Terms

Who We Are

www.FormScore.today and the associated mobile application is operated by Form Movement Ltd, a UK Limited company registered in England under company number 12382905.

Our registered office is at: 71-75 Shelton Street, London, WC2H 9JQ.

Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Form Movement Ltd (“Form” “we,” “us” or “our”), concerning your access to and use of the www.FormScore.today website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will notify you about any changes to these terms. 

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules, including our Privacy Policy (as defined below), are incorporated by reference into these terms of use (together, these “Terms”).

Our Services

We provide a number of services to you described below, collective termed (”Services”):

  1. Self-Tracking your mood with a periodic update of your FormScore, a subjective score out of ten, based on how you are feeling at any given time, inputted into the Form App.

  2. Connecting you with others. We provide ways for you to connect with other users of Form via messaging and the sharing of FormScore’s between users.  By agreeing to connect with other users in the app you consent to share your FormScore and exchange messages with them.

  3. Safety. We work to protect the safety and security of Form users by dealing appropriately with violations of our Terms and inappropriate behaviour. We prohibit the misuse of our Services, abusive conduct towards others, and violations of our Terms. We reserve the right to take appropriate action by removing such people or activity or contacting law enforcement. 

  4. We do not provide medical advice. Form is not a medical device provider, nor should the content of our Site and related services be considered medical advice. Form makes no promises that the Site will provide a therapeutic benefit. 

  5. Any advice or other information on the Site is intended for general information purposes only. FormScoreTM is not a diagnostic tool and should not be used as such. It does not diagnose your own mental health condition or suggest treatment solutions, It is not intended to be relied upon and is not intended to be a replacement for professional clinical advice based on your individual condition and circumstances. If you believe you have a medical emergency, you should call your doctor or the emergency services immediately.

  6. We do not provide access to emergency services. Our communication services do not provide access to hospitals, health services, or other emergency services. You must ensure that you have other means of contacting emergency services.  

  7. The App is a platform that facilitates connections between users and we invite you to share your FormScore’s with those you chose to connect with and contribute to creating a supportive community

Age Restriction

These Terms are the terms and conditions that govern your access to, and use of, the Site. This Site is not intended for children below 13 and you should not use the Site (and/or accept these Terms) if you are below this. You must not use this app if you are under the age of consent for data collection in the country you reside in. 

User Registration

You are required to register with the Site using your name and mobile telephone number. You agree to receive SMS messages from us or our third-party providers with codes to register for our Services.

Address Book 

You provide us, all in accordance with relevant laws, the mobile phone numbers of Form users, and your other contacts in your mobile address book for the purposes of connecting with other users in Form. 

Other Requirements

You are required to maintain and supply certain devices, software, and data connections to use our Services.  You consent to download and install updates to our Services. You also consent to our sending you notifications via Form periodically in order to provide our Services to you. You are responsible for all carrier data plans, fees, and associated with the use of our Services. 

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

User Representations

By using the Site, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete; 

  2. You will maintain the accuracy of such information and promptly update such registration information as necessary;

  3. You have the legal capacity and you agree to comply with these Terms and Conditions;

  4. You are not under the age of 13;

  5. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;

  6. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

  7. You will not use the Site for any illegal or unauthorized purpose including but not limited to behaviour that is defamatory, illegal, abusive, intimidating, harassing, hateful, harmful, racially or ethnically offensive, obscene, or impersonate another user

  8. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

License

We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.

You shall not:

  1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

  2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;

  3. Violate any applicable laws, rules, or regulations in connection with your access or use of the application;

  4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;

  5. Use the application for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended;

  6. Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;

  7. Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;

  8. Use the application to send automated queries to any website or to send any unsolicited commercial e-mail;

  9. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

App Store Terms 

Your use of the Form app is also governed by the Apple Media Services Terms and Conditions for your applicable jurisdiction, available here.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third-Party Websites and Content

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third-parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases that are exclusively between you and the applicable third-party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Site Management

We reserve the right, but not the obligation, to: 

  1. Monitor the Site for violations of these Terms and Conditions;

  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;

  3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

  4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

  5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United Kingdom.

If you access the Site from the United States, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.

We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

Disclaimer

WE DO NOT GUARANTEE THAT THE SITE WILL FUNCTION WITHOUT DISRUPTIONS, IMPERFECTIONS OR DELAYS. YOU USE THE SITE AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD-PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

Our Legal Responsibility to You

  • If we fail to comply with these Terms, we are responsible for the foreseeable loss or damage you suffer that as a result of our breaking these Terms or our failing to use reasonable care and skill, 

  • We are not liable for commercial losses. As noted above, we only make the Site available for your domestic and private use. If you use the Site for any commercial, business, or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • No liability for user interactions. Your interactions with other Form users are strictly between you and such users. We do not control your interactions with other Users and you agree that we will not be responsible for any loss or damage incurred as a result of interactions with other users.

  • No liability for user-generated content. We do not control user-generated content, you acknowledge and agree that we are not responsible for any user-generated content, and we make no guarantees regarding the accuracy, suitability, or quality of any user-generated content.

Nothing in these Terms shall limit or exclude our liability for:

  • death or personal injury resulting from our negligence;

  • fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by English law.

Applicable Law

These Terms are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or in the EU country in which you live.