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END USER LICENCE AGREEMENT
This End User License Agreement (“EULA”) is a binding agreement between you (“End User” or “you”) and Orpheus Mind Technologies Limited (“Orpheus”, “we”, “us” or “our”). This EULA governs your use of the PSTEC MP3 self-help and hypnotherapeutic audio tracks (the “Tracks”) made available to you. The Tracks are licensed, not sold, to you.
By clicking the “agree” button, you (a) acknowledge that you have read and understand this EULA; (b) represent that you (i) are 18 years of age or older; or (ii) are under 18 years of and have received your parent’s or legal guardian’s permission to use the Tracks; and (c) accept this EULA and agree that you are legally bound by its terms. If you do not agree to these terms, do not use the Tracks and delete them from your device.
1. Licence Grant
Subject to the terms of this EULA, we grant you a limited, non-exclusive, and non-transferable licence (“Licence”) to access, stream, download, and use the Tracks on your mobile, tablet device, or computer owned or otherwise controlled by you (“Device”) strictly in accordance with this EULA. Please note that you may only use the Tracks on one Device at a time.
2. Use of the Tracks
2.1 You use the Tracks at your own discretion and you accept full and sole liability for their use.
2.2 The Tracks and their contents should not be regarded as a substitute for any advice, diagnosis, recommendations, treatments or decisions from licenced medical practitioners.
2.3 Further to clause 2.2, if any of the following applies:
2.3.1 you have a mental illness such as (but not limited to) schizophrenia, bipolar disorder or epilepsy, or if you are receiving psychological treatment for a problem; and/or
2.3.2 you suffer from any form of physical pain,
you should always seek professional medical advice.
2.4 With regard to the weight loss Tracks, no claim is made with regard to the results you may reasonably be able to expect, nor is any warranty implied by us in respect of the same.
3. Licence Restrictions
3.1 Upon entering into this Licence, you shall not:
3.1.1 copy or reproduce the Tracks or any part of them;
3.1.2 modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Tracks;
3.1.3 reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Tracks or any part thereof;
3.1.4 remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Tracks, including any copy thereof;
3.1.5 rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Tracks, or any features or functionality of the Tracks, to any third party for any reason, including by making the Tracks available on a network where it is capable of being accessed by more than one device at any time; or
3.1.6 remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Tracks.
3.2 We grant you the Licence personally and therefore you may not transfer the Licence to someone else, whether for money, for anything else, or for free. If you sell the Device on which any Tracks are stored, you must remove them from it.
4. Collection and Use of Your Information
Any information collected by, or provided by you to, us in respect of your use of the Tracks is subject to our Privacy Policy located at www.orpheusmindtechnologies.com/privacy-policy and our Cookies Policy located at www.orpheusmindtechnologies.com/cookies. By using the Tracks, and providing information to us, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
5. Operating System Requirements
5.1 The Tracks require your Device to have the following requirements:
5.1.1 one of the following mobile device browsers: iOS Safari 11+, Android Browser 4.4+; or Chrome for Android 78+;
5.1.2 an internet connection; and
5.1.3 sufficient memory on the Device to enable the download of Tracks for offline use, if desired.
5.2 Your ability to use the Tracks may be affected if your Device or computer does not meet the requirements set out in clause 5.1.
6. Intellectual Property Rights
The following definition applies to this clause:
“Intellectual Property Rights” means copyright, rights related to copyright such as moral rights and performers rights, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trademarks, geographical indications, service marks, trade names, design rights, rights in get-up, database rights, databases, domain names, business names, rights in computer software, the right to sue for infringement, unfair competition and passing off, and all similar rights of whatever nature wherever in the world arising and, in each case:
6.1 Nothing in this EULA or as a result of your downloading of and access to the Tracks, shall result in you acquiring in any way any title, rights of ownership of any Intellectual Property Rights of whatever nature belonging to us relating to the Tracks.
6.2 You acknowledge and confirm that ownership of all Intellectual Property Rights in Tracks vests in and under our control and that without our express written permission, no licences or rights are granted to you in respect of such rights other than as expressly set out in this EULA.
7. Geographic Restrictions
We are based in the United Kingdom and the Tracks are provided for access and use only by persons located in countries where English is the official designated first language in accordance with that Countries local laws (“the Territories”) or by persons who have a fluent understanding of the English language. You acknowledge that you may not be able to access the Tracks outside of the Territories and that access thereto may not be legal by certain persons or in certain countries. If you access the Tracks from outside the Territories, you are responsible for compliance with local laws.
8. Term and Termination
8.1 Should you violate any of the terms and conditions of this EULA, this EULA will terminate immediately and automatically without any notice.
8.2 Upon termination pursuant to clauses 8.1, all rights granted to you under this EULA will also terminate.
8.3 Termination will not limit any of our rights or remedies at law or in equity.
9. Quality
9.1 We will provide you with content that complies with your legal rights under the Consumer Rights Act 2015, namely, that any content you receive from us:
9.1.1 is of satisfactory quality;
9.1.2 is fit for purpose; and
9.1.3 matches its description.
9.2 On this basis, in respect of the Tracks:
9.2.1 we will use all reasonable efforts to ensure that they are free from defects, viruses and other malicious content;
9.2.2 we do not promise that they are compatible with any third party software or equipment except where we have said that it is in this EULA; and
9.2.3 you acknowledge that there may be minor errors or bugs in them.
10.1 You have certain legal rights under the Consumer Rights Act 2015. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.2 If you consider the Tracks to be faulty, please contact us and we will look into this for you. Depending on the nature of the fault, we may repair the Tracks but we shall be under no obligation to do so.
10.3 To avoid faults in the Tracks you must use the Tracks only on suitable third party software and equipment.
11. Limitation of Liability
11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
11.1.1 losses that:
a) were not foreseeable to you and us when this EULA was entered into; or
b) that were not caused by any breach on our part;
11.1.2 business losses; and
11.1.3 losses to non-consumers.
12. Indemnification
You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, arising from or relating to your misuse of the Tracks or your breach of this EULA.
13. Changes to these terms
13.1 We may need to change these terms to reflect changes in law, best practice, to deal with additional features which we introduce or to reflect changes in how we operate the Tracks following customer feedback.
13.2 If you do not accept the notified changes you will not be permitted to continue to use the Tracks.
14. Severability
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.
15. Governing Law
This EULA and any dispute or claim arising out of, or in connection with, it, its subject matter or formation shall be governed by, and construed in accordance with, the laws of England and Wales.
16. Entire EULA
This EULA and our Privacy Policy constitute the entire agreement between you and us with respect to the Tracks and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Tracks.
17. waiver
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, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of this EULA shall govern.
