END USER LICENCE AGREEMENT: TERMS OF USE

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”

In these terms of use, you the users of the App are referred to as “you”, “your”, or “yours” and in these terms of use we are referred to as “we”, “us”, or “our” and which also includes any practitioner that you are dealing with via the App.

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 these terms of use, we refer to the website that you download the App from as the ‘app store’ and we refer to their rules and policies as the ‘app store rules’. By downloading the App and registering on the App, you are agreeing to these terms of use and this document becomes a binding legal agreement between you and us. These terms of use, along with the privacy notice for the App (available here: https://forbabyssake.org.uk/app-privacy-policy/), or any other policy or document that relates to this App and/or its use are incorporated into these terms of use by reference and shall form part of the agreement between you and us. Please familiarise yourself with these documents before you register and use the App.

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.

  1. These terms of use
    1. Subject to the creation of an Account (see below), we license you to download and use the App, provided you follow all the terms, conditions and rules described in these terms of use. The licence:
      1. is limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable to use the App personally and for non-business use;
      1. starts when you download the App;
      1. covers content, materials, or services accessible from the App including all of our support resources; and
      1. covers updates to the App.
    1. You must comply with the app store rules as well as these terms of use.
    1. 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.
    1. You may use the App on devices that you own or control, as permitted by the app store rules.
    1. If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device.
  2. Accounts
    1. In order to use the App and access its functionality and resources, you will be given an activation code, asked to register and open an account (“Account”). We reserve the right to approve such Account. The Account is governed by these terms of use. As part of that account creation, you may be asked to provide some personal information such as your name and email address. The App privacy notice explains how such information may be collected and used.
    1. 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.
    1. As Account holder you are responsible for your Account and use of the App in accordance with these terms of use including the actions of those persons that have gained access to the Account.
    1. 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.
  3. Intellectual property
    1. 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.
    1. Materials which include but not limited to software, data, text, photographs, graphics, sound and video placed on the App and/or For Baby’s Sake are protected by copyright and other intellectual property rights. Your rights to use are limited to those rights and licences set out in these terms of use.
    1. You agree that that all rights to an Account shall forever be owned by and inure to the benefit of us.
    1. Except as provided in these terms of use, you are prohibited from the use and reproduction of the intellectual property rights in For Baby’s Sake and this App.
    1. 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.
  4. Your content
    1. The App permits you to upload some content, which includes text and photographs,  as part of any chat in communication with us or as part of a scrapbook/timeline function. You are responsible for that content, including its legality and appropriateness plus compliance with the requirements of these terms of use.
    1. We reserve the right without notice to suspend, remove or delete your content and delete and/or suspend your Account and/or where necessary disclose to the relevant authorities your content if  we consider it to breach or may breach our terms of use, if we consider such steps are necessary to protect any other person including us or yourself, if any criminal acts or civil wrongs have been or may be committed, or we are required to do so by law.
    1. 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.
    1. 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.
    1. 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.
  5. Support and contact
    1. 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 teamThese contact details (phone, email and post) will have been provided to you  
For Baby’s Sake App – dedicated email address  app@forbabyssake.org.uk
The For Baby’s Sake Trust phone number  01438 873420
The For Baby’s Sake Trust postal addressThe 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.

  • Notifications
    • 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
      • in any way whatsoever to break any of the requirements set out in these terms of use or the rules of For Baby’s Sake or encourage others to break these terms of use or rules of participation or otherwise of For Baby’s Sake whether directly or indirectly.
    • 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.
  • 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.
  • Changes to these terms of use
    • We may need to revise these terms of use from time to time to reflect changes in the App’s functionality, For Baby’s Sake, to deal with a security threat or if there is a change in the law or guidance.  You may be asked to agree to any material changes, usually when you download an update. If you do not accept the changes, you may not be able to use the App.
  • 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’).
    • We are 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 and privacy policy on which they are being offered to you.
    • You must not use external services in any way that:
      1. is inconsistent with these terms of use or with the terms of the external service; or
      1. 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 can end the agreement between us if you do not comply with these terms of use or any particular term or rule.
    • 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.
    • We can stop providing the App itself or stop your access to For Baby’s Sake via the App at any time either permanently or temporarily, at which point any licence granted to you under these terms of use and your Account will be automatically terminated or suspended. This may or may not affect your enrolment on For Baby’s Sake itself (see below).
    • 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
    • No one other than us or you has any right to enforce any term in these terms of use.
  • Transferring this agreement
    • We may transfer our rights under these terms of use to another business or charity without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
    • You are not allowed to transfer your rights or obligations in these terms of use to anyone without our prior written consent.
  • 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