Please read this agreement carefully
You must be 18 or above to accept these terms and use Lifelight Connect
Xim Limited (company number 03699022) (we / us / our / Xim) license you to use:
together Lifelight Connect, as permitted in the terms of this Agreement.
Our address is University of Southampton Science Park, Venture Road, Chilworth, Southampton, Hampshire, England, SO16 7NP. Our VAT number is 726893394.
Lifelight Connect is not a medical device and is instead what is known as a non-medical wrapper app.
Lifelight Connect will provide you with a report showing your blood pressure readings (by date and in graph form) (Reports). Lifelight Connect and the Reports do not contain medical advice or classify the readings. The Reports contain a snapshot of historical blood pressure readings that were taken. It is important that your measurements are being assessed by a healthcare professional.
The blood pressure readings themselves are being generated by Lifelight®, which is a medical device software regulated under Regulation (EU) 2017/745 on Medical Devices (CE Class IIa Medical Device). You can click through to Lifelight® from Lifelight Connect and you will be provided with a separate end-user licence agreement for the use of Lifelight®.
In this Agreement, references to the App Store means either Apple's App Store or Google's Google Play, and we refer to the rules contained in their respective App Store terms and conditions as the App Store Rules.
You must comply with the App Store Rules as well as this Agreement but, if there is any conflict between them, you should follow the App Store Rules rather than the equivalent rule here.
This Agreement is made between you and Xim. Apple / Google (as applicable) is not a party to this Agreement and has no responsibility for Lifelight Connect.
This Agreement shall commence when you "start your free access" within the App and shall, unless otherwise terminated, continue for an initial period of 7 days, after which it will automatically terminate.
If, after expiry of the Free Access, you upgrade to a paid subscription in accordance with clause 5, a new agreement shall come into existence which shall commence when you "start your subscription" within the App and shall continue for the duration of your subscription, unless terminated earlier by either party in accordance with the terms of this Agreement.
This Agreement means the agreement for the Free Access and the agreement for the paid subscription.
The App is free to download. For a period of 7 days from the day on which you started your free access within the App, you can use Lifelight Connect to receive the Reports free of charge (Free Access).
You can cancel the Free Access at any time.
Upon expiry of the Free Access, you can either:
A paid subscription will provide you with unlimited use of Lifelight Connect, full history access, and enable you to extract Reports (using PDF) always in accordance with the terms of this Agreement. The upgrade to a paid subscription will be effective when you "Start your Subscription" within the App. Xim will activate the paid subscription at this point.
Payment of the subscription fees will be taken by the App Store in accordance with the App Store Rules.
Reminder: You have the right to change your mind. Please follow the steps described in the App Store Rules on how to change your mind about purchasing a paid subscription of Lifelight Connect.
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice and it is important that you read that information.
Please be aware that internet transmissions are never completely private or secure and that information sent using Lifelight Connect may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Our Privacy Notice, which sets out information about the data we process about you, also forms part of the terms of this Agreement.
In addition, the following will also apply:
Lifelight Connect is designed to work on smartphones, tablet devices or laptops provided they have a built-in camera, as listed in our validated device list (Device). Do not use Lifelight Connect unless you are using one of the devices listed in our validated device list.
You can download Lifelight Connect on multiple devices and use one subscription for it.
Support. If you have any problems using Lifelight Connect please contact us at connect@lifelight.ai.
Contacting us (including with complaints). If you think Lifelight Connect (or part of it) is faulty or misdescribed or wish to contact us for any other reason please email our team at connect@lifelight.ai or call us on +44 2382 687407. You can also contact us using our address details provided above.
How we will communicate with you. If we have to contact you we will do so by email, using the contact details you have provided to us.
In return for your agreeing to comply with these terms you may:
You agree that you will:
You must:
You acknowledge that all intellectual property rights in Lifelight Connect throughout the world belong to us (or our licensors) and the rights in Lifelight Connect are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
We can download a PDF copy of your Reports from the App. You may share such Reports with any third party, for example, your healthcare provider or family member.
You confirm that you are not:
If either of the above situations apply to you, you are not permitted to download and use Lifelight Connect.
Subscription fees. Download of the App and Free Access are free of charge. If you wish to continue after the Free Access period has expired, you can purchase a paid subscription. The relevant subscription fees (monthly or yearly plan) are available in the App. Depending on the subscription chosen, the subscription fees are billed and payable monthly or annually in advance.
Payment. Payment for the paid subscription is made via the App Store and the App Store Rules apply to such payments. Xim may, subject to the App Store Rules, suspend or cancel your subscription until payment is resolved.
Failed payments. The App Store Rules apply to any failed payments.
Changes to fees. Changes to the subscription fees will be notified by the App Store and the App Store Rules apply. In addition, we will provide you with an in-app notification of any increase to the subscription fees as part of the in-app renewal reminder.
Auto-renewal. Unless cancelled in accordance with the App Store Rules, your subscription will automatically renew at the end of each subscription term on the same terms and subscription fees (unless the subscription fees are changed as mentioned above).
Renewal reminder. If you have a monthly paid subscription, we will provide you with an in-app renewal reminder notice (including information about price increases and cancellation instructions) around or prior to each 6 months. If you have an annual paid subscription, we will provide you with an in-app renewal reminder notice prior to the renewal taking effect.
Right to change your mind. Please follow the steps described in the App Store Rules on how to change your mind about purchasing a paid subscription of Lifelight Connect.
Refunds after cancellation. Any refunds (if applicable) will be issued by the App Store in accordance with the App Store Rules. If you cancel your paid subscription during the current subscription period, you will be able to continue using Lifelight Connect until the end of the then current subscription period and no refunds will be issued for cancellation in the middle of a subscription period.
Xim may end your rights to use Lifelight Connect at any time by providing you with reasonable notice (which will be at least 30 days) if we stop providing Lifelight Connect or support for it, or if we, acting reasonably, believe it is necessary to do so to comply with applicable law or to support legitimate business interests. If you have a paid subscription and we end this Agreement prior to the expiry of the relevant subscription period, you will receive a partial refund for the unused subscription period.
We may end your rights to use Lifelight Connect at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. Where this Agreement has been ended by us because you have not complied with it, you are not entitled to a refund.
You may end this Agreement with us at any time if we have broken these terms in a serious way. Where this Agreement has been ended by you because we have not complied with it, you are entitled to a refund.
If we end your rights to use Lifelight Connect:
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the terms of this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or in any way related to your own acts or omissions in contravention with the terms of this Agreement.
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.
If Lifelight Connect fails to meet the standards required by applicable law, please contact the App Store who will provide you with a full refund of the subscription fees paid. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any valid and applicable warranty will be Xim's sole responsibility, including claims that relate to product liability, that Lifelight Connect fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
App Store's responsibility. To the maximum extent permitted by applicable law, the App Store has no other responsibility or obligation in relation to Lifelight Connect beyond providing a refund in the circumstances described above.
When we are liable for damage to your property. If defective digital content that we have supplied damages the Device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. Lifelight Connect is for domestic and private use. If you use Lifelight Connect 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.
Limitations to Lifelight Connect. Lifelight Connect is not a medical device. Whilst Lifelight Connect will provide you with a Report showing the results produced by Lifelight®, Lifelight Connect does not interpret the results of your blood pressure readings. This must always be done by a healthcare professional. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of information obtained from Lifelight Connect.
Although we make reasonable efforts to update the information provided by Lifelight Connect, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.
Check that Lifelight Connect is suitable for you. Lifelight Connect has not been developed to meet your individual requirements. Please check that the facilities and functions of Lifelight Connect (as described on the App Store site and in the Documentation) meet your requirements.
If you think there is something wrong with Lifelight Connect, please contact us. Xim honours its legal duty to provide you with Lifelight Connect as described to you by us and that it meets all the requirements imposed by law. For detailed information, you may wish to visit the Citizens Advice website at www.citizensadvice.org.uk.
If someone else owns the Device you are using. If you download or stream the App onto a Device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the Device.
You may not transfer the App to someone else. We are giving you personally the right to use Lifelight Connect as set out above. Other than sharing your Reports with third parties (such as your healthcare professional or a family member), you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell or give away any device on which the App is installed, you must remove the App from it.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
We may transfer this Agreement to someone else. 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 this Agreement. If you do not agree to the transfer, you may terminate this Agreement with immediate effect by contacting us within 15 days of Xim telling you about the transfer and we will refund any payments made for Lifelight Connect that you have not received.
Changes to the terms of this Agreement. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you reasonable notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App. If you do not accept the notified changes you will not be permitted to continue to use Lifelight Connect and this Agreement will automatically terminate. If this change happens and you have paid for the use of Lifelight Connect, you may apply to the App Store for a refund, which will reflect the period Lifelight Connect has been available to you prior to termination.
Updates to the App and changes to Services. From time to time we may update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Updates will either download automatically or you may need to trigger them yourself, depending on your device and its settings. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
We are not responsible for other websites that you link to. Lifelight Connect may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Events outside our reasonable control. We are not in breach of this Agreement or liable for delay in performing, or failure to perform, any of our obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond our reasonable control. If the delay is likely to be substantial, you may contact us to end this Agreement and receive a refund for the use of Lifelight Connect that you have paid for in advance but not received. Any requests for refunds must be made to the App Store.
No rights for third parties. Other than the App Store (and any subsidiary of the App Store) who are third party beneficiaries of this Agreement, this Agreement may only be enforced by you or Xim and it does not give rise to any rights to third parties to enforce any term of this Agreement.
If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this Agreement, we can still enforce it later. 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 Agreement, 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 Agreement and where you may bring legal proceedings. This Agreement, its matter and its formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction. If you are not based in England and Wales, you can bring legal proceedings in respect of Lifelight Connect and this Agreement in the country where you are based.