THE NOURISH APP BETA TEST TERMS & CONDITIONS

Thank you for your interest in testing the Nourish App (the “App”; “The Nourish App”, as applicable), provided to you (“you”, “your”, “the Tester” as applicable), by Nourish App Ltd (“Nourish”; “Nourish Ltd”; “we” “us” and “our”, as applicable).

These Terms and Conditions (“Beta Testing Agreement”, “Beta Terms”) govern your enrolment in the iOS Beta test programme (“the Beta Test”) for the Nourish App. Nourish Ltd provides the Beta test version of the Nourish App to you (“the Beta App”), subject to your acceptance of these Beta Terms.

AGREEMENT

  • Downloading the Beta App from TestFlight confirms your unconditional acceptance of these Beta Terms.

  • If you do not accept these Beta Terms, you are not permitted to access the Beta App.

  • If you do not accept these Beta Terms, please do not download the Beta App from TestFlight.

ELIGIBILITY & ENROLMENT

  • The Beta Test is a closed testing programme, by invitation only. If you have not been invited to take part in the test, please do not download the Beta App.

  • Eligible participants will receive an email invitation from Nourish App Ltd via TestFlight. Please follow the instructions within the invite email to access the Beta App. You will be required to first download the TestFlight app onto your phone and redeem your code to access the Nourish Beta App.

  • By downloading the Beta App via TestFlight and creating a user account within the Beta App you will be enrolled in the Beta Test programme. To create a user account, you will be required to accept the full User Terms & Conditions for the Nourish App. If you do not accept the full User Terms & Conditions for the Nourish App, you will not be enrolled in the Beta Test programme.

LICENCE

  • Upon enrolment in the Beta Test you will be granted a revocable, non-exclusive, non-transferable, limited license to download, install and use the Beta App solely for your personal, non-commercial purposes, strictly in accordance with the terms of these Beta Terms.

  • You may not transfer any of your rights under these User Terms to any other person.

DISCLAIMER OF WARRANTIES

  • The Beta App is released solely for the purpose of testing and you acknowledge that the Beta App is nor a finished product and may include issues, bugs or defects. The Beta App is provided to you “as is”

  • We make not representations or promises that the Beta App will meet your requirements, be fit for a particular purpose, be compatible with all devices or be completely secure.

  • You acknowledge that your participation in the Beta Test is at your own risk.

  • We shall not be liable for any consequential or incidental loss or damage of any kind relating to your downloading or usage of the Beta App.

BETA TEST PERIOD

  • The Beta App will be available for 90 days from 31st January 2019.

  • The Beta Test Period may be extended, reduced or terminated immediately at our sole discretion.

  • At the end of the Beta test the Beta App shall automatically cease to function.

BETA TEST UPDATES

  • We may from time to time during the Beta Test Period release updates to the Beta App. When a new Update is available you should receive both a Notification from your TestFlight app and an email from TestFlight informing you of a new build release. You will need to open the updated Beta App from your TestFlight app to access the latest version.

  • You are under no obligation to update your Beta App version with the new build. However, it is preferred that you do so as this will enable us to collect data on the performance of the latest version of the Nourish App and understand any issues with the updates.

SUPPORT

  • You are free to submit general enquiries to us regarding the usage of the app, we shall endeavour to respond to any queries as soon as is feasible.

  • You can submit general queries by clicking on the Nourish Beta App icon within your TestFlight app and clicking on “Send Beta Test Feedback”.

REPORTING FEEDBACK

  • Please send any general feedback or enquiries by clicking on the Nourish Beta App icon within your TestFlight app and clicking on “Send Beta Test Feedback” or by emailing us directly at hello@nourishyourmindapp.com.

  • We will also from time to time send you a survey requesting feedback and collecting specific information from you. You are under no obligations to complete these however your feedback will be very helpful in helping us make improvements to the Nourish App.

  • You hereby acknowledge that in submitting feedback to us you automatically grant us irrevocable, royalty free licence to use and communicate that feedback publicly.

  • You hereby acknowledge that any comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Nourish App Ltd with respect to the Nourish App shall remain the sole and exclusive property of Nourish App Ltd.

  • Nourish App Ltd shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

DATA PROTECTION

  • All data collected and managed by us will be governed by our Privacy Policy.

CONFIDENTIALITY & NON-CONFIDENTIALITY

  • For the purposes of the Beta Test, “Confidential Information” means the Nourish Beta App itself, the design, images, content, tools, functionality and information contained within the Beta App, any documentation related the Nourish App and the Nourish App software.

  • You acknowledge and agree you shall, at all times during the Beta test, (i) keep confidential all Confidential Information (ii) not disclose Confidential Information to any other party (iii) not use any Confidential Information for any purpose other than as outlined in these Beta Terms.

  • You may disclose any Confidential Information to any governmental or other authority to the extent to which it is required by law.

  • You may disclose Confidential Information after the date at which that Confidential Information becomes public knowledge (e.g. that version of the Nourish App is made available via the App store), provided that in by doing so you do not disclose any Confidential Information which is not public knowledge.

  • The provisions of the Confidential Information will continue in force in accordance with these Beta Terms, not withstanding the termination or expiry of the Beta Test programme or your enrolment therein.

TERMINATION

  • Your enrolment in the Beta Test and your licence to use the Beta App shall terminate at the end of the Beta Test.

  • We reserve all rights to terminate your enrolment in the Beta Test prior to the end of the Beta Test Period if you commit a material breach of these Beta Terms.

  • We reserve the right to reduce the Beta Test Period in accordance with these Beta Terms in which case your access to the Beta App will also terminate.

  • Any and all obligations, regardless of their nature continue beyond the termination or expiration of the Beta Test Period.

INDEMNIFICATION

  • You agree to defend, indemnify and hold harmless Nourish App Ltd and its employees, contributors, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Beta App, by you or any person using your account and password or b) a breach of these Beta Terms.

MODIFICATION TO THESE BETA TERMS

  • We may modify the Beta Terms at anytime at our sole discretion. We will publish the details of them on our website at: www.thenourishapp.com/beta-test-terms. We will inform you of any substantial changes via email 7 days prior to the changes taking affect.

  • If you no longer agree with the modified Beta Terms, you should stop using the Beta App upon publication of those Beta Terms and inform us that you wish to leave the Beta Test programme.

LAW & JURISDICTION

  • These Beta Terms shall be governed by the laws of England and Wales, and you agree that any dispute between you and Nourish App Ltd will be dealt with only by the courts of England and Wales.

  • If you have any questions on these Beta Terms, please contact hello@nourishyourmindapp.com.

INDEMNIFICATION

  • You agree to defend, indemnify and hold harmless Nourish App Ltd and its licensee and licensors, and their employees, Contributors, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the App, by you or any person using your account and password or b) a breach of these User Terms.

NOURISH APP LTD’S RESPONSIBILITIES AND LIMITATIONS

  • Nourish Ltd tries to provide the App with a reasonable level of skill and care. However, there are certain things that Nourish cannot promise, as described below.

  • Your use of the App is at your sole risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis.

Third- party services

  • Third-Party Services and links and subject to such third parties’ terms and conditions.

  • You understand that any and all third-party websites, links or data you may access through the App are provided solely as a convenience to you and you access and use them entirely at your own risk.

  • Any Third-Party websites, services, data or links that you access through the App are the sole responsibility of the person, company or organisation from which they originated and are subject to such Third-Parties’ terms and conditions.

  • The App includes links to Third Party websites and / or apps which are beyond our control. Nourish is not responsible for any data, products or services available outside of The App.


Nourish Team

  • Nourish Ltd works with a number of wellbeing experts (“Contributors”). We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any of our Contributors outside of the App content and Information.

  • You further acknowledge and agree that Nourish Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available from any Contributor we work with.


No warranties

  • Except as expressly set out in these User Terms, neither Nourish nor its Contributors, suppliers, distributors, or investors, make any specific promises about the App or any of the Information available through it.

  • Nourish will use a reasonable level of skill and care to try to ensure all the Information within the App is correct, reputable and of appropriate quality, but it does not make any warranties or guarantees in relation to the accuracy or reliability of any Information or content provided through the App.

  • You acknowledge that software can never be totally free from bugs and security vulnerabilities. Nourish does not warrant that the App, its servers, the content and Information or emails sent from or on behalf of Nourish App Ltd will be secure, accurate, uninterrupted, free from errors, or free from virus viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

  • The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.


Limitations of liability

  • Notwithstanding any damages that you might incur, the entire liability of Nourish Ltd and any of its suppliers under any provision of the User Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Service / App.

  • In no event shall Nourish App Ltd, nor its directors, employees, partners, Contributors, agents or suppliers be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from using the App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

  • Some countries and jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.



TERMINATION:

  • These User Terms shall remain in effect until terminated by you or Nourish App Ltd.

  • Upon termination of these User Terms, your right to use the App will immediately cease.

  • We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the User Terms.

  • If you wish to terminate your account, you may simply discontinue using the Service and cancel your subscription. You are solely responsible for any payment methods in place at the time of the cancellation ie. Subscription fees.

  • All provisions of the User Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


YOUR SUGGESTIONS

  • Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Nourish App Ltd with respect to the App shall remain the sole and exclusive property of Nourish App Ltd.

  • Nourish App Ltd shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.


AMENDMENTS TO THE USER TERMS

  • We may update these User Terms from time to time for legal or regulatory reasons or to allow the proper operation of the App. Nourish App Ltd reserves the right, at its sole discretion, to modify or replace this User Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

  • By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.


GENERAL

  • By accessing or using the App you agree to be bound by these Terms. If you disagree with any part of the User Terms then you may not access the App.

  • If you breach these User Terms and Nourish chooses to ignore this, Nourish will still be entitled to use its rights and remedies at a later date or in any other situation where you breach these User Terms.

  • Nourish shall not be responsible for any breach of these User Terms caused by circumstances beyond its reasonable control.

  • Nothing in these User Terms shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.

  • These User Terms shall be governed by the laws of England and Wales, and you agree that any dispute between you and Nourish will be dealt with only by the courts of England and Wales.

  • If you have any questions on these User Terms, please contact hello@nourishyourmindapp.com.

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©2020 by Nourish Parents Limited

Nourish Parents Limited (Registered Number 12372969) is registered in England and Wales with its registered office at 74 North Worple Way, London, England, SW14 8PR, UK. VAT number: 345910106.