These terms are a legal agreement between you, the person accessing the App (as defined below) and Anatomap Limited (a company registered in England and Wales with company number 12262876) (Anatomap, we, us and our).
The Injury Capture (IC) App creates a platform through which victims of violent crime and/or domestic violence (Victim) can self-report injuries and connects such Victims with the police and medical professionals.
Please be aware that by uploading Content (defined below) or any other personal details to the App (defined below), you are consenting to us sharing this with third parties, such as the Victim, police or medical professionals in accordance with our privacy policy available.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
We license you to use:
- IC mobile application or software, the website equivalent found at www.injurycapture.com/legal and the data supplied with the software (App) and any updates or supplements to it;
- the related electronic documentation (Documentation); and
- the service you connect to via the App and the content we provide to you through it (Services);
as permitted in these terms.
You provide us with content (including photographs, reports, statements and associated documentation) which is uploaded to the App (Content) which enables us to provide the Services.
2. DESCRIPTION OF THE APP
2.1. The App, any Services and any related Documentation are provided for general information purposes only. The information provided does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
3. YOUR PRIVACY
3.1. We only use any personal details we collect through your use of the App and the Services in the ways set out in our privacy policy.
3.2. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Once we have received your personal information, we put in place reasonable and appropriate controls to ensure that it remains secure against accidental or unlawful destruction, loss, alteration, or unauthorised access. As we collect your sensitive personal information as part of the App we apply a high level of security controls to protect all of your personal details.
4. INFORMATION YOU PROVIDE
4.1. Any Content, that you provide whilst accessing and using the App must be true, complete and, to the best of your knowledge, accurate. You also must not impersonate another person or misrepresent your identity.
4.2. When you consent to providing us with your personal details whether by uploading the Content to the App or otherwise, you also consent to us:
(a) sharing the Content and your personal details with third parties, such as the Victim, the police or medical professionals in accordance with our privacy policy;
(b) collecting, using and storing the Content and personal details in accordance with our privacy policy;
(c) storing the Content or any other personal details even after the Victim’s case is resolved or is no longer pursued for the periods set out in our privacy policy.
4.3. You you must have either the consent of the Victim to add their personal details to the App or have received a formal and valid request for such information from the police.
5. OTHER TERMS MAY ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by additional terms and conditions of the app store you downloaded the App from.
6. YOU MUST BE 13 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP
You must be 13 or over to accept these terms and download the App.
7. OPERATING SYSTEM REQUIREMENTS
The type of device and operating system required for this App can be found at Schedule 1.
8. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
If you want to learn more about the App or the Services or have any problems using them please take a look at our support resources at www.injurycapture.com/howtocapture or https://www.injurycapture.com/faqs
9. CONTACTING US (INCLUDING WITH COMPLAINTS)
If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email us at admin@anatomap.com.
10. HOW WE WILL COMMUNICATE WITH YOU
If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
11. HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
(a) download or stream a copy of the App onto any of the devices described in Schedule 1 and view, use and display the App and the Services on such devices for your personal purposes only;
(b) use any Documentation to support your permitted use of the App and the Services; and
(c) receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
12. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
12.1. We are giving you personally the right to use the App and the Services as set out above. You may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
12.2. By agreeing to these terms, you agree that you will keep your login details safe and you will not disclose them to any other party. You must not allow any other person to have access to your account and you must keep your username and password confidential.
12.3. If you think that there is a matter of urgency (e.g. if you think that someone has got access to your password) please contact us immediately.
12.4. We reserve the right to suspend your access to the App and/or the Services we provide if at any time we consider that there is or is likely to be a breach of security or your use of the App is in any way detrimental to us or anyone else.
12.5. We reserve the right to require you to change any or all of the passwords used by you in connection with the App and/or the Services that we provide.
12.6. Any breach of the rules above will lead to immediate termination of the account in accordance with these terms.
13. CHANGES TO THESE TERMS
13.1. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
13.2. We will give you at least 7 days’ 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.
13.3. If you do not accept the notified changes you will not be permitted to continue to use the App and the Services.
14. UPDATE TO THE APP AND CHANGES TO THE SERVICES
14.1. From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
14.2. 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.
14.3. The App will always match the description of it provided to you when you downloaded it.
15. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto 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, whether or not you own the phone or other device.
16. WE MAY COLLECT SPECIFIC DATA
16.1. If you have provided consent, we, our affiliates' and licensees' can do the following:
(a) transmit, collect, retain, maintain, process and use your location data to provide and improve location-based products and services;
(b) collect and use technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you;
(c) transmit, collect, retain, maintain, process and use the Content to test and improve the App and the Services provided such Content is pseudo-anonymised.
16.2. You can turn off location functionality at any time by turning off the location services settings for the App on your device although please note that this may impact your ability to use certain features within the App.
17. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
17.1. The App or any Service 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).
17.2. 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.
18. LICENCE RESTRICTIONS
18.1. You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
(b) not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except solely to the extent that such acts are permitted by law;
(e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
19. ACCEPTABLE USE RESTRICTIONS
19.1. You must:
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
(b) not change, modify, delete, interfere with or misuse data contained on this App and entered by or relating to any third party user of this App;
(c) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
(d) not upload, display or transmit any information and/or materials through this App which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world;
(e) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(f) 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.
20. INTELLECTUAL PROPERTY RIGHTS
20.1. We hereby grant to you, a non-exclusive, non-assignable, non-transferable and revocable license to use the App and the Services in accordance with these terms. This license does not constitute any limitation on Anatomap’s or our data sources’ right to freely use, develop, amend and to stop providing the App and/or any related products and services.
20.2. Anatomap and/or the third parties which we are cooperating with hold the full ownership and the intellectual property rights to the App, any Services and any Documentation. Unless you have received our express written consent, you have no intellectual property rights in or to the App, are not entitled to claim the ownership of, publish, copy, assign, transfer, license or otherwise dispose of the intellectual property rights to any part of the App other than to use the App in accordance with these terms.
20.3 We retain all right, title and interest including all intellectual property rights not otherwise granted to you under these terms, including the App, our systems, services and branding as well as any derivative works from them and you are not entitled to claim ownership of, publish, copy, assign, transfer, license or amend such content other than in accordance with the applicable license terms.
20.4. By using the App and/or the Services, you hereby grant Anatomap and/or the third parties which we are cooperating with a non-exclusive, transferable, assignable, royalty-free and worldwide licence to use the Content (as defined above) and any intellectual property in the Content for the purposes of providing the App and the Services.
21. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
21.1. 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.
21.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so which 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.
21.3. If defective digital content that we have supplied damages a 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.
21.4. The App is for the purposes of reporting and analysis of violent crimes and for your private use. You may not use the App for any commercial, business or resale purposes.
21.5. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
21.6. 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.
21.7. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
22. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
22.1. We may end your rights to use the App and Services 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.
22.2. If we end your rights to use the App and Services:
(a) you must stop all activities authorised by these terms, including your use of the App and any Services;
(b) you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this;
(c) we cease providing you with access to the Services;
(d) you acknowledge that we may continue to store the Content or any other personal details you upload to the App for the periods set out in our privacy policy available.
23. 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.
24. 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.
25. NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
26. IF A COURT FINDS PART OF THIS CONTRACT 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.
27. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, 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 contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
28. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the App or Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the App or Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the the App or Services in either the Northern Irish or the English courts.
29. ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Dispute Resolution Ombudsman via their website at www.disputeresolutionombudsman.org. Dispute Resolution Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
SCHEDULE 1
1. IOS
1.1. Type of device
(a) iPhone 5S;
(b) iPhone 6/6 Plus;
(c) iPad Mini 2;
(d) iPad Mini 3;
(e) iPad Air (2013);
(f) iPhone 6S and 6S Plus;
(g) iPhone SE;
(h) iPhone 7 and 7 Plus;
(i) iPhone 8 and 8 Plus;
(j) iPhone X;
(k) iPhone XS, XS Max and XR;
(l) iPhone 11, 11 Pro and 11 Pro Max;
(m) iPod Touch seventh generation;
(n) iPad Pro 12.9in first and second generation;
(o) iPad Pro 10.5in;
(p) iPad Pro 9.7in;
(q) iPad Pro 11in;
(r) iPad Air 2;
(s) iPad Air 3;
(t) iPad fifth generation;
(u) iPad sixth generation;
(v) iPad seventh generation; and
(w) iPad Mini 4.
1.2. Memory - Minimum of 1 GB.
1.3. Operating System - iOS/iPadOS Operating System 12 or newer
1.4. Additional Requirements
(a) access to the internet
(b) access to location services (optional)
(c) access to camera; and
(d) access to user photos (optional).
2. ANDROID
2.1. Type of device - any Android phone or tablet device.
2.2. Memory - Minimum of 1 GB.
2.3. Operating System - Android operating system 5.0+
2.4. Additional Requirements
(a) access to the internet;
(b) access to location services (optional);
(c) access to camera; and
(d) access to user photos (optional).
3. WEB BASED
3.1. The App is supported by the following browsers:
(a) Chrome 58 (Jan 17);
(b) Edge 14 (Aug 16);
(c) Firefox 54 (Mar 17);
(d) Safari 10 (Jul 16); and
(e) Opera 55 (Aug 18).