Breathe Remote Monitor (RM) – App Terms ("Terms")
Effective from: 5th February 2025

PLEASE READ THESE TERMS CAREFULLY
BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DELETE THE APP.
 
1. About the App
1.1 This mobile application (the App) is provided to you by Magic Bullet Limited, 350 Wokingham Road, Earley, Reading, Berkshire RG6 7DE (Magic Bullet, we, us, our). Our company number is 04886771.
1.2 These Terms are an agreement between you (the user) and us for your use of the App on a non-exclusive, non-transferable, revocable basis, and will start when you download the App for the first time.
1.3 We provide this App to allow you to collate the health measures that matter to you and/or your patients in one place to empower and enable personal health management. Data can be collected from a variety of medical and consumer-grade devices, including but not limited to:

• Spirometers for lung function,

• Oximeters for blood oxygen saturation levels,

• Smartwatches for resting heart rate, activity, and sleep,

• Manual entry for weight and temperature.

Self-reported measures can also be recorded for wellness, cough frequency, cold, flu, hay fever, haemoptysis, and interventions. The App does not provide medical advice and is not a substitute for professional healthcare consultations.
1.4 These Terms should be read alongside our App Privacy Policy.
 
 
2. Use of the App
2.1 By using the App, you agree not to: (a) Copy, modify, adapt, decompile, or reverse-engineer all or any part of the App; (b) Infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these Terms); (c) Transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the App; (d) Use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously (e.g., by inserting malicious code such as viruses into the App or any operating system); (e) Use the App in any way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users; (f) Use the App on any device that has been modified (jailbroken or rooted) from its original factory state.
2.2 All claims, damages, and costs (including data and roaming charges) related to your use of the App, information provided by you, breach by you of these Terms, any third-party agreements, and any intellectual property or other rights of any person are your sole responsibility.
2.3 This App requires a smartphone device with a minimum operating system of: (a) Android 8.0 and up; or (b) Apple iOS 13 and up.
2.4 By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware, and peripherals to improve our offering to you.
2.5 You must be at least 16 years of age and resident in the UK to use the App. If you are under the age of 16, your parent or guardian should use the App on your behalf.
2.6 We recommend that you regularly back up any content and data used in connection with the App to avoid potential data loss.
 
3. Suspension of the App
3.1 There may be times when we need to suspend your access to the App, and we will notify you of this. We may block access to the remote monitoring data-sharing function within the App if the wrong login details are repeatedly entered. If this happens, we will provide instructions to restore access.
3.2 We may also need to temporarily suspend access to carry out system updates, improve security, or require you to download the most recent version of the App.
 
4. Location Permission
4.1 Location permission is a requirement for Bluetooth LE functionality and is necessary for the App to connect to your spirometer, oximeter, and other devices. No data regarding your location is recorded or stored by the App.
 
5. Third-Party Websites, Software, or Apps
5.1 The App may offer access to third-party websites, apps, software, or services that are not provided by us (e.g., Garmin, Fitbit, Apple Health). We are not responsible for these, nor have we checked their content. Accessing these third-party services is at your own risk. We recommend reviewing their terms, privacy, and cookie policies before using them.
 
6. No Guarantees
6.1 We provide the App "as is" and cannot guarantee uninterrupted access or that no delays, failures, viruses, or other destructive properties will be transmitted to your device. We take reasonable steps to ensure the App's security, but we are not liable for losses unless caused by our negligence.
6.2 We make reasonable efforts to ensure the accuracy, currency, and completeness of the information in the App, but we do not provide warranties. If you suffer loss or damage due to our failure to take reasonable steps, we will be liable.
6.3 The App is not intended for emergency use. In a medical emergency, users should seek immediate assistance from healthcare providers.
 
7. Our Liability
7.1 We do not exclude or limit our liability where it would be unlawful to do so (e.g., for personal injury caused by our negligence or for fraud).
7.2 We are not responsible if you are unable to access the App due to no or limited WLAN connection or internet connectivity.
7.3 We are not responsible for delays or failures caused by events outside our control (e.g., server outages, cybersecurity breaches).
7.4 We are responsible for damage to your property if digital content supplied via the App damages your device or other digital content. However, we will not be liable if you fail to follow our update instructions.
 
8. Intellectual Property Rights
8.1 All intellectual property rights in the App belong to us (or our licensors) and are licensed to you. You do not have any intellectual property rights in or to the App, except as granted under these Terms.
 
9. Your Data Privacy
9.1 Information about how we process your personal data and your rights under data protection laws is provided in our App Privacy Policy.
9.2 While we follow best security practices, internet transmissions are never completely private or secure. Any message or information sent using the App may be intercepted.
 
10. Termination
10.1 We may terminate your rights to use the App if you breach these Terms.
10.2 If Apple Inc. or Google LLC withdraws the App from their app stores, or if we withdraw the App for legal reasons, we will notify you.
10.3 If you delete the App, this does not necessarily delete all associated data. Please refer to our Privacy Policy for data retention details.
 
11. Changes to These Terms
11.1 We may update these Terms due to legal, regulatory, or feature changes. We will notify you where appropriate. If you object to updated Terms, you should delete the App.
 
12. Governing Law
12.1 These Terms are governed by English law, and you can bring legal proceedings in the courts of England.
For any questions, please contact Contact@magicbullet.co.uk.