We are the The For Baby’s Sake Trust, a registered charity, number 1126459 and company limited by guarantee, number 6713945, of 4 Meadway Court, Rutherford Close, Stevenage, Hertfordshire SG1 2EF, the creators of the For Baby’s Sake App (referred to below as the ‘App’).
You must be invited to use the App and will be given an activation code. You will be invited if you are engaging in the programme known as “For Baby’s Sake”
References to “For Baby’s Sake”, shall be the programme created by us where each parent works with a For Baby’s Sake Practitioner, has access to tools and resources and is empowered to make changes in their lives and behaviours for themselves and their family.
In parallel with parents using the App, For Baby’s Sake Practitioners use the Practitioner Portal and further information about the use and protection of parents’ data within the Portal can be found in our privacy notice (available here: https://forbabyssake.org.uk/privacy/).
Only use the App if you have read the rules and agree to them.
If you do not agree to these terms, then you should not register the App and where we are able to, we will not allow you to use the App.
- is limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable to use the App personally and for non-business use;
- starts when you download the App;
- covers content, materials, or services accessible from the App including all of our support resources; and
- covers updates to the App.
- You do not own the App, For Baby’s Sake, or any of its contents as access is under licence and not sold. The licence confers no title or ownership in the App or For Baby’s Sake or any underlying intellectual property.
- You may use the App on devices that you own or control, as permitted by the app store rules.
- If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device.
- You will keep your password safe at all times and not share with any other person including any person on For Baby’s Sake with you. You are prohibited from allowing somebody else to use your Account on your behalf. To ensure that your password is secure, we recommend that you keep your device free of viruses, malicious code that includes Trojans, worms, time bombs, malware and spyware. WE WILL NEVER ASK FOR YOUR PASSWORD.
- We reserve the right to suspend or block your Account and accessing the App either if the App is being used by somebody else other than you or we suspect that the App is being used by somebody else or if we believe this is necessary to safeguard you or anyone else.
- Intellectual property
- All intellectual property in the App and For Baby’s Sake, any trademarks used on the App or as part of For Baby’s Sake and any registered and unregistered intellectual property rights in the United Kingdom are either the property of us or their respective owners but properly licensed to us.
- You agree that that all rights to an Account shall forever be owned by and inure to the benefit of us.
- You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, or use in any way we deem fit, any feedback, ideas, suggestions that you provide about the App and its use. Where applicable you agree to waive any moral rights that you may have to the extent permitted by law.
- Your content
- Where you decide to share your content with your Practitioner, we will retain copies of your content and some of it may part of your For Baby’s Sake record where the Practitioner considers it appropriate, or where we are legally obliged to and where applicable in accordance with our privacy notice.
- The App has a function that facilitates chat between you, using the App, and your Practitioner who will be using the Practitioner Portal. The App permits certain chats to be deleted automatically when they are classed as an emergency. Such chat shall disappear from your App on your device but the chat remains on the Practitioner Portal and may form part of your For Baby’s Sake recordwhere the Practitioner considers it appropriate. The use and protection of data within the Practitioner Portal is covered by The For Baby’s Sake Trust’s privacy notice and the consent for data processing, which you will have given your Practitioner.
- If your content includes or is derived from any intellectual property of the App and/or For Baby’s Sake (whether registered or otherwise) then you acknowledge that we own and have the benefit of such intellectual property and it is automatically assigned upon creation to us or its original licensors.
- Support and contact
- If you need to get in touch with us about the App, you can use any of the following methods, contacting your For Baby’s Sake Practitioner or their team as a first step:
|Your For Baby’s Sake Practitioner or their team
|These contact details (phone, email and post) will have been provided to you
|For Baby’s Sake App – dedicated email address
|The For Baby’s Sake Trust phone number
|The For Baby’s Sake Trust postal address
|The For Baby’s Sake Trust, 4 Meadway Court, Rutherford Close, Stevenage Hertfordshire SG1 2EF
- Privacy and your personal information
The App includes security features to keep your information secure, including requirements to log back in again if you leave the app to use other functions on your device.
We advise you to use the app only on a device that you feel safe using, to which only you have access. If you have any questions about this, ask your For Baby’s Sake Practitioner. Before setting you up with a login, your For Baby’s Sake Practitioner will take you through the process, including how they use the Practitioner Portal to do this, so you can be clear and confident about the security of your information and our safeguarding procedures. You can read our privacy notice on our website: https://forbabyssake.org.uk/privacy/
- 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, maintain security of your data, 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 the App and For Baby’s Sake or to offer additional services or technologies to you.
- The App may make use of push notifications on your device to give you messages relating to the App and For Baby’s Sake.
- When you open the App for the first time, you may be asked for your consent to push notifications.
- You can change your choices at any time in the App settings, and you can also turn off push notifications at any time.
- Acceptable use
- 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;
- infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s copyrighted content);
- invade an individual’s rights of privacy or ask for any personal details of other users of either the App or For Baby’s Sake;
- attempt to spread false or inaccurate or misleading information;
- pretend that the App is your own or make it available for others to download or use;
- share in any way (including giving access to a third party to your Account) your Account or obtain the details of any other Accounts, persuade or attempt to persuade (including procuring others to persuade) to share any Account information;
- impersonate any employee, officer or agent of us or any of our service partners;
- transmit any harmful software code such as viruses;
- hack the App (which might include accessing its code, inserting new code, or modifying the way it functions in any way);
- use the App to decompile, reverse engineer, copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, modify, bundle, merge, share or make available to any person or create any derivative works of the App and/or For Baby’s Sake;
- use any tools, to circumvent any technical mechanisms or protections in place to protect you, other users of the App and us;
- exploit any known fault or bugs in the App or any other authorised software,
- try to gain unauthorised access to computers, data, systems, accounts or networks;
- deliberately disrupt the operation of anyone’s website, app, server or business;
- advertise websites, products or services in the App or use App for any junk email, spam, any scams, pyramid or similar selling schemes including any hyperlinks or connections to third party sites; and
- You must not only comply with the above but also spirit of the rules set out above including not encouraging others or assisting others to breach these rules.
- You must not use the App to do any of the following things:
- Acceptability, changes and updates to the app
- We will do what is reasonable to ensure that the App remain in operation and uninterrupted and rectify any faults or bugs as quickly as possible. We do not guarantee that the App will be available all the time or will be free from bugs or viruses.
- We may update the App from time to time for reasons that include fixing bugs or enhancing functionality which may include access to For Baby’s Sake or different parts of For Baby’s Sake. Where possible, we will seek to update or fix bugs in the App on the same day of the week and time to minimise disruption, but this is not guaranteed. We might also change or remove functionality but if we do, we will notify you in advance. We may need to suspend the App in order to do so. We do our best to ensure that any suspension is as short as possible. We can not accept responsibility for such suspensions, interruptions or any errors caused by any suspension.
- Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.
- We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities if you do not keep the App updated to the latest version that we make available.
- External Services
- The App may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
- You must not use external services in any way that:
- 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.
- Our Responsibility to you
- You acknowledge and accept that accessing For Baby’s Sake via the App is not the only method for you to access For Baby’s Sake.
- The App is provided for free and provided on “as is” and “as available”. All implied and express statutory warranties that the App will be available at times or locations or it will be uninterrupted or free from errors or bugs or viruses are excluded as far as the applicable law allows. We will not be liable to you for any costs, loss or damage that may arise from any interruption or inoperability of the App or any part of the App.
- If we breach this agreement or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this agreement (when the App was downloaded) was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
- We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage including loss of profits, business interruption, loss of opportunity or any indirect or consequential losses.
- 1.5 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
- Failures of networks or hardware
- The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, date network, your device and the app store, are entirely outside of our control. We are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, poor data connection, insufficient data plan, faulty components in your device (such as a faulty camera), app store failure or anything else that it would not be reasonable to expect us to control.
- Ending this agreement
- We will give you a reasonable amount of notice before terminating but if what you have done is serious then we may terminate immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to us or others, interfering with the operation of the App or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
- The consequences of the agreement ending are as follows:
- you are no longer allowed to use the App and we may remotely limit your access to it;
- you must delete it from any devices on which it has been installed;
- we may delete or suspend access to any Accounts that you hold with us; and
- we will not be liable for any financial benefits or other compensation to you in connection with the discontinuation of the App.
- Third Parties
- Transferring this agreement
- Governing law and jurisdiction
- The laws of England apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.
- Any disputes will be subject to the non-exclusive jurisdiction of the English courts. 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.
Version: EULA AppV1
Last updated: 25 May 2022