Thank you for your interest in the App. Please read these important legal notices and the terms and conditions in their entirety.
By downloading or using the App you confirm that you have read the notices in Part 1 (“Notices”). If you use the App or click “I agree to the User Agreement”, you also confirm that you agree to the terms and conditions (“Terms”) as set out in Part 2. If you download the App but do not wish to proceed on the basis set out in the Terms then you must not use any functionality of the App and the Notices will still apply to you.
A. Access to the App. Access to the App requires account registration and an activation code from ieso. ieso can only offer an account and activation code where access to the App is covered by an applicable NHS commissioning contract or to enable participation in ieso’s research studies. Without an activation code, the content of the App cannot be accessed and used.
B. Instructions for Use. ieso’s instructions for use for the App (the “Instructions for Use”) set out the intended purpose of the App and the types of user for whom the App is, and is not, intended. You must read the Instructions for Use before using the App. The App should not be used for any other purpose or by users experiencing certain health conditions. See the Instructions for Use for further details.
C. Medical Notices.
D. Privacy. The App cannot function as intended without processing data about you, which data may include information about your health. The App's current privacy notice explains how ieso collects, uses, and protects the personal information of App users, including personal health information.
E. Technical Requirements. The App is only supported on devices or operating systems meeting certain minimum technical requirements which are as follows:
- an Apple device that runs iOS 15 as a minimum; or
- an Android device that runs API level 28 as a minimum.
In addition, you must have access to a high-speed internet connection or mobile data.
The current minimum technical requirements may be updated from time to time by changing the Notices or posting any changes on ieso’s website, www.iesohealth.com. You are responsible for the cost of providing a suitable device and an internet connection or mobile data for your device to use the App.
F. Artificial Intelligence Notice. You can engage with the App by text and the App will provide you with information delivered through a software-based conversational agent. The content provided by the App has been created by experienced professionally accredited clinical professionals. The content you receive and the order in which you receive it is personalised based on the information you provide to the App. Content is selected by a software-based conversational agent that has been trained using artificial intelligence techniques. The messages and content generated by the App are not reviewed in real-time by a human before it is made available to you in the App. The conversational agent is limited in its ability to understand your responses and in the content it can provide to you.
G. For users who have specifically been invited to participate in Research Studies. Where you have been invited to use the App in a research study, additional provisions may apply and those arrangements will be set out in writing for you to consider when you decide whether to take part in the research study. If there is any conflict between the information provided in connection with the research study and the provisions of these Notices, then the research study provisions will apply in priority to the provisions set out in the Notices in respect of the research study.
H. End User License. The App is licensed to you (not sold) on the following basis. Except as expressly permitted by applicable law or authorized in writing by ieso, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App, the software or content or any part or parts thereof available on the App, in whole or in part. Subject to ieso issuing you with an activation code, ieso grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the App on devices that you own or control PROVIDED THAT you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App, except where permitted by law. You agree not to access the App by any means other than through the interfaces that are provided by ieso. The App and all of its content, including but not limited to text, images, graphics, logos, and software, are the property of ieso or its licensors and are protected by intellectual property laws. You may not use the App or any of its content for any commercial purpose without the express written consent of ieso or for any illegal purpose. It is your obligation to delete the App and any related data if you sell, loan, give away or otherwise dispose of devices on which the App has been installed. ieso reserves the right to terminate the license at any time with or without reason or notice.
I. App Store Mandatory Conditions. Additional conditions may be imposed by the App Store from which you download the App. Please see your App Store user agreement and the Terms for further details.
J. Definitions. In the Notices and the Terms, “the App” means the ieso app and any related software, websites or services and any changes, updates, releases or versions relating to any of them provided by ieso; “ieso” means the organisation distributing the App which is Ieso Digital Health (UK) Limited, a company incorporated in England & Wales with company registration number 10291122 and having its registered office at The Jeffrey’s Building, Cowley Road, Cambridge, Cambridgeshire, United Kingdom, CB4 0DS; and “ieso Parties” means ieso and its parent company, subsidiaries or affiliates, and all their officers, employees, agents, partners and licensors.
K. Updates. ieso reserves the right to modify or update these Notices at any time. Your continued use of the App after any such modification or update constitutes your acceptance of the new Notices.
Application of the Notices and terms and conditions. By using the App or clicking “I agree to the User Agreement”, you are agreeing to these terms and conditions ("Terms") with ieso. The Terms, together with the Notices, govern the use of the App. The App is distributed by ieso. If you do not agree with these Terms, you must not use the App and the Notices shall still apply to you.
About ieso and how to contact us. Please contact us if you have any questions regarding the App. You can contact us at the following email address or via a contact form provided in the App: email@example.com
If you need to contact ieso regarding data privacy, please see the App’s privacy notice for contact details. You may give any other legal notices to ieso at firstname.lastname@example.org or at The Jeffreys Building, Cowley Road, Cambridge, Cambridgeshire, United Kingdom, CB4 0DS. Such notice shall be deemed given when it has been received by ieso at that address.
3. Account registration and activation. In order to use the App you must complete a two-step process of registration and activation. You agree to provide true, accurate and complete information at all times during registration and use of the App. You may register via a third party (such as an NHS organisation) and, if you do so, you hereby authorize the third party and ieso to share and use relevant information about you, including health information, in connection with your registration for the App. You are solely responsible for maintaining the confidentiality of the password associated with your account or device and for restricting access to your password or your devices while logged into the Services. You accept responsibility for all activities that occur under your account or from your devices. ieso reserves the right to decline or cancel your registration or activation of the App.
4. Payment. You will not be charged by ieso for using the App and the App does not ask for any payment details. You must not input any payment card details or other financial information into the App via the text-messaging function.
5. Use of the App. The App is designed to provide health-related information and tools only to users that:
can read and write English at a 6th grade level;
the App is intended for as set out in the Instructions for Use;
use the App in accordance with its intended use as set out in the Instructions for Use;
provide their own devices, and internet connection, that meet the minimum technical requirements, as set out in the Notices;
are at least 18 years old on the date the App is downloaded;
are resident in England, Wales or Scotland;
have registered and received an activation code from ieso for use of the App; and
comply with the Acceptable Use Policy, set out below.
If you do not meet these criteria you must not use the App. As this is a health App, it is your responsibility to ensure that the App is not used by or shared with other family members or friends.
You acknowledge and agree that:
THE APP IS NOT INTENDED TO REPLACE ADVICE FROM A MEDICAL PROFESSIONAL.
IF YOU HAVE CONCERNS ABOUT YOUR HEALTH, IT IS YOUR RESPONSIBILITY TO IMMEDIATELY SEEK MEDICAL ATTENTION.
THE APP DOES NOT PROVIDE MEDICAL DIAGNOSIS OR TREATMENT.
NO CRISIS SERVICE OR EMERGENCY CARE IS PROVIDED BY THE APP OR THE IESO PARTIES.
USE OF THE APP IS NOT MONITORED IN REAL-TIME.
NOT ALL MEDICAL RISKS ASSOCIATED WITH THE APP ARE KNOWN AND WHILST MEASURES HAVE BEEN TAKEN TO INFORM YOU OF, OR MITIGATE, KNOWN RISKS, SUCH MEASURES MAY NOT SUCCESSFULLY REDUCE OR ELIMINATE THOSE RISKS.
THE IESO PARTIES HAVE NO DUTY OF CARE IN RESPECT OF YOUR USE OF THE APP.
6. Acceptable Use Policy. You must not use the App to do any of the following things:
break the law or encourage any unlawful activity;
send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
use the App in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any content that is presented to you in streaming format;
infringe anyone’s intellectual property rights (for example, by using or uploading someone else’s content);
remove any watermarks, labels or other legal or proprietary notices or attempt to modify any content obtained through the App;
transmit any harmful software code such as viruses;
try to gain unauthorised access to computers, data, systems, accounts or networks, including by assisting in circumventing, disabling or defeating any of the security features or components that protect or otherwise restrict access to the App; or
deliberately disrupt the operation of anyone’s website, app, server or business.
7. Collection of technical information. We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the App. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
8. Use of your content and Feedback. You are responsible for ensuring that the information and data that you provide during registration and use of the App is your own. You agree not to provide information and data that is not yours or which you do not have the right to provide. Ieso does not own the information that you provide to the App (“Input Information”) but you hereby grant ieso a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, de-identify, translate or create derivative works from the Input Information for ieso’s business purposes including, without limitation, for the purpose of researching, developing or improving new and/or existing products and services. Ieso welcomes your comments, feedback, suggestions, and other communications regarding the App and the information and services we make available through the App (collectively, “Feedback”). If you provide Feedback, you hereby grant to ieso a worldwide, non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. You irrevocably waive: any right to be identified as an author, any right to object to any treatment of Input Information or Feedback, or any other moral rights that may exist in relation to Input Information and Feedback. For this reason, we ask that you not send ieso any Feedback that you do not wish to license to us as set forth above.
9. Proprietary Rights. The App is licensed to you (not sold) on the following basis. Except as expressly permitted by applicable law or authorized in writing by ieso, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App, the software or content or any part or parts thereof available on the App, in whole or in part. Subject to ieso issuing you with an activation code, ieso grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the App on devices that you own or control PROVIDED THAT you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App, except where permitted by law. You agree not to access the App by any means other than through the interfaces that are provided by ieso. The App and all of its content, including but not limited to text, images, graphics, logos, and software, are the property of ieso or its licensors and are protected by intellectual property laws. You may not use the App or any of its content for any commercial purpose without the express written consent of ieso or for any illegal purpose. It is your obligation to delete the App and any related data if you sell, loan, give away or otherwise dispose of devices on which the App has been installed. ieso may terminate the license at any time with or without reason or notice.
10. Disclaimer of Warranties and Liability.
Nothing in these terms excludes or limits our liability for any death or personal injury caused by negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow to be excluded or limited.
Save as set out above in this Section, the App is provided free to the user and is provided “as is” and “as available” and without any warranty or representation regarding satisfactory quality, fitness for purpose or compliance with any description.
Save in respect of liabilities which cannot be excluded or limited at law, the total aggregate liability of the ieso Parties to you shall be limited to £100 (one hundred pounds).
11. Force Majeure. ieso shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, pandemic, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind including, without limitation, failures of internet connectivity or outages at data centres.
12. External Services. The App may enable you to access services and websites that ieso does not own or operate (referred to below as ‘external services’). ieso is not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information. You must not use external services in any way that: (i) is inconsistent with the Notices or these Terms or with the terms of the external service; or (ii) infringes our intellectual property rights, or the intellectual property rights of any third party. From time to time, we may change or remove the external services that are made available through the App.
13. Contacting Users. If ieso needs to get in touch with you, it will usually do so by the current email you have provided to us or by providing you with a notification in the App.
14. App Stores Mandatory Provisions. The following additional provisions apply depending upon the App Store you used to download the App:
You shall continue to be bound by the App Store rules that apply to users as set out by your App Store provider from time to time;
You and ieso each acknowledge that:
these Terms are concluded between you and ieso and not with the provider of the App Store, such as Apple or Google (“App Store Provider”);
the App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
to the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ieso’s responsibility;
the App Store Provider is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy, or similar legislation, if applicable;
in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, that ieso, not the App Store Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and
the App Store Provider, and its subsidiaries, are third party beneficiaries under these Terms and that, upon your acceptance of the Terms, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
c. If you downloaded the App from the Apple App, then in addition to the Terms, you and ieso each acknowledge that: the End-User Licence is limited to use of the App on any Apple-branded Products that you own or control and permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
15. Governing Law/Binding Arbitration.
Governing Law: These Terms shall be governed by the laws of England, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
Disputes: Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England or in the courts of another part of the UK in which you live.
16. Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
17. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
18. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
19. Assignment. ieso may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without ieso’s prior written consent in each instance, and any attempt to do so shall be null and void.
20. Termination. You or ieso may suspend or terminate your account and/or your use of the App at any time, with or without cause or notice.
21. Effect of Termination. Following termination of your account, or your use of the App, ieso may remove, suspend or limit your access to the App. ieso may, solely at its option and discretion, provide you with access to certain content which may be available within the App for a limited period of time, sent to you by email or made available in some other format and, if so, your access to, and use of, such content and any continued use of the App to access such content shall continue to be governed by the Notices and the Terms. Certain provisions of these Terms intended to survive termination, including Sections 8 to 10 (inclusive), 13 to 19 (inclusive), 21 and 22, shall continue to apply notwithstanding the termination of your account and/or your use of the App.
22. Changes to the Terms. ieso reserves the right to modify or update these Terms at any time. Your continued use of the App after any such modification or update constitutes your acceptance of the new Terms.
Issued and in effect from: 1st June 2023
Alternatively, if you would like to find out about other mental health support options available in your area, visit the NHS website here.