDICAL ADVICE PROVIDED BY THIRD PARTIES VIA THE APP OR OTHERWISE.
YOU MUST CONSULT WITH YOUR HEALTHCARE PROVIDERS AND MAKE YOUR DECISIONS BASED ON THEIR ADVICE.
ALWAYS CONSULT WITH YOUR HEALTHCARE PROVIDERS IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS.
YOUR USE OF THE APP, OR ANY ASPECT OF ANY SERVICE WE PROVIDE TO YOU IN CONNECTION WITH THE APP, IS AT YOUR OWN RISK.
UNLESS YOU ARE LOANED A DEVICE TO USE THE APP, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR MOBILE DEVICE IS COMPATIBLE WITH THE APP.
THE APP MAY NOT BE FREE OF ERRORS OR BUGS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE APP.
OTHER THAN AS EXPRESSLY STATED, THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE APPLY TO ALL LOSSES, DAMAGES, LIABILITIES AND CLAIMS HOWSOEVER ARISING, INCLUDING IN NEGLIGENCE OR OTHERWISE.
WE DO NOT EXCLUDE OR LIMIT ANY LIABILITY TO THE EXTENT THE SAME CANNOT BE EXCLUDED OR LIMITED BY LAW (SUCH AS FRAUD, FRAUDULENT MISREPRESENTATION, OR PERSONAL INJURY RESULTING FROM OUR OR OUR EMPLOYEES’ NEGLIGENCE OR WILFUL DEFAULT).
BREACH OF THESE TERMS OF USE
We may stop your access to the APP if you breach any of these Terms of Use and you may also be subject to legal action.
TERMINATION
These Terms of Use are effective until terminated by You or Us.
You may terminate at any time provided you discontinue any further use of the APP.
We may terminate at any time if: You breach the Terms of Use; or if we are notified by the sponsor of the Relevant Clinical Study that your participation in the Relevant Clinical Study has come to an end; or if our agreement with the sponsor has come to an end; or if We decide for business reasons to cease the promotion or support of the APP.
Upon any termination by You or Us, You must promptly uninstall the App on all of your devices.
The provisions headed “Intellectual Property Rights”, “Disclaimer and Limitation of Liability”, “Severability”, “Entire Agreement” and “Choice of Law and Forum” continue to apply to You after any termination of these Terms of Use.
In the event of any inconsistency between these Terms of Use and Google’s Distribution Agreement with regard to any particular issue, the terms of Google’s Distribution Agreement shall govern with regard to that particular issue.
SEVERABILITY
If any of the provisions of these Terms of Use are held to be not enforceable by a court or other tribunal of competent jurisdiction then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect.
ENTIRE AGREEMENT
These Terms of Use and our Privacy Policy constitute the entire agreement between You and Us pertaining to the subject matter hereof. Anything contained in or delivered through the APP that is inconsistent with or conflicts with these Terms of Use or Privacy Policy is superseded by the terms of these Terms of Use and the Privacy Policy.
You acknowledge that you have not entered into these Terms of Use in reliance on any representation or warranty that is not expressly set out in the Terms of Use.
CHOICE OF LAW AND FORUM
These Terms of Use shall be governed in all respects under the laws of England and Wales. In any claim or action by you arising under these Terms of Use, you irrevocably agree to submit to the exclusive jurisdiction of the courts in London, England.
CONTACT INFORMATION
All notices to us relating to these Terms of Use may be made in writing and sent to Cambridge Cognition Limited, Unit 9/10, Tunbridge Court, Bottisham, Cambridge, CB25 9TU, United Kingdom or, by email, to [email protected].
Version 1.0
Date: 8th October 2021
