tyllr Terms of Use

The Terms of Use (“Terms”) govern your access and use of our online self-care and personal growth platform, applications and services (the “Platform”) through which you can access information, blogs, videos and other materials and content (“Materials”). The Platform may be owned and/or operated in whole or in part by us or our third parties.

These Terms are dated 21st May 2024 

1.      Acceptance

1.1   By accessing or using the Platform, you confirm your acceptance of the Terms and the terms of our Privacy Policy. You should read these Terms and our Privacy Policy carefully before using the Platform. If you do not agree to be bound by the terms of either, then you should not use the Platform.

1.2   [You may not access or use the Platform if you are under the age of 18 years.]

2.      Who we are

2.1   In these Terms, the terms ‘we’, ‘us’, ‘our’ or similar, refer to tyllr Limited (a company registered in England under number 13406510) with our registered office at 28 Kensington Street, Brighton, BN1 4AJ, United Kingdom.

2.2   The terms ‘you’, ‘your’, ‘user’ or similar, refer to you, the user of the Platform.

3.      User Conduct

3.1   You shall only use the Platform for your personal information and reference purposes (the “Purpose”). 

3.2   In your use of the Platform, you may download Materials for your use in accordance with the Purpose and these Terms. You shall not use, store, copy, download, or deal with the Platform or Materials in any manner or for any purpose except those expressly permitted in these Terms. 

3.3   In using the Platform and Materials, you must comply with any instructions or guidance that we may publish in relation to them, which may include restrictions imposed by third parties from whom we license Materials. 

3.4   You shall not:

3.4.1     interfere or tamper with or in any other way adapt or alter the Platform or do anything that might or will damage or disrupt the good working order of the Platform or software or any other user’s use of the Platform;

3.4.2     publish, sell, resell, distribute, reproduce, post, upload or deal with or otherwise commercially exploit the Platform or the Materials or any part of them;

3.4.3     use the Platform or the Materials to compile a database or amalgamate the Platform and/or the Materials with any other data, or use the Platform as part of any other application or distribute or reproduce any Materials;

3.4.4     participate in any malicious behaviour that causes or may cause damage to us or the Platform, including that you shall not introduce any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancel bots or other computer programming routines or materials that are intended to damage, detrimentally interfere with, surreptitiously intercept or appropriate any system, data or personal information; and

3.4.5     use the Platform or Materials in a way that breaches the law or in any way which may be detrimental to our reputation or harm our interests.

4.      Account details and security

4.1   You must keep your usernames and passwords to access the Platform confidential and secure and must not disclose them to anybody. If you know or suspect that anyone other than you  knows your username or password or that your account has been compromised in any way, you should notify us immediately at dpo@tyllr.co You agree that we will not be liable for any loss or damage incurred as a result of someone else using your account, either with or without your consent and/or knowledge other than as a result of our negligence.

4.2   We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. We also have the right to delete your account if your employer has requested you to open an account using a corporate email address and you have not complied with that request.

5.      Intellectual Property Rights

5.1   You acknowledge that, as between you and us, we and our licensors own all Intellectual Property Rights in the Platform and the Materials. “Intellectual Property Rights” means all intellectual and industrial property rights of any nature anywhere in the world, including, but not limited to, copyright and related rights, trademarks and service marks, trade names and domain names, rights under licences, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, patents, rights to inventions, rights in designs, rights in computer software, database rights, rights in confidential information (including, but not limited to, know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, 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.

5.2   We hereby grant to you a limited personal, revocable, non-exclusive, non-assignable, non-sub-licensable licence to use the Platform and the Materials only for the Purpose.

5.3   We may insert or apply any applicable copyright, trade mark or other Intellectual Property Rights and other marks and notices to or on the Platform or the Materials and you shall not remove, erase, obstruct, change or object to any of the same.

5.4   You shall not reproduce, adapt, translate, arrange, make derivative works of or make available to any third party, either directly or indirectly, the Platform or the Materials except in the manner and to the extent that you are expressly permitted to do so in accordance with these Terms and you undertake to take all necessary steps to prevent access to the Platform and the Materials by any person except by you.

5.5   If you become aware of any improper or wrongful use of the Platform or the Materials or our Intellectual Property Rights in any way, you shall inform us of such use as soon as reasonably practicable.

6.      Disclaimers

6.1   The Platform and Materials are provided “as is” and exclude, to the extent permitted by law, any representations or warranties, express or implied of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy.

6.2   Without limiting the above paragraph, we give no warranty that:

6.2.1     your use or access of the Platform will be uninterrupted, timely or error free or that the Platform will be constantly available or available at all;

6.2.2     the Materials are complete, true, accurate, up-to-date or not misleading; and

6.2.3     the Platform or Materials are suitable or fit for your purposes.

6.3   You acknowledge that we are a provider of general health and well-being information and resources. We are not a medical, health-care or other type of professional organisation and we do not provide advice, give opinions or offer information tailored to your specific circumstances. You should not use the Platform or Materials as a substitute for professional, medical or other advice.

6.4   You are responsible for ensuring the Platform is sufficient and suitable for your purposes, or for your interpretation of any information.

6.5   You acknowledge that in using the Platform, you may be exposed to content that you find offensive, indecent or objectionable. 

7.      Third Party Websites

7.1   Our Platform and Materials may contain links to other sites, applications and resources provided by third parties (“Third-party Sites”). In no way do we approve or endorse these Third-party sites or the information you may obtain from them.

7.2   We have no control over Third-party Sites or their content or resources and we shall have no liability for any loss or damage that may arise from your access or use of them.

8.      Limitation of liability

8.1   We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.2   We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence up to the limit specified in Clause 8.3 below.

8.3   Our maximum aggregate liability under or in connection with these Terms (including your use of the Platform) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £1000. This does not apply to the types of loss set out in Clause 8.4 below.

8.4   Nothing in these Terms shall limit or exclude our liability for: death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; and/or any other liability that cannot be excluded or limited by applicable law.

9.      Suspension and Termination

9.1   We may suspend or terminate your right to use the Platform at any time, immediately by giving notice to you:

9.1.1     if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

9.1.2     if you breach any of the provisions of Clause 3, 4.1 and 5.4 above in relation to permitted uses and user conduct; and

9.1.3     if our agreement with the company you work for which purchased access to the Platform on your behalf comes to an end.

10.   Changes and transfer of rights

10.1 We may amend these Terms from time to time and we will make you aware of such amendments, for example by posting a notice on our website.

10.2 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

10.3 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

11.   No Waiver

No failure or delay by us in exercising any right under these Terms shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms.

12.   Severability

If any provision in these Terms shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other provision or part of any provision, all of which shall remain in full force and effect.

13.   Governing Law

These Terms (and all non-contractual relationships arising out of or connected to them) shall be governed by and construed in accordance with English law. You submit to the exclusive jurisdiction of the English courts to settle any dispute or claim which may arise under, or in respect of, these Terms, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.

14.   Contacting us

If you encounter a problem in your access to or use of the Platform and you need support or if you need to contact us for any other reason, please contact hello@tyllr.co.