Terms Of Use

Effective from: 9 March 2021

PLEASE READ THESE TERMS CAREFULLY

BY USING THE PORTAL YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE PORTAL.

1. About the Portal

  • 1.1 The Breathe Remote Monitor (RM) care team portal and dashboard (the Portal) are 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 Portal, on a non-exclusive, non-transferable, revocable basis, and will start when you access the Portal for the first time.
  • 1.3 We provide this Portal to allow you to view health measures for your patients in one place to enable health management and support clinical decision making. Data can be collected from a variety of medical and consumer grade devices.
  • 1.4 These Terms should be read alongside our Clinician Privacy Policy available [here].

2. Use of the Portal

  • 2.1 By using the Portal, you agree not to:
    • (a) copy, modify, adapt, decompile or reverse-engineer all or any part of the Portal;
    • (b) infringe our intellectual property rights or those of any third party in relation to your use of the Portal (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 Portal;
    • (d) use the Portal 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 Portal or any operating system;
    • (e) use the Portal in any way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
    • (f) use the Portal on any device that has been modified (jail-broken or rooted) from its original factory state.
  • 2.2 All claims, damages and costs related to your use of the Portal, information provided by you, breach by you of these Terms, any third party agreements, and any intellectual property or other right of any person, are your sole responsibility.
  • 2.3 By using the Portal, you agree to us collecting and using technical information about the devices you use the Portal on and related software, hardware and peripherals to improve our offering to you.

3. Suspension of the Portal

  • 3.1 There may be times where we need to suspend your access to the Portal and we will notify you of this. We may block access to the remote monitoring data function within the Portal if the wrong login details are repeatedly entered. If this happens, we will give you instructions to restore access.
  • 3.2 We may also need to temporarily suspend access to carry out system changes, improve security or until you have downloaded the most recent version of the Portal.

4. Third party websites, software or Portals

  • 4.1The Portal may offer access to other independent third party websites, apps, software or services which are not provided by us. We are not responsible for these nor have we checked their content. Following links to these will be at your own risk and we are not responsible or liable for any damages that you incur. We recommend that you read the relevant terms, privacy and cookies policy pages for these third party websites, apps, software or services before using them.

5. No Guarantees

  • 5.1 We have taken reasonable steps to ensure the Portal is safe and secure but we provide the Portal “as is”. This means, we cannot guarantee that access will be uninterrupted or that there will be no delays or failures. We also cannot guarantee that viruses and other destructive properties will not be transmitted to your device or that your device will not be damaged while using the Portal. If you suffer loss and/or damage to your data, software, device, digital content and/or other equipment because we do not take reasonable steps, then we will be liable.
  • 5.2 We have also taken reasonable steps to ensure the accuracy, currency and completeness of the information contained in the Portal, but we provide it “as is”, “as available” and we do not give or make any warranty or representation of any kind, express or implied. If you suffer loss and/or damage as a result of your use of or reliance on the information contained in the Portal because we do not take reasonable steps, then we will be liable.
  • 5.3 Otherwise, we are not responsible if you incur any loss as a result of using the Portal or your reliance on the information contained in the Portal.

6. Our Liability

  • 6.1 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.
  • 6.2 We do not accept any responsibility to you if you are unable to access the Portal due to there being no or limited WLAN connection or internet connectivity being available through your electronic device.
  • 6.3 We are not responsible for events outside our control. If our provision of the Portal 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. Provided we do this we will not be liable for delays caused by the event.

7. Intellectual Property Rights

  • 7.1 All intellectual property rights in the Portal throughout the world belong to us (or our licensors) and the rights in the Portal are licensed (not sold) to you. You have no intellectual property rights in, or to, the Portal other than the right to use the Portal in accordance with these Terms.

8. Your Data Privacy

  • 8.1 Under data protection laws, we are required to provide you with certain information about how we process your personal data and your rights in relation to your personal data. This information is provided in our Clinician Portal Privacy Policy available [here].

9. Termination

  • 9.1 We may end your rights to use the Portal by contacting you at any time (and at our discretion) if you have breached these Terms.

10. Changes to these Terms

  • 10.1 We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. You should check the Terms regularly for any updates as these will take effect automatically. If you object to the updated Terms, you should stop using the Portal.

11. Updates to the Portal

  • 11.1 From time to time we may automatically update the Portal to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

12. General points to note

  • 12.1 We may transfer our rights and obligations under these Terms to someone else. We will tell you if we do this. You can’t transfer any of your rights and obligations under these Terms to anyone else.
  • 12.2 If any part of these Terms becomes invalid, illegal or unenforceable, this won’t affect the remaining Terms.
  • 12.3 Nothing in these Terms will reduce your statutory rights. All exclusions of liability are only as far as the law permits.

13. Applicable law

  • 13.1 These Terms are governed by English law and you can bring legal proceedings in respect of any claim you may have relating to the Portal or these Terms in the courts of England.

14. How to contact us

  • 14.1 If you want to learn more about the Portal or have any problems, please refer to our support resources at https://magicbullet.co.uk/project-breathe-user-guide.
  • 14.2 If you would like to contact our customer service team, please contact us by email on Contact@magicbullet.co.uk or by following the link to https://magicbullet.co.uk/contact.