Terms of service

ABOUT UNBOUND LIVING TECHNOLOGIES LTD

1.1 The Platform is provided by Unbound Living Technologies Ltd (Company Number 15863801), a company incorporated under the Companies Act 2006 as a private company, limited by shares and the situation of its registered office is in England and Wales.

INTERPRETATION

2.1 In these Terms, the following words have the meanings given below:

• “Third Party Content” means any content uploaded to the Platform by another user that is not you;
• “Services” means the services that Unbound Living Technologies Ltd provides through the Platform to help you track, manage, and share information related to your well-being;
• “Your Content” refers to the content you upload as detailed in section 9.1.

HOW TO CONTACT US

3.1 You can contact us by email at: enquiries@unbound.living.

HOW WE WILL CONTACT YOU

4.1 We will mainly contact you by sending notifications to your device.

4.2 We may also contact you by email using the details you provided when creating your account. You must notify us as soon as possible if any of your details change.

YOUR ACCOUNT AND PASSWORD

5.1 You must be 18 or older to create an account with us.

5.2 You may use the Platform for personal use only and not for any commercial purpose, unless Unbound Living Technologies Ltd has given prior written consent.

5.3 You must provide accurate and complete information when creating your account and keep your account information updated. We may suspend or terminate your account and access to the Platform if any information provided is not accurate or current.

5.4 You are responsible for maintaining the confidentiality of your account details, including passwords. You authorize us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.

5.5 You must contact us immediately if you believe your account has been compromised or if the security of your account is at risk.

5.6 You are responsible for all activity under your account even if someone else uses your account.

THE SERVICES

6.1 Once you have created your account, you can access the Services by obtaining a membership. This involves applying to join the wait list, being accepted and then paying the relevant subscription fee. A description of the features associated with the relevant membership is available via the Platform.

6.2 Unless specifically stated otherwise, any new features, services or software applications introduced shall be subject to these Terms.

SUBSCRIPTIONS

7.1 Subject to availability, you may purchase membership as a monthly or yearly subscription (“Subscription”).

7.2 The following conditions apply to Subscriptions:

• Payment:
  • You must pay for membership upfront in full at the beginning of your Subscription.
  • We do not collect or store any of your payment information. Payment of subscription fees is managed by Apple.
  • When you purchase a Subscription, the sale is final and we will not be able to provide a refund. Your purchase will be subject to Apple’s applicable payment policy.
• Renewal:
  • Unless you cancel your Subscription, it will automatically renew at the end of the Subscription period for the same period of time as the initial Subscription and you will be charged in full for the renewed Subscription.
• Cancellation:
  • You may cancel your Subscription by using the “Subscriptions” function in your phone’s settings and also linked from the Platform.
  • You are not entitled to a pro-rated refund if you choose to cancel your Subscription before it expires. You will continue to have access to the membership you have purchased for the remainder of the Subscription, unless you choose to delete the Platform.
  • You must cancel your Subscription before it renews to avoid being charged the subscription fee for the next payment period.
• Cooling off:
  • Under applicable consumer protection law, you may have the right to change your mind about a Subscription within 14 days of purchasing it, provided you have not received any membership under it. This is known as the “cooling off period”.
  • You do not have a right to receive a full refund if you have started to receive the membership within the 14-day cooling off period, provided you have been told and acknowledged this. By agreeing to these Terms, you have done both. Once you have signed up for a Subscription you will automatically be given access to the relevant membership and you cannot rely on your right to cancel and receive a refund.

YOUR RIGHT TO USE THE UNBOUND LIVING TECHNOLOGIES LTD SERVICE

8.1 We grant you a limited, non-exclusive, non-transferable license to install and use the Platform on your mobile device for the purposes of accessing and using the Platform and the Services.

8.2 All intellectual property in the Platform (including the screen displays, the content, the text, graphics, and look and feel of the Platform) belongs to us or our licensors. All trademarks, service marks, company names, or logos are the property of their respective holders. Any use by you of these marks, names, and logos may constitute an infringement of the holders' rights. We do not warrant that the Platform does not infringe any intellectual property rights of third parties.

8.3 In the event of any claim that the Platform or your possession and lawful use of the Platform infringes a third party’s intellectual property rights, we will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.

8.4 You may not reproduce, republish, transmit or distribute any material, information, or content on the Platform, or that form part of our Services, without our prior written consent. We reserve the right, in our sole discretion and without notice to you, to terminate your license and to prevent future access by you to the Platform.

8.5 When using the Platform, you may not:

• Circumvent, disable or otherwise interfere with any security-related features of the Platform;
• Permit another person to use the Platform on your behalf unless such person is authorized by you;
• Use the Platform if we have suspended or banned you from using it;
• Use the Platform in any way that breaches any applicable local, national or international law or regulation;
• Upload or share content that:some text
  • Is pornographic or indecent, or that contains extreme acts of violence or terrorist activity, including terror propaganda;
  • Is harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive;
  • Violates the privacy or other rights of third parties;
  • Advocates bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability or impairment;
• Advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, or conduct that causes damage or injury to any person;
• Modify, interfere with, intercept, disrupt or hack the Platform;
• Misuse the Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Platform or any user’s own equipment;
• Collect any data from the Platform other than in accordance with these Terms; or
• Use any automated system including, without limitation, “robots”, “spiders” or “offline readers” to access the Platform in a manner that sends more request messages to the Platform than a human can reasonably produce in the same amount of time.

8.6 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and may result in us taking all or any of the following actions (with or without notice):

• Immediate, temporary or permanent withdrawal of your right to use the Unbound Living Technologies Ltd Service;
• Removal of Your Content;
• Issuing a warning to you; or
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

8.7 The responses described above are not limited and we may take any other action we reasonably deem appropriate.

8.8 We reserve the right, in our sole discretion and without notice to you, to terminate your access and to prevent future access by you to the Platform.

YOUR CONTENT

9.2 You must not upload or share content using the Platform unless you have the right to do so.

9.3 We are not responsible for Your Content or any Third Party Content accessible on the Platform. You will reimburse Unbound Living Technologies Ltd for any liability it incurs in connection with any third-party claim relating to Your Content.

9.4 Unbound Living Technologies Ltd may, in its sole discretion, remove any of Your Content from the Services.

9.5 Any person may contact us at enquiries@unbound.living to make us aware that Your Content may infringe their rights or our Rules of Acceptable Use.

WE DO NOT PROVIDE MEDICAL ADVICE

10.1 The Services are designed to allow you to track, manage, and share your wellness-related information. Any material we provide through the Platform or resulting from your use of the Services, including any recommendations or suggestions, is for informational and educational purposes only and does not constitute medical advice, diagnosis, and/or treatment.

10.2 Certain Services we provide through the Platform offer information based on the data you enter. They do not diagnose your health condition or make treatment recommendations for you. You should seek appropriate medical advice before taking any action that may impact your health.

10.3 Unbound Living Technologies Ltd does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Platform.

10.4 The Services we provide are not a substitute for a doctor or other healthcare professional. You should not take or stop taking any action (such as taking medicines) based on any information obtained from our Services. We make no warranties regarding the output or results of our Services.

NO WARRANTY

11.1 WE PROVIDE THE PLATFORM ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, DEPENDING ON YOUR COUNTRY OF RESIDENCE.

11.2 We do not guarantee that the Platform will always be available or uninterrupted.

11.3 You agree that your use of the Platform is at your own risk.

11.4 We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.

YOUR PRIVACY

12.1 We need to collect certain personal information from you to provide you with the Services we make available through the Platform.

CANCELLATION BY US

13.1 If you are accessing the Services for free, we may close your account and/or prevent your access to and use of the Services or the Platform at any time by providing you one month’s notice without liability to you.

13.2 If you have purchased Premium Services under a Subscription, we may terminate your Subscription, close your account, and/or prevent your access to and use of the Services or Platform with immediate effect if:

• You breach, or we suspect you are in breach of, the Rules of Acceptable Use set out in section 8.5 above;
• We suspect that you are doing something illegal;
• Any fees due under these Terms are outstanding for thirty (30) days from the due date; or
• In our reasonable opinion, the security or integrity of the Platform or Services has been, or may be, compromised or is otherwise at risk.

OUR RESPONSIBILITY TO YOU

14.1 If the Platform and/or Services fail to meet the standards required by applicable law (for example, if the Platform is faulty), please contact Apple for information as to any refund you may be entitled to.

14.2 Unbound Living Technologies Ltd shall only be liable under these Terms for losses that are reasonably foreseeable and caused by Unbound Living Technologies Ltd's breach of these Terms or Unbound Living Technologies Ltd's negligence.

14.3 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

14.4 In any event, our maximum aggregate liability to you concerning the Platform and the Services (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) shall in no circumstances exceed the sum of one hundred great british pounds (£100).

14.5 Nothing in these Terms excludes any statutory rights which may apply to your use of the Platform and associated Services which cannot be excluded, restricted, or modified by contract.

14.6 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.

FAILURES TO NETWORKS OR HARDWARE

Although we have taken all reasonable care to ensure that the features and functionalities provided on the Platform are of a reasonably satisfactory standard, certain features may rely on your device or networks and connections that are beyond our control. We shall therefore not be liable or responsible for any failure to perform, or delay in performance, of any of our obligations to you which is caused by events outside our reasonable control.

UPDATES TO THE PLATFORM

16.1 From time to time, we may automatically update the Platform to improve performance, enhance functionality, reflect changes to our products or regulations, or address security issues. Alternatively, we may ask you to update the Platform for these reasons.

16.2 If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the Platform.

CHANGES TO THESE TERMS

17.1 We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the Platform and, where appropriate, notified to you by email. By continuing to use and access the Platform following such changes, you agree to be bound by any changes we make. Please review this page frequently to see any updates or changes to these Terms.

17.2 The latest version of these Terms will always be available on the Platform.

VIRUSES

While we take all reasonable precautions to keep the Platform free from viruses, corrupt files, and other malicious software, we cannot guarantee this. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device.

THIRD PARTY LINKS

The Platform may contain links to third-party websites or resources. Unbound Living Technologies Ltd provides these links and resources only as a convenience and is not responsible for the content, products, or services on or available from those websites or in those resources, the links displayed on such websites, or the privacy practices of such websites. We recommend that you read and consider these websites’ privacy policies and terms and conditions before providing any of your personal information.

APPLE APP STORE REQUIREMENTS

20.1 These Terms are between you and us only and not between you and Apple, Inc (“Apple”). Apple has no responsibility for the Platform or content thereof. Your use of the Platform must comply with the App Store Terms of Service.

20.2 Apple has no obligation to furnish any maintenance and support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the Platform to you. To the maximum extent permitted by law, Apple will have no warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Unbound Living Technologies Ltd as provider of the Platform.

20.3 You acknowledge and agree that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to:

• Product liability claims;
• Any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and
• Claims arising under consumer protection or similar legislation, and all such claims are governed by these Terms and any law applicable to Unbound Living Technologies Ltd as the provider of the Platform.

20.4 You acknowledge that, in the event of any third-party claim that the Platform or your use of the Platform infringes a third party’s intellectual property rights, Unbound Living Technologies Ltd, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.

20.5 You represent and warrant that you are not located in a country that is subject to US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties.

20.6 Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms as related to your licence of the Platform against you.

COMPLAINTS

21.1 If you have a complaint or dispute with us relating to the Services, in the first instance, please contact us via enquiries@unbound.living  and we will attempt to resolve the complaint or dispute informally.

21.2 If we are unable to resolve your complaint or dispute with you informally, we will suggest an appropriate consumer-focused mediation or arbitration dispute resolution service based on the nature of the complaint or dispute and your location.

21.3 While you are under no obligation to resolve your complaint or dispute using this service, we hope that you will use this service as we consider it the most cost-effective and appropriate way to resolve complaints and disputes with our users.

LEGAL STUFF

22.1 The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.

22.2 These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.

22.3 We may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

22.4 Any failure by us to enforce any of these Terms shall not be a waiver of them or limit the right to subsequently enforce any of these Terms.

22.5 These Terms shall be governed and construed in accordance with English law. However, this does not exclude any mandatory legal rights you may have in your country of residence, where we are not allowed to exclude such rights as a matter of law. The English courts will have jurisdiction, but this does not affect your ability to make a claim in your country of residence where you have this right.