Terms and Conditions

End User Licence Agreement

This end user licence agreement (the Agreement) is entered into between you (whether an individual or an entity) and Hope Care, S.A. (Hope Care) regarding the use of the software called ‘HCAlert’, which may include user documentation provided online or in electronic format (the Software). The end user acknowledges that this agreement is entered into between you and Hope Care and not with any other hardware manufacturing company, namely Apple Inc. or any of its affiliates (collectively, hereinafter “Apple”), Hope Care being solely responsible for the content of the Software. Any other computer program provided with this Software that is separately associated with an end-user licence agreement is licensed to you under the terms and conditions of that end-user licence agreement.

1. Licence Grant.

Hope Care grants you a limited, non-exclusive, personal, revocable, non-sublicensable, and non-transferable licence to install and use one (1) copy of the specified version of the Software solely for your personal informational and educational (and non-commercial) purposes, subject to your payment of the applicable licence fees and your compliance with the terms and conditions of this Agreement. You may install one (1) copy of the Software on any iPhone, iPod Touch or iPad (collectively, the ‘Mobile Device’) that you own or control and as permitted

by Apple’s ‘App Store Terms and Conditions’ available at www.Apple.com. The Software is licensed, not sold, and Hope Care and/or its licensor(s) retain ownership of the Software. All rights not expressly granted in this Agreement are reserved by Hope Care. You may not make the Software available over a network where it can be used by multiple computing devices, whether fixed or mobile, at the same time.

2. Ownership and Intellectual Property.

The Software is owned by Hope Care and is protected by Portuguese copyright laws and international treaties. Hope Care owns and retains all rights, titles and interests, including patents, trademarks, copyrights, trade secrets and other intellectual property rights in and to the Software, including, but not limited to, images, photographs, animations, themes, titles, characters, video, audio, music and text incorporated or contained therein. You may make one copy of the Software solely for backup or archival purposes, provided that the copy you make contains all of the Software’s proprietary notices unaltered and unobstructed and if they refer to Hope Care or its licensors. If this Software contains user documentation that is provided only ‘online’ or in electronic format, you may print one (1) copy of the documentation for backup or archival purposes.

You may not copy the printed materials accompanying the Software for any purpose other than those mentioned herein. Nothing in this Agreement shall be construed as granting any title or intellectual property rights in and to the Software, except for the limited licence mentioned above.

3. Restrictions.

You may not rent, lease or grant a security interest in the Software, but you may transfer your rights under this Agreement on a permanent basis, provided that you transfer this Agreement, the Software and all accompanying printed materials without retaining any copies and that the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile or disassemble the Software, except to the extent that the foregoing restriction is expressly prohibited by applicable law. You may also not modify, distribute, copy, adapt, translate or create derivative works based on the Software and all accompanying materials.

4. Termination.

This Agreement is valid for an unlimited period, unless and until terminated in accordance with this section. You may terminate this Agreement at any time by destroying all copies of the Software and all of its components. Without prejudice to any other rights it may have, Hope Care may terminate this Agreement upon written notice if you fail to comply with the terms and conditions contained herein, in which case you must immediately cease use and destroy all copies of the Software and all of its components.

Hope Care may also terminate this Agreement at any time for convenience by giving you written notice.

5. Updates.

This licence is limited to the version of the Software installed and does not include subsequent versions, upgrades, updates, modifications, or revisions. However, Hope Care may develop, create, or issue updates to the Software when necessary. At its sole discretion, Hope Care may make updates available to end users who have registered with Hope Care and paid all update fees.

6. Maintenance.

Subject to applicable laws, Hope Care, at its sole discretion, may provide maintenance and support services for the Software. You hereby agree with Hope Care that Apple has no obligation to provide any maintenance and support services with respect to the Software.

7. Health & Medical Information Disclaimer

The Software is not a substitute for healthcare professionals and is not intended to provide medical advice. The Software is provided for personal education, informational, and convenience purposes only and should not be used to direct the care of individual patients. The Software is general in nature and is in no way intended to be a substitute for a medical examination or professional medical advice, medical opinion, diagnosis or treatment, symptom assessment, health advice, or medical opinion for users.

The Software is limited to providing end users with access to health and other stored information and may be used as a means of renewing certain prescription medications. Always seek the advice of a suitably qualified and regulated healthcare professional with any questions you may have regarding a specific medical condition that transcends their specific scope of regulated practice or professional competence. Never disregard or delay seeking professional advice because of something you have read or seen in the Software. Reliance on any information provided in the material is solely at your own risk, and the end user assumes full responsibility for the use of the information.

8. No Warranties.

The Software is provided without any additional warranty. The user assumes all risks and responsibilities for choosing the Software to achieve the desired results and for the installation, use, and results obtained from the software. Hope Care does not guarantee that the software is error-free or free from interruption or failure. To the extent permitted by law, Hope Care disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability for a particular purpose, to the software and accompanying written materials. However, if there is a failure of the Software to conform to the applicable warranty, you may notify Apple,

and Apple will refund you the purchase price of the Software. To the maximum extent permitted by applicable law, Apple shall have no other warranty obligation with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall be the sole responsibility of Hope Care.

9. Limitation of Liability.

The end user assumes the entire cost of any damage caused by the use of the Software and the information contained or compiled therein. To the extent permitted by law, in no event shall Hope Care be liable for any damages, including, without limitation, damages for loss of data, damage to equipment, hardware or Software failure or other financial loss, arising out of the use or inability to use the Software, even if such party has been advised of the possibility of such damages. Hope Care does not warrant or represent that the information or functions contained in the Software will meet your requirements. Hope Care also does not warrant that all software errors, defects or inefficiencies will be corrected, nor does it assume any responsibility for the lack of support services and for correcting any error, defect or inefficiency. Under no circumstances shall Hope Care be liable for any indirect, special, incidental, or consequential damages suffered by the end user or third parties, including or arising from this agreement.

Hope Care shall not be liable to the end user for damages in excess of the amount paid for the Software.

10. Privacy

The Software helps you keep track of your health measurements and notes. As such, the data collected is stored via Secured Socket Layer Protocol. Your data is also sent using a unique key identifier, not your login credentials. The data on your device is only accessible to you, however, the data can be accessed by your healthcare professional. The healthcare institution or healthcare professional initially sent you an invitation to download HCAlert. Hope Care reserves the right to change its Privacy Policy at its sole discretion without specific notice other than posting the update on its website. Furthermore, Hope Care shall not be liable for any loss, damage, or expense resulting directly or indirectly from changes to its Privacy Policy. Each time you use the Software, you agree to the collection and use of your personal information in accordance with Hope Care’s Privacy Policy. The end user acknowledges that third parties, including Apple, may collect, use or disclose your personal information when using your mobile device or other Software, and that such collection, use or disclosure is subject to the privacy policy of such third parties.

11. Technical Requirements

The end user is responsible for: (a) selecting the Software to achieve their desired results; (b) obtaining, provisioning, configuring, maintaining, paying for, and protecting against loss and damage all equipment and services necessary for the installation and use of the Software and all data used in association with the Software; (c) preparing a safe and suitable location for the installation and use of the Software; (d) the use, installation, implementation, and operation of the Software and the results obtained; (e) scanning for and preventing the receipt and transmission of viruses, Trojan horses, worms, or other destructive or disruptive components; and (f) maintaining a complete and current backup and archive copies of all data contained on your iPhone, iPod, or iPad Touch prior to installing or using the Software.

12. Compliance with applicable laws

The end user assumes the obligation to comply with and ensure that the use of the Software complies with all applicable laws, including, without limitation, all laws relating to data privacy, international communications, and the export and transmission of technical data and other regulated materials. The user represents and warrants that (i) they are not located in a country that is subject to a Portuguese or US Government embargo, or that has been designated by the US Government as a state sponsor of terrorism; and (ii) they are not listed on any US Government list of prohibited parties.

In addition, the Software may be accessed from, displayed on, or linked to from an iPhone, iPod Touch, or iPad, and is not available in all languages or in all countries. Hope Care does not warrant that such Software is appropriate or available for use in a particular location. To the extent that the end user chooses to access such Software, they do so on their own initiative and are responsible for compliance with all applicable laws, including but not limited to applicable local laws. Hope Care and its licensors reserve the right to change, suspend, remove, or disable access to the Software at any time without notice. In no event shall Hope Care be liable for the removal or deactivation of access to such Software.

13. Indemnification

The end user and all persons represented by them shall indemnify, defend and hold harmless Hope Care and its authorised advisers, directors, employees, agents, successors and assigns from and against any and all claims and proceedings directly or indirectly arising out of, connected with or relating to: (a) the use of the Software; or (b) any negligence, misconduct or breach of this Agreement by you. In this Agreement, ‘Claims’ means third party claims, counterclaims, complaints, demands, causes of action, liabilities, obligations, damages, legal fees, costs, expenses and disbursements, including, without limitation, legal fees and court costs, of any nature or type.

In this Agreement, “Claims” means third-party claims, counterclaims, complaints, demands, causes of action, liabilities, obligations, damages, legal fees, costs, expenses and disbursements, including, without limitation, legal fees and court costs, of any nature or type, whatever and however arising, known or unknown, whether in law or in equity or under a contract, extra-contractual or statute, and whether in any court of law or equity or before any arbitrator or other body, board or tribunal; and ‘Proceedings’ means third-party actions, suits, proceedings and hearings of any nature and kind, in any court of law or equity or before any arbitrator or other body, board or tribunal.

14. Third-party claims

The end user agrees, together with Hope Care, that in the event of any third-party claim that the Software or the possession and use of such Software infringes the intellectual property rights of a third party, Hope Care, not Apple, shall be solely responsible for the investigation, defence, settlement and execution of any intellectual property infringement claim.

You also agree with Hope Care that Apple is not responsible for resolving any claims by end users or third parties regarding the Software or your possession and/or use of such Software, including, but not limited to: (i) product liability claims; (ii) any allegation that the Software does not comply with all applicable legal or regulatory requirements; and (iii) allegations arising from consumer protection or similar legislation.

15. General.

(a) This Agreement constitutes the entire agreement between you and Hope Care and supersedes any other communications or advertisements regarding the Software.
(b) If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remainder of this Agreement shall remain in full force and effect.
(c) Hope Care may assign this Agreement and its rights and obligations without your consent or the consent of any persons you represent.
(d) This Agreement is governed by the laws of the Portuguese Republic applicable therein, without reference to conflicts of law principles. Each party hereby irrevocably submits to the exclusive jurisdiction of the courts of the District of Lisbon, Portugal, and further agrees to bring any litigation that may arise hereunder in the courts located in the District of Lisbon, Portugal.

(e) You agree with Hope Care that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this Agreement, Apple shall have the right (and shall be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
(f) The parties hereby agree that this Agreement and its associated documents are drawn up in Portuguese and English. The End User Licence Agreement in its original English form shall prevail.

16. Contact Information

If you have any questions, complaints or claims regarding this Agreement or the Software, or if you wish to contact Hope Care for any reason, please contact:
Hope Care, SA
Óbidos Technology Park
Rua da Criatividade, Edifícios Centrais,
2510-216 Óbidos
Telephone: 262 108 540
Email: geral@hope-care.pt

06/04/2020