We may, at our discretion, make changes to these Terms from time to time. Where we change or update these Terms, we will contact you to make you aware of the update.

USING MYTYMPA PLATFORM

To operate this MyTympa Platform:

1. you will need to have an internet connection, either through Wi-Fi or mobile data;
2. to access via the website, you will need to ensure you are accessing this via an up to date internet browser;

• to access via the app, you will need to download the MyTympa app from your mobile devices’ app store.

It is completely free to set up a MyTympa account. You can set up your MyTympa account through the desktop site or the app.

You must treat your MyTympa account as confidential. You must not disclose it to any third party.

We have the right to disable your account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your account details or password, you must promptly notify us at support@tympahealth.com

We allow you to use the MyTympa Platform so long as you follow all of the rules described in these Terms. By using the MyTympa Platform, you agree that:

• You are 18 years old or over;
• MyTympa is only for you personally and for non-business use;
• you are responsible for the accuracy of the information you provide and the recommendations through the MyTympa Platform will be made in response to the information you provide;
• your use of the MyTympa Platform starts from the moment you indicate your agreement to be bound by these Terms by clicking the checkbox.

The content on our MyTympa Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the MyTympa Platform.

Although we make reasonable efforts to update the information on our MyTympa Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the MyTympa Platform is accurate, complete or up to date.

You are not allowed to:

• modify the MyTympa Platform’s software’s code in any way, including inserting new code, either directly or through the use of another piece of software;
• not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the MyTympa Platform nor permit the MyTympa Platform or any part of it to be combined with, or become incorporated in, any other programs;
• deliberately attempt to avoid, manipulate or interfere with any security features included in the MyTympa Platform; or
• pretend that the MyTympa Platform is your own or make it available for others to download or use in whatever form (including by way of copying the code of the software and creating an independent version).

Except as expressly set out in these Terms or as permitted by any local law, you undertake not to use the MyTympa Platform to do the following:

• 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;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms;
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• try to gain unauthorised access to computers, data, systems, accounts or networks; or
• deliberately disrupt the operation of anyone’s website, app, software, server or business.

We do not guarantee that our MyTympa Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the MyTympa Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We may provide updates to the MyTympa Platform from time to time for reasons that include fixing bugs or enhancing, modifying or removing functionality.

Updates will either download automatically or you may need to trigger them yourself. If the latter, you will be notified through your account or by email.

We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the MyTympa Platform may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the MyTympa Platform updated to the latest version that we make available.

The MyTympa Platform shall enable you to access third party services and websites that we do not own or operate.

We are not responsible for examining or evaluating the content or accuracy of these third party services or websites. 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.

We do not provide any warranty that the third party services shall meet any requirements you have and these should be discussed directly with the third party.

From time to time, we may change or remove the third party services or links to third party websites that are made available through the MyTympa Platform.

The MyTympa Platform (including the underlying software) and all the intellectual property rights in or to the MyTympa Platform, wherever arising, are owned by us. This means that even if you paid money, you do not own any part of the MyTympa Platform. Any payments that you make or have made only permit you to use the MyTympa Platform in accordance with these Terms.

You acknowledge that you have no right to have access to the MyTympa Platform or its underlying software in source code form.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this contract was made, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. The MyTympa Platform is for domestic and private use. If you use the MyTympa Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

You acknowledge that the MyTympa Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the MyTympa Platform as described in the Documentation meet your requirements.

We are not liable for failure of networks or hardware. The MyTympa Platform 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 and your device, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the MyTympa Platform due to a poor internet connection, faulty components in your device (such as a faulty camera) or anything else that it would not be reasonable to expect us to control.

We may suspend your access to MyTympa where: we suspect you have misused the MyTympa Platform or breached these Terms, in which case (without prejudice to our rights to end the contract) we will take steps to investigate the issue following which we may restore or continue to suspend access.

Both you and us have the right to end the contract at any time by giving the other no less than 30 days written notice.

We may immediately end this contract if you breach these Terms in a serious way or persistently breach these Terms, despite us giving you written notice of the breach and the breach is not remedied in a reasonable time.

If the contract ends, you will no longer be allowed access or use the MyTympa Platform and we may delete or suspect access to any accounts you hold with us.

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term contained within these Terms.

Each of the conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider.