End User Licence Agreement

Please read this agreement before using this platform.

1. Who is this agreement between?

This End User Licence Agreement (EULA) is a legal agreement between you (the End-user or you) and Made Open, (the Licensor, us or we), of:

School House Office,
Market Street,
England, TR3 6QA

We are a company registered in England and Wales with company registration number 4309700.

2. What you need to know

We licence use of our Service (this platform) and Content (content appearing on this platform) to you on the basis of this EULA. All intellectual property rights in the Service and the Content belong to Made Open. As such:

  • We grant you a non-transferable, non-exclusive licence to use our Service, subject to these terms, our privacy notice and data policy, and any other terms notified to you from time to time. We reserve all other rights.
  • Our Service requires an internet connected device running on the latest two versions of Chrome, Edge, Firefox or Safari. Our platform works on devices running Internet Explorer 11 but we cannot guarantee best experience.
  • By browsing or registering on this platform, you agree to the terms of this licence which will bind you. If you do not agree to these terms, you must stop using or accessing our Service.
  • The Service and Content are made available to you free of charge and you may stop downloading, streaming, accessing or using our Service at any time.
  • Third-party opensource software is included within our Service, and the terms of their opensource licence may override some of the terms of this EULA.
  • You warrant that you are capable and entitled to enter this agreement, and that entering into this agreement is separate to any other agreement you or your employer has entered into in relation to our Service.
  • From time to time updates to the Service may be issued. Depending on the update, you may not be able to use our Service until you have updated software or hardware as required and accepted any new terms.
  • You understand that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
  • You agree to adhere to the Acceptable Use Policy and understand that any Content generated by you may be amended or removed if it is deemed in breach of this policy.
  • Breach of the Acceptable Use Policy allows us to terminate provision of the Service to you at any time and without notice.
  • By using the Service, you consent to us collecting and using technical information about your device to improve our Service to you.
  • You consent to us collecting, maintaining, processing and using your location data to provide and improve location-based services (however you can turn off location services settings on your device at any time).
  • You understand that we are not responsible for and do not endorse third party services or content, or their privacy policies.
  • You acknowledge that the Content on our site is provided for general information only and is not intended to amount to advice on which you should rely.
  • Use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents to communicate with their children about online safety as moderation is not fool proof.
  • We may transfer our rights and obligations under this EULA to another organisation. This will not affect your rights or our obligations under this EULA.
  • If we fail to insist that you perform any of your obligations under this EULA, that will not mean that we have waived our rights against you.
  • Each of the conditions of this EULA operates separately and is governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

Please note that we may change these terms at any time, in which case we will notify you when you next access our Service.

3. Acceptable use

You must:

  • Use the Service and Content for your own purposes.
  • Provide true and accurate information during registration for or use of the Service.
  • Keep your user account details and passwords confidential.
  • Include our copyright notice on any references you make to the Service or Content.
  • Comply with all technology laws and regulations that apply to the use of our Service.
  • Provide us with an irrevocable, worldwide and royalty free licence to display Content on third-party systems.
  • Not use our Service for commercial purposes without obtaining a licence to do so from us.
  • Not embed the Service or any part of it into any other programs without our written permission.
  • Not make the Service available (including source code) to any person without our written permission.
  • Not disassemble, decompile, reverse-engineer or create derivative works of the Service.
  • Not attempt to contravene section 296A of the Copyright, Designs and Patents Act 1988.
  • Not use the credentials of any person or entity to access the Service.
  • Not act fraudulently or maliciously.
  • Not hack into or insert malicious code, including viruses or harmful data, into our Service.
  • Not infringe our intellectual property rights.
  • Not transmit material that is defamatory, offensive or objectionable when using this Service.
  • Not use the Service in any way that could compromise our systems, security or interfere with other users.
  • Not collect or harvest any information or data from our Service or systems.
  • Not use our platform to harm or attempt to harm minors in any way (or anybody for that matter).
  • Not send, upload, download, use or re-use any material which does not comply with our content standards.
  • Not transmit any unsolicited or unauthorised advertising or promotional material (spam).
  • Not suggest any form of association, approval or endorsement on our part where none exists.
  • Not damage our reputation or take advantage of it.

4. Content standards

You must comply with the spirit and the letter of the following standards.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.
  • Not contain any material which is defamatory of any person.
  • Not contain any material which is obscene, offensive, hateful, illegal, sexually explicit or inflammatory.
  • Not promote violence.
  • Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Not infringe any copyright, database right or trade mark of any other person.
  • Not be likely to deceive any person.
  • Not breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Not harass, upset, embarrass, alarm or annoy any other person, or invade their privacy.
  • Not impersonate any person or misrepresent your identity or affiliation with any person.
  • Not give the impression that they emanate from us, if this is not the case.

5. Limitation of liability

You acknowledge that:

  • The Service has not been developed to meet your individual requirements.
  • We do not warrant this software to any extent other than any statutory legal rights you may have.
  • It is your responsibility to ensure that the functions of the Service meet your requirements.
  • We have no liability to you for any loss of business or business interruption.
  • We will not be liable or responsible for any failure to perform our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
  • If an event outside our control takes place that affects the performance of our obligations under this EULA, our obligations will be extended for the duration of the event outside our control.
  • Nothing in this EULA shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentationm, or any other liability that cannot be excluded or limited by English law.

6. Termination

We may terminate this EULA immediately by written notice to you:

  • If you commit a material or persistent breach of this EULA which you fail to remedy within 14 days.
  • If you breach any of our policies on 'acceptable use' and 'content standards'.
  • If we terminate, novate or assign any licence or agreement relating to our Service.

On termination for any reason:

  • All rights granted to you under this EULA shall cease.
  • You must immediately cease all activities authorised by this EULA, including your use of any Service.
  • You must immediately delete or remove the Service.
  • Any donations made through the Service will be administered and will not be refunded.

Failure to comply with our acceptable use and content standards policies constitutes a material breach of this EULA and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we feel is necessary.

7. Pledging

Through the use of the Service you may agree to donate money, volunteer or offer material items to a Project. For the purposes of this agreement all the aforementioned interactions shall be described as a Pledge.

  • If you receive a Pledge through the Service no guarantee is made that you will receive the entire Pledge.
  • For financial Pledges, a percentage of the Pledge and other fixed fees will be deducted by us and by third parties.
  • Gift Aid shall be administered if you have indicated that Gift Aid is applicable to your Pledge.
  • We may, acting in our sole discretion, issue refunds of all or part of fiscal Pledges made via the Services.

8. Communication

  • If you wish to contact us in writing about this EULA or any other matter, please email hello@madeopen.co.uk.
  • We will confirm receipt of this by contacting you in writing, normally by email.
  • If we have to contact you or give you notice in writing, we will do so by email to the address you provide us.

Hexitime is funded by the Health Foundation’s Q Exchange programme. The Health Foundation is an independent charity committed to bringing about better health and health care for people in the UK.