SystmConnect Privacy Policy

SystmConnect Privacy Policy

The Phoenix Partnership (Leeds) Ltd (“TPP”) are committed to protecting and respecting your privacy. TPP has developed SystmConnect to provide improved access to Healthcare Organisations. 

In addition to SystmConnect TPP provides software products to healthcare organisations involved in your care. These healthcare organisations are responsible for how your information is used and are the Data Controller for the data they collect about you. The Data Controller determines what information is collected and how it is used.

To provide SystmConnect and the associated services, we must process information about you. ‘Processing’ for the purposes of this notice covers a very broad range of activities, including using, transferring, storing and even deleting data. Please read the following carefully to understand and how we will treat your personal data.

This privacy policy (together with the terms and conditions for using our website and End User Licence Agreement) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

Please note that some of our other products or services, such as Airmid, Brigid and Airmid Cares, will have their own privacy policies that will apply in place of this policy. By using the website, our services and/or contacting us you are accepting and consenting to the practices described in this policy including the collection, use and transfer of the relevant data described below.

1. Personal Information

The following information is used by us in order to provide SystmConnect and associated services:

Information you give us:

You may provide us with information through your use of the SystmConnect Website including Personal Data and Special Categories of Personal Data. This includes:

  • personal information that we ask for to submit online requests (such as your name, gender, date of birth, NHS number and phone number/email address);
  • demographic, medical and lifestyle information that you add using SystmConnect;
  • information in or about the content you provide (e.g. metadata), such as the date and time when information is added
  • information you provide to us via the website, our services, a telephone call, email or any other messaging facility.

Information we collect from you:

We may collect information from your use of SystmConnect including:

  • Device and Connection information, such as the type of device, operating system, platform, mobile network information and phone number; Connection information such as the name of your mobile operator or ISP, browser type and version, browser plug-in types and versions, language and time zone, mobile phone number and IP address;
  • Usage Information and automatic activity tracking, such as how and when you use the service and what content and functionality you access;
  • Location information, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals, when location services settings are activated;
  • Information from partner apps and websites that use the service, such as information collected by us when you visit or use third-party apps and websites that use our services;
  • Information about transactions made on using SystmConnect.

Information we receive from other sources.

NHS Notify:

“We may send you communications relating to your health and care on behalf of your healthcare provider through the NHS Notify Service. The NHS Notify Service is provided by NHS England. For further information see the NHS Notify transparency notice: https://digital.nhs.uk/services/nhs-notify/transparency-notice“

NHS login:

Please note that if you use your NHS login details to access our service, the NHS login identity verification services are managed by NHS England. NHS England is the controller for any personal information you provided to NHS England to create your NHS login account and verify your identity, and uses that personal information solely for that purpose. For that personal information, our role is a processor only and we must act under the instructions provided by NHS England (as the “controller”) when verifying your identity. Click here to see NHS login’s Privacy Notice and Terms and Conditions. This restriction does not apply to the personal information you provide to us separately.

2. Uses of personal information

We use the personal information that we collect (subject to choices you make) for the following purposes:

  • To provide our services to you and your healthcare provider
  • To personalise features and content, services or suggest additional functionality that you may find helpful. In order to create personalised services that are unique and relevant to you, we use:
    • Information on how you use and interact with the SystmConnect and services;
    • Location-related information – such as your current location, where you live, the places you like to go, and the locations, organisations and people you’re near (location-related information can be based on things such as precise device location (if you’ve allowed us to collect it), IP addresses and information from your use of the App).
  • To improve our services and to ensure that content is presented in the most effective manner for you and for your device.
  • To allow you to participate in any interactive features of our services, when you choose to do so.
  • To help us keep SystmConnect safe and secure. We use the information that we have to verify accounts and activity, combat harmful conduct, detect and prevent bad experiences, maintain the integrity of the services, and promote safety and security.
  • For internal operations, including troubleshooting, data analysis, testing, research, statistical purposes;

Information we receive from other sources.

We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason that is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

3. Use of non-personal information

We also collect anonymised data in a form that does not allow identification of you:

  • To monitor usage and collect usage statistics for product research and development including but not limited to how the services are being used. We use the information to develop, test and improve SystmConnect and associated services, including by means of conducting surveys and research, and testing and troubleshooting for existing and new products and features.

4. How your data is processed

The data that you enter using SystmConnect will be visible to the Healthcare Organisation offering this service to you. This data will be incorporated into your medical record (which may then be shared by them with other organisations directly involved in your care).

Disclosure of your information

We may disclose or share your personal data if we are under a duty to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of TPP, our customers, or others. We remain responsible for those third parties and it is our responsibility to ensure that they use any of your personal data that we make available to them correctly and in accordance with our instructions and the law.

An example of a legal obligation would be if a court ordered us to disclose information; in a similar way the government can issue orders that require information to be shared.

If our ownership or control of all or part of our services transfers to a new owner, we may transfer your personal information to the new owner. If this happens, the new owner will be obligated to continue to treat such personal data on the terms set out in this Privacy Policy and inform you of their ownership.

We do not use or disclose your information to anyone except as described in this Privacy Policy.

5. Our legal basis for processing data

We act as data processor for the data that your care organisation asks you to enter into SystmConnect. For example, responses to health related questions.

In addition we act as Data Controller for the information we collect from you (see section ‘Information we collect from you’ above).

We collect, use and share data that we have in the ways described above:

  • As necessary to comply with our legal obligations which may be expressed in written contractual agreements;
  • To protect your interests, or those of others;
  • As necessary in the public interest; and
  • As necessary for our (or others’) legitimate interests unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data. Legitimate interests may include;
    • providing an innovative, personalised, safe and profitable service to our users and partners;
    • carrying out and/or testing our services, processes and policies;
    • following guidance of government and regulatory bodies;
    • audit purposes to ensure (amongst other things) we are responding where necessary and providing an effective business model;
    • market research and statistics.

6. Data Retention

Any data, including images, that you successfully share to your patient record will be retained until it is no longer necessary for the provision of care or is deleted by the Data Controller (whichever comes first). All other data will be retained until it is no longer necessary for the provision of care or you request its deletion (whichever comes first). This will be in line with the latest Records Management Code of Practice produced by NHS England as implemented by your healthcare provider.

Personal information that has been deleted may persist in our backup systems, but will not be readily accessible. Our services also use encrypted backup storage as another layer of protection to help recover from potential disasters. Data can remain on these systems for up to 6 months. When TPP delete data, we follow a deletion policy to make sure that your data is safely and completely removed from our servers.

7. Your Rights

You have specific rights under the Data Protection Act 2018 and the GDPR.

How can you exercise your rights provided under the GDPR?

Under the General Data Protection Regulation, you have the right to access, rectify, port and delete your data.

You also have the right to object to and restrict certain processing of your data. This includes:

  • the right to object to our processing of your data for direct marketing;
  • the right to object to our processing of your data where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party.
  • the right to have your data amended if it is inaccurate. You can find more information about your rights on the Information Commissioner’s Office website – please see https://ico.org.uk/for-the-public/

Please be aware that information recorded by you and added to the healthcare record of another party (your healthcare provider) remains their responsibility (as they are the data controller) and so you will need to direct any request regarding your rights under GDPR to them.

8. Information Security

We make it a priority to provide strong security and give you confidence that your information is safe. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. We use strict procedures and security features in accordance with best industry practice and standards. We store all of your information on secure servers and our security measures are to the standards set by the UK National Cyber Security Centre.

All TPP employees, contractors, and agents are subject to strict contractual confidentiality obligations and may be disciplined or prosecuted or their employment terminated if they fail to meet these obligations. We restrict access to your personal information to only those who need that information in order to process it.

Unfortunately, if you are accessing the website from a mobile device, the transmission of information via your device is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

9. Contact

If you have any concerns please contact our Data Protection Officer (DPO) and data protection team:

By post – TPP House, 129 Low Lane, Horsforth, Leeds, LS18 5PX
By email – dpo@tpp-uk.com

TPP is registered with the Information Commissioner’s Office (ICO), which regulates data protection in the UK, and our registration number is Z1927388.

You can raise a complaint with the Regulator here: https://ico.org.uk/make-a-complaint/

We will investigate and attempt to resolve any data privacy objections and complaints relation your details provided in accordance with the above and make reasonable effort to allow you to exercise your rights as quickly as possible and within the timescales provided by data protection laws.

10. Changes to our privacy policy

Our privacy policy may change from time to time. We will post any privacy policy changes on the website. Please check the website frequently to see any updates or changes to our privacy policy.

If you continue to use SystmConnect following notice of the changes to the Privacy Policy, it constitutes your acceptance of the updates.

11. SystmConnect Deletion Policy

In this policy, any references to data ‘deletion’ mean data being ‘put beyond use’, a process that is recognised by the Information Commissioner’s Office (ICO) as a form of data deletion. Please see the ‘Beyond Use’ section at the end of this Deletion Policy for more details.

This Deletion Policy explains how data can be removed or deleted. We process all requests for deletion in accordance with the GDPR and the Data Protection Act 2018, and with guidance provided by the Information Commissioner’s Office. Personal information is retained by us until it is no longer necessary for the provision of the App or our services to you, or until you request its deletion (whichever comes first).

Data Deletion

We recognise there are certain circumstances where you may request that we delete the data we hold about you as Data Controller in accordance with the below principles. These are listed below:

  • If we deal with your personal information in violation of laws and regulations;
  • If our handling of your personal information is a serious breach of our agreement with you;
  • If we permanently no longer provide you with products or services.

Deletion Principles

  • By requesting data that you have entered to be deleted, you understand this will mean that the data will no longer be accessible,
  • The data in scope for deletion by us is personal data entered by you and associated metadata as defined in ‘Information we collect from you’ above.
  • The data outside the scope for deletion is;
    • Data you have added in response to a request from a health or care provider
    • Data shared to your healthcare organisation and entered into your medial record;
  • Any in-scope data will be deleted by it being put beyond use.
  • Any requests for deletion of out-of-scope data will need to be raised with e the health or care provider who holds your medical record.
  • Following deletion, we will no longer be able to assist you with access to such data and all processing activities by us shall cease.
  • We will not charge a fee for reasonable deletion requests but may charge a fee for repeated requests that exceed reasonable limits, as appropriate.

Beyond Use

Putting your data ‘beyond use’ ensures that your data cannot be retrieved in a useable format or reconstituted, and is a method of deletion recognised by the ICO. This means that your data cannot be used in any manner that affects you, or informs any decision made in respect of you. Data that is put beyond use cannot be used for marketing or other commercial purposes. The data is placed in a secure, locked down state. No further processing activities (including accessing, viewing or sharing data) will be performed by us on the data unless in furtherance of a Court Order or other legal instrument.

To be clear, we will not give any other organisation access to your personal data and we surround the personal data with appropriate technical and organisational security.

Circumstances where we may be unable to complete the request for deletion:

We may reject requests for deletion that require disproportionate technical measures (for example, the need to develop new systems or fundamentally change existing practices), that pose risks to the legitimate rights and interests of others, or that are unrealistic.

We will not be able to respond to your request in the following circumstances, as required by laws and regulations:

  • Related to national security and defence security;
  • Related to public safety, public health, major public interests;
  • Related to crime investigation, prosecution, trial and enforcement of sentences, etc.;
  • Where there is sufficient evidence to show subjective malice or abuse of rights;
  • If the response to your request will cause you or other individuals, organisations of the legitimate rights and interests serious damage;
  • Involving trade secrets

SystmConnect Terms and Conditions and End User Licence Agreement (EULA)

SystmConnect Terms and Conditions

Please read these licence terms carefully

By selecting the “I agree” button you agree to these terms of use which will bind you.

If you do not agree to these terms of use, you will not be permitted to use SystmConnect.

1. Introduction – who we are and what this agreement does

We, The Phoenix Partnership (Leeds) Ltd (“TPP”), provide the healthcare organisation you are registered with the product called SystmConnect. To provide you with some background, SystmConnect supports the way that your healthcare provider provides care for you. By allowing you to seek help from your healthcare provider on a mobile device or PC, SystmConnect increases efficiency and makes it easier to record accurate information on the move. The information you enter in SystmConnect flows into and becomes part of your electronic medical record maintained by your healthcare provider.

Acceptance of these Terms and Conditions, including EULA, mean we license you to use:

A. SystmConnect, the data supplied with the software, and any updates or supplements to it
B. The related online/electronic documentation
C. The service you connect to via SystmConnect and the content we provide to you through it as permitted below.

The way we work is straightforward; we’re here to provide you with suitable tools to help you receive the best healthcare services, and we will always strive to provide the best possible experience. We hold ourselves to the highest legal and ethical standards.

2. Your privacy

We understand how important privacy is to you. Please take time to read the Privacy Policy as it is important you know how data is being used.

We do our best to keep SystmConnect safe and secure but we cannot guarantee it, please be aware that your use of the App is at yours and our Customer’s own risk.

3. How you may use SystmConnect

In return for you agreeing to comply with these terms you may:

  • Use SystmConnect to communicate with your healthcare provider.
  • Use any Documentation to support your permitted use SystmConnect.

4. Capacity to accept these terms of use

You must be 16 years or over unless your healthcare provider has agreed that you can use SystmConnect at a younger age.

By using the App you warrant that you have full capacity and authority to agree to these terms and to perform the obligations.

5. Costs

SystmConnect is purchased for the benefit of you via our customer agreement with your healthcare provider. Your access and licence to use SystmConnect has been granted subject to an existing and valid customer agreement. Please also be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.

6. You may not use SystmConnect to impersonate someone else

You undertake to use SystmConnect for your personal use only, or when acting for another person you make this clear to the healthcare provider.

7. Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features or changes to features which we introduce.

If you do not accept the notified changes, you will not be permitted to continue to use SystmConnect.

Your continued use of SystmConnect, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

8. Update to SystmConnect and changes to the service

We may automatically update SystmConnect from time to time and change the service to improve performance, enhance functionality, introduce additional functionality, reflect changes to the operating system or address security issues.

9. If someone else owns the phone or device you are using

If you use SystmConnect on any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms of Use, the End User Licence Agreement (EULA) and policies or guidelines whether or not you use your own phone or other device. You should be aware that information that you enter may be recorded onto the device you are using and take steps to erase any such data.

10. We may collect technical data about your device

By using SystmConnect, you agree to us collecting the data and using technical information about the devices you use SystmConnect on and related software, hardware and peripherals to improve our products and to provide any Service to you.

11. Licence restrictions

You agree that you will:

  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of SystmConnect nor attempt to do any such things,
  • not copy SystmConnect to create any software that is substantially similar in its expression to SystmConnect;

12. Acceptable use restrictions

You must:

  • not use SystmConnect in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into SystmConnect;
  • not infringe our intellectual property rights or those of any third party in relation to your use of SystmConnect;
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of SystmConnect;
  • not use SystmConnect in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not 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.

13. Intellectual property rights

Within SystmConnect and associated Documentation containing proprietary and confidential information we own copyright and other intellectual property rights (IPR), including all right, title and interest in and to SystmConnect and associated documentation and content, excluding content provided by you, that may be presented or accessed through SystmConnect including without limitation all Intellectual Property Rights therein and thereto.

You are not permitted to copy, distribute or make any business use of SystmConnect or Documentation, or any Intellectual Property Rights therein.

For your information, “Intellectual Property Rights” means all intellectual and industrial property rights of any kind whatsoever, including any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

14. Our responsibility for loss or damage suffered by you

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, fraud or fraudulent misrepresentation or for any loss or damages suffered by data subjects for breaches of applicable data protection legislation.

We respect your rights to have your personal data stored securely. However, we are not liable for loss or unauthorised access to your data where you have not followed our guidance or terms or where the data has been accessed, manipulated or damaged via your device.

15. Other limitations to SystmConnect

You acknowledge that SystmConnect has not been developed to meet your individual requirements, including any particular requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of SystmConnect meet your requirements.

We only supply SystmConnect and Documentation for internal use by your healthcare organisation, and you agree not to use the aforementioned for any re-sale purposes.

Although we make reasonable efforts to update the information provided by SystmConnect and Documentation, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

We are not responsible for events outside our control and we are not liable for delays. If our provision of SystmConnect or support for SystmConnect is delayed by an event outside our control then we will take steps to minimise the effect of the delay.

Except as expressly stated in these Terms of Use, all warranties and conditions concerning SystmConnect and documentation (including any failure to supply or delay in supplying these) whether express or implied by statute, common law or otherwise (including but not limited to the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose, the use of reasonable care and skill or non-infringement of third party intellectual property rights) are hereby excluded to the fullest extent permitted by law.

16. We may end your rights to use SystmConnect and the services if you break these terms

We may end or suspend your rights to use SystmConnect and documentation at any time by contacting you if you have broken these Terms of Use. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end or suspend your rights to use SystmConnect:

  • You must stop all activities authorised by these Terms of Use, including your use of SystmConnect and documentation;

17. We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms of Use to another organisation. We will inform you if this happens and we will ensure that the transfer will not affect your rights under these Terms of Use.

18. No rights for third parties

These Terms of Use do not give rise to any third party rights to enforce any term herein.

19. If a court finds part of these terms of use illegal, the rest will continue in force

Each of the paragraphs of these Terms of Use 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. Furthermore, to the fullest extent permissible, we will replace any illegal, invalid or unenforceable provision of these Terms of Use with a valid provision that corresponds as much as possible to the spirit and purpose of the illegal, invalid or unenforceable provision.

20. Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing these Terms of Use, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking these Terms of Use, it 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.

21. Which laws apply to these terms of use and where you may bring legal proceedings

These Terms of Use are governed by the laws of the United Kingdom and you can bring legal proceedings in respect of the products in the courts of England and Wales.

Patient End User Licence Agreement

This End User Licence Agreement (the “EULA”) is entered into between “You” (being an individual, usually a patient of the healthcare provider, or other entity) and The Phoenix Partnership (Leeds) Ltd (the “Licensor”).

Notice: By using SystmConnect (the “Software”), you accept and undertake to be bound by all the terms and conditions of this EULA. The Licensor may change the terms and conditions of this EULA from time to time and without notice and it is the your responsibility to check for the latest version.

1. Licence

1.1 Upon acceptance of this EULA, the Licensor grants to you a limited, non-exclusive, revocable, non-transferable and non-sublicensable licence (the “Licence”) to use the Software in accordance with the terms of this EULA.

1.2 The License given pursuant to this EULA is without prejudice to any additional user policies, rules or instructions which may be supplied with or in relation to the Software or published by the Licensor from time to time. You hereby agree to comply with all such policies, rules or instructions and failure to do so shall be deemed to be a material breach of this EULA.

1.3 The Licensor reserves the right to amend the terms of the License given to you pursuant to this EULA. The new terms shall supersede the terms of the original License and shall thereafter be deemed to be binding and enforceable.

2. Terms of use

2.1 Use of the Software shall be restricted to use in object code form for the purpose of delivering and/or receiving health and/or care related services (as applicable).

2.2 You may not use the Software other than as specified in the Terms and Conditions of Use and this EULA without prior written consent of the Licensor.

2.3 You shall take such action as is reasonable to prevent use of the Software other than by authorised users, and shall notify the Licensor immediately of any unauthorised use which comes to its attention.

2.4 You shall use the Software only in accordance with any operating requirements or Terms of Use as provided by the Licensor from time to time.

2.5 You shall not use the Software in an unlawful manner or any manner that could damage, disable, overburden, or impair the Software (or servers or networks connected to the Software), nor use the Software in any manner that could interfere with any other party’s use of the Software (or servers or networks connected to the Software). You may not use the Software to transmit any material that is defamatory, offensive or otherwise objectionable.

2.6 By using the Software, you consent to having their personal data collected and processed by the Licensor in the United Kingdom. If functionality within the Software requires data to be processed outside of the United Kingdom, you shall be notified and will have to consent to this processing prior to accessing this functionality.

2.7 Except as expressly stated in this EULA, you have no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Software in whole or in part and in particular shall not delete or amend or conceal any product identification, proprietary, intellectual property notices including copyright notices or other marks on or within the Software.

2.8 You shall not separate the component parts of the Software for use on more than one computer or device, or for any other purpose as the Software is licensed.

2.9 You shall not:

2.9.1 sub-license, assign or novate the benefit or burden of this licence in whole or in part;

2.9.2 allow the Software to become the subject of any charge, lien or encumbrance;

2.9.3 deal in any other manner with any or all of its rights and obligations under this EULA;

without the prior written consent of the Licensor, such consent not to be unreasonably withheld or delayed.

2.10 You shall keep the Software confidential and not disclose the same to any third party, nor permit any third party to use the same, nor use it for the purposes of any third party.

2.11 You shall not use any information provided by the Licensor to create any software whose expression is substantially similar to that of the Software nor use such information in any manner which would be restricted by any copyright subsisting in it.

2.12 You shall immediately give notice to the Licensor in the event that it becomes aware of any infringement or suspected infringement of the Licensor’s Intellectual Property Rights and for any breach or suspected breach of this EULA.

2.13 You indemnify the Licensor and its officers, employees and agents against any claim, damages, expenses, liabilities and loss of any kind from any third party howsoever arising from your use of the Software.

2.14 You hereby agree not to use the Software in an emergency situation;

2.15 You hereby agree to acknowledge that your healthcare provider can only read and respond to requests during the time they choose;

2.16 You hereby agree to contact your healthcare provider by phone if you haven’t received a response in the timeframes specified by your healthcare provider; 

2.17 You hereby agree to contact your healthcare provider by phone if your condition is changing;

2.18 You hereby agree to use a secure and updated web browser when accessing this Software

2.19 You hereby agree to maintain the security of your own systems (including, using up to date firewalls and other anti-virus protections)

3. Intellectual property ownership

3.1 You acknowledge that the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and the Licensor owns all right, title and interest in and to the Software and content, excluding personal data entered by you, that may be presented or accessed through the Software, including without limitation all Intellectual Property Rights therein and thereto.

3.2 “Intellectual Property Rights” means all intellectual and industrial property rights of any kind whatsoever including any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

4. Termination

4.1 The Licensor shall have the right to terminate this EULA forthwith by updating this notice in the event that you challenge or do anything incompatible with the Licensor’s Intellectual Property Rights in the Software.

4.2 Any termination of this EULA shall also terminate the License granted hereunder.

4.3 Termination of this EULA, for any reason, shall, subject to the other provisions of this clause 4, be without prejudice to the rights and liabilities of either party which may have accrued on or at any time up to the date of termination.

5. Warranties

5.1 The Licensor warrants that it is the lawful owner of the legal title to the Software and/or that it has the lawful right to transfer or grant licence to the Software.

5.2 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

5.3 You warrant to use the Software responsibly and comply with the Terms of Use in clause 2 of this EULA.

6. Disclaimer

6.1 Except as expressly set forth above, the Licensor provides the Software “as is” and expressly disclaims all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. The Licensor does not warrant that the Software will operate uninterrupted or error-free or that errors will be corrected. In addition, the Licensor does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.