This Terms of Service Agreement (Agreement) is a legally binding and valid agreement that, in addition to our Privacy and Security Policy, governs the use of the service (the Service) as provided via the App “Bearable” (the App) available in the Apple App Store and Google Play Store (the Stores).
The Service is provided by BEARABLE Ltd (“Bearable”, “us”, “our”. “we”). Our company is registered in England and Wales. Our company registration number is 12089632 and our registered office is at Elite House, 155 Main Road, Biggin Hill, Kent, England, TN16 3JP. You can contact us as james@bearable.app.
The Agreement controls the relationship between you and BEARABLE Ltd and does not establish any third party beneficiary rights.
You must be at least 16 years old (the “Minimum Age”) to create an account. If you are a parent or guardian of a dependent who is younger than the legal age of majority in your location of residence, you may accept this Agreement on behalf of the minor dependent, but thereby take full responsibility for their use of the Service.
By using the Service, you agree to the Terms of Service.
The Bearable app provides a way to keep track of, and find patterns between, your mood and symptom levels, the amount of medication/supplements you have taken and other customised health factors (e.g. sleep, exercise, diet). We generally offer free basic services and fee-based subscription services that provide additional functionalities.
NOT MEDICAL ADVICE:
You agree that the Service constitutes, in part, a self diagnosis tool to help you find what factors are positively or negatively affecting your health and to keep track of the amount of medication/supplements you have taken, and that if you choose to utilise the service, you are solely responsible for deciding how you act on any patterns you may discover as well as accurately keeping a record of how much medication or supplements you have taken. As such you agree that BEARABLE Ltd is not a healthcare provider, and does not provide you with any actual medical advice.
Any advice or other materials provided through the Service and website (www.bearable.app) are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. PLEASE DO NOT USE “BEARABLE” FOR MEDICAL PURPOSES. IN CASE OF ANY INDIVIDUAL HEALTH ISSUES, CONSULT A MEDICAL PROFESSIONAL.
The Service can be used in the following modes: (i) use subject to creating an account, in such case, data will be stored locally on your device as well as on our servers so that the Service can be used over several devices that are logged in (the Online Service), (ii) use subject to creating an account and subscribing to fee-based additional services (the Subscription Service).
The scope and functionalities of the Service may differ based on the jurisdiction in which you are using the Service. In particular, the Local and/or Online Service may not be available in certain jurisdictions.
Please register and create an individual account in order to access all of Bearable’s free features and functionalities.
In order to use the premium features through our Subscription Service you have to register and create a personal account (the Account).
The process of registration requires explicit consent to this Agreement, including all documents incorporated herein by reference, as well as provision of your email address, other contact information and an individual password according to our password policy. Registration is completed when you confirm your e-mail address. You may opt to create an Account by connecting through your Google or Facebook account.
We are not obliged to accept any registrations and, in our sole determination and discretion, we shall decline the creation of any and all accounts that are intended to disrupt or falsify the Service or that, in fact, do disrupt or falsify the Service.
You are responsible for the security and confidentiality of your password. You are further responsible for all activities exercised on your Account.
As a Bearable user, you are entitled to use the services and content we provide. You may not, however, copy or publish any part of the app or services. By using Bearable, you give us permission to use your anonymous information to improve services for all users.
Subject to your consent to this Agreement and your use of the Service, Bearable hereby grants to you a personal, non-assignable, non-exclusive, limited license (the License) to use the software provided to you as part of the Service (the Software). You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of the Software. You may not reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless expressly permitted or required by applicable law.
The Software may automatically download and install updates and upgrades from time to time without further notice to you. These updates are designed to technically improve and/or enhance the Software and the Service. You agree that we may automatically deliver such updates and upgrades to you as part of your use of the Service.
Using the Service (and/or providing input information) does not give you any legal right, title or interest in the Service or the Software. The Service and the Software are protected by copyright, trademark, intellectual property rights and other applicable laws.
You are solely responsible for and retain ownership of all profile information, data, messages, files or other materials that you create, post, or otherwise add to the Service (“User Content”). Bearable’s use of User Content shall be governed by our Privacy and Security Policy. By creating an Account and using the Service, you accept and agree to the Privacy and Security Policy. Bearable is not in any way liable for your User Content. You are solely responsible for backing up your personal User Content. We assume no liability for the deletion, corruption, or failure to store any User Content maintained or transmitted through your use of the Service other than the liability required by applicable law, particularly with regard to the Subscription Service
You agree not to post, upload, publish, submit, store or transmit any content or User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. You further agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
To use the Bearable app or sign up for a subscription, you must download it or make purchases through respective app stores. Therefore, payments, if any, are made to the operators of those app stores and not to us directly. Consumer rights associated with the purchase must be exercised in relation to the app stores.
The Local Service and the Online Service are available without the requirement of payment. In order to be able to provide the Local Service and the Online Service, we reserve the right to display advertising during your use of the Service (no advertising will be displayed when using the Subscription Service). We may also provide an option to donate via the App enabling your support of our Service.
The Subscription Service is subject to a purchase of the respective options as offered in the App and/or Store (subscription terms are generally offered on a monthly or annual basis). Ordering and payment of the Subscription Service is facilitated via an in-app purchase from the respective Store. The legal relationship associated with the purchase and any consumer or other rights arising therefrom are strictly allocated to the respective Store and not Bearable. When conducting the purchase, recourse is made to the payment options as determined in your user account with the respective Store. The payment and general terms of the respective Store apply. Bearable is not a party to the purchase transaction and hereby disclaims any and all obligation, responsibility and/or liability that may arise as a result of the purchase transaction.
The prices for the Subscription Service quoted in the App include value added tax. Prices for the Subscription Services may differ based on the jurisdiction you are purchasing from.
Free Trial:
Bearable may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Bearable until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Bearable reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Subscription Length:
Our “Monthly” subscription is paid in monthly installments. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
Our “Annual” subscription is paid for by an upfront one-time-a-year payment with automatic annual renewals. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
Fee Changes:
Bearable, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Bearable will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds:
Certain refund requests for Subscriptions may be considered by Bearable on a case-by-case basis and granted in sole discretion of Bearable.
WE DO NOT ASSUME ANY GUARANTEE OR SPECIFIC LIABILITY AS TO THE SERVICE AND WITH REGARD TO THE PURPOSE OF YOUR USE. IN PARTICULAR, WE ARE NOT RESPONSIBLE IF CONSUMERS USE THE SERVICE FOR MEDICAL PURPOSES WHICH CONTRADICT THE EXPLICIT INTENTION OF OUR SERVICES.
BEARABLE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR YOUR USE OF THE SERVICE FOR MEDICAL PURPOSES OR ANY OTHER PURPOSE THAT IS AGAINST THE INTENDED USE OF THE SERVICE.
Product descriptions shall not be deemed guaranteed unless separately agreed in writing. We do not warrant that the Service can be used to achieve particular interests or that the output of the Service is complete and accurate. Rather, the Service shall only represent a tool that helps track and monitor according to the information provided by you.
Provided we are liable for damages caused by the Service according to applicable law, liability shall be limited as follows and the limitation shall also apply to our representatives. In the event of breaches of contract and corresponding liability caused by simple negligence it shall be limited to the typical average direct damages that were foreseeable at the time of concluding the contract. Neither we nor our legal representatives or agents assume any liability for breaches of non-essential contractual obligations arising from simple negligence; i.e. such obligations that are not required to perform the Service or this Agreement. The aforementioned limitations of liability do not affect any claims you raise under product liability law or a separate guarantee. For gross negligence and intentionally caused damages liability shall be unlimited. Further, the aforementioned limitations of liability do not apply to damages relating to life, limb and health attributable to us.
Please read our Privacy Policy to learn about the use of your personal data related to Bearable.
We take your privacy and data protection very seriously. We share and/or analyze your personal information only in the limited scenarios and for the limited purposes as explained in our Privacy and Policy available at http://bearable.app/privacy-policy/
By using the Service, you agree to the collection and use of personal information in accordance with our Privacy Policy.
We may vary these Terms and Conditions from time to time. You are advised to regularly check these Terms and Conditions for any such variation and note the date set out at the top of this page on which these Terms and Conditions were last updated. The amended Terms and Conditions will take effect on the date on which we publish any variation through the Bearable app and Services. If you do not agree with the amended Terms and Conditions then you have the right to stop using the Bearable app and Services, and should do so immediately. Your continued use of the Bearable app and Services after the date the changes have been posted will constitute acceptance of the amended Terms and Conditions.
Section headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions
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 by email if this happens and we will ensure that the transfer will not affect your rights under the contract. You may terminate this contract in the way described above, if you do not like the transfer.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not consent if we believe that a transfer is unwise because the Plan is so closely linked to you and relate to your personal data.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract 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.
No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions shall be interpreted by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and remain enforceable between you and us.
We are an independent service provider for all purposes when carrying out our obligations under these Terms and Conditions. Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any other kind of legal relationship including partnership, agency, trustee, fiduciary duty, joint venture or any other form of legal association between us.
Notwithstanding any other provision in these Terms and Conditions, a person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce these Terms and Conditions.
These Terms and Conditions constitute the entire agreement as to its subject matter and supersede and extinguish all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by English law. You and we both agree that the courts of England and Wales shall have non-exclusive jurisdiction.
Nothing in these Terms and Conditions seeks to limit any mandatory rights that you may have as a consumer in your own jurisdiction or seek to prevent you from raising any claim in any court which you are entitled due to your status as a consumer.
Questions or comments about the Service or these Terms may be directed to us at the email address james@bearable.app.
