1. Information about us and our app

    1. Okina is a personal wellness companion that empowers you to beat burnout, build resilience and live a fulfilled life. The app is a private space, designed to help you feel more in control, more self-aware and more supported, week to week, month to month. In Okina we've brought together the latest psychology research to offer a new way of measuring, understanding and improving mental wellness.
    2. The App is provided by People Matter Technology Limited (we or us). We are registered in England and Wales under company number 11172525 and our registered office is at 1a Kingsbury's Lane, Ringwood, Hampshire, United Kingdom, BH24 1EL.
    3. We license you to use the App and any associated software and data, and any updates or supplements to the App, as permitted in these terms and conditions.
  2. Information about these terms

    1. These terms and conditions (Terms) govern the provision of the App by us and how you can use it.
    2. We may change or update these Terms at any time and will notify users by emailing you, to the email address that you provided to us at registration, in relation to any such change or update. Any changes or updates will be effective immediately on sending the email. Your continued use of the App constitutes your acceptance of Terms as modified. If you do not accept the changes you will not be permitted to continue to use the App.
  3. Apple App Store and Google Play terms also apply

    1. The ways in which you can use the App may also be controlled by the applicable app store's rules and policies. The app store terms of service are available here: https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html and https://play.google.com/about/play-terms/index.html. Where there is a conflict between those rules and policies and any of the provisions of these Terms, the app store's rules and policies will prevail and the conflicting provision of these Terms will fall away. For the avoidance of doubt, the remaining provisions of these Terms will remain in full force.
  4. Your privacy

    1. We use any of your personal data that we collect through your use of the App in the ways set out in our privacy policy.
    2. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
  5. Licence

    1. We are giving you personally the right to use the App as set out in these Terms. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free.
  6. Licence restrictions

    1. You agree that you will:
      1. not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
      2. not copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
      3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App to be combined with, or become incorporated in, any other programs, except as necessary to use the App and on devices as permitted in these Terms; and
      4. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
    2. You agree that if you sell any device on which the App is installed, you will remove the App from it, prior to selling.
  7. Intellectual property rights

    1. All intellectual property rights in the App throughout the world belong to us and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these Terms.
  8. How you may use the App, including how many devices you may use it on

    1. In return for your agreeing to comply with these terms you may:
      1. download or stream a copy of the App onto your device and view, use and display the App on such devices for your personal purposes only; and
      2. 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.
    2. 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.
  9. Acceptable use restrictions

    1. You must:
      1. not use the App 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 or any operating system;
      2. not infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these Terms);
      3. not transmit any material that is defamatory, offensive, confidential or otherwise objectionable in relation to your use of the App;
      4. not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security; and
      5. 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.
  10. Your account

    1. You must ensure that only you use your account and you must not disclose your login details to any other person. You are responsible for keeping your login details safe and secure.
    2. We have the right to disable or delete your account at any time if in our reasonable opinion, you have failed to comply with any of the provisions of these Terms; have otherwise misused the App; if we reasonably believe disabling or deleting your account is necessary to protect us; or if you terminate your employment with the employer that has made the App available as a benefit.
    3. If you know or suspect that anyone other than you knows your login details, you must promptly notify us by emailing us at support@peoplematter.tech or by using any of the contact methods escribed in clause 16.2 below. You are able to reset your password yourself at any time by clicking the link under the settings tab. We will send a one-time URL to your registered email address which will direct you to the password reset form.
    4. We reserve the right to disable or terminate your account if you have failed to log into your account for a period of one hundred and twenty (120) days. We will notify you by email in advance of disabling or terminating your account.
  11. Your content

    1. You can share content and information on the App by downloading any of your reports and sharing them offline. You should note that no other user of the App can access your profile or data contained within it, unless you allow your Measures Scores to be anonymously shared. If you allow your Measures Scores to be shared, this will only be done so in an anonymised way, so your employer will not know which score belongs to which employee. You can turn this option on and off at any time in the Settings tab of the App.
    2. Any content you upload to the App will be considered confidential. You retain all of your ownership rights (such as copyright) in your content, but you grant us a perpetual, non-exclusive, royalty-free, worldwide, sub-licensable, irrevocable licence to use, store and copy that content and to distribute and make it available to third parties for the purposes of providing the App.
    3. When you upload content to the App, you must ensure that any contribution:
      1. is accurate and up-to-date and is not in any way misleading;
      2. is not unlawful, defamatory (whether of us, the App or any other third party), malicious, harassing, abusive, fraudulent, obscene, confidential or otherwise objectionable (as reasonably determined by us);
      3. does not promote violence, sexually explicit material, illegal activity or discrimination of any kind;
      4. does not contain any viruses, bugs or other malicious code;
      5. does not infringe another person’s rights, including intellectual property and privacy rights; and
      6. is not threatening or abusive, and does not cause annoyance, alarm, embarrassment or distress to any other person.
    4. If the content you upload contains personal data about another individual, it is your responsibility to ensure that you have the required authority to share that data.
    5. If you upload content about another person (for example, a comment about that person), you must make sure that person is happy for you to do so and you must tell them that the information about them will be treated in accordance with our Privacy Policy.
    6. You agree that any content you upload or contributions you make comply with the standards above and you will be liable to us for any reasonable financial loss which we incur as a result of your failure to comply with those standards.
    7. We have the right to remove any content you upload to the App or to delete or suspend your account if, in our opinion, that content does not comply with the standards above.
  12. You must be at least 13 years old to accept these terms and use the App

    1. You must be at least 13 years old to accept these terms and use the App.
  13. We may end your rights to use the App if you break these Terms

    1. We may end your right to use the App at any time by contacting you if you have broken any of these Terms. If what you have done can be put right we will give you a reasonable opportunity to do so.
    2. If we end your rights to use the App:
      1. You must stop all activities authorised by these Terms, including your use of the App.
      2. 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.
      3. We may remotely access your devices and remove the App from them and cease providing you with access to the App.
  14. Operating system requirements

    1. This App requires either an Apple or Android Smartphone to run.
  15. We may collect technical data about your device

    1. By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products.
  16. Support for the App and how to tell us about problems

    1. If you want to learn more about the App or have any problems using it please take a look at our support resources at www.peoplematter.tech.
    2. If you think the App is faulty or misdescribed or you wish to contact us for any other reason please contact our customer services team at the following email address - support@peoplematter.tech.
    3. If we have to contact you we will do so by email, using the contact details you have provided to us.
  17. Update to the App

    1. From time to time we may automatically update the App 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.
    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.
  18. Suspending or withdrawing the App

    1. The App is made available on an "as is" and "as available" basis.
    2. We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. We may modify, suspend, discontinue, withdraw or restrict the availability of all or any part of the App at any time without any liability to you. We will try to give you reasonable notice of any suspension or withdrawal.
  19. We are not responsible for other websites

    1. The App may contain links to other independent websites and resources which are not provided by us. These links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
    2. These 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).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.
  20. Indemnification

    1. You will be liable to us and our subsidiaries, affiliates, officers, agents and employees for any losses we incur as a result of any breach, by you, of these Terms. This includes without limitation, any damages we pay to a third party where that third party brings a claim against us as a result of your misuse of the App.
  21. Our responsibility for loss or damage suffered by you

    1. Subject to clause 22.2 below, our total liability to you in contract, tort (including negligence) breach of statutory duty or otherwise, arising under or in connection with these Terms, shall not exceed £1,000.
    2. 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 or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    3. We are only responsible to you for foreseeable loss and damage caused by us. 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 this contract 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 agree to these Terms, both we and you knew it might happen.
    4. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, the App or your use of or reliance on any content in the App.
    5. 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, subject to clause 22.1. 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.
    6. Please note that we only provide the App for domestic and private use. You agree not to use the App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    7. The App is provided for informational purposes only, and does not offer medical advice or any other advice on which you should rely. We are not responsible for the consequences of any actions you take, or do not take, in reliance on any of the information on the App. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App.
    8. 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.
    9. 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.
    10. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the app store site) meet your requirements.
    11. If our provision of support for the App 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. General

    1. Force Majeure
      We shall not be in breach of these Terms nor liable for any delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
    2. Assignment and other dealings
      1. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
      2. 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.
    3. Waiver
      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.
    4. Severance
      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.
    5. Entire Agreement
      Except where otherwise provided in these Terms, these Terms constitute the entire agreement between you and us, and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and undertakings between them, whether written or oral, relating to their subject matter.
    6. Third party rights
      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.
    7. Governing Laws and Jurisdiction
      These Terms are governed by English law and you can bring legal proceedings in respect of them in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.
Last updated on 29th May 2020.