App Policies

• We license you to download and use the App, as long as you follow all the rules described in this agreement. The licence:
  • is only for you personally (and anyone else that the Apple store rules lets you share the App with) and for non-business use;
  • starts when you download the App;
  • is for specific, limited use and can be cancelled by us;
  • can only be used in the United Kingdom who are over 18; and
  • covers content, materials, or services accessible from, or bought in the App, including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept the updated terms.
  • is non-transferable from your Apple device account to another non-Apple device.
• If you sell or give away the device on which you have downloaded the App, you agree to first remove the app from the device.

• In this agreement, we refer to the site that you download the App from as the ‘Apple Appstore’, owned by Apple Inc ‘Apple’, and we refer to their rules and policies as the ‘Apple Appstore rules’. You must comply with the Apple Appstore rules as well as this agreement, but, if there is any conflict between them, you should follow the Apple Appstore rules rather than the equivalent rule here.
• Please be aware that you do not own the App or its contents, but you may use it on devices you own or control, as permitted by the Apple Appstore rules.
• As required by the Apple Appstore, we may only allow you to use this App to you if you have not been listed on any U.S. Government list of prohibited or restricted parties.  If you are, immediately delete this App and do not proceed to use it.
• You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this agreement, and that, on your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary of it.
• Apple is not a party to this agreement and will not have any liability under this agreement. We will be solely responsible for any investigation, defence, settlement or discharge of any intellectual property claims against us or the App (and not Apple). Any warranty will also be given by us and not by Apple.

• Protecting your personal information is important to us. The way we use your personal data which we collect from the App is explained in our ‘Privacy Notice’ at https://thedadpad.co.uk/privacy-notice/. We do not use any personal data we collect through your use of the App and the Services other than in the ways set out in our Privacy Notice.

• By using the App or any of the Services, you agree to us collecting and using technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app as outlined in our ‘Cookie Policy’ at https://thedadpad.co.uk/cookie-policy/.

• We will use location data from your devices to provide you with certain services. If you use the App, you agree that we and our partners (such as affiliates and licensees) may transmit, collect, retain, maintain, process, and use your location data to provide and improve location-based services.
• You can stop us from collecting such data at any time by turning off the location services settings on your device; however, once you turn the location services off, some services we provide through the App might not work properly (or not at all).

• This App may use the camera and other sensors on your device for you to enjoy our services.
• You are responsible for your safety, and the safety of others around you, while using the camera technologies and features. We recommend you to always check that the area around you is free from hazards and that your use of the App will not cause danger or disruption to other people.
• While enjoying the App, we recommend being mindful of your responsibilities, especially when the camera feature is in use.
• We are committed to maintaining a safe and respectful environment on our App. To ensure everyone’s privacy and safety, please refrain from posting explicit images or clear photos of your baby’s face.

• You will not, and will not attempt to:
  • copy, reproduce, publish, distribute, redistribute, broadcast, transmit, modify, adapt, alter, edit, abstract, store, archive, display publicly or to third parties, sell, license, lease, rent, assign, transfer, disclose (in each case whether or not for charge) or in any way commercially exploit any part of any Services;
  • permit any (direct or indirect) use of the Services (or any part of it) in any way by any other/ third party (including, without limitation, use it in connection with the internet or any timesharing or service bureau, software as a service, outsourced or other similar service or making any services (or any part) available to any third party);
  • create derivative works or improvements based on:
    • any software or applications used by or on behalf of us to provide the Services; or
    • the Services (or any part of it);
  • permit any Services or application(s) (or any part) to become incorporated into any other program or service or to be combined or merged with any other program;
  • attempt to reverse engineer, observe, study, or test the functioning of, decompile or otherwise derive or access the source code of the applications;
  • create any software that is substantially similar in its expression and use as the App;
  • remove, alter, obscure, translate, combine, supplement, or change any trademarks, terms, warranties, disclaimers, or Intellectual Property Rights, proprietary rights or other symbols, notices, marks, or serial numbers on or relating to the services;
  • use the Services (or any part of it) for any purpose other than the purpose of providing these Services;
  • release, publish or make available any results of its assessment of the Services (including, but not limited to, any data regarding availability, functionality, faults or performance) in any format, including screenshots, pictures or videos, publicly or to any third party;
  • use the Services (directly or indirectly) for any purpose or in any way that:
    • is unlawful under any applicable law (including, without limitation, all laws relating to privacy, data protection and use of systems and communications);
    • is in breach of this Agreement;
    • disrupts, disables, interferes with, or otherwise hinders the operation of the services (in whole or in part) in any way or the operations, business or systems of any person or entity;
    • infringes any Intellectual Property Rights (as defined in clause 17);
    • contains any virus, disabling code or malicious software (including, but not limited to, malware, trojan horses, ransomware, and spyware);
    • collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.
• You must not:
  • use the Services (directly or indirectly) to store, transmit or process in any way any data or User Data (as defined in clause 22) that:
    • is unlawful, obscene, indecent, threatening, harassing, racially or ethnically offensive, libellous, or defamatory; or
    • harms or may endanger any person, whether emotionally or physically;
    • can be perceived as slander, intimidation or bullying;
    • is unlawful, obscene, indecent, threatening, harassing, racially or ethnically offensive, libellous, or defamatory;
    • has an objective to extract personal information from a User, or interact with the Managed Community Group in a manner that is not in line with the purpose of being a supportive forum where kind advice and support are provided, such as but not limited to being aggressive to a user; judgemental comments and promoting products or services;
  • provided that nothing in this agreement excludes any of your rights under applicable law which cannot be excluded or limited by agreement.

• If you use our App in a way that breaks this agreement or the law, and this leads to legal claims or expenses for us (except those due to our own mistakes or negligence), you agree to cover those costs. This does not include any issues related to personal injury or death. We will do our best to notify you if such a situation arises.

• To use the App your device needs to comply with the following minimum requirements:
  • Device compatability: iPhone 6s and upwards
  • Operating system: Apple iOS v13.0+
  • Space: Apple iOS = 7MB

• If you need to get in touch with us, you can use any of the following methods:
  • Email: hello@thedadpad.co.uk
  • Twitter: @dadpaduk
  • Telephone: 07403 274757
  • Post: c/o Vivian House, Newham Road Road, Truro, Cornwall TR1 2DP
• If we need to get in touch with you, we will do so by email or an in-app notification.
• If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason. You acknowledge and agree that Apple has no obligation whatsoever to provide maintenance or support in respect of the App.

• We may update the App from time to time for any reason that includes fixing bugs or improving performance, functionality, reflect changes to the operating system or address security issues.
• We might also change or remove functionality, but if we do that, we will ensure that the App still meets the description provided to you when you downloaded the App.
• We may tell you beforehand if there is scheduled maintenance. However, you may not get any warning if the services go down due to emergencies or reasons beyond our control. No uptime is guaranteed.
• Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings, and the Apple store. We strongly suggest that you download all updates as soon as they become available to avoid being exposed to security vulnerabilities. Depending on the nature of the update, the App may not work properly (or at all). If you do not update the App to the latest version, and there is a security breach, we cannot be held responsible for any damages that might happen. 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 have the right to modify the features and functionality at any time but will not be under any obligation to do so.

• If we fail to comply with these terms, 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. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
• We are not responsible for any charges you may have to pay for using the internet on your device while using the App or Services.

• The App is for personal use ONLY. If you use the App 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.

• If the App damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you up to £500. This is the most we can offer based on what the App costs and its risks. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.
• 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.

• The App may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
• Such external services 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). Before using them, please make sure you have read and agreed to the terms on which they are being offered to you.
• You must not use external services in any way that:
  • is inconsistent with these terms or with the terms of the external service; or
  • 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.

• 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.

• In this Agreement Intellectual Property Rights means any and all copyright, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights, domain names and all similar rights and, in each case: whether registered or not; including any applications to protect or register such rights; including all renewals and extensions of such rights or applications; whether vested, contingent or future; and wherever existing.
• All Intellectual Property Rights in and to the Services (including, among other things, in all related documentation, Content and data other than User Data) belong to and will remain vested in us or the relevant third-party owner.

• We have designed this app full of general information to help guide you. However, please beware that nothing in this app is the same as personalised professional medical advice. You must always obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from the App or the Service or the Managed Community Groups. Even though we do our best to keep everything aligned with NHS-approved medical guidelines, the advice in our App is based on typical situations and your own circumstances might need a different approach. So, while we strive for accuracy and relevancy, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. If you choose to act based on the advice given on the App, you agree that it is at your own risk to do so.

• While we will do everything we can to make the App available 24/7, we cannot make any guarantees or promises beyond what’s permitted by law. This means we cannot promise that the App and the Services, from time to time:
  • will run without any interruption or error;
  • be available, up-to-date, or maintained;
  • work with specific software, hardware, or systems;
  • be completely secure;
  • always meet your needs (even if you’ve let us know what you need).
• All warranties, conditions, terms, undertakings or obligations (whether express or implied) and including, without limitation, any implied terms relating to quality, fitness for any particular purpose or ability to achieve a particular result are excluded to the fullest extent allowed by applicable law.

• We welcome your feedback and suggestions to improve our Services and App. When you share your feedback or suggestions with us, we might use them to enhance our Services, develop new features, or for other business-related purposes, all without any charge. You hereby assign (or will ensure the assignment of) all Intellectual Property Rights in the Feedback with full title guarantee (including by way of present assignment of future Intellectual Property Rights), and with waiver of all moral rights, to us at the time such Feedback is first provided to us.
• To respect your privacy, any feedback used in such a way will be made anonymous to protect your identity unless you make the feedback through Apple store or social media by choosing to reveal your identity. You may refer to our privacy notice for more information on how we secure your data.

• Services may include various sample data made available by us (the ‘Sample Data‘). Where such data is provided, references in this agreement to the Services will be read to include reference to the Sample Data.

• Services may permit you to input certain data (‘User Data‘). You acknowledge and agree that the Services are not designed or intended for use with production data, business data, confidential information, personal data, or any other data which may have value or pose any risk to you or any person or third party; and
• Subject to clauses 17 and 20, User Data will at all times remain your property or that of your licensors. You:
  • ensure that your Data does not include any personal data and special data (as defined by applicable data protection and privacy laws) or data that is confidential or needs to be kept secure, confidential, or free from loss, damage, destruction, corruption or unauthorised access or disclosure;
  • hereby grant us (and each of our direct and indirect sub-contractors) a royalty-free, non-exclusive, sub-licensable (including by multi-tier) licence to use, copy and other otherwise use all User Data on an aggregate basis, whether necessary to provide the Services, exercise our rights under this Agreement or sharing such anonymous, aggregate data in line with our privacy notice.
  • ensure (and are exclusively responsible for) the accuracy, quality, integrity, and legality of your User Data;
• We will have the right to permanently delete or otherwise remove, delete, or suspend access to any data and User Data and/or disclose User Data to law enforcement authorities at any time (in each case without the need to consult you).
• We are not required to store or retain any User Data during or after the use of Services;
• We will have the right to permanently delete or otherwise remove, delete, or suspend access to any data and User Data and/or disclose User Data to law enforcement authorities at any time (in each case without the need to consult you).
• We are not required to store or retain any User Data during or after the use of Services.

• We may monitor, collect, store and use any information in, about or relating to the Services or to User Data (including, without limitation, information on their performance and use) to monitor for or detect breaches of this agreement or errors and for the maintenance, development and improvement of our Services.

You will comply with all applicable export control laws that apply to the Services and your data. You will not export, access, use, transmit, or re-export, directly or indirectly, separately or as a part of a system, the Services or any data or User Data (or any part of it) in or to any country or territory for which an export licence or other approval is required under the laws of the United Kingdom the European Union or any of its member states or any other jurisdiction, without first obtaining all necessary licences or other approvals.

• In using our App, you acknowledge it features a Managed Community Group with private details. Should you mistakenly access personal information from this group, you agree not to share, distribute, or use that information, to alert us immediately, erase any copies, and to act diligently to maintain the privacy and security of our community.

• We can end this agreement if you do not comply with any part of it.
• We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, 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 Services and we may remotely limit your access to it;
  • you must delete it from any devices that it has been installed on;
  • we may delete or suspend access to any accounts that you hold with us.
• Termination or expiry of this Agreement will not affect any accrued rights and liabilities of either of us at any time up to the date of termination and some clauses will continue such as confidentiality and intellectual property rights.

• 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, your device, and the Apple store, 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 App due to a poor internet connection, faulty components in your device (such as a faulty camera), Apple store failure or anything else that it would not be reasonable to expect us to control.

• We may need to revise this agreement from time to time for any reason including to reflect changes in the App’s functionality, to deal with a security threat or if there is a change in the law or guidance.
• You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the App.

• This agreement is the only agreement between us and replaces all other agreements (including the previous versions) or promises made before about the same topic, whether they were written or spoken.

• No variation of this Agreement will be valid or effective unless it is made in accordance with this agreement or made in writing, refers to this agreement and is duly signed or executed by, or on behalf of, each party.

• We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
• You cannot transfer your rights under this agreement to anyone without our prior written consent.

• If any part of this agreement becomes illegal, invalid, or cannot be enforced, it will not affect the rest of the agreement. If a part of the agreement can be made legal, valid, and enforceable by changing or removing some words, it will be changed or removed so that it can be enforced.

• If one party (you or us) does not use their legal rights or powers or follow this agreement, it does not mean they are giving up those rights or powers, or that they can’t use them in the future. Also, if one party only uses part of their rights or powers, it does not stop them from using the rest later or using other rights and powers.

• No one other than us or you have any right to enforce any term of this agreement.

• 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.