Terms & Conditions of Use
1. THIS AGREEMENT
1.1 This is an End User Licence Agreement (‘this Agreement’) between you (interchangeably referred to as “the user” or “you”) and Sword and Cross Apps Pty Ltd (“SCA”) which governs use of the smartwatch application PTSDPal™ (‘the App’) as a Paid App Service (“the Service”). By installing and/or using the App, the user agrees to the terms and conditions of this Agreement between SCA and the user (collectively referred to as “the parties”). Please read the terms and conditions carefully and in full prior to completing the installation process and the using the App.
1.2 If the user does not agree with the terms and conditions of this Agreement, the user should not complete the installation process, or continue to use the App.
2. GENERAL USE
2.1 Installation and Use
SCA grants the user a revokable, non-transferable, non-exclusive and limited license (“the licence”) to install and use the App on your mobile device. Under this Agreement, the user is able to install and use a validly licensed copy of the operation system for which the App was designed, for personal use only, and strictly in accordance with the terms and conditions of this Agreement, commencing on the date that the user downloads the App. By clicking the “Get”, “Buy”, “Install”, “Download” or similar button in the respective online store such as the Apple App Store or the Google Play Store (“Online Store”) or when clicking “accept” or “agree” setting up an account for the use of the Services, the user agrees to be bound and abide by this Agreement.
2.2 Updates
SCA may change, add or remove any of the functionality of the App at any time. These terms and conditions of this Agreement will govern any upgrade or supplement to the App unless we notify you of replacement terms and conditions, in which case those terms will apply with respect with the upgrade or supplement. You should make sure that you regularly check for any updates to the App that are available to download from Google, or Apple app store. SCA may collect share and use non-personal technical date and related information about your mobile device and the App to facilitate the provision of updates. You agree that SCA can use this information as long as it does not personally identify you.
2.3 Internet
Certain functions of the App will require active internet connection. SCA Does not take responsibility for the App not working at full functionality if you do not have access to Wi-Fi or an internet connection. SCA does not take any responsibility for associated data roaming charges or other third-party charges associated with the App’s use.
2.4 Internet Data Usage
If the user is using the App outside of an area with Wi-Fi, you should remember that the terms of the user’s contract or agreement with their mobile network provider will still apply. As a result, a user may be charged by their mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the App, the user accepts responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If the user is not the bill payer for the internet connection of the device on which you’re using the App, SCA assume that the user has received permission from the bill payer for using the App.
2.5 Device Security
The App stores and processes personal data has been provided by users of the App in a range of circumstances. It’s the user’s responsibility to keep the smart-watch or related device secure, and access to the App secure. SCA therefore recommends that users do not jailbreak or root your device, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your device vulnerable to malware/viruses/malicious programs, compromise your device’s security features and it could mean that the App won’t work properly or at all.
2.6 Download and Purchase of the App through Online Stores
If you download a Service through an Online Store, you will be asked to agree and adhere to the relevant Online Store terms and conditions (“Online Store terms”), which will also apply in addition to this Agreement. You should read these Online Store terms carefully.
3. PROHIBITIONS AND LIABILITIES
3.1 Modification
The user shall not modify the whole or any part of the App or combine or incorporate the whole or any part of the App in any other program or system. The user is not allowed to attempt to extract the source code of the App, translate the app into other language or attempt to make derivative versions.
3.2 Reverse Engineering
The user shall not reverse assemble, reverse engineer or reverse compile the App or any part of the App.
3.3 Copying
The user shall not copy the App, in whole or in part.3.4 Maintenance of Copyright Notices
The user shall not remove or alter any copyright notices on any or all copies of the App.3.5 Commercial Use
The user may not use the App for commercial purposes, such as renting or leasing the App.
3.6 Compliance with Applicable Laws
The user must comply with all applicable laws regarding the use of the App.
4. SUBSCRIPTION POLICY
4.1 A purchase amount and period purchase will be applied to the user’s iTunes or Google Play on confirmation.
4.2 Subscriptions will automatically renew unless cancelled within 24-hours before the end of the current period. You can cancel anytime with your iTunes or Google Play account settings. Any unused portion of a free trial will be forfeited if the user purchases a subscription.
5. OWNERSHIP
5.1 All intellectual property rights in the App including text, graphics, video clips, logos, icons, images, music, audio clips, video clips, software, data compilations, and any other forms of content or information are retained by SCA (collectively referred to as “SCA Content”)
5.2 The App itself, the SCA Content, and any related trademarks, copyrights, patents and database rights are retained and owned by SCA.
6. TERMINATION
6.1 SCA may terminate this agreement if the user fails to comply with the terms and conditions of this agreement. In such event, the user must uninstall and otherwise remove copies of the App in their possession.
6.2 The user may terminate the agreement in accordance with the terms of purchase, or relevant Online Store terms.
7. COPYRIGHT
7.1 All intellectual property rights in the App including text, graphics, video clips, logos, icons, images, music, audio clips, video clips, software, data compilations, and any other forms of content or information are retained by SCA (collectively referred to as “SCA Content”)
7.2 SCA retains ownership of the App whether in its original form or as modified by you during the terms of the licence. All intellectual property rights are retained by SCA. All rights not expressly granted are reserved by SCA. SCA Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between the user and SCA. SCA owns and retains all rights in the SCA Content.
7.3 This Agreement makes reference to SCA’s Copyright policy. The user is directed to carefully review SCA’s Copyright policy available at https://ptsdpal.com prior to installing and using the
7.4 All rights not expressly granted are reserved by SCA.
7.5 The SCA Content may not be duplicated, shared, transferred, copied, modified or adapted, in any way without written permission.
7.6 The App Content is protected under the Copyright Act 1968 (Cth). The copying, redistribution, use or publication by you of any such content is strictly prohibited. Use of the App does not grant the user to any ownership rights to the App content.
8. WARRANTIES
8.1 SCA expressly disclaims any condition(s) or warranty which would otherwise be implied in this Agreement. Where legislation implies in this agreement any condition or warrant, and that legislation avoids or prohibits provisions in a contract excluding or modifying application of or exercise of liability under such condition or warranty, the conditions or warranty will be deemed to be included in this agreement. SCA do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, or other items contained within the App. SCA make no warranties respecting any harm that may be caused by the App.
9. INDEMNITY AND LIABILITY
9.1 The user agrees to indemnify SCA, their personnel and subcontractors from any loss (including reasonable legal costs, and expenses) or liability for any loss or damage arising out of your use of or inability to use the App or with respect to the material provided in the App or any part thereof, including but not limited to errors or omissions contained therein.
9.2 In any event, SCA shall not be liable for any special, incidental, or consequential damages, including, but not limited to, loss of profits, income, utility, interest, or loss of market. This includes but is not limited to any economic harm, lost profits, damages to business, data, smart-watches or phone systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, smart-watch failures, phone or tablet failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind.
10. CONFIDENTIALITY AND USER PERSONAL INFORMATION
10.1 Personal information the user enters in this App is stored in your device and will not be accessed or used by SCA. It is your responsibility to ensure your device is held in a secure, private place, to prevent others viewing the personal details stores with this App. This clause will survive the termination of this agreement.
10.2 The user is directed to carefully review SCA’s privacy policy available at https://ptsdpal.com prior to installing and using the App.
10.3 By using the App, the user consents to SCA’s use of Personal Information in accordance with the SCA Privacy Policy.
10.4 SCA may from time to time collect and process a user’s personal data related to use of the App.
10.5 SCA only accesses your data to the extent that: it is necessary to provide the App services you are requesting; you have given your consent to the processing; we are otherwise authorised to do so under data protection laws, or processing your personal information is in the legitimate interest of the App.
10.6 SCA’s legal basis for collecting and using the personal information described in the Privacy Policy depends on the Personal Information we collect and the specific context in which we collect the information including but not limited to: contract between the App and the user; permissions provided by the user; legitimate interests or purposes of SCA; compliance with laws and regulations.
10.7 SCA will retain your personal information only for as long as is necessary for the purposes as set out in SCA’s Privacy Policy. SCA will retain and use your information to the extent necessary to comply with legal obligations, to resolve disputes, and to enforce policies.
10.8 In certain circumstances, the user may have the following data protection rights: the right to access, update or to delete the information we have on you; the right of rectification; the right to object; the right of restriction; the right to data portability; and, the right to withdraw consent.
10.9 SCA takes precautions to protect your data and to prevent misuse. However, given that no method of transmission over the internet or method of electronic storage is 100% secure and reliable, SCA cannot guarantee absolute security.
10.10 For a better experience, while using the App, certain personally identifiable information may be required. The information requested will be retained on your device and is not collected by SCA or the App in any way.
10.11 In case of an error in the App, data and information (called ‘Log Data’) is collected through third party products. This Log Data may include information such as your device Internet Protocol (‘IP’) address, device name, operating system version, the configuration of the App upon use, the time and date of the App’s use, and other statistics. SCA has no responsibility for any third party collected Log Data.
10.12 The App may contain links to other sites. SCA has no control over and assume no responsibility for the content, privacy policies, information, or practices of any third-party sites or services.
10.13 The App does not use “cookies” explicitly. However, the app may use third party code and libraries that use cookies to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse SCA cookies, you may not be able to use all components of the App.
10.14 SCA may employ third-party companies and individuals due to the following reasons to: facilitate the Service; provide the Service on our behalf; perform Service-related services; assist SCA is analysing use of the App and the Service; and, assist SCA in analysing the performance of the App and the Service.
10.15 SCA informs users of the Service that these third parties may have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information accessed for any other purpose.
11. DISCLAIMER
11.1 The information on this App is intended as a general reference only. SCA makes every reasonable effort to maintain current and accurate information, however due to a wide variety of sensors, SCA does not guarantee consistent or accurate biometric data for the App.
11.2 The user is responsible for the making of their own assessment as to the accuracy, currency, completeness, and relevancy of this information for their purposes before relying on the material in any important matter. Users should also obtain professional advice relevant to their personal circumstances.
11.4 The user is directed to carefully review SCA’s legal disclaimer available at https://ptsdpal.com prior to installing and using the App.
11.5. The contents of this app, including without limitation, all data, information, text, graphics, links and other materials are provided as a convenience to our app users and are meant to be used for informational purposes only.
11.6 SCA does not accept any responsibility for decisions taken by the user based solely on the information provided in the App.
11.7 The App may include inaccuracies and typographical errors. Changes and improvements are periodically made to the app and the information therein. We do not warrant or assume any legal liability or responsibility for the completeness, or usefulness of any information, service.
11.8 The App expressly disclaims all warranties of any kind, whether express or implied. The App makes no warranties that:
11.8.1 the app or the content will meet or satisfy your requirements;
11.8.2. the app shall have no responsibility for any damage for your smart-watch or similar device; or
11.8.3 loss of data that results from the use of the App of its content.
11.9 The content of the App is prepared for information purposes only. The App has not been designed as a treatment for individuals experiencing a mental health condition. Nothing on this website should be viewed as a substitute for professional advice (including, without limitation, medical advice). SCA has to the best of its knowledge and belief provided information that it considers accurate, but makes no representation and takes no responsibility as to the accuracy or completeness of any information on this website. SCA disclaims to the maximum extent permissible by law any liability for any loss or damage however caused, arising as a result of any user relying on the on the information on the App.
12. EXTERNAL LINKS
12.1 This App may include links to third party websites. Links to other sites are provided for the convenience of the user. SCA does not accept responsibility for the accuracy or completeness of information on any third parties. In some cases, the material may incorporate or summarise views standards or recommendations of third parties.
13. LAW
13.1 This Agreement shall be governed by and construed in accordance with the law for the time being in force in New South Wales, Australia and the user agrees to submit to the exclusive jurisdiction of the courts and tribunals of that state.
14. SEVERABILITY
14.1 Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement. Such invalidity shall not affect the validity of the remaining provisions of this Agreement.
15. CHANGES TO TERMS AND CONDITIONS
15.1 Terms and conditions may be updated from time to time. The user is advised to regularly review the terms and conditions of this Agreement available at https://ptsdpal.com. Any changes to the terms and conditions are effective immediately on updating the terms and conditions on the website.
16. ENTIRE AGREEMENT
16.1 This Agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitute the entire agreement between the parties relating to the App. No addition to or modification of any provision of this Agreement shall be binding upon the parties unless made by written instrument signed by both parties.
CONTACT SCA
If the user has any questions or suggestions about the terms and conditions, contact [email protected] or visit https://ptsdpal.com for more information. SCA is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason.