TAHORA END USER AGREEMENT

These terms set out the basis on which we license you to use the Tahora mobile application software and the related services (together referred to in these terms as the Tahora App). By clicking on the "accept" button you agree to these terms which will bind you.

Your employer has invited you to access the Tahora App in relation to your employment by them. You must not forward your link to the Tahora App or share your access to the Tahora App with any third party.

This document includes the User Terms and Conditions as well as the privacy policy (found at the end of the document).

About us 

We, Tahora Ltd (company number 12430540, registered office 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ) are the creators of the Tahora App. 

Your privacy

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice below.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Tahora App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Contact 

Contact us. If you need to contact us for any reason please email our customer service team at hello@tahora.com.

How we will communicate with you. If we need to contact you we will do so by email using the contact details provided to us.

Your use of the Tahora App

You must be 16 or over to accept these terms and use the Tahora App. You may not transfer your access to the Tahora App to someone else. If you sell or transfer any device on which the Tahora App is installed, you must remove the Tahora App from it.

You agree that you will:

• configure your devices to access the Tahora App and will use your own virus protection software;
• not rent, lease, sub-license, loan, provide, or otherwise make available, the Tahora App or any part of it in any form, in whole or in part to any person without prior written consent from us;
• not copy the Tahora App or any part of it, except as part of the normal use of the Tahora App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the Tahora App, nor permit the Tahora App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Tahora App on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Tahora App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Tahora App to obtain the information necessary to create an independent program that can be operated with the Tahora App or with another program (‘Permitted Objective’), and provided that the information obtained by you during such activities:
  - is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; 
  - is not used to create any software that is substantially similar in its expression to the Tahora App; and 
  - is kept secure and is used only for the Permitted Objective;
  
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Tahora App or any part of it; 
• not establish any link to the Tahora App from any website or suggest any form of association, approval or endorsement on our part where none exists.

Acceptable use

You must not:

• use the Tahora App or any part of it in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Tahora App or any operating system;
• infringe our intellectual property rights or those of any third party in relation to your use of the Tahora App, including by the submission of any material (to the extent that such use is not licensed by these terms);
• use the Tahora App or any part of it in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 
• collect or harvest any information or data from the Tahora App or our systems or attempt to decipher any transmissions to or from the servers running any part of the Tahora App.

You must keep your account details safe

If you choose, or you are provided with, a user identification code or other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or other security information, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

If you know or suspect that anyone other than you knows your user identification code or other security information, you must promptly notify us at hello@tahora.com.

Changes to these terms

We may need to change these terms at any time to reflect changes in law or best practice, to deal with additional features which we introduce or for any other reason. We will notify you of a change when you next start the Tahora App. If you do not accept the notified changes you will not be permitted to continue to use the Tahora App.

Updates to the Tahora App 

From time to time we may automatically update the Tahora App to improve performance, enhance functionality, reflect changes to the operating system, address security issues or for any other reason. Alternatively we may ask you to update the Tahora App for these reasons. 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 Tahora App.

If you download or stream the Tahora App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device

By using the Tahora App or any part of it, you agree to us collecting and using technical information about the devices you use the Tahora App on and related software, hardware and peripherals to improve our products and to provide any services to you.

We may collect location data (but you can turn location services off)

Certain services on the Tahora App will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the Tahora App on the device. If you use these services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. 

You may also provide location data as part of the information you input when using the Tahora App. Where you provide this information, you can update or delete this information via the Tahora App. 

We are not responsible for other websites you link to

The Tahora App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to the Tahora App, or to make contact with other users of the Tahora App, you must comply with the content standards found below.

You agree that any such contribution will comply with those standards and you will be responsible for any loss or damage we suffer as a result of your failure to comply with those standards.

Any content you upload to the Tahora App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by uploading content you grant us and other users of the Tahora App an ongoing, worldwide, non-exclusive, royalty-free, irrevocable, transferable, sub-licensable licence to use, store, copy, modify, adapt, change, reproduce, distribute, prepare derivative works of, display and perform that content and to make it available to third parties both with or without attributing that content to you. You consent to any act or omission which would otherwise constitute an infringement of your moral rights to your content.

You acknowledge that any content which you upload to the Tahora App is public and may be shared with third parties, including employers or others, and we are not responsible for how third parties use this information. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Tahora App constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on the Tahora App at any time and for any reason including, by way of example if, in our opinion, your post does not comply with the content standards set out in these terms or if we are asked to do so by your employer or any third party.

If we become aware that any material you contribute to the Tahora App does not comply with our content standards, we may notify your employer and provide them with a copy of that material and other information in relation to that non-compliance.

Content standards 

The following content standards apply to any and all material which you contribute to the Tahora App or any part of it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Your contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.

Your contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Contain financial, legal, medical or other professional advice.
• Promote sexually explicit material, violence or any illegal activity. 
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright or other intellectual property rights of any other person.
• Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us at hello@tahora.com or via the Tahora App.

Intellectual property rights

All intellectual property rights in the Tahora App throughout the world belong to us (or our licensors) and the rights in the Tahora App are licensed (not sold) to you. You have no intellectual property rights in, or to, the Tahora App other than the right to use them in accordance with these terms and the rights in the content which you provide as described in these terms.

You may print off one copy, and may download extracts, of any page(s) from the Tahora App for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status as the authors of content on the Tahora App must always be acknowledged.

You must not use any part of the content on the Tahora App for commercial purposes without obtaining a licence to do so from us or our licensors.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but 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.

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.

We do not guarantee that the Tahora App will be secure or free from bugs or viruses. If defective digital content that we have supplied as a result of our negligence damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice maintain virus protection software or to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

The Tahora App is provided for personal use. If you use the Tahora App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the Tahora App 

The Tahora App is provided for general information purposes and has not been developed to meet your individual requirements. It does not offer advice (including but not limited to, medical advice) on which you should rely. You must obtain professional, medical or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Tahora App. Although we make reasonable efforts to update the information provided by the Tahora App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

We are not responsible for any opinion, advice, information or statement made or displayed in any Tahora App forums by any users and we are not responsible for any errors or omissions in such postings, or for links embedded in any messages. The opinions expressed in any Tahora App forums are solely the opinions of the participants and do not reflect the opinions of us or our employees or affiliates.

Your employer is not responsible for the Tahora App

Your access to the Tahora App is sponsored by your employer but your employer is not responsible for the provision of the Tahora App or your use of it and your access to the Tahora App is not an employee benefit or a condition of your employment. 

Please back-up content and data used with the Tahora App 

We recommend that you back up any content and data used in connection with the Tahora App, to protect yourself in case of problems with the Tahora App.

Events outside our control

If our provision of the Tahora App or any part of it is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay but will not be liable for delays caused by the event  

Terminating your access to the Tahora App 

We may terminate your right to access to the Tahora App at any time by contacting you if: 

• You cease to be employed by the employer who sponsored your access to the Tahora App; 
• Your employer ceases to sponsor your use of the Tahora App; 
• You fail to comply with these terms; 
• We decide to cease the provision of the Tahora App for any reason. 

If we terminate your right to access the Tahora App for any reason:

• You must stop all activities authorised by these terms, including your use of the Tahora App.
• You must delete or remove the Tahora App from all devices in your possession and immediately destroy all copies of the Tahora App which you have and confirm to us that you have done this.
• We may remotely access your devices and remove the Tahora App from them and cease providing you with access to the Tahora App.
• We may (but are not obliged to) remove your profile and any content you have contributed from the Tahora App. 

We may transfer this agreement to someone else

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

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of these terms illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this agreement, we can still enforce it later

Even if we delay in enforcing these terms, we can still enforce them at a later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this agreement and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Mobile App Store Terms 

If you access the Tahora App on a mobile device, you are responsible for any data charges by your mobile carrier. When you download the Tahora App you will also be subject to any terms imposed by the store through which you obtain the Tahora App (for example, the Apple App Store or Google Play Store) and you must comply with those terms.

Apple App Store Disclaimer 

Where you access the Tahora App via the Apple App Store the following terms will apply in addition to those set out above:

• You and we acknowledge that these terms are concluded between you and us, and not with Apple, and that Apple is not responsible for the Tahora App or the content thereof. 
• You agree to comply with the Usage Rules set forth in the App Store Terms.
• You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Tahora App.
• In the event of any failure of the Tahora App to conform to any warranty set out in these terms, you may notify Apple, and Apple will refund to you the purchase price (if any) paid by you for the Tahora App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Tahora App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility and not the responsibility of Apple.
• You and we acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the Tahora App or your possession and/or use of the Tahora App, including, but not limited to: (i) product liability claims; (ii) any claim that the Tahora App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Tahora App’s use of the HealthKit and HomeKit frameworks (where applicable). 
• You and we acknowledge that, in the event of any third party claim that the Tahora App or your possession and use of the Tahora App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms, and that, upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.

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