Last updated September 28, 2020
The Holly Health service(s) have been designed to promote healthy lifestyle and habits, according to approved national health guidelines in the UK.
However, it's important to note that each individual uses the service(s) under their own supervision, and therefore should seek guidance of a doctor before adopting changes to nutrition, exercise, sleep, and other habits which the service(s) may suggest. This is especially true for:
Individuals with a pre-existing medical condition such as diabetes, heart disorders, damaged kidneys, low bone density, eating disorders, cancer in active treatment or any other condition where your doctor has recommended abstaining from making changes like the ones listed above.
Individuals over the age of 70.
Women who are pregnant or nursing.
The service(s) are not approved as a medical device and are not intended to diagnose, treat, cure or prevent any disease or condition. Accordingly, we do not provide any warranty or representation with respect to the merchantability, fitness or suitability of the Application for treating any medical condition. The service(s) have not sought or received any rulings from the UK Medicines and Healthcare products Regulatory Agency as to the safety or effectiveness of the Application for medical purposes.
If you ever feel unwell while using the service(s), consult a doctor as soon as possible. Use of the Service(s) does not create a physician-patient relationship. Use is voluntary and at your own risk.
Service terms and conditions
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Holly Health Ltd (HH), a software development company registered in England and Wales under company number 12551800, for the Holly Health App (App or Services).
The following end-user licence agreement (EULA) terms govern your access to and use of the Application on iOS, Android, web-based, or any other mobile platforms. The Service(s) are licensed, not sold, to you.
Operating system requirements
Certain App(s) may require an Apple or Android Device. The minimum operating systems we support are iOS 10 and Android 5 and above. The App(s) may work on other Operating Systems but the Operating Systems specified above are the minimum Operating Systems we test on and guarantee that the App(s) will run for.
1.1 The terms of this EULA apply to the App(s) or any of the services accessible through the App(s) (Service(s)), including any updates or supplements to the App(s) or any Service(s), unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App(s) or any Service(s), the terms of an open-source licence may override some of the terms of this EULA.
1.3 We reserve the right to withdraw or amend this Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App(s) onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You should check with your mobile or internet service provider for details of data and internet usage charges. You accept responsibility in accordance with the terms of this EULA for the use of the App(s) or any Service(s) on or in relation to any Device, whether or not it is owned by you.
1.6 By using the App(s) or any of the Service(s), you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Service(s) to you.
1.7 Apart from the services to you to improve your own lifestyle, the outcome of any study completed on the data collected (which shall be aggregated and anonymised) may form part of one or more scientific publications related to health and wellbeing, mobility, computer science, and related fields. You will not be identified in any report or publication. The data collected will be retained for analysis and may be used to provide information to selected parties.
1.8 The App(s) or any Service(s) may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.9 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. Grant and scope of licence
2.2 You may:
(a) download the App(s) onto an Apple or Android Device, in line with the operating system requirements set out at the beginning of this agreement and view, use and display the App(s) on the Devices for your personal purposes only; and
(b) use the Documents for your personal purposes only.
3. Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App(s) or Documents except where such copying is incidental to normal use of the App(s), or where it is necessary for the purpose of back-up or operational security
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App(s) or Documents;
(c) not to make alterations to, or modifications of, the whole or any part of the App(s), or permit the App(s) or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App(s) or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App(s) with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App(s) with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App(s);
(e) to keep all copies of the App(s) secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App(s);
(f) to include our copyright notice on all entire and partial copies you make of the App(s) on any medium;
(g) not to provide or otherwise make available the App(s) in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App(s) or any Service (Technology), together referred to as Licence Restrictions.
4. Acceptable use restrictions
(a) not use the App(s) or any Service(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App(s), any Service(s) or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App(s) or any Service(s), including the submission of any material (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App(s) or any Service(s);
(d) not use the App(s) or any Service(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service(s) or our systems or attempt to decipher any transmissions to or from the servers running any Service(s); together referred to as Acceptable Use Restrictions.
5. Intellectual property rights
5.1 You acknowledge that all intellectual property rights in the App(s), the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App(s) are licensed (not sold) to you, and that you have no rights in, or to, the App(s), the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App(s) in source-code form.
5.3 The name (s), Holly Health, Holly Habit Coach, Holly Bird, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Application are the trademarks of their respective owners.
6. Limitation of liability
6.1 You acknowledge that the App(s) has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App(s) as described in the Documents meet your requirements.
6.2 You acknowledge that all information provided, whether originating from us or a third party, may have been compiled based on the nutrient information panel or other relevant information. We do not warrant that any such information is true or accurate and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of that information.
6.3 The content in the App(s) is provided for general information only. Please note that the App(s) shall not be construed as a medical tool of any sort. It is not intended to amount to advice on which you should rely. If you have any questions or concerns about the content within the App(s) we recommend you seek professional or specialist advice before taking, or refraining from, any action on the basis of the content of the App(s).
6.4 If you are pregnant or currently breastfeeding then please speak to your GP or health professional before taking on any new health regime especially when it comes to starting physical activity.
6.5 You acknowledge that when using the App(s), educational material may be shared with you, including suggestions based on national guidelines. Suggestion and guidelines are formed using population averages. They are not specifically tailored to you and are not intended as direct advice.
6.6 Devices may vary in their ability to track and measure information therefore the App(s) may not provide consistent and accurate information at all times.
6.7 You acknowledge that measurements of your activity may be rounded up or down and as such, we make no guarantee that the App(s) provide precise measurements.
6.8 We reserve the right to use broad definitions when defining time and distance and therefore, measurements may not correspond exactly to titles used.
6.9 Although we make reasonable efforts to update the information in the App(s), we make no representations, warranties or guarantees, whether express or implied that the content of the App(s) is accurate, complete or up-to-date.
6.10 You acknowledge that the information may be updated, altered or removed, from time to time, at any time, without notice to you.
6.11 We are not responsible for any data usage, roaming or other charges you incur when accessing the internet through your mobile or other Device, as specified in condition 1.4.
6.12 We only supply the App(s) and Documents for domestic and private use. You agree not to use the App(s) and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.13 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 6.13, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
6.14 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to allowing you to re-enroll on the Service(s). This does not apply to the types of loss set out in condition 6.12.
6.15 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
6.16 The programmes within these Apps are designed for beginners to gradually build up their physical activity ability. In particular, you should note the following:
(a) if you have any health concerns about beginning a new exercise regime, please make sure you consult your GP or health professional before starting.
(b) listening to your body is important; if you feel you have an injury, make sure you give yourself enough recovery time or see your GP for more advice.
(c) your safety is important to us. We do not permit service usage by under 18 year olds at present.
(d) By using the Application, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service(s).
7.1 We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
7.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of any Service(s); and
(c) you must immediately delete or remove the App(s) from all Devices, and immediately destroy all copies of the App(s) and Documents then in your possession, custody or control and certify to us that you have done so.
8.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail: firstname.lastname@example.org. We will confirm receipt of this by contacting you by e-mail.
8.2 If we have to contact you or give you notice in writing, we will do so by e-mail.
9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
10. Other important terms
10.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
10.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
10.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
This agreement has been entered into on the date of your initial signup to the Service's.