Last updated 11/05/23
Terms of Service for Users
We are The Four Pillars Of Wellbeing Ltd, trading as Asciana ("Asciana", “we” or “us” and that includes any of our group companies from time to time, who we act as trustee for in respect of the Terms). The following Terms of Service and any documents referred to below (all such terms and documents together referred to as the "Terms") govern the legal relationship between you and Asciana in relation to your use of our mobile app, the Asciana App currently accessible from Apple iOS and Google Android (the "Mobile App") (the Web App and Mobile App together being the “App” and all as further defined below) and any updates to those. Please note that the relevant Platform’s terms and conditions also apply to your use of the App (the “Platform Terms”). Platform is defined below. If there is any conflict between these Terms and the Platform Terms, these Terms shall prevail.
Our App uses gamification and behavioural psychology to guide the Users (defined below) on a journey of self actualisation by improving their wellbeing. Please see the Terms below which confirm that we do not guarantee any particular results or improvement to wellbeing when you use our App or Services.
This App is not offered to children under 13 years old. Please do not download it or register a profile if you are under 13 years old.
We do not provide medical advice. Please see the Terms below for further information.
Acceptance of these Terms
By ticking “accept”, you are deemed to have read and accepted these Terms prior to using either the Mobile App or the Web App as a registered user.
By ticking “accept” button and downloading the Mobile App you represent and warrant to us that: (i) your access and use of the Mobile App will be in accordance with these Terms and with all applicable laws, rules and regulations of the United Kingdom and any other relevant jurisdictions; (ii) any disputes or claims arising from the use of the app are dealt with solely in accordance with the applicable laws, rules and regulations of the United Kingdom and the courts of the United Kingdom will have exclusive jurisdiction (iii) you are not located in a country that is subject to a US Government embargo or has been designated by the US Government as a ‘terrorist supporting’ country; (iv) you are not listed on any US Government list of prohibited or restricted parties; (v) the information you provide to us is true and accurate and you will update such information when necessary; and (vi) you are legally entitled to own the device you are using to access and use the Mobile App and you legally own or control your account.
You acknowledge and agree that these Terms apply from the date on which you tick “accept” below and that the other relevant documents mentioned at clause 4 below apply from the date you first downloaded the Mobile App. Further you acknowledge and agree that the Terms apply to your use of our Web App and/or the Mobile App and that the Terms form a legally binding contract between you and Asciana.
If you disagree with these Terms you must not tick “accept” below.
In order to use the Services (defined below) you must register as a user and accept these Terms.
We reserve the right to decline or cancel your registration as a user of our App at any time for any reason.
Definitions
App: Asciana’s software platform and application, which can be accessed from (the “Mobile App”), for the purpose described above; the Features; the content offered from and generated by the App (including all text, information, data, software, executable code, images, audio or video material in whatever medium or form); the App’s look and feel, graphic user interface and functionality; and, the software (including the algorithm) (in object code and source code format) that powers both the Web App and the Mobile App and that is used to provide the content on it (including any error corrections, updates, upgrades, modifications and enhancements to it made by us).
Features: the App features that enable you to use the App to log your relevant information, to unlock articles, the gamification of the experience, community leaderboards and friends groups. Such features include the “unlock” application, messaging applications and any others we may put in place from time to time. We reserve our right to amend, withdraw and add to our Features from time to time at our discretion.
Intellectual Property:, rights to inventions; copyright and related rights; trade marks, trade names, domain names, rights in get-up, goodwill and the right to sue for passing off; unfair competition rights; rights in designs; all rights whatsoever in computer programs, firmware, ‘apps’ and other computer software and data; database rights; and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and to be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Platform: any mobile app purchasing platform from which you download the Mobile App including Apple iOS and Google Android.
User: a person or organisation who uses our Web App and/or the Mobile App.
Interpretation
The headings in these Terms are inserted for convenience only and shall not affect their construction.
A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Other relevant documents
The terms set out in our privacy policy, cookie policy, general website terms and conditions and Apple Platform Terms and Android Platform Terms all relate to our legal relationship with you, although our policies are usually non-contractual.
However, if any of the provisions of those policies and/or terms conflict with any provisions of these Terms, the terms herein shall prevail.
Services and what we need from you
We provide a mobile and web application to use gamification and behavioural psychology to guide the Users (defined below) on a journey of self actualisation by improving their wellbeing. We also provide any other services described in our Web App and/or the Mobile App from time to time (the “Services”). To confirm, we do not guarantee your intended results or improvement in yours or another’s wellbeing should you use our App and we do not nor do we hold ourselves our as providing medical advice.
In order to use the Services, you may be required to provide information which is set out more fully in the Web App and the Mobile App. We reserve the right to request and you shall provide further relevant and lawful information in order to improve or amend any part of the performance of the Services as we see fit and/or so that we can satisfy any relevant legal obligations.
You must ensure that any information you provide to us is complete and accurate and you will keep us updated on any changes to such information.
You may use any of the Features in accordance with the Terms. Should any of the Features on the App include our use of a “push notification” you will receive a notification in the App to provide your consent. You are free to decline your consent and if you give consent and change your mind later, you should be able to disable such application at any time using the relevant privacy settings on your device.
You will provide to us any other information that we require to satisfy our obligations under any applicable laws and regulations including, without limitation, those in respect of record keeping.
Licence to use the App and Intellectual Property
Our Intellectual Property:
“ASCIANA” (word) and all other names, logos, icons and marks identifying us, the App and its services are our trade marks. We own (or have a licence to use) all Intellectual Property subsisting in the App. By using the App under licence you do not acquire any Intellectual Property in our App and all right, title and interest to all such intellectual property remains with us or our licensor(s)(as the case may be).
We both acknowledge and agree that in the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s Intellectual Property we, not the Platform owner, are solely responsible for the investigation, defence, settlement and discharge of any such claim.
Licence: Provided that you have a valid account with us in respect of your access to and use of the App and/or in respect of the Platform from which you downloaded the Mobile App and in consideration of your agreement to be bound by these Terms, we grant you a single non-exclusive, non-transferable, revocable licence to use the App for your personal and/or internal business use on the devices which relate to the Platform under your account, and as permitted by any applicable usage rules set forth by the Platform. You may not distribute, rent, lease, lend, sell, transfer or sublicense the App, nor copy (except as expressly permitted by any applicable Platform usage rules), decompile, reverse-engineer, dissembled, attempt to derive the source code of, modify or create derivative works of the App except to the extent as may be permitted by the licensing terms of any open sourced components included in the App and to the extent that the foregoing restrictions are not prohibited by applicable law. You hereby grant to us a non-exclusive, non-transferable, revocable licence to use your name, logo, icon and marks identifying you for the proper provision of the Services.
Confidentiality
You agree and we agree that during and after the termination of these Terms, each will not, without appropriate consent, use or disclose to any other person any information of the other which is identified as confidential or which is confidential by nature. You hereby provide consent to us to disclose, publicise, market or otherwise make use of for valid business reasons the fact that you use our services. We can also use relevant information about your relationship with us for valid business, administration and investment reasons and we hereby grant to you consent to use such information for your own valid business purposes. Further, we can publicise on our App or elsewhere on an ongoing basis any testimonials or similar which you choose to provide to us.
Data Protection
Our relevant privacy notice, which can be found here, sets out how we will use your personal data. Further, where we specifically and reasonably request it:
Price
Your use of our Mobile App and/or Web App is currently free of charge, but as we intend to monetise our App in due course, we reserve the right to introduce a subscription plan or set a price for use of the App at any time by providing reasonable notice of at least one month. We will also explain at that stage whether we will continue with any free version of our App or Services or if any use of our App or Services will be at a premium and provide further details of your consumer rights, such as refund rights.
Liability and Disclaimer and Your Rights
We are not responsible for certain losses in connection with you using our App or Services,
such as losses which are:
Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we contact you as soon as possible to let you know and do what we can to reduce the delay.
Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.
Disclaimers: we do not provide nor hold ourselves out as providing any medical advice or medical services through our App or Services and any content on our App, websites or Services are not and are not intended to provide medical advice to you nor diagnose nor treat any medical or health conditions. Please contact your medical practitioner for medical and health advice specific to your circumstances and please follow your practitioner’s advice even if it conflicts with anything you have read on our App, websites or through or Services.
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.
If you think there is something wrong with the App, you must contact our Customer Service Team at customerservice@asciana.com. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.] Remember too that You have several options for resolving disputes with us.
Summary of your key legal rights
According to the Consumer Rights Act 2015 digital content must be as described, fit for purpose and of satisfactory quality:
If your digital content is faulty, you're entitled to a repair or a replacement.
If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back, if any is paid.
If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, the Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
If a time hasn't been agreed upfront, it must be carried out within a reasonable time.
Termination
Either of us can terminate your registration of our Web App and the Mobile App for any reason and without notice. We may also with for any reason and without notice;
remove any content you publish on the App;
verify your information by requesting certain documents and refuse your requests to use the App if we believe there is reason to do so;
take any steps to terminate or suspend your use of the App if we believe you have failed to comply with any of the provisions of these Terms; and
if we decide to terminate, suspend or refuse to allow your use of the App, share or publish your name and email address and notify third parties (including the Platform owner).
Thereafter, any continued use of our Web App and/or the Mobile App as an unregistered user will continue to be subject to terms set out in the relevant documents referred to at clause 4 above. For the avoidance of doubt, any terms stated to survive the termination of these Terms and/or any indemnities given in the Terms will continue in full force and effect post termination of these Terms.
General App provisions and Operating Requirements
While we strive to make the Services available on many platforms, we can't guarantee that the App is compatible with your device (though please let Customer Support know if you have a question or problem; we want to help). If you use the App, your standard data and messaging rates will apply, and the rules of the app store from which you are downloading will also apply.
We are giving you personally the right to use the App and the Services as set out above. You may not transfer the App or the Service 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.
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.
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).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.
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 Service.
The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
General legal provisions
We reserve the right to amend, replace or add to the Terms at our sole discretion as we see fit and to satisfy any relevant legal obligations. Please check these Terms from time to time to take notice of any changes we made, as they are binding on you.
You acknowledge that in entering into the Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms.
We may defer the date for performance of the Services, or terminate these Terms, if we are prevented from, or delayed in, carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including strikes, lockouts or other industrial disputes, failure of a utility service or transport network, act of god, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or subcontractors.
Any failure by us to enforce at any particular time any one or more of these Terms shall not be deemed a waiver of such rights or of the right to enforce these Terms subsequently nor shall it prejudice our right to take action in respect of the same or any later breach.
No provision of these Terms shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999 with the exception of Apple and Apple’s subsidiaries in relation to your use of the Mobile App on Apple iOS.
If any of the provisions of the Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by applicable laws.
These Terms shall be construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.
Where these Terms are also provided in a language other than English, whilst the translation is believed to be accurate, no warranty to that effect is given, and the English language version will prevail.
Complaints and Disputes: Please contact us immediately using its contact details below if you: (a) have any questions, complaints, claims or concerns about content which appears in the App or in relation to us generally; or (b) believe that any act or omission by us or one of our other users of the App is in breach of applicable law. We will then consider your concerns and decide whether to take action and whether or not any other user has in our opinion, breached any of these Terms. We will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that we, not the Platform owner will be solely responsible, are responsible for addressing your or any third party’s claim relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You can also take mattes to court to enforce your rights or request that we engage in alternative dispute resolution and which request we will consider acting reasonably.
Our contact details: The Four Pillars Of Wellbeing Ltd is a private limited company incorporated in England with company number 14249016 with its registered office at Flat 413 30 Bixteth Street, Liverpool, England, L3 9BB. You can contact us by email at [customerservice@asciana.com].