YooToo (YooToo or “we”) provides an online service to help organise, store, and manage information related to your care or the care of your friends and relatives (the "YooToo Services") through our website, accessible at https://app.yootoo.io, or via the iOS or Android applications (known collectively as the “Site”). Please read carefully the following Terms & Conditions (“Terms”) and our Privacy Policy. These Terms govern your access to and use of the YooToo Services and Collective Content via the Site and constitute a binding legal agreement between you and YooToo.

You acknowledge and agree that, by downloading the App from the App or Play Stores, or by ticking the “I accept the Terms & Conditions and Privacy Policy” box upon registration you are indicating that you have read, understand and agree to be bound by these Terms whether or not you have registered via the Site. If you do not agree to these Terms, then you have no right to access or use the Site or YooToo Services.

Operating System Requirements

• iPhone and iPad (iOS version 10.0 and above)*
• AAndroid devices (version 5 and above)*
• Most modern web browsers (home computers, laptops, smartphones, tablets, etc.) at https://app.yootoo.io

*The App is downloadable at no charge.

MEDICAL ADVICE IS NOT AVAILABLE:

As is mentioned at the top of this document, we do not provide any medical or pharmaceutical advice. We are not health care providers and as a result, the YooToo Service is not intended to provide medical or pharmaceutical information or replace the advice of a healthcare professional. The YooToo Service has been built to support, not replace, the relationship that exists with any physician, pharmacist and other healthcare professionals.

Please also note that while we provide facilities to support the scheduling of medication in YooToo, we rely entirely on users to ensure that medication schedules have been entered properly and are correct. We accept no responsibility or liability for incorrect entry of medication information in the YooToo system so please ensure that you check medication entries when prompted to do so.

Acknowledgements

From time to time updates to the App may be issued through YooToo or an Appstore. Depending on the update, you may not be able to use it until you have downloaded the latest version of the App and accepted any new terms.

You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these Terms of Use for the use of the App or any other part of the YooToo Service on or in relation to any Device, whether or not it is owned by you.

The terms of our privacy policy from time to time apply to YooToo. Additionally, by using the YooToo Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the YooToo Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

By using the YooToo Service, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for the YooToo Service that are internet-based or wireless to improve the YooToo Service.

Grant and scope of licence

In consideration of you agreeing to abide by these Terms of Use, we grant you a non-transferable, non-exclusive licence to use the YooToo Service and the App on the Devices, subject to these Terms of Use, the Privacy Policy and rules of any Appstore, which are incorporated into these Terms of Use by reference. We reserve all other rights.

You may, for your personal purposes only:

• Download a copy of the App and view, use and display the App on any of the following devices:

1. iPhone
2. Android devices
3. iPad

• Use the YooToo Service through the Website (subject to your web browser permitting access); and
• You warrant that you have the legal right and capacity to enter into and comply with these Terms of Use in your jurisdiction.

Licence restrictions for the App

Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:

• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
• not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
• not to copy the App, except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
• not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

1. is used only for the purpose of achieving inter-operability of the App with another software program;
2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
3. is not used to create any software that is substantially similar to the App;

• to include our copyright notice on all entire and partial copies you make of the App on any medium;
• not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
• to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any service provided through the App (“Technology”).

Acceptable use restrictions

You must:

• not use the YooToo Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the YooToo Service or any operating system, or by interfering with or disrupting the YooToo Service or servers or networks connected to the YooToo Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
• not create accounts with the env('YOO_TOO') Service by using an automated device, script, bot, spider, crawler or scraper;
• not change, modify, adapt or alter the env('YOO_TOO') Service or change, modify or alter another website so as to falsely imply that it is associated with the YooToo Service;
• not infringe our intellectual property rights or those of any third party in relation to your use of the YooToo Service;
• not transmit, or allow to be transmitted, any material that is defamatory, offensive or otherwise objectionable in relation to your use of the YooToo Service;
• not transmit, or allow to be transmitted, any material that is violent, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the YooToo Service;
• not bully, abuse, harass, threaten or intimidate people or entities via the YooToo Service; not use the env('YOO_TOO') Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from the YooToo Service or our systems or attempt to decipher any transmissions to or from the servers running the YooToo Service.

You acknowledge that the YooToo Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the YooToo Service (in particular the App) meets your requirements.

We only supply the App and other parts of the YooToo Service for domestic and private use. You agree not to use the YooToo Service for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

By accessing or using the YooToo Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use it.

User Content conditions

You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, applications, links and other content or materials (collectively, "User Content") that you submit, post or display on or via the YooToo Service. You must comply with all laws, rules and regulations applicable to your use of the YooToo Service and your User Content.

YooToo cannot and will not be responsible for any User Content posted on or via the YooToo Service by you or other YooToo users.

You represent and warrant that: (i) you own the User Content posted by you on or through the YooToo Service or otherwise have the right to post such content; (ii) the posting and use of your User Content on or through the YooToo Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the YooToo Service.

You agree that YooToo is not responsible for, and does not endorse, User Content posted within the YooToo Service. YooToo does not pre-screen, monitor, edit, or remove any User Content. If your User Content violates these Terms of Use, you may bear legal responsibility for that User Content.

We may, but have no obligation to, remove, edit, block, and/or monitor User Content or accounts containing User Content that comes to our attention and we determine, at our sole discretion, violates these Terms of Use.

Please be aware that if you know of any User Content which contains materials that breach these Terms of Use or are objectionable in any way please let us know at support@yootoo.io.

The YooToo Service does not include a backup service and you agree that you will not rely on the YooToo Service for the purposes of User Content backup or storage. YooToo will not be liable to you for the loss of any User Content, whether as a result of termination of access to your account or otherwise.

Accounts

You must not create accounts with the YooToo Service through unauthorised means.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account username, or any account rights. You agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to YooToo upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You agree that you will not solicit, collect or use the login credentials of other YooToo users.

You are responsible for keeping your password secret and secure.

We reserve the right to impose forfeiture of any username for any reason.

Termination of the YooToo Service

We may terminate this Agreement immediately by written notice to you:

• if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
• if you breach any of the Licence restrictions for the App, the Acceptable use restrictions or the User Content conditions; or
• if we discontinue the App or other part of the YooToo Service, or lose any relevant rights required to provide the YooToo Service, or provision of the App or other part of the YooToo Service becomes unlawful.

We reserve the right to suspend or stop providing all or part of the YooToo Service to you at any time if, in our opinion, you violate the letter or spirit of these Terms of Use, or otherwise create a risk or possible legal exposure for YooToo or their respective names or reputations.

On termination of this Agreement:

• all licences and rights granted to you under these Terms of Use shall cease (including your right to use the App);
• you must immediately cease all activities authorised by these Terms of Use, including your use of the YooToo Service; and
• you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.

Please be aware that YooToo will not be liable to you for any modification, suspension, or discontinuation of the YooToo Service.

Linked sites

There may be links from the YooToo Service, or from communications you receive from the YooToo Service, to third-party web sites or features. Functionality on the YooToo Service may also permit interactions between the YooToo Service and a third-party web site or feature.

YooToo does not control any of these third-party websites, any services or products offered through them or any of their content. You expressly acknowledge and agree that YooToo is in no way responsible or liable for any such third-party websites, services or features.

Intellectual property rights

You acknowledge that all intellectual property rights in the YooToo Service (including the App, the Documents and the Technology) anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents, the Technology or any other part of the YooToo Service other than the right to use the YooToo Service in accordance with these Terms of Use.

You acknowledge that you have no right to have access to the App in source-code form.

The YooToo name and logo are trademarks of YooToo, and may not be copied, imitated or used, in whole or in part, without the prior written permission of YooToo. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of YooToo, and may not be copied, imitated or used, in whole or in part, without prior written permission from YooToo.

Availability of YooToo

Although it is the intention of YooToo to be as available as possible, there may be occasions when the YooToo may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We cannot guarantee that the YooToo Service will operate continuously or without interruptions or be error free and we can accept no liability for its unavailability.

Other users

You are solely responsible for your interaction with other users of the YooToo Service. You agree that YooToo is not responsible or liable for the conduct of any user. Exercise common sense and your best judgment when interacting with others, including when you submit or post User Content or any personal or other information.

Eligibility

The YooToo Services are intended solely for persons who are 13 or older. Any access to or use of the YooToo Services by anyone under 13 is expressly prohibited. By accessing or using the YooToo Services you represent and warrant that you are 13 or older.

Privacy

Please see YooToo's Privacy Policy for information and notices concerning YooToo's' collection and use of your personal information and the Profile Content you submit.

Disclaimers of Warranties

(Please pay particular attention to this clause).

The YooToo Service is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither YooToo nor any of its employees, managers, officers or agents (collectively, the "YooToo Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the YooToo Service (including the Website, the App and the Documents); (b) the User Content; or (c) security associated with the transmission of information to or via the YooToo Service.

To the fullest extent permissible by law, the YooToo Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus, in relation to the YooToo Service.

The YooToo Parties do not represent or warrant that the YooToo Service will be error-free or uninterrupted; that defects will be corrected; or that the YooToo's Service or the server that makes the YooToo Service available is free from any harmful components, including, without limitation, viruses. The YooToo parties do not make any representations or warranties that the information (including any instructions) on the YooToo Service is accurate, complete, or useful.

You acknowledge that your use of the YooToo Service is at your sole risk. The YooToo Parties do not warrant that your use of the YooToo Service is lawful in any particular jurisdiction, and specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms of Use.

The YooToo Parties do not endorse User Content and, to the fullest extent permissible by law, specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content.

Limitation of Liability

(Please pay particular attention to this clause).

Nothing in these Terms of Use shall limit or exclude our liability for:

• death or personal injury resulting from our negligence;
• fraud or fraudulent misrepresentation; and
• any other liability that cannot be excluded or limited by Scottish law.

To the fullest extent permissible by law, we accept no liability for:

• any indirect or consequential loss or damage arising in connection with your use of the YooToo Service including incorrect entry of medication information; or
• any loss of or damage to data (including Patient Data), loss of profit, loss of revenue or loss of business, loss of opportunity, whether direct or indirect in each case, however caused, even if foreseeable.

The loss or damage referred to above include any related to the YooToo Service

1. the User Content
2. your use of, inability to use, or the performance of the YooToo Service
3. the Patient Data
4. any action taken in connection with an investigation by the parties or law enforcement authorities regarding your or any other party’s use of the YooToo Service
5. any action taken in connection with copyright or other intellectual property owners
6. any errors or omissions in the YooToo Service’s operation
7. any action by an App Store or Play Store to remove or refuse to process certain information or content
8. any damage to any user’s computer, device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

If we are liable to you for any reason, our liability will be limited to £100. You are responsible for ensuring that your Device meets all relevant technical specifications necessary to use the App. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Website or App Store’s websites will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

Changes to these Terms of Use

We reserve the right, at our sole discretion, to change these Terms of Use from time to time. Unless we make a change for legal or administrative reasons, we will endeavour to provide reasonable advance notice before the updated Terms of Use become effective. You agree that we may notify you of the Updated Terms by posting them on the YooToo Service, and that your use of the YooToo Service after the effective date of the updated Terms of Use (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated Terms of Use.

The updated Terms of Use may be displayed on-screen and you may be required to read and accept them to continue your use of the YooToo Service. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in them, and will apply to your use of the YooToo Service from that point forward. If you do not agree to the updated Terms of Use, you are not permitted to continue to use the App or any other part of the YooToo Service.

You should review these Terms of Use regularly (as these may be updated from time to time) to ensure that your continued use of the YooToo Service is compliant.

General

These Terms of Use, its subject matter and its formation, are governed by Scottish law. The courts of Scotland will have non-exclusive jurisdiction.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms of Use were written in English (UK). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use. You may only transfer your rights or obligations under these Terms of Use to another person if we agree in writing.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by YooToo: (i) via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the YooToo Services (“Feedback”). You may submit Feedback by emailing us at support@yootoo.io or by post to Ember Technology Ltd, 8 Pentland House, Glenrothes, KY6 2AH.

If we have to contact you or give you notice in writing, we will do so by email or by post to the address you provide to us.

Last Updated Date: 14th April, 2020

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