TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PHWL PLATFORM.

These are the Terms of Use ("Terms") which cover the use of the Reflexivity programme. The Reflexivity programme is available through an online platform which assists individuals in managing challenges and building emotional resilience through reflection (the "Services"). The platform can be accessed via a web-based application or through web addresses.

Please note that we give you access to the Services as part of our contract with your employer (the "Customer"). If the Customer terminates the contract with us, your access to the Services will terminate.

These Terms set out what we are delivering and what you can reasonably expect from us as part of Services. Please take a few moments to read our Terms. By using, registering or logging in to use the Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use our Services.

Who are we?

We are Productive Healthy Work Lives Limited, a company incorporated in Scotland (registered number SC701833) with its registered office at Suite 2, Orchard Brae House, 30 Queensferry Road, Edinburgh, EH4 2HS ("PHWL", "We", "Us" or "Our").

Who can access the Services?

Where a Customer has engaged us to provide the Services, any individual employee over the age of 18 can access the platform and the Services. You should not use our Services if you are below this age.

To access the Services, You must create an account with us ("Account"). If you are not an administrator of the Customer, your Account will be created by the Company's administrator for you.

Licence to use the Services

Subject to You complying with Your Obligations below, We grant you a free licence to use and access the Services for the duration of our contract with the Customer and as long as You have an Account with Us during that period. This licence is non-exclusive, revocable, world-wide and non-transferable and is exclusively for personal and private use only. Nothing in these Terms will transfer any rights in the Services.

LIMITATIONS

Please note that the Services and the Reflexivity programme are designed to assist you with reflection and managing challenging situations. Outcomes are provided for general information purposes only and We are not responsible for the accuracy, reliability, effectiveness or correct use of any information You receive through the Services. It is not intended to be a substitute for professional medical advice or treatment. The Services will not provide medical advice, diagnosis or treatment and it is Your responsibility to consult with Your healthcare provider where appropriate or in relation to any medical condition.

Please note that we give you access to the Services as part of our contract with your employer (the "Customer"). If the Customer terminates the contract with us, your access to the Services will terminate.

Who are we?

Who can access the Services?

To access the Services, You must create an account with us ("Account"). If you are not an administrator of the Customer, your Account will be created by the Company's administrator for you.

Licence to use the Services

LIMITATIONS

Data (including personal data)

When You register for an Account, and use our Services, we will collect and process Your personal data. This will be held within the Platform and Your Account. We collect and process this information as part of the contractual arrangement we have with the Customer. Access to responses and outputs will be limited to You through Your Account. Your responses and data input will never be shared with the Customer.

We will share limited data with the Customer so they can understand the uptake in the Services, including your name and general usage data. We will never share your responses and inputted data with the Customer.

Your Obligations

You must keep your account details safe
You shall keep your Account and password secure for use of the Services and not permit any third party entity (or representative of such entity) to use the account which is created to access the Services.
If You know or suspect that anyone other than You has accessed your Account or knows your user identification code or password, You must promptly notify us at support@phwl.ai.
Network Connections
Access to the Services will require a compatible device with an internet connection. You are solely responsible for ensuring Your network connections and telecommunications links from your systems to the Services and we are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
You are responsible for configuring Your information technology, computer programmes and platform to access the Services. You should use Your own virus protection software.
Additionally, You acknowledge that the Services may be accessible worldwide, but this does not mean all elements are available in Your country or that user-generated content available via the Services is legal or available in Your country. Access to the Services (or certain features therein) may be blocked by us or foreign governments if required under applicable law.
How you may use the Services
You must not access or use the Services for any purpose that is unlawful or prohibited by law or these Terms. You must not misuse our Platform by knowingly introducing viruses, or other material that is malicious or technologically harmful. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. You must not attempt to gain unauthorised access to the Platform, or any system, server, cloud system, computer or database connected to the Platform.
Information on the Platform
You understand that parts of the Services are generated using Artificial Intelligence. We are constantly working to improve our Services to make them more accurate, reliable and beneficial. Given the probabilistic nature of machine learning, You acknowledge that Services may contain errors or inaccuracies.
When you use our Services you understand and agree:
- Any output may not always be accurate and You should not rely on any output from our Services as a sole source of truth or factual information, or as a substitute for professional advice; and
- You must evaluate any output for accuracy and appropriateness for your use case.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Services. This includes using (or permitting, authorising or attempting the use of):
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Platform or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
Uploading Data
You are solely responsible for the quality and accuracy of any data and/or content that You upload. As part of Your use of the Services, You may submit or make available certain content, information and data and You are responsible for any such information uploaded. The responses from the Services will improve in accuracy the more detail you include. We do not knowingly collect health information from You. Where You upload responses and data, we acknowledge there may be some inferences about Your health which can be made. We apply appropriate technical security measures to protect and data input on the Platform.
You should only upload or input information or data that You own or have the right to use. You may not imply that data uploaded by You are in any way sponsored or endorsed by us.
You shall not create a false identity or submit inaccurate, false or misleading information.
We shall be entitled, on a perpetual and irrevocable basis, to use anonymized data that are created as part of the normal operation of the Services, to train the Reflexivity programme and to creating anonymized data sets for the purposes of its own research, analysis and developing and improving the Services, and We shall own all right, title and interest in such data sets.
Other restrictions
You shall not at any time duplicate, copy or use the Services for any purposes other than as expressly authorised under these Terms of Use, and You shall not attempt (or encourage or support others' attempts) to reverse engineer, disassemble or decompile the Platform or adapt, correct or alter the Platform in anyway.

Our Rights & Obligations

The Services (and data within the Services) are provided on an 'as is' basis. We make no guarantees or warranties regarding the performance of the Services and all implied warranties and conditions are excluded to the fullest extent permitted by law.

In particular:

We do not guarantee that the Services, or any content on it, will always be available or be uninterrupted. The performance of the Services is variable; it might run slow from time to time.
We do not guarantee that the Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Services.

We may make changes to these Terms

These Terms may be updated or amended from time to time and each customer is encouraged to check these Terms regularly to ensure they understand the terms that apply. Where there is a material change to the Terms (including any obligations on a customer), we will notify through your Account.

We may make changes to our Services

We may update and change our Services from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our Services

We may suspend or withdraw or restrict the availability of all or any part of our Platform or Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We also have the right to suspend access to or disable Your account, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of these Terms.

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 the contract.

Liability

We do not exclude or limit in any way our liability for:

death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; or
any other loss which cannot be excluded by law.

Otherwise, your use of the Services is entirely at Your own risk. To the fullest extent permitted by law we will not be liable for any loss or damage (including any loss of data), however caused (including through negligence), which any person or entity may directly or indirectly suffer in connection with or arising from Your use of this Services or Your use of or reliance on information contained on or accessed through the Services.

Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services (including in relation to text, graphics, logos, icons, sound recordings, software and source code). You shall not acquire in any way any rights of ownership in such or intellectual property rights. We hereby grant to you a non-transferable, non-exclusive, revocable licence to use our Platform to receive the Services in accordance with these Terms. Your right to use such intellectual property is limited to the extent that such use arises automatically in the use of the Services in accordance with these Terms.

You retain all of Your ownership rights in the data You upload through Your Account, but we are entitled to access and use the information You provide to us through Your Account in order to provide services or comply with our obligations under these Terms. You hereby grant us a royalty-free, non-transferable, non-exclusive licence to use, disclose, modify, copy and other otherwise utilise such content to the extent necessary to for us to comply with our obligations under these Terms, or to enhance features or fix bugs within the Services.

Termination

These Terms shall apply from creation of the Account and run until terminated in accordance with the following provisions.

Until you notify the Customer that you want to close Your Account;
Where the Customer ends the contract with Us (and Your Account shall automatically close);
Where you are in breach of these Terms.

On termination of these Terms, your access to the Account shall automatically terminate and you shall no longer have any access to the Services. You are responsible for ensuring you have copies of any necessary data within Your Account prior to termination. After termination, we shall be entitled to archive and/or delete any data stored in Your Account.

Breach of these Terms

When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

immediate, temporary or permanent withdrawal of Your right to use the Services, including termination of Your Account.
issue of a warning to You.

These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scottish law. We both agree to the exclusive jurisdiction of the courts of Scotland.