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Terms of Service for Individuals

Introduction

Digi.me Limited (“digi.me”, “us”, “our” or “we”) is the provider of the Consentry services and the (iOS or Android) client applications (“Client Apps”) which are made available via the software web-app portal (“Portal”) at https://consentry.com or app stores, including the Consentry software as a service platform (“Platform”), together the “Services”, as well as all information and data made available in connection with the Services [“Service Data”].

These Terms of Service (”ToS”), together with all documents referred to in these ToS, tell you the terms on which you (“you” or “your”) may make use of the Services and the Service Data in relation to test kits that you register using the Services. If you have entered into a separate agreement with us, that agreement will apply instead of these ToS.

Please read these ToS carefully before you start to use the Services. By using the Services or installing the Client Apps, you are confirming that you accept these ToS and that you agree to comply with them. If you do not agree to these ToS, you must not use the Services.

Your attention is also drawn to the Consentry Privacy Policy which describes how we may collect and use your personal data, the reasons why we may need to disclose your personal data to others and how we store your personal data securely, compliant with the General Data Protection Regulation (GDPR). Digi.me may be both a data controller and a data processor of your personal data.

You hereby warrant that you are 18 years of age or older or, if you are not, that you have the consent of your parent or guardian to use the Services in accordance with these ToS.

Rights that we grant to you

We grant you a non-exclusive, non-transferable, revocable right to install the Client Apps and make use of the Services and any user or implementation guides (“Documentation”) available at https://consentry.com and any Service Data, solely for your use and in accordance with these ToS.

This licence shall remain in effect until and unless these ToS are terminated by you or us. You promise and agree that you will only make use of the Services, the Documentation, the Service Data and the Platform within the scope, limits, terms and conditions set out in these ToS and that you will not redistribute or transfer the Services, Documentation or Service Data, or any part of them.

You acknowledge that all intellectual property rights in the Services, the Documentation, the Service Data and the Platform anywhere in the world belong to us or our licensors (even after installation onto a computer or device owned by you or integration into your system), and that you have no rights in or to the Services, Documentation, Service Data or the Platform other than the right to use each of them in accordance with the terms of these ToS.

For the avoidance of doubt, all data you input into the Consentry platform or the Client Apps, including the results of any COVID-19 or other test related to or processed during your use of the Services (“Your Data”), belongs to You. Digi.me does not claim any rights over Your Data. Digi.me’s collection, use, disclosure and storage of Your Data is covered by the Consentry Privacy Policy.

the event that you breach the terms of the licence granted to you in these ToS and such breach results in the creation of derivative works of the Services, the Documentation, and/or the Service Data (“Improvements”), you hereby assign, together with full title guarantee, all such Improvements to us. Such assignment does not preclude us from taking any legal or other action against you for contravention of these terms and conditions, including for infringement of our intellectual property rights.

You may from time-to-time provide suggestions, comments, ideas or other feedback (“Feedback”) to us relating to the Services, Service Data, Platform or Documentation. To the extent that you provide such Feedback, you grant us an unlimited licence right and license to use, disclose, reproduce, licence or otherwise distribute and exploit the Feedback as we see fit, entirely without obligation or payment to you or restriction of any kind.

Services

From time to time, we may introduce new services, features or functionality to the Services. These ToS will apply to such new services, features or functionality, unless they come with separate or additional terms, in which case you will be required to agree to such separate or additional terms before being permitted to use the new services, features or functionality.

We undertake that the Services will be performed substantially in accordance with the Documentation. This undertaking shall not apply to the extent of any non-conformance which is caused by your use of the Services contrary to our instructions or these ToS, or any alternation or modification made to the Services or the software used in the provision of the Services by a third party who is not authorised by us. You understand and agree that we have no obligation to modify software to support your use of the Services.

You acknowledge that the accuracy and completeness of the Services is dependent on a number of factors outside the control of digi.me, including your data input and your use of the Consentry solution.

Digi.me will use all reasonable endeavours to provide the Services with due care and diligence and to such standard as may reasonably be expected from a service provider operating in digi.me’s market and providing services of a type and kind as the Services. However, digi.me does not warrant that the Consentry solution will prevent you or others catching any communicable virus or disease.

You acknowledge that Consentry is a privacy centric solution that enables, amongst other things, the transfer of results for tests registered using the Services where testing is carried out by a third party or that assists with the interpretation of results of test you have carried out yourself, but that digi.me does not provide any medical, health, legal or professional advice in relation to the Services nor warrant these Services in any way.

Additionally, digi.me does not warrant the accuracy of any test result data interpreted by or transferred using the Services or that such test results shall be made available to you within any particular time period or by any specific time or date.

Accessing the Services

We do not guarantee that the Services will always be available or be uninterrupted or guarantee any specific response times to bugs reported or issues raised. In particular:

Maintenance Services: The Services will not be available to you when we carry out maintenance services. We will endeavour to carry out these services outside of normal UK business hours (being 9:00am to 5:00pm UK time) and to give you at least eight hours’ notice, by email notification or posting at https://consentry.com/statuspage. However, you acknowledge that this notice may not be possible in cases of emergency or urgency.

Communication networks: The Services may be subject to limitations, delays and other problems inherent in the use of communication networks and facilities. We will not be liable to you if the Services are unavailable at any time, or for any period due to an event or cause outside of our control.
We reserve the right to suspend your access to or use of the Services, without notice, in the event you breach these ToS or if we reasonably suspect that you have breached these ToS.

Your use of the Services

You must not use the Services for any commercial use and you must not redistribute or transfer the Services, Platform, Documentation or Service Data to any third party or make any part of the Services, Platform, Documentation or Service Data available to be accessed, in whole or in part, by any third party. For the avoidance of doubt, any restrictions do not apply to Your Data.

The licence granted to you to install and make use of the Services, the Platform, the Documentation, and Service Data, does not permit you to do, and you shall not do nor permit any third party to do, any of the following:

Embed our Services, Platform, Documentation, or Service Data into any product of yours or any third party;

Make available through automated or manual means any part of the Services, the Platform, the Documentation, or the Service Data, by way of crawling, scraping, spidering or otherwise;

Copy or access all or any part of the Services, the Platform, the Documentation, or the Service Data other than via the interface(s) provided to you by us;

Use web-crawlers, bots, or scripts to copy or access any part of the Services, the Platform, the Documentation or the Service Data; or

Circumvent or attempt to override any security features we have installed relating to the Services, the Platform, the Documentation, or the Service Data;

You further agree to comply with any acceptable use policy at https://consentry.com with regards to your use of the Services, Platform, Service Data and Documentation, including any material and data you transmit using the Services. Such acceptable use policy is hereby incorporated into these ToS. A breach of any acceptable use policy will constitute a breach of these ToS and may result in termination or suspension of your account, in accordance with these ToS.

You shall comply with all applicable laws, rules and regulations that apply to your use of the Services, and comply with all applicable laws, rules and regulations governing export that apply to the Services.

Usage Data Analysis

Digi.me collects anonymous data from both the Platform and Client Apps. This information is used by us to understand better how the Consentry solution is being used, for analytical purposes, to improve the Services and inform our product development decisions.

Instructions are available on the Platform dashboard and within the Client Apps, advising how you or any Client App user can opt out of the sending of anonymous data.

Limitation of Liability

You hereby agree to the following limitations on our liability to you:

Exclusion of certain losses: We shall not be liable to you for any loss of profits, business, anticipated savings, goodwill or business opportunity, business interruption, loss or corruption of data or information, or for any special, indirect or consequential loss or damage, howsoever arising under these ToS; and

Cap on liability: Our maximum aggregate liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these ToS shall be limited to €1.

Nothing in these ToS shall exclude either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law. However, digi.me does not warrant that the Consentry solution will prevent you or others catching any communicable virus or disease and we shall not be liable for any death or loss of any kind associated with any communicable virus or disease, resulting from the use, mis-use or non-use of the Client Apps, the Platform or any part of the Platform, the Documentation, the Service Data or Your Data.

All warranties, conditions, representations or other terms implied by statute or common law in relation to the Services, Documentation, the Service Data and the Platform provided by us are excluded to the fullest extent permitted by law.

Indemnities

You shall defend, indemnify and hold harmless digi.me against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services, Client Apps, Documentation, Service Data or Platform in breach of these ToS or other agreements referred to in these ToS (including, but not limited to, any acceptable use).

Termination

You may terminate these ToS with us at any time, for any reason, by deleting the Consentry application from your devices and ceasing all use of the Services, Documentation and Service Data.

We may terminate these ToS with you immediately, without notice, in the event you commit a material or persistent breach of these ToS (including any acceptable use policy), the Services are discontinued, we lose the right to provide you with the Services or where the provision of the Services becomes unlawful.

Upon termination:

All rights granted to you under these ToS, including those specifically granted to you, shall cease, except in relation to the Client Apps; and

You must cease all activities authorised by these ToS, including use of the Services, Documentation and Service Data, except in relation to the Client Apps.

Other Terms

Assignment and other dealings: You may not assign, transfer, sub-licence or deal in any other manner with any or all of your rights under these ToS, without our prior written consent.

Waiver: A waiver of any right or remedy under these ToS or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these ToS or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

Severance: If any provision or part-provision of these ToS is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these ToS.

Relationship: Nothing in these ToS is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties or constitute any party the agent of another party.

Third Party Rights: No one other than a party to these ToS, their successors and permitted assignees, shall have any right to enforce any of its terms.

Other Rights: All rights not expressly granted in these ToS are reserved to digi.me.

Entire Agreement: These ToS and all documents referred to therein constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Jurisdiction/ Governing Law: These ToS, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. The parties hereby irrevocably agree to the exclusive jurisdiction of the courts of England and Wales in respect of these ToS.

June 2021 Version 1.0