End User Agreement

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Please read these terms and conditions carefully before using:

• the peppy.health website; any other of our websites and/or applications which operate on smartphones, tablets or other mobile devices and which include a link to these Terms (“Peppy Applications”); and/or
• any services available via the Peppy Applications (“Services”).

The Peppy Applications and Services are provided and operated by Peppy Health Limited, a company registered in England and Wales under company number 11534232, registered office Aviation House, 125 Kingsway, London, WC2B 6NH (“Peppy”, “We”, “Us”, “Our”, “Ours”).

This End User Agreement (Our “Terms”) together with Our Fair Use Policy and Our Privacy Policy confirms the basis on which End Users (also referred in these Terms as “You”, “Your” and or “Yourself”) are permitted to access and use the Peppy Applications and Services. If You do not agree to being bound by Our Terms then, please immediately stop using the Peppy Applications and Services in any manner. By continuing to use the Peppy Applications and/or Services, You are entering into a binding commitment between You and Us confirming (i) You have, read, understand, and agree to be bound by these Terms; (ii) that You are 18 years of age or older and are able to enter into a binding contract under applicable laws in the country in which You reside; (iii) You are entitled to access and use the Peppy Applications and Services as a benefit made available to You by Your employer or health insurer; and (iv) You will comply with all applicable laws in the country in which You reside in accessing and using the Peppy Applications and Services.

Please note that You should not place reliance upon or use the Peppy Applications and/or Services in replacement of any emergency services requirements, this includes medical emergency services and any safeguarding emergency services. If You need urgent help then please immediately call the relevant medical or other emergency services response number.

These Terms are issued and should be read in conjunction with the Peppy Fair Use Policy and Peppy Privacy Policy.

If You have any questions, comments, or concerns regarding these Terms or the Peppy Applications and/or Services, please contact Us at hello@peppy.health.

The scope of the support provided by Us and Our Practitioners (as defined below) shall fall into two categories.

1) Peppy Clinical Services – Where You are using Our Peppy Clinical Services, Our Practitioners who are qualified and regulated in each service area are registered with their respective professional body in the relevant territory to provide You with medical advice, diagnosis and treatment, where clinically appropriate and within the scope of the relevant Practitioner’s professional registration and applicable regulatory requirements . This may include, recommending testing, advising You on test results and, in connection with some of Our Services, writing prescriptions for medication (where included as a Service which We have agreed to provide with Your employer or health insurer (as applicable)) or suggesting that You discuss a potential prescription with Your healthcare provider. In some cases, Peppy Clinical Services may also include the prescription of medication (“Prescription Services”). Our Practitioners may use tools, including AI-supported systems, to assist in assessing information, preparing materials, and developing personalised recommendations as part of the Peppy Clinical Services. However, all advice, recommendations, and clinical outputs are reviewed and provided under the responsibility of a qualified Practitioner, and We remain responsible for the advice provided by Our Practitioners as part of the Peppy Clinical Services.

2) Peppy Global Services – The Peppy Global Services consist of the provision of written guidance, support and information in the form of articles, educational materials, other content, and AI-supported features. Our Peppy Global Services are intended to be supplementary to any healthcare You receive, are not tailored to You and are provided for information only. Peppy Global Services are non-clinical in nature, do not constitute diagnosis or treatment, and are not a substitute for a primary care physician, obstetrician, paediatrician, or any other medical or clinical service provider (e.g. Your General Practitioner). Peppy may use AI Technology to support the delivery of content, navigation of resources, and generation of insights within the Services. Such technology operates as a support function and does not constitute medical or professional advice.

Your employer or health insurer (as applicable) may have entered into an agreement with Peppy to procure Your access to Our Services. We recommend that You confirm the details of the scope and duration of the specific Peppy Services You are entitled to receive directly with Your employer or health insurer (as applicable). For the avoidance of doubt, Your employer or health insurer (as applicable) is not a party to the relationship between You and Peppy in respect of the provision of Clinical Services, and bears no responsibility or liability for the Clinical Services provided to You by Peppy or its Practitioners. Any queries or complaints relating to the Clinical Services should be directed to Peppy in accordance with these Terms.

Where the Services include Peppy Clinical Services in the UK or the Republic of Ireland, the following terms shall apply:

In respect of the Peppy Clinical Services provided in the United Kingdom, Peppy is registered with the Care Quality Commission (“CQC”) which is the independent regulator of health and adult social care in England. This means that, as an organisation, Peppy is regulated and governed by a regulatory body who oversees the Peppy Clinical Services. Peppy complies with the rules and regulations set by the CQC. If You access, use or receive Peppy Clinical Services in the UK, Peppy is responsible for providing those Peppy Clinical Services and for the quality of care delivered in connection with them. Peppy will provide the Peppy Clinical Services: (i) in accordance with these Terms; (ii) using reasonable skill and care; and (iii) in compliance with applicable laws and regulatory requirements, including those applicable to regulated activities overseen by the CQC. Peppy is responsible for the acts and omissions of all Practitioners providing Peppy Clinical Services, regardless of their professional discipline or registration.

Peppy provides access to healthcare professionals based in the United Kingdom who are each qualified and governed by the relevant regulatory body in their stated area of expertise (each, a “Practitioner”) and information to support End Users through various life transitions which may include, but are not limited to, men’s health, women’s health, fertility, parenthood, menopause, and neurodiversity. Practitioners may provide information, advice and support through articles, webinars, chat services, telephone calls, and online video calls where this is included as part of the Peppy Clinical Services to be provided by Peppy as set out below.

When using Our Peppy Clinical Services, after assessing Your needs and specific concerns which You may have shared with Our Practitioners, Our Practitioners may suggest several options and recommendations which You may or may not wish to consider. In some cases, Our Practitioners may suggest an option that involves obtaining further advice or other services from a third party. Peppy maintains relationships with some third party providers. Where Peppy recommends a third party provider, it is Your decision whether to proceed with that recommendation, seek similar services from another provider, or take no further action. If You decide to proceed with a recommendation that involves advice or other services provided by a third party, You acknowledge that such third party is responsible for the provision of their services. This does not affect any duty of care owed to You by Us or Our Practitioners in respect of the advice or recommendation provided by Us and Our Practitioners.

You are responsible for providing Our Practitioners with information about Your medical history, and all other information Our Practitioners may request to provide You with the Peppy Clinical Services. You must ensure that any information You have provided to Our Practitioners is true, accurate and complete, and You must notify a Practitioner immediately if any information changes either before or during the course of You receiving the Peppy Clinical Services. If You have any questions or concerns in relation to the information or advice You have received from Us or Our Practitioners, please ensure that You contact Our Practitioners again for further information and clarity, and/or discuss any information You have received from Us with Your usual healthcare provider. You are responsible for ensuring that any information You provide to Peppy or its Practitioners in connection with the Peppy Clinical Services is true, accurate and complete. Peppy and its Practitioners shall not be liable for any adverse outcome arising from Your provision of false, inaccurate or incomplete information.

Please be aware that some of Our Practitioners may have received unrestricted educational grants towards nurse education, honoraria for lecturing and participated in Medical Advisory Boards for pharmaceutical and other companies. However, any recommendations which Our Practitioners make shall be based on their assessment of Your needs and the information which You have provided to them.

Where the Peppy Clinical Services include Prescription Services (only offered in connection with certain Peppy Clinical Services for the United Kingdom or Republic of Ireland where pre-agreed with Your employer or health insurer and included within the scope of Services), the following terms shall apply:

Where Prescription Services are included in the scope of what We have agreed to provide to You with Your employer or health insurer (as applicable), Our Practitioners may from time to time, either a) recommend that You discuss a specific prescription with Your usual healthcare provider; or b) write a prescription for You without needing a physical in person meeting.

Some of Our Practitioners providing Peppy Clinical Services in the UK are licensed, authorised and regulated to write prescriptions without a physical in person meeting in certain circumstances, provided that they act in accordance with the Nursing and Midwifery Council Code of Conduct, National Institute of Health and Care Excellence (NICE) guidelines and the Royal Pharmaceutical Society competency framework. There are certain rules which all of Our Practitioners must abide by when prescribing medicines and they may not, for example, prescribe certain classes of drugs. In these circumstances, the Practitioner will make You aware of this and may recommend that You speak directly to Your usual healthcare provider.

a) Where Our Practitioners recommend that You discuss a specific prescription with Your usual healthcare provider You will be solely responsible for arranging such appointments as are necessary with Your healthcare provider. In this instance, Your healthcare provider shall be responsible for carrying out an independent assessment of Your needs and shall make their own decision at their sole discretion as to which prescription (if any) they wish to make. Peppy and Our Practitioners are not responsible for any acts, omissions, errors or mistakes which relate to any prescriptions written by a third party. If a third party healthcare provider offers an opinion or recommendation which is different to what You have received from Peppy or Our Practitioners, this does not mean that Our services are faulty or incorrect, as healthcare experts will have differing opinions from time to time. You will be responsible for any additional costs to Your usual healthcare provider (if any) and to any pharmacy who fulfils the prescription.

b) Where Our Practitioners write a prescription for You:

       i) Please be aware that You will be responsible for paying any additional costs directly to any pharmacy who fulfils the prescription. By writing a prescription, neither We nor Our Practitioners can guarantee that the prescribed medicine will be in stock and We and Our Practitioners shall not be liable for any acts, omissions, errors or mistakes in connection with the dispensing and/or administering of such drugs by any pharmacy. Nothing in these Terms excludes or limits any liability (including any liability of Peppy) arising from negligent prescribing by a Practitioner. However, neither We nor our Practitioners shall be responsible for (i) the availability of prescribed medicines; (ii) the acts or omissions of pharmacies or other third parties involved in dispensing or supplying medication; or (iii) any issues arising from a pharmacy’s or any other third party’s manufacturing, storage, or handling of medicines. Peppy acts independently of pharmacies and will not be able to assist with any refunds or returns and You will need to contact the pharmacy directly.

      ii) In addition to the above, Our Practitioners are only able to offer prescription services to individuals who are based and reside in the United Kingdom or the Republic of Ireland and cannot offer a prescription consultation unless You are based in the United Kingdom or the Republic of Ireland. If You are not based in and reside in the United Kingdom or the Republic of Ireland, You shall notify the Practitioner immediately and prior to any prescription being issued to You.

Where Our Practitioners have issued a prescription for You, You agree:

Notwithstanding any other terms, Our Practitioners shall have the right to refuse to issue or recommend a prescription in their absolute sole discretion and, just because Our Practitioner issued or recommended a prescription to You previously, shall not mean that they have to issue or recommend any or the same prescription again.

Where the Services include Peppy Global Services, the following terms shall apply:

When using Our Peppy Global Services, the information and content made available to You on the Peppy Applications has been prepared for a general audience and has not been assessed based on Your specific needs or concerns. We always insist that You check with Your healthcare provider before placing any reliance on the information or guidance received through Our Peppy Global Services. In addition, if You have any questions or concerns in relation to the information or advice You have received from Your use of Our Peppy Global Services, please ensure that You reach out to Your usual healthcare provider.

3. Use of Artificial Intelligence

Peppy may use artificial intelligence, machine learning and related technologies (“AI Technology”) in the provision of the Peppy Applications and Services across all service types, including Peppy Clinical Services and Peppy Global Services.

This may include, without limitation, the use of AI Technology to support internal workflows, generate draft content, assist in creating personalised health or wellbeing plans, take and generate notes during consultations with Our Practitioners, personalise the content and recommendations displayed to You based on Your interests and information, analyse information, and improve the quality and efficiency of the Services.

You acknowledge that AI Technology may form part of the processes used to deliver the Services, even where You do not directly interact with such technology.

Where AI Technology is used to generate or support any content, recommendations, or materials provided to You as part of the Peppy Clinical Services, such outputs are subject to review, validation, and approval by appropriately qualified personnel, including Practitioners where relevant, prior to being shared with You.

In the context of the Peppy Global Services, we use AI Technology to generate and provide content to You via our Peppy chatbot. Our Peppy chatbot is designed to answer questions You input using content and other materials we have generated, including articles and blog posts available in the Peppy Applications. These underlying articles, blog posts and other content were created by humans. However, the outputs generated by the Peppy chatbot are not themselves subject to human review, validation or approval. You should refer to the underlying articles, blog posts and other content where these are linked or otherwise made available to You. As noted above, the Peppy Global Services are provided for information only.

AI Technology is used as a support tool only and does not replace professional judgement, clinical decision-making, or the advice provided by qualified Practitioners.

Please note that for administrative purposes only, We will notify Vitality that You have registered an End User Account with Us. We will not share any of Your Special Categories of Personal Data with Vitality without Your specific authorisation. For example, We will never share any information that You may exchange with a Practitioner or disclose any reasons why You may have accessed the Peppy Applications, or any Special Categories of Personal Data that You may upload to the Peppy Applications. Further reassurance relating to this matter is included in Vitality’s Member Zone. If You have any further concerns regarding this matter then please email hello@peppy.health.

Our Peppy Applications will be available through the Apple and Google (Android) mobile app stores, in addition to Our website, in such countries as Your employer or health insurer has agreed with Us, but excluding countries where the Peppy Applications are unavailable due to technical, legal or political reasons. You warrant and represent that You shall not access Our Peppy Applications in a manner that circumvents local market restrictions by using a Virtual Private Network (VPN) or any other method.

The ways in which You can use Our Peppy Applications may also be controlled by Apple and/or Google's rules and policies as follows:

• Apple – https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html
• Google (Android) - https://policies.google.com/terms?hl=en

(including any other policies referred to in them, or any applicable website hosting platform), and their rules and policies will apply instead of these terms where there are differences between the two.

To use the Services, You first need to register on the Peppy Application and create an account (“End User Account”). When registering, You are obligated to provide Us with certain information, such as Your name, date of birth, etc. We process this information in accordance with our Privacy Policy.

If You access, download or stream the Peppy Applications 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. If You sell any device on which the Peppy Applications is installed, You must remove the Peppy Applications from it.

The Services are for Your personal and non-commercial use.

The Services and Peppy Applications, including, without limitation, the content, metadata, design, organisation, compilation, look and feel, the source, object, and HyperText Mark-up Language (“HTML”) code and all other protectable intellectual property available through the Services and Peppy Applications (the “Proprietary Materials”) are the property of Peppy or the property of Our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in these Terms are automatically on creation reserved by Peppy.

Unless You have Our written consent, You may not copy, reproduce, sell, publish, distribute, display, re-transmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to scrape Our content for any purpose. You agree not to post any content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, without Our written consent.

You agree that all information and content which You enter or upload when using Peppy (“Inputs”) shall be owned by You, and any results or information which You receive when using Peppy Services (“Outputs”), excluding any Inputs incorporated therein, shall be owned by Us or the third-party provider to the fullest extent permitted by law. Where this is not legally possible, You hereby assign all present and future rights, title and interest in and to the Outputs (excluding any Inputs incorporated therein) to Peppy or the applicable third-party. You also grant Us and Our licensors a worldwide, non-exclusive, irrevocable, perpetual, royalty free, licence to use, store, reproduce, use, publish, and publicly display, modify, and create derivative works of the Inputs for the purposes of operating, providing, improving, troubleshooting, and debugging Our Services (for example, Your acceptance or rejection of suggestions may help train Our suggestion engine); protecting Our Services (for example, to analyse patterns in usage to prevent abuse); customising Our Services (for example, to create personalised suggestions for You); and/or developing new services or features. The licence You give Us also permits Our service providers to assist Us in doing this. You are responsible for all of Your Inputs and Outputs, and for checking the accuracy and relevance of any Outputs received.

For the avoidance of doubt, Peppy shall restrict any third party, to the extent possible, from using Inputs and Outputs for: (i) training, (ii) otherwise improving its large language models or other services, and/or (iii) general use beyond the use required to provide and maintain the AI Technology or as otherwise set out in this Agreement.

Subject to Your compliance with these Terms, the Peppy Fair Use Policy and Peppy Privacy Policy, together with the scope and duration of Your access to Our Services, Peppy grants to You a limited, fully revocable, personal, non-exclusive, non-transferable and non-sublicensable right and licence to use the Peppy Applications and Services which Your employer or health insurer (as applicable) and Peppy have agreed that Peppy shall provide to You pursuant to a separate legal contract.

We provide links to third-party websites. We do not review any of the third-party websites, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). When We provide such links, You acknowledge that We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any third-party websites We may link from the Services, You do this entirely at Your own risk.

Peppy may appoint third party subcontractors to provide some or all of its Services from time to time (a “Peppy Partner”). Where a Service, or part of it, is provided by a Peppy Partner, You may be asked to agree to their terms and conditions and/or privacy policy. You will be notified of this when You go to use that Service, if this is required. Where You have to agree to the Peppy Partner’s terms and conditions and privacy policy, You will be entering into a separate contractual relationship with the Peppy Partner. In this case, Peppy shall not be liable for any Services or part thereof which is provided by the Peppy Partner, including (without limitation) their terms relating to delivery, payment, and cancellation and their collection and use of Your personal data. Where the Peppy Partner collects Your personal data independently of Peppy, the Peppy Partner shall be the Data Controller for the purposes of the Data Protection Legislation (as further defined in the Peppy Privacy Policy) and this shall be governed by the Peppy Partner’s privacy policy. Furthermore, Peppy shall not be responsible for the availability, quality or suitability of any products or services purchased by You from a Peppy Partner.

The Peppy Applications are a standard platform and have not been customised for any individual user. Where You access Peppy Clinical Services, the clinical advice, recommendations and treatment provided to You by Our Practitioners are tailored to Your individual needs based on the information You provide. You are responsible for determining Your suitability to be an End User of the Applications and the Services and confirm that only You can determine whether a physical or medical examination should be undertaken prior to, or instead of, using the Services in any capacity. You acknowledge that You are solely responsible for all aspects of Your physical and mental health and wellbeing before, during and after Your use of the Services.

12. General Disclaimers

      12.1 Our Services are provided “as is, as available”. We provide the Peppy Clinical Services using reasonable care and skill. However, You otherwise acknowledge and agree that the Peppy Applications, Services and related content are made available on an “as is, as available” basis and, except to the extent required by applicable laws in Your jurisdiction, Peppy specifically disclaims any representations, warranties or other terms, expressed or implied, including, without limitation, any representations or warranties of merchantability, fitness for any particular purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration. Peppy does not warrant or make any representations regarding the use or the results of use of the Peppy Applications, Services, offerings, content, and materials made available through the Peppy Applications and Services.

       12.2 Our Peppy Global Service is for information purposes only. It is important to understand that the Peppy Global Services do not include the provision of medical advice by Us or Our Practitioners. You should not change any treatment or care plan, medication or therapy based on information You received through the Peppy Global Services without speaking directly to Your usual healthcare provider. Content and information made available via the Peppy Global Services is supplementary to any treatment or care provided by Your healthcare provider and should not replace regular medical visits with Your healthcare provider. Always seek advice from Your physician or other qualified health care practitioner regarding Your medical condition or the use (or frequency) of any medication or medical device.

        12.3 Peppy strives to provide accurate and reliable results, but We cannot guarantee the accuracy or completeness of the information provided by AI Technology as part of the Peppy Global Services Peppy uses AI Technology as described in Use of Artificial Intelligence above. In particular, Peppy uses AI Technology to generate and provide content to You via our Peppy chatbot. Due to the nature of machine learning, AI-generated Outputs may in some circumstances be inaccurate, incomplete and/or not reflect current best practice. Outputs of our Peppy chatbot are not subject to human review, validation or approval. You are responsible for verifying the accuracy of, and Your use of (including any decision, action or inaction You take on the basis of) any such Output and whether it is appropriate for Your use case, including seeking advice and guidance from Your usual healthcare provider, employer or health insurer, as applicable. For the avoidance of doubt, no AI-generated content will be provided as part of the Peppy Clinical Services unless and until it has been reviewed, validated and approved by a qualified Practitioner.

      12.4 Peppy does not provide emergency services, including medical emergency services and safeguarding emergency services. Never disregard professional emergency help or medical advice or delay in seeking it because of something You have read in connection with Our Services. Always consult with Your healthcare professional if You have any questions or concerns about Your health or condition or experience any changes in Your condition or health status. If You have any concerns relating to Your safety or wellbeing, please contact the emergency services without delay.

       12.5 Our Services may be dependent on You consulting Your healthcare provider. You may be advised to consult Your GP or emergency medical services at any time when using Our Services and use of Our Services may depend upon You undertaking this. You should always seek the advice of Your GP or other qualified health provider with any questions You may have regarding a medical condition.

        12.6 Clinical and Non-Clinical Services Disclaimer. Peppy provides a combination of regulated clinical services and non-clinical services through the Peppy Applications.

                  12.6.1.Clinical Services: Where You access Peppy Clinical Services, these are provided by qualified Practitioners and may include medical advice, diagnosis, treatment and prescribing. Peppy is liable to You for the provision of the Peppy Clinical Services, including ensuring all medical advice, diagnosis, treatment and prescriptions are provided in accordance with applicable law and regulatory standards.

                  12.6.2.Non-Clinical Services: The Peppy Global Services, are provided for informational and wellbeing purposes only and: (i) do not constitute medical advice, diagnosis or treatment; (ii) are not a substitute for in-person consultation with a qualified healthcare provider; and (iii) should not be relied upon as the sole basis for decisions relating to Your health. Peppy does not guarantee that any particular medication, treatment or outcome described in the content made available via the Peppy Global Services is suitable, appropriate or effective for Your specific situation. You should always check with Your usual healthcare provider regarding the use of any medication or treatment.

                  12.6.3.Neither Peppy Clinical Services nor Peppy Global Services are a replacement for urgent medical care. If You require urgent medical care, You should always contact the appropriate emergency services.

        12.7 Disclaimer relating to recipes on the Applications, if applicable. Your dietary needs and restrictions are unique to You. Unless You receive formal advice from a Practitioner as part of the Peppy Clinical Services (in which case the terms relating to Peppy Clinical Services will apply), You assume full responsibility for consulting a qualified health professional regarding health conditions or concerns, and before starting a new diet or health program. We are not responsible for adverse reactions, effects, or consequences resulting from the use of any recipes or suggestions herein or hereafter. We cannot guarantee that any ingredient You may choose is free from any allergen trigger. You are reliant on the representations and warranties made by the manufacturer and the safe handling, labelling and preparation of that particular ingredient as well as the source. If You or a third party has any sensitivities or allergies to any listed ingredients, You or they should not consume or prepare these products or recipes or should consider an alternative ingredient. Any recipes provided by the Applications are suggestions only. Should You or any third party, develop any symptoms or allergic reactions, You or they should discontinue use immediately and contact their medical professional.

        12.8 Disclaimer relating to nutritional information on the Applications, where applicable. Peppy may occasionally make nutritional information available via the Peppy Applications, which is provided as a courtesy and is an estimate only. Varying factors such as product types or brands purchased can change the nutritional information in any given recipe. Other factors may change the nutritional information and different online calculators can provide different results. To obtain the most accurate representation of the nutritional information in any given recipe, You should calculate the nutritional information with the actual ingredients used in Your recipe. You are solely responsible for ensuring that any nutritional information obtained is accurate. Under no circumstances will Peppy be responsible for any loss or damage resulting from Your reliance on nutritional information given though the Peppy Applications.

        12.9 Disclaimer relating to workouts, fitness and weight management information on the Applications, if applicable. Some fitness or other activities may not be appropriate for all individuals and You agree that You have assessed Your risk of injury depending on Your physical circumstances. Peppy recommends that You obtain medical clearance from Your healthcare provider before participating in or attempting any exercise or fitness activity, particularly when recovering from injury, illness or other condition. Peppy shall not be liable for any injury sustained by You where You have failed to obtain the appropriate clearance by Your GP to participate in any activity. Peppy may make available information, content, courses or programmes for You to consider that could bring about positive results where You are motivated to change and in conjunction with proper medical support if required. Any resulting choices and changes made by You remain Your personal and legal responsibility. Weight loss results can vary depending on the individual. The information and content, including but not limited to, text, graphics, images and other material, contained on the Peppy Applications is for educational purposes only. There is no guarantee of specific results and results may vary as causes for being overweight or obese vary from person to person. No individual result should be seen as typical. Whether genetic or environmental, it should be noted that food intake, rates of metabolism and levels of exercise and physical exertion vary from person to person.

        12.10 Disclaimer relating to therapeutic information (e.g. Cognitive Behavioural Therapy) on the Applications. Complementary therapies and any information, content, courses or programmes provided through the Peppy Applications are intended to work side by side with conventional treatment where it is required. No one can guarantee specific results. Peppy and Our Practitioners shall not be liable to You or any third party where such therapy has not provided the expected result. Peppy and Our Practitioners may give information or guidance for You to consider that could bring about positive results where You are motivated to change and in conjunction with proper medical support if required. Although We and Our Practitioners will be as supportive and helpful as possible in all decision making and change processes, any resulting choices and changes made by You remain Your personal and legal responsibility. In order to affect a change, CBT, counselling, coaching and mindfulness require commitment and honesty from You.

We are constantly trying to improve Our Services, so We reserve Our rights to update these Terms and the content of the Services at any time and publish the most recent copies of Our Terms and Services on the Peppy Applications on written notice to You. If You do not agree with Our new Terms, You are free to reject them; which unfortunately, will end Your rights to use the Peppy Applications and the Services. If You use or access the Services in any way after a change to the Terms is effective, that means You agree to all of the changes. Except for changes by Us as described here, no other amendment or modification of these Terms will be effective.

From time to time We may automatically update Our Peppy Applications and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively We may ask You to update the Peppy Applications on Your device for these reasons.

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 Peppy Applications and the Services.

The Applications will always work with the current or previous version of the operating system (as it may be updated from time to time).

Peppy may, without liability, suspend or terminate access to the Services immediately upon notice to You in the event that any third party provider suspends, terminates or ceases to provide access to the relevant Service, or supporting system.

These Terms will commence on the date You initially set up Your End User Account. If You wish to terminate Your End User Account You may do so by either contacting hello@peppy.health or clicking “Delete Account” within the Application.

We may terminate these Terms and/or suspend or terminate Your End User Account upon notice to You, if You breach any material term herein, or if We are required to do so by law (e.g., where the provision of the Applications or the Services is or becomes unlawful), or where Our contract with Your employer or health insurer, as applicable, terminates for any reason. You agree that all terminations for cause shall be made at Peppy’s absolute sole discretion and that Peppy shall not be liable to You or any third party for any termination of Your End User Account.

Termination of any Services may include temporary suspension or permanent deletion of Your End User Account together with related information, files, and content associated with or inside Your End User Account. Upon termination of any Services, Your right to use such Services will automatically terminate immediately. You understand that termination of Services may involve deletion of Your information and content in Your End User Account. All provisions of these Terms, which by their nature should survive, shall survive termination of Services, including without limitation ownership provisions, warranty disclaimers and limitation of liability. Notwithstanding the foregoing, termination or deletion of Your End User Account does not affect Peppy's obligation to retain clinical records in accordance with applicable legal, regulatory and professional requirements, including clinical record retention obligations. Further information on data retention is set out in Our Privacy Policy.

We are 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 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.

No exclusion or limitation of liability set out in these Terms (or any other exclusion or limitation of liability) applies 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 (including Our Practitioners) or for fraud or fraudulent misrepresentation.

When We are liable for damage to Your property. 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.

We are not liable for business losses. The Peppy Applications and Services are for domestic and private use. If You use the Peppy Applications or Services for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, loss of business opportunity or wasted expenditure.

We are not responsible for events outside Our control. If Our provision of the Services or support for the Peppy Applications 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.

You can give Us feedback on Our Services by emailing Us on hello@peppy.health.

If You wish to provide feedback or complain about Our Services, We would like to resolve Your concerns as soon as possible. Please tell Us about Your complaint as soon as You can so that We can respond promptly.

If You wish to make a formal complaint about Our Service, please email Us on hello@peppy.health. We may ask You for certain details about You and Your complaint in order to address it and ask for Your prompt co-operation in seeking to resolve the complaint quickly. We will tell You the outcome of Our investigation into Your complaint and give You the chance to discuss it with Us. If We have done something wrong, We will apologise to You and seek amicable resolution.

Where Your complaint relates to Peppy Clinical Services, it will be handled in accordance with Peppy’s clinical governance and complaints procedures, which align with applicable regulatory requirements, including, for complaints in the UK, those of the CQC.

18. Other Terms

        18.1 Assignment. You may not assign, delegate, or transfer these Terms or Your rights or obligations hereunder, or Your Account, in any way (by operation of law or otherwise) without Peppy’s prior written consent. Peppy may assign its rights and obligations under these Terms. These Terms will inure to the benefit of Peppy’s successors, assigns, and licensees.

        18.2 Waiver. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

        18.3 Entire Agreement. To the maximum extent permitted by applicable law, these Terms and the documents referred to in them constitutes the entire agreement between Us and You with respect to the subject matter contained in these Terms and supersede all previous and contemporaneous agreements, proposals, and communications, written or oral, related to that subject matter. Subject to clause 13, no amendments, modifications or waivers to these Terms shall be valid unless in writing and accepted or signed by Peppy.

        18.4 Severability. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

        18.5 Third Parties. These Terms are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms may only be invoked or enforced by You or Us.

        18.6 Survival. Any and all provisions of these Terms that would reasonably be expected to be performed after the termination or expiration of these Terms shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, disclaimers, limitation of liability and governing law.

        18.7 Governing Law and Jurisdiction. These Terms, their subject matter, and formation are all governed by English law; provided that nothing in these Terms will affect the application or enforceability of any additional rights afforded to you by mandatory provisions of the laws of your country of residence. If a claim or dispute arises out of, or relates to, these Terms, both you and we agree that such individual claim or dispute shall be resolved in the courts of England and Wales, unless mandatory provisions of the laws of your country of residence require that the claim or dispute is resolved in the courts of your country of residence.