License Agreement

License Agreement

Welcome to suntastic! This suntastic End User Licence Agreement (Agreement) is a legal agreement between you (the user) and us (Suntastic Limited) that sets out our, and your, rights and obligations in relation to suntastic and the data you provide to us through suntastic. Please read this Agreement carefully before using suntastic. By registering, logging on and/or otherwise using suntastic you agree to follow and be bound by this Agreement. If you do not agree to all of the terms in this Agreement, you must not use suntastic.

This Agreement may be varied by us at any time. Unless otherwise stated, amendments to these terms will be effective upon notifying you of the changes through, or posting the changes on, the suntastic App (including by push notification), website, email or otherwise. You must ensure that you have read understood and agree to the terms in this Agreement. You agree that your continued use of suntastic represents your agreement to be bound by the most recent terms.

 

  1. Definitions and Interpretation

1.1 In this Agreement, unless the context otherwise requires or is specified otherwise:

Agreement means this End User Licence Agreement;

App means the suntastic application software, which is a healthcare application for UV monitoring and sun safety and includes any upgrades or updates to the same;

Data means: (a) data inputted by you for the purpose of registering to use or using suntastic via taking images; and (b) data generated by suntastic or the device on which suntastic is installed, which is about you and generated in the course of your use of suntastic;

Intellectual Property Rights means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, whether registered, in the course of being registered or unregistered and any analogous rights worldwide;

Usage Data means any data we may collect about the way in which you and other suntastic users use suntastic but does not include your Data;

suntastic means the modern healthcare App to predict your personal time to sunburn based on your true skin tone in order to prevent sunburns and skin cancer.

Virus means any thing or device (including any software, code, file or program) which may: (a) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; (b) prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or (c) adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;

we, us and our refers to Suntastic Limited (Company No. 693786) with registered offices at 14 GEORGE’S PLACE APARTMENTS, BENTLEY VILLAS, GEORGE’S PLACE, DUN LAOGHAIRE, CO. DUBLIN, IRELAND; and you and your refers to you, the individual that registers to use suntastic.

 

  1. Licence and Access

2.1 We grant you a non-exclusive, non-transferable, revocable right to access and use suntastic for the term of this Agreement solely for your own personal, non-commercial use and on a device that you own and/or control, all on the terms and conditions set out in this Agreement.

2.2 We will use reasonable endeavours to make suntastic available to you on and subject to the terms of this Agreement.

2.3 You:

(a) will keep logins and passwords for your access and use of suntastic confidential and ensure you are the only person to access and use suntastic through use of your login details;

(b) are fully responsible for all activities that occur under your account and agree to immediately change your password in the event of any breach of security;

(c) acknowledge and agree that we may disable your login account if we discover that your login details have been provided to any third party;

(d) will log-out of suntastic if you are not using suntastic for any extended period of time or not in control or possession of the device on which you are accessing suntastic;

(e) acknowledge and agree that you may be automatically logged out of suntastic after a period of time of inactivity and, if so, you will be required to log in again in order to access and use suntastic; and

(f) will ensure that all your Data that you provide to us is true and correct and kept up to date for so long as you continue to use suntastic.

2.4 You will not access, store, distribute or transmit any Viruses through suntastic, and we may, without liability to you, disable your access to suntastic if you are in breach of this clause.

2.5 You will not:

(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between you and us:

(i) and except to the extent expressly permitted under this Agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, display, transmit, or distribute all or any portion of suntastic (as applicable) in any form or media or by any means; or

(ii) attempt to decompile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App;

(b) access all or any part of suntastic in order to build a product or service which competes with suntastic;

(c) use suntastic to provide services to third parties;

(d) attempt to undermine the integrity or security of:

(i) suntastic; or

(ii) our, or any third parties, systems, networks or resources used in the provision of suntastic;

(e) attempt to gain unauthorised access to any information or materials other than those to which you have been given express permission to access as part of suntastic;

(f) attempt to obtain, or assist third parties in obtaining, access to suntastic, other than as provided under this clause 2.

2.6 You will use all reasonable endeavours to prevent any unauthorised access to, or use of, suntastic and, in the event of any such unauthorised access or use, promptly notify us.

2.7 We may terminate this Agreement if you breach any provision of this Agreement. If we terminate this Agreement you will immediately cease to use suntastic.

 

  1. Changes to suntastic

3.1 You acknowledge that we may upgrade and update suntastic and that suntastic is continually evolving. You may be required to install upgrades and updates to the App or to upgrade the device you use to access suntastic or the operating system running on that device in order to continue to use suntastic.

3.2 Although we use reasonable endeavours to ensure that any upgrades and updates to suntastic do not cause any problems in your use of suntastic, our liability to you to the extent that problems arise from such upgrades and updates is limited in accordance with clause 7.

3.3 We reserve the right at any time and from time to time to charge for use of suntastic (or any part of it), and modify, discontinue or restrict access to suntastic (or any part of it), temporarily or permanently with or without notice to you. To the maximum extent permitted by law, you agree that we will not be liable to you or to any third party for any modification, restriction, suspension or discontinuance of suntastic.

 

  1. Your Data and Usage Data

4.1 We acknowledge and agree that, except for the rights you grant us to use your Data under this Agreement, you will own all rights, title and interest in and to all of your Data and you will have sole responsibility for the legality, reliability, integrity, accuracy and quality of your Data.

4.2 While we will take reasonable measures against the accidental loss, destruction or damage of your Data, to the extent permitted by law, we will not be responsible for any loss, destruction, alteration or disclosure of your Data and you should ensure that you back-up any important information included in your Data in a separate location on regular basis.

4.3 In so far as any of your Data or any Usage Data is “Personal Information” for the purposes of the General Data Protection Regulation (GDPR), we will comply with our obligations under GDPR in respect of that Personal Information. You acknowledge and agree that we will be permitted to share or disclose your Personal Information:

(a) in accordance with GDPR, including without limitation where we believe on reasonable grounds that we are required to do so by law or that disclosure is necessary to facilitate the disposition of the suntastic business (whether as a going concern or otherwise); and

(b) as agreed by you under this Agreement. If you have any questions in connection with our use of any Personal Information you have provided to us or you wish to access your Personal Information please write to us at our registered office address above or at: support@suntastic.ie. You acknowledge and agree that we may use your Data for the purpose of:

(c) providing suntastic to you and otherwise performing our obligations under this Agreement. This may include passing your Data to third party service providers we use to provide suntastic (including without limitation overseas data centre and outsourcing providers);

(d) ensuring that you are complying with the terms and conditions of this Agreement;

(e) improving or enhancing suntastic;

(f) performing research and data analysis on an aggregated and anonymous basis; and

(g) marketing our own and third-party products and services to you, where you have indicated, or otherwise agreed, that we may do so.

4.4 In addition to clause 4.4, you acknowledge and agree that:

(a) we may share your Data with other suntastic users or third parties provided that we have obtained your specific consent to do so;

(b) we will be free to use your Data on an anonymous basis for any purpose, commercial or otherwise, including for data analysis and market research purposes, and that we will be free to provide such data and grant such use rights to our business partners and other third parties. The rights granted by you to us under this clause are perpetual and irrevocable; and (c) we may provide your Data to third parties, such as our business partners, for marketing purposes provided that we have obtained your specific consent to do so.

4.5 Any Usage Data we collect will be owned by us. We will only use such Usage Data in an anonymised form and will be free to do so for any purpose, commercial or otherwise.

 

  1. Your Obligations

5.1 You will:

(a) provide us with all necessary co-operation in relation to this Agreement so that we can provide you access to suntastic;

(b) comply with all applicable laws (including GDPR) and any third party terms you have agreed to (for example with your telecommunications service provider) with respect to your use of suntastic and your activities under this Agreement;

(c) use suntastic in accordance with the terms and conditions of this Agreement and carry out all other of your responsibilities set out in this Agreement in a timely and efficient manner;

(d) be solely responsible for:

(i) procuring and maintaining your network connections and telecommunications links from the device you use to access suntastic; and

(ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

5.2 You confirm that you have all the rights in relation to your Data that are necessary to grant us the right to use it as set out in the terms of this Agreement.

 

  1. Intellectual Property Rights

6.1 You acknowledge and agree that we and/or our licensors own all Intellectual Property Rights in suntastic. Except as expressly stated in this Agreement, this Agreement does not grant you any rights to, or in, the Intellectual Property Rights, or any other rights or licences in respect of suntastic.

 

  1. Warranties and Liability

7.1 You acknowledge that, except for those warranties or representations that cannot be excluded by law (including under the Consumer Protection Act 2007), suntastic is provided on an “as is” basis and all representations, conditions or warranties in respect of suntastic (whether express or implied, statutory or otherwise, and including warranties of merchantability and fitness for a particular purpose) are expressly excluded.

7.2 In particular and without limiting clause 7.1, we do not warrant:

(a) that your use of suntastic will be uninterrupted or error-free;

(b) that suntastic will meet your requirements;

(c) that suntastic will be free from Viruses; or

(d) the accuracy, correctness, reliability, adequacy, completeness or fitness for purpose of any calculation, advice, recommendation, statistic, SPF levels, current and forecasted UV Indexes, time to sunburn, or any other information contained on, or provided through the use of, suntastic (together referred to as UV Information). You acknowledge that the UV Information:

(i) is provided for guidance and informational purposes only, and that any assumptions used, and recommendations or other information generated or provided, are for purposes of illustration and reference only, and are subject to change depending on a variety of factors, which may not have been taken into account;

(ii) should not be considered complete, nor should it be relied on to suggest a course of action to protect you or any other individual from UV exposure. You agree that you will not rely solely on the UV Information and will carry out your own assessment of your risk and all relevant factors to verify the accuracy, correctness, reliability and completeness of the UV Information; and (iii) is not intended as a substitute for, nor does it replace, a medical practitioner’s independent medical advice, diagnosis, treatment, or judgment about your UV risk profile or the appropriate course of action to protect you or any other individual from UV exposure.

7.3 You agree that, to the maximum extent permitted by law, we will not be liable to you for any form of loss or damage or injury, regardless of cause or origin, on any basis whatsoever, (including but not limited to breach of contract, warranty, negligence, strict liability in tort or otherwise), arising out of or in connection with this Agreement (including your reliance on or use of the UV Information or suntastic). If, notwithstanding the foregoing, we should have any liability to you for any form of loss or damage, then to the maximum extent permitted by law, our maximum aggregate liability to you will not exceed the amount you have paid us for suntastic.

7.4 Without limiting clause 7.3, you agree that:

(a) to the maximum extent permitted by law, we will not be responsible for the loss, destruction or damage of your Data, however caused; and (b) before using any data exported or otherwise retrieved from suntastic (including your Data) you will verify the accuracy, correctness and completeness of such data and will carry out your own assessment of the appropriateness of such data for the purpose for which you intend to use it and that we will not be responsible for any errors or omissions in such data, however caused.

7.5 Clauses 7.3 and 7.4 are subject to any rights you have under the Consumer Protection Act 2007 that cannot be excluded by agreement between you and us.

7.6 You acknowledge that:

(a) we may rely on the provision of services by third parties (including data centre, electricity, telecommunications and outsourcing providers) in order to make suntastic available to you (Third Party Providers) and that suntastic may be subject to limitations, delays and other problems inherent in the use of such services provided by Third Party Providers;

(b) to the maximum extent permitted by law, we will not be responsible for any delays, delivery failures, or any other loss or damage arising out of or is in connection with any services provided by Third Party Providers, including any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet; and

(c) suntastic may contain links to other sites and resources provided by third parties, and that these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

7.7 You will indemnify us against all costs, losses, expenses and damages incurred through any claims against us resulting from your use of suntastic.

 

  1. General

8.1 This Agreement constitutes the entire agreement between you and us in relation to suntastic and supersedes any previous understanding or agreements on that subject matter.

8.2 If any part or a provision of this Agreement is judged invalid or unenforceable in a jurisdiction it is severed for that jurisdiction and the remainder of this Agreement will continue to operate.

8.3 A provision or a right under this Agreement may not be waived except in writing signed by the party granting the waiver.

8.4 A party to this Agreement may exercise a right, power or remedy under this Agreement at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party under this Agreement does not prevent a further exercise of that or of any other right, power or remedy.

8.5 This Agreement may be varied by us at any time. Unless otherwise stated, amendments to these terms will be effective upon notifying you of the changes through, or posting the changes on, the suntastic App (including by push notification), website, email or otherwise. You will ensure that you have read, understood and agree to the most recent terms. You agree that your continued use of suntastic represents your agreement to be bound by the most recent terms.

8.6 You will not assign, transfer or otherwise deal with this Agreement or any of your rights or obligations under this Agreement, whether in whole or in part, without our prior written consent.

8.7 This Agreement will be governed by and construed in accordance with the laws of Ireland.

8.8 Should you wish to take any action against us in respect of suntastic and/or this Agreement, you agree that any such action will be commenced only in the Irish courts, which courts will have exclusive jurisdiction over such actions and proceedings.

 

  1. Apple Device Terms (where applicable)

9.1 This clause 9 applies to you only if you use an Apple device (e.g.: iPhone, iPad, iPod Touch) to access suntastic. It does not apply to you if you do not use suntastic on an Apple Device. 9.2 You and us both acknowledge and agree that:

(a) this Agreement is concluded solely between you and us, and not with Apple, and Apple is not responsible for suntastic and the content thereof;

(b) any maintenance or support that may be offered by us in connection with suntastic is solely our responsibility and Apple has no obligation whatsoever to furnish any maintenance and support services with respect to suntastic;

(c) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and request a refund the purchase price (if any) you paid for the App through Apple’s App Store. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to suntastic;

(d) Apple is not responsible for addressing any claims by you or any third party relating to suntastic or your possession and/or use of the App. In the event of any third party claim that the App or your possession and use of it infringes that third party’s intellectual property rights you should contact us as Apple will have no responsibility for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;

(e) Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary;

(f) except as provided in clause 9.2(c), any questions, complaints or claims with respect to suntastic should be directed to us at the following address: support@suntastic.ie.