1. Health Liability

Using our Services is voluntary and at your own risk.

We provide educational material and suggestions based on national guidelines and population averages, which are not tailored to individuals or intended as direct advice.

The Platform does not create a physician-patient relationship, and you should consult a doctor before making changes if you have pre-existing medical conditions, are over 70, pregnant or nursing, or if making a lifestyle change could endanger your health. If you feel unwell, consult a doctor.

Our Platform is not approved as a medical device and is not intended to diagnose, treat, cure, or prevent any disease or condition.

We do not provide any warranty or representation with respect to the merchantability, fitness, or suitability of the Platform for treating any medical condition.

 

Curb's Platform is not a medical device and cannot diagnose, treat, cure, or prevent any disease or condition. We provide no warranty or representation as to the suitability of the Platform for treating medical conditions. The Platform has not been approved or evaluated by the UK Medicines and Healthcare products Regulatory Agency for medical purposes. To reduce clinical risks, Curb uses clinical risk management processes,  overseen by Dr. David McLaughlan (david@curb.health).

 

2. Requirement for using Curb

To use our Platform, you must be 18 years old or older, and by using it, you confirm that you meet this requirement. If we receive a report at team@curb.health that a child is using our service, we will close the account and advise that the service is not accessible to children. Some parts of the Platform may have additional eligibility criteria, and we will inform you if this is the case. You are responsible for meeting all minimum eligibility criteria before registering, and by registering, you confirm that you meet them.

 

3. Registering with Curb

 

To use the Curb Platform, you must download the App and complete the registration process to set up an account.

You can register on our App or on one of our registration webpages and provide accurate and complete contact information, including your name and email address.

Registration is a one-time process.

We may conduct identity and creditworthiness checks by consulting credit reference agencies, which you agree to by accepting these terms.

You are solely responsible for your use of any Service, and we strictly prohibit abuse.

We reserve the right to disable your Account at any time if we believe you have violated any part of these Terms.

 

4. Our services

 

Curb offers digital coaching services on our Platform to help individuals change harmful habits (our "Services").

We guarantee that our Services will meet the relevant description and be provided with reasonable care and skill.

Our subscription options allow you to access the Service for the duration of your choice.

Additionally, we collaborate with healthcare and employer providers who may cover the cost of the Service for a specified period (such as 6 or 12 months), meaning you will not have to pay for Curb.

5. Subscription Setup

 

For FREE users (i.e. if the service is set up by your healthcare provider or employer):

 

Once you have registered your account with us, you may log in to the app and no payment method will be requested. You will have free access for a specific time period, such as 6 or 12 months.

 

For Paying subscribers:

 

After registering with us, you can order our Services by selecting a subscription period option and following the prompts on the screen.

 

Your order will be confirmed when you click on the "Pay Now" or "Subscribe" button on the subscription page in the app. This will make you obligated to pay for the Services.

 

We will send you an acknowledgement of your order, but it doesn't guarantee acceptance. We have the discretion to decline any order for any reason.

 

If we accept your order, we will confirm it with an Order Confirmation email.

 

Additional information for paying subscribers:

 

If this is your first subscription with Curb, you may cancel within the first 14 days (the "Trial Period"). After that, your subscription will automatically renew when the current subscription period ends unless you cancel before the renewal date (see Subscription cancellation), or you don't have a paid subscription (for example, you are using a gift voucher or your healthcare provider has offered you an account), or we are no longer offering the service, in which case we will inform you.

 

The new subscription period will be the same as the previous subscription period (unless you have changed your subscription period prior to your renewal date).

 

6 Payment processes

You may be invited to sign up to use Curb for free, through a partner of Curb, such as a GP/primary care clinic, a university, a charity, or your employer. When this is the case, the details of the free access, including the duration of free access (usually 3 or 6 months), will be stated clearly on the signup page. No payment will be taken in this case.

If you have any queries about your free membership, please contact us anytime using jo@curb.health.

For subscribers who use the Apple App Store or Google Play store subscription functions:

 

Payment for subscription orders is processed through these stores. Your card issuer will validate the payment transaction, and we are not responsible if your card issuer declines the payment for any reason. Your card issuer may also charge you an online handling or processing fee, which we are not responsible for.

 

If you incur any additional charges for optional extras or usage (in accordance with our charging method as set out on the Platform), these charges will also be added to your account.

 

You are responsible for all charges to your account, and if you have any questions about them, you should contact us.

 

If you do not pay the charges you owe us on time (including if any correct charge to your credit or debit card is not authorized), we may suspend or terminate your access to any Service. We reserve the right to pursue any available legal remedy to collect the amount owed by you. However, charges will continue to be incurred until the account is closed.

 

For Apple/Google subscribers, if there is an incorrect or changed price:

 

The charges for Services are listed on the Platform and include VAT. We may change the charges at any time, but any changes will not affect orders that have already been confirmed with an Order Confirmation.

 

Although we make every effort to ensure that the Services listed on the Platform are correctly priced, errors may occur. If a Service's correct charge is lower than the stated charge, we will charge you the lower amount. If a Service's correct charge is higher than the stated charge, we may reject your order or contact you for instructions.

 

7. Consumer cancellation rights (for paid subscribers)

 

 If you sign up for a subscription, you have the right to cancel the contract within 14 days of the trial period without any charges. However, if you don't cancel before the trial period ends, you authorize the company to charge you the agreed-upon price each subscription period until you cancel.

 

To cancel the contract, you can inform the company through email, completing and submitting the cancellation form available on the platform, or canceling your subscription directly in Apple or Google Play subscriptions. This section does not affect your legal rights.

 

8. Subscription cancelling (for paid subscribers)

 

 If you do not want your subscription to automatically renew, you must update your subscription renewal settings at least 1 day before the renewal date. If you fail to do so, charges may continue until the end of the following subscription period, and it is your responsibility to inform the company before renewal.

 

Under normal circumstances, you cannot cancel your subscription before the end of the current subscription period, except for cases where the Services you subscribed to become unavailable or are materially reduced and not fixed within seven days, or when the company makes changes to the terms, services, or prices that you do not agree with.

 

In any of these cases, you can inform the company that you wish to cancel your subscription. The company may offer you a partial refund of the advance charges you have already paid at its discretion.

 

9. Defective Services

 

Additionally, if any services you order are defective and do not comply with the requirements of the contract, you may have legal remedies available to you, depending on when you make the company aware of the problem. You should inform the company as soon as possible, preferably in writing, giving your name, address, and order reference. This section also does not affect your legal rights.

10. Our refunds policy
This section explains the company's refunds policy for paid subscribers. If you cancel a contract and are eligible for a partial or full refund, the company will process the refund as soon as possible, but no later than 14 days after you notify them of the cancellation. Note that if the company has not yet taken payment for the relevant subscription period, there will be nothing to refund.

 

If you received any discounts when you made your purchase, any refund will only reflect the amount you actually paid. Refunds will be made using the same payment method that you used for the original purchase unless agreed otherwise.

11. Changes to the Terms, Services and prices

 

The company may make changes to the terms, services, or prices from time to time. If they do, they will not significantly reduce the type or level of service you receive for a Service you have already paid for unless necessary for security, legal, or regulatory reasons. They will also not increase the charges you are required to pay unless permitted under section 6 (Payments) above.

 

The company will give you as much notice as reasonably possible of significant changes so that you may accept the changes or cancel your Service subscription without penalty. If you do not accept the changes, you can terminate the terms within 30 days after the changes take effect, or before the date the changes come into effect (as communicated by the company). If you do not cancel your subscription or continue to use the service for 30 days after the changes, this will be taken as acceptance of the changes.

 

The company may need to temporarily modify or discontinue any part of the Platform from time to time, with or without notice, for example, to release new features. If you continue to use the service for 30 days after such changes, this will be taken as acceptance of the changes.

12 - Suspension and Termination of Service

We reserve the right to temporarily suspend all or part of the Services or the Platform, with or without prior notice, to carry out repair or maintenance work or to update or upgrade any content, features, or functionality.

 

We may terminate any Contract, or suspend and/or terminate any Services and/or your use of your account, with or without prior notice if:

● You breach any of these terms;

● You fail to pay any correctly billed charges when due; or

● You become insolvent or make a composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.

 

In case of a breach of these terms, we may take any necessary action as deemed appropriate. Such actions may include, but are not limited to:

● Issuing a warning to you;

● Immediate, temporary or permanent removal of any content submitted by you;

● Immediate, temporary or permanent withdrawal of your right to use any Services;

● Legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach;

● Disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary, and/or

● Any other action we deem appropriate.

 

If your account or any Contract or Services end for any reason (including if you cancel or do not renew your Services subscription in accordance with these terms):

● All rights granted to you under these terms will immediately cease;

● You must promptly discontinue all use of the relevant Services; and

● You must pay us all outstanding amounts that you owe us.

 

You may delete your account at any time with at least 5 days' notice, but you must notify us if you wish to do so (see Contacting us), and this will not cancel any subscription you have already paid for. Please note that account deletion and Apple and Google Subscriptions are not directly linked, and you must cancel directly with Apple or Google if you wish to cease subscription payments.

13. Our commitment to you

 

We confirm that we have the legal right to enter into these Terms and provide the Platform and Services as described in these Terms. We promise to offer the Platform and Services with reasonable care and skill, and in line with industry standards.

We will not knowingly introduce any viruses or other malicious software into our Platform, and will use industry-recognized security software to detect their presence. We will also comply with all applicable laws in force.

 

However, we cannot guarantee that the Platform will meet your specific requirements, operate uninterrupted, be timely or error-free, or that the results you obtain from the Services will be accurate or reliable.

 

If you breach any of these Terms, your rights under them will be immediately terminated. We may also disable your Account if we determine that you have not complied with these Terms or if any information you provided during registration is false.

14. Your commitment to us

You are responsible for ensuring that your equipment, such as computers, laptops, tablets, or other mobile devices, meets the necessary technical specifications to access and use our Platform. Our Platform is designed to work best with iOS 10.0 or Android 5 and above. You are responsible for your Account and all activities that occur under your Account.

 

You agree that you will:

 

✔ Only use the Platform for non-commercial use and only in accordance with these Terms.

 

✔ Be responsible for the accuracy of the information you provide to us and keep it up to date.

 

✔ Keep your log-in information confidential and not share it with anyone else.

 

✔ Only use our Platform and anything available from Curb for lawful purposes (complying with all applicable laws), in a responsible manner, and not in a way that might damage our name or reputation.

 

✔ Prevent any unauthorised access to, or use of, the Platform or any related documentation (for example, someone else using your Account). If any unauthorised access or use (or other security breach) does occur, you will inform Curb as soon as possible.

 

✔ Retrieve and display content from the Platform on a computer or smartphone screen, print and copy individual pages, and subject to the next section, store such pages in electronic form. Additional terms may apply to certain features, parts, or content of the Platform and, where they apply, will be displayed on-screen or accessible via a link.

 

Except to the extent specifically set out in these Terms, you agree that you will not:

 

❌ Access or attempt to access any Services which you have not purchased or subscribed to, or otherwise circumvent security or interfere with the proper working of Curb, our Platform or the hosting servers we use.

 

❌ Modify another website or application to falsely imply that it is associated with us.

 

❌ Impersonate any person or entity, or otherwise misrepresent your relationship with any person or entity (including in any User Content).

 

❌ Remove or change any content of the Platform, Services or any material provided or made available by or on behalf of Curb to you.

 

❌ Create links to the Platform from any other website without our prior written consent, although you may link from a website that you operate so long as:

 

— The link is not misleading or deceptive and fairly indicates its destination.

 

— You do not imply that we endorse you, your website, or any products or services you offer.

 

— You link to (and do not frame or replicate) the home page of the Platform.

 

— The linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive, or which infringes on the intellectual property rights or other rights of any third party.

 

❌ 'Scrape' content or store Curb content on a server or other storage device connected to a network, or create an electronic database by systematically downloading and storing all of the content of Curb or our Platform.

 

❌ Hack, adapt, create copies, create derivative works, reverse engineer, decompile, disassemble or modify Curb or our Platform in whole or in part, except as permitted by law.

 

❌ Interfere with or disrupt the provision of any Service or use any Service in a way that interferes with anyone else's use of any Service.

 

❌ Breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights).

 

❌ License, sell, lease, transfer, assign, distribute, display, disclose, or otherwise exploit, or otherwise make the Platform and/or any associated documentation available to any third party.

 

❌ Further any criminal or fraudulent activity.

 

❌ Breach any other acceptable use guidelines that we may issue from time to time.

 

User Content

As a user, you may have the ability to upload and communicate content to other users or publicly on our platform, which we refer to as User Areas. We do not actively moderate or control the content submitted to these User Areas, and any opinions expressed within User Content belong solely to the author and not to us.

 

We reserve the right to delete, edit, or modify any User Content at our sole discretion and without prior notice to you. It is your responsibility to ensure that any User Content you submit is relevant and on-topic for the User Area and complies with our rules and regulations.

 

You must not submit any Prohibited Content, which includes content that infringes on the rights of others, is defamatory, obscene, discriminatory, false, misleading, or violates any applicable laws or regulations. You must also refrain from submitting unsolicited advertising, marketing, promotional material, or any form of spam, as well as any virus or other destructive code.

 

If you have any concerns about User Content, please contact us. By submitting User Content, you agree to allow us to use and reproduce it to improve our services. You also grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, perform, and display the User Content in any form, media, or technology. Additionally, you waive any moral rights you may have in the User Content.

 

If we wish to use User Content in a way that identifies you, we will ask for your permission first.

 

15. External Links

Occasionally, we may provide links to external websites, including those of our affiliate partners, which may lead to third-party e-commerce sites, offers, and promotions.

These links are provided to offer you access to information, products, or services that may be of interest or use to you.

However, we cannot be held responsible for the content of these external sites or any products or services provided by them.

We cannot guarantee that these external links will be available continuously. These links do not imply any endorsement or association with the operators or promoters of the external sites.

We may also maintain profiles or groups on social media platforms, which are subject to the terms and privacy policies of those platforms. Please refer to these external sites for additional information.

 

16. Ownership of Intellectual Property

All intellectual property rights pertaining to any content on the Platform, including text, graphics, software, photographs, images, videos, sound, trademarks, and logos, belong to us or our licensors.

Other than what is expressly stated in these Terms, you do not acquire any ownership rights in any intellectual property owned by us or our licensors by downloading content from the Platform.

You are not permitted to print, copy, store, or reproduce any pages from the Platform (in part or in full) without our express prior permission.

If you print, copy, store, or otherwise reproduce pages from the Platform (only as permitted by us and in accordance with these Terms), you must ensure that any copyright, trademark, or other intellectual property right notices contained in the original content are also reproduced.

17. Our liability

 

We will be liable to you for certain matters as set out in these Terms. These include death or personal injury caused by our negligence, fraudulent misrepresentation, breach of the Consumer Rights Act 2015 or the Consumer Protection Act 1987, or any other liability that cannot be limited or excluded by law.

 

However, if you are a consumer (not a business customer), we will not be liable for any business losses. If you are a business customer, we will not be liable for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill, or other similar losses. In any case, our liability for any losses you suffer in connection with a Contract will not exceed the purchase price of the relevant Services, and will be limited to losses that were reasonably foreseeable.

 

We will not be liable for any failure to perform or delay in performance of our obligations under any Contract if such failure or delay is caused by events beyond our reasonable control.

 

Except as expressly provided in these Terms, we make no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose, or originality of any content on the Platform or Services. To the fullest extent permitted by law, all implied warranties, conditions, or other terms of any kind are hereby excluded, and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Platform or Services or relying on any of its content.

18. Other legal points

 

● You may not transfer or assign any of your rights or obligations under any Contract without our prior written consent.

● All notices that you send to us must be in writing and sent to the address provided at the end of these Terms. We may send notices to you either by email or postal mail, using the email or postal address that you provided when placing an order.

● If we fail to enforce any of our rights under these Terms, that does not constitute a waiver of those rights.

● If any provision of these Terms is found to be unenforceable, that provision will be deemed severed from these Terms and the remaining provisions will remain in effect.

● These Terms may not be amended except with our express written consent.

● These Terms, together with any documents referred to in them, constitute the entire agreement between you and us regarding your Subscription. By law, we are required to inform you that contracts for Subscriptions can only be concluded in English, and there are no public filing requirements.

● These Terms are governed by English law, but if you are a consumer (not a business user) residing in an EU country other than England (including Scotland or Northern Ireland), you may have additional mandatory laws that apply to you, in addition to or instead of certain provisions of English law.

● Any dispute between you and us relating to these Terms or your Subscription will be resolved exclusively by the English courts, unless you are a consumer residing in an EU country other than England (including Scotland or Northern Ireland), in which case you may choose to bring legal proceedings in your own country or in England.

● If you are in the EU, you can use the European Online Dispute Resolution platform (http://ec.europa.eu/consumers/odr/) to seek alternative dispute resolution.

● Failure to comply with these Terms may result in the following risks:

 

Accessibility issues: The Curb Platform strives to be compliant with WCAG 2.0 Level AA accessibility guidelines and ISO 9241, and welcomes feedback from users about how to improve accessibility. Please send any feedback or questions to team@curb.health.

Technical issues: If you encounter a bug or technical issue, please report it to the Curb team at team@curb.health. We aim to respond to bug reports within 48 hours on weekdays.

Downtime: If the service experiences downtime due to technical issues, we aim to have the service back up and running within 24 hours, and we achieve this over 90% of the time.

 

19. Updates to the Terms

We reserve the right to change these Terms from time to time by changing them on the Platform.

These Terms were last updated on 26 December 2023.

20. How can you contact Curb?

If you have any questions about the Terms, our Platform or our Service, please contact us at team@curb.health.