Read all the details in regards to the applications Licence Agreement
Mobile Application End User Licence Agreement EULA sometimes referred to as "the" or "this Agreement" or "Licence Agreement" between End User (you) and Redgen Limited of Paramount Court, Corrig Road, Sandyford Business Park, Dublin 18. D18 R9C7 (Licensor, "us" or "we") for Mood Vue Mobile Applications (Mood Vue App) and online or electronic documents.
We licence the use of the Mood Vue App to you based on this EULA and subject to the many rules and policies applied by the Google Play: Android apps and Apple App store from whose site you downloaded the App Store Rules. We do not sell the Mood Vue App or documents to you. We, the owners of the Mood Vue Apps and documents, remain the owners of the Mood Vue App and documents at all times.
The Mood Vue app was developed to provide people who have received a diagnosis of Depression or Bipolar Disorder from a medically qualified doctor with a convenient way to monitor their mood each day and share their data with their medical doctor or therapist. It should not be used to make these or other diagnoses, as only a medically qualified doctor can do so. By installing or downloading the Mood Vue App, you undertake not to use it for the purpose of making a diagnosis or to determine your treatment. If you do not agree to these terms, do not install, download or use the Application and delete it from your device (mobile phone, tablet or computer).
The Mood Vue App will run on Android and iOS platforms and is designed for Mobile Phone and Tablet with all screen sizes. It will target devices with a minimum of iOS 9 and a maximum of 13 iOS. The application will run as a universal application on Android platforms that have Versions 6.0 to 10.
By downloading/installing or using the application by you (A) you acknowledge that you have read and understood the Licence Agreement; (B) represent that you are 18 years of age or older; and (C) accept this Agreement and agree that you are legally bound to its terms. If you do not agree to these terms, do not download, install or use the Application and delete it from your mobile device.
You should print a copy of this EULA for future reference.
Redgen Limited, through Mobile Device Software, Mood Vue App, provides Services to you. Subject to your compliance with the Terms of this Agreement, Redgen grants you a personal limited, terminable, non-exclusive, non-transferrable licence to:
(a) download, install and use the Mobile Device Software for your personal, non-commercial use on your mobile device strictly in accordance with the Mobile Device Software's documentation; and
(b) access and use on such mobile devices, the services made available in or otherwise accessible to the Mobile Device Software strictly in accordance with this Licence Agreement.
(a) you shall not:
(b) You are responsible for keeping your device log-in credentials to your device confidential and not sharing them with unauthorised users. If you disclose your log-in credentials to someone, you are responsible for any use, disclosure, additions, deletions or modifications of your End User Data. If you leave your device (mobile phone, tablet or computer) available to others or lose any of the devices, you are responsible for any use, disclosure, additions deletions or modifications of your End User Data.
You acknowledge and agree that the Mobile Device Software is provided to you under Licence and not sold to you. You do not acquire any ownership interest in the Mobile Device Software under this Agreement or any other rights thereto other than the use of the Mobile Device Software in accordance with the Licence granted, and subject to all terms, conditions and restrictions under this Licence Agreement. Redgen reserve and shall retain each of their entire rights, title and interest in and to the Mobile Device Software and Website. All rights not specifically granted in this Agreement are reserved by Redgen. Redgen shall own all rights in any functionality, features, modifications or customisation of the Mobile Device Software.
Mood Vue App does not use Cookies or Web Beams to collect information about your Mobile Device or about your use of Mobile Device Software. You will not be required to provide any information about yourself as a condition of downloading, installing or using the Mobile Device Software or certain of its features or functionality. Redgen does not collect information through or in connection with the Mobile Device Software. Redgen's Privacy Policy, which is located on Redgen's Website at www.moodvue.com/privacy and which may be updated from time to time without notice (Privacy Policy). By downloading, installing, using and providing information to or through this Mobile Device Software, you consent to all use and actions taken by us with respect to your information pursuant to the Privacy Policy
All ownership rights in and to the Mobile Device Software shall remain exclusively with Redgen. Access to the Service is provided to you only to allow you to exercise your rights under this Agreement and no implied licence, a right not expressly set forth in this Agreement, is granted to you.
(a) End-User Data - in connection with the Mobile Device Software, Redgen does not collect and obtain End User Data provided by you. You shall own all the End User Data. Redgen shall not obtain any personally identifiable aspects of End User Data. No third parties are authorised by Redgen to access the End User Data.
(b) Redgen Data - all Redgen Data is the sole property of Redgen. Redgen does not collect, store, create, aggregate, mine, analyse, modify, commercialise, assign, convey, sell, lease, licence or transfer Redgen Data in any form or for any purpose and in any manner. Any Redgen Data provided to you shall be subject to limitations and restrictions imposed by Redgen's Privacy Policy and other commercial agreements to which Redgen may be a party.
The Mobile Device Software is provided for access and uses only by persons located in the European Economic Area (EEA). You acknowledge that you may not be able to access all or some of the Software outside of the EEA and that access thereto may not be legal by certain persons or in certain countries. If you access the Mobile Device Software from outside of the EEA, you are responsible for compliance with local laws.
Redgen may from time to time and at its sole discretion develop and provide Mobile Device Software updates, which include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "updates"). Updates may modify or delete in their entirety certain features and functionality. You agree that Redgen has no obligation to provide any updates or continue to provide or enable any particular features or functionality. Based on your Mobile Device Settings when your Mobile Device is connected to the internet either:
(a) the Mobile Device Software will automatically download and install all available Updates, or
(b) you may receive notice of or be prompted to download and install any available updates.
In order to be able to fully utilise the Mobile Device Software, you must promptly download and install all Updates. You acknowledge that the Mobile Device Software or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Mobile Device Software and be subject to all Terms and Conditions of this Agreement.
The Mobile Device Software does not display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to Third-Party websites or services ("Third Party Materials").
(a) The Term of Agreement commences when you download/install the Mobile Device Software or acknowledge your acceptance and will continue in effect until terminated by you or Redgen as set forth herein.
(b) You may terminate this Agreement by deleting the Mobile Device Software and all copies thereof from your Mobile Device.
(c) Redgen may terminate this Agreement at any time without notice if it ceases to support the Mood Vue App, which Redgen may do at its sole discretion. In addition, Redgen may immediately terminate this Agreement with and without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(e) Termination will not limit any of Redgen's rights or remedies at law or in equity.
(a) THE APPLICATION IS PROVIDED TO YOU 'AS IS AS AVAILABLE' AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, REDGEN, ON ITS BEHALF AND BEHALF OF ANY AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING WITH, COURSE OR PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, REDGEN PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR LIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
(b) WITHOUT LIMITING THE FOREGOING, NEITHER REDGEN OR ANY REDGEN PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED;
(c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OR IMPLIED WARRANTIES OR THE LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER OR SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
(d) YOU AGREE THAT REDGEN ASSUMES NO RESPONSIBILITY FOR ANY CONTENT YOU SUBMIT, UPLOAD, CREATE OR MAKE AVAILABLE THROUGH THE MOBILE DEVICE SOFTWARE
(e) REDGEN IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF ITS CONTRACTORS, VENDORS AND SERVICE PROVIDERS.
TO THE FULLEST EXTENT PERMITTABLE BY APPLICABLE LAW IN NO EVENT SHALL REDGEN OR ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OR ABILITY TO USE THE APPLICATION OR THE CONTENTS AND SERVICES:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOU FOR THE APPLICATION AND (ii) TEN EURO. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR REDGEN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OR LIABILITY MAY NOT APPLY TO YOU.
REDGEN DOES NOT GUARANTEE THE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE REDGEN APPLICATION, REDGEN SERVICES OR ANY RELATED SERVICES. THE OPERATION OF THE REDGEN APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF REDGEN.
UNDER NO CIRCUMSTANCES SHALL REDGEN BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE REDGEN APPLICATION, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE REDGEN APPLICATION OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO REDGEN'S RECORDS, PROGRAMMES OR SERVICES. THE USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL INTENT, DATA AND INFORMATION SUBMITTED THROUGH THE MOBILE DEVICE SOFTWARE AND YOU TO THE REDGEN SERVICES AVAILABLE THROUGH THE MOBILE DEVICE SOFTWARE.
You agree to indemnify, defend and hold harmless Redgen and its officers, directors, employees, agents, affiliates, service providers successors and assigned from and against any and all loses, damages, liabilities, deficiencies, complaints, actions, judgements, settlements, interests, awards, penalties, fine costs or expenses of whatever kind including reasonable legal fees arising from or relating to your use or misuse of the Mobile Device Software or any breach of this Agreement.
This Agreement is governed by and construed in accordance with the internal laws of the Republic of Ireland without giving effect to any choice or conflict of law provisional rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Mobile Device Software shall be instituted exclusively in the Courts of the Republic of Ireland. You waive any and all obligations to the exercise of jurisdiction over you and by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OR ACTION OR CLAIM IS PERMANENTLY BARRED.
This Agreement constitutes the entire agreement between you and Redgen with respect to the Mobile Device Software and the use of Hosted Software and supersedes between you and Redgen with respect to the Mobile Device Software and the use of Hosted Software and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof or shall any single or partial exercise of any right or hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this agreement and any applicable purchase or any other terms, the terms of this Agreement shall govern. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of this provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
