Terms and conditions

You are being invited to take part in research that tests whether a new ‘brain-training’ app (FoodT) can help reduce intake of high-calorie foods and facilitate weight loss. This study is being carried out by Dr. Natalia Lawrence at the University of Exeter, UK, and has been approved by the Research Ethics Committee of the Department of Psychology, University of Exeter.

It is important that you DO NOT TAKE PART IF YOU ARE UNDERWEIGHT (ie, if you have a BMI lower than 18.5, or if you have any health conditions that could be worsened by reducing your calorie intake (eg, an eating disorder). If you are unsure about whether this applies to you please check your BMI or consult your healthcare professional before participating.

PLEASE READ THESE LICENCE TERMS CAREFULLY

YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE APP

BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU:

  • AGREE TO THESE TERMS WHICH WILL BIND YOU; AND
  • GIVE YOUR CONSENT TO TAKE PART IN THE PRESENT STUDY (DESCRIBED ABOVE) AND FOR YOUR ANONYMOUS DATA TO BE USED FOR RESEARCH PURPOSES; AND
  • CONFIRM THAT:
    • YOU ARE 18 OR OVER AND YOUR BODY MASS INDEX (BMI) IS ABOVE 18.5;
    • YOU ARE NOT SUFFERING FROM ANY HEALTH CONDITIONS THAT WOULD BE NEGATIVELY AFFECTED BY REDUCING YOUR CALORIE INTAKE
    • YOU UNDERSTAND YOUR DATA WILL BE SENT ANONYMOUSLY TO THE UNIVERSITY OF EXETER TO BE STORED ON THEIR SERVERS AND USED FOR RESEARCH PURPOSES ONLY [BY THE UNIVERSITY OF EXETER].
    • YOU UNDERSTAND THAT YOU CAN STOP TRAINING AT ANY POINT AND THIS WILL PREVENT FURTHER DATA BEING SENT BUT WE MAY CONTINUE TO USE THE ANONYMOUS DATA ALREADY COLLECTED.
    • YOU UNDERSTAND THAT THIS TRAINING MAY OR MAY NOT HELP YOU REDUCE YOUR SNACKING OR HELP YOU LOSE WEIGHT.

IF YOU DO NOT AGREE TO THESE TERMS OR THESE STATEMENTS, DO NOT DOWNLOAD, INSTALL OR USE THE APP IN ANY WAY.

If you have any questions or concerns about the study, please contact the lead researcher Dr Natalia Lawrence at foodtraining@exeter.ac.uk. If you have concerns about your weight or diet please contact your healthcare professional.

WHO WE ARE AND WHAT THIS AGREEMENT DOES

We, the University of Exeter of Northcote House, The Queen’s Drive, Exeter, EX4 4QJ license you to use the FoodTrainer (FoodT) mobile application software (App) as permitted in these terms.

YOUR PRIVACY

We only use any personal data we collect through your use of the App in the ways set out in our privacy policy and as set out below:

The App will collect some basic details (age, sex, weight) from you before you use the App and one month later. These details will be anonymous - we will not ask you for any personally identifying information. Whenever you complete training in the App, your anonymous scores will automatically be sent to the University of Exeter. Your anonymous data (and not your device displaying the App) will be linked to an anonymous ID number generated at random. These scores will be used to research the effects of the food training task undertaken via the App on changes in food intake and weight to see if greater use of the App is associated with greater changes in weight and food intake.

After the study, the anonymous data will be made publicly available and may be used for purposes not related to this study. We intend to publish the findings of this study in an academic journal and they may also be reported by the media. However it will not be possible to identify you from any of these reports or the data published.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

GOOGLE PLAY'S TERMS ALSO APPLY

The ways in which you can use the App may also be controlled by Google Play’s rules and policies, including but not limited to:

OPERATING SYSTEM REQUIREMENTS

This app requires a device with a minimum of 10mb of memory and the Android operating system (minimum version 2.3 (Gingerbread).

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support and Contact. If you want to learn more about the App or have any problems using it please email the lead researcher Dr Natalia Lawrence at foodtraining@exeter.ac.uk.

HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these terms you may:

  • Download or stream a copy of the App onto one device and view, use and display the App on such device for your personal purposes only.
  • Receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App. You may not otherwise transfer the App 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.

CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

Changes to these terms, if any, will be available on the food training website.

If you do not accept the notified changes you may continue to use the App in accordance with the existing terms but certain new features may not be available to you.

UPDATE TO THE APP

From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

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

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

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.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App 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.

LICENCE RESTRICTIONS

You agree that you will:

  • Not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
  • Not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
  • Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • Is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • Is not used to create any software that is substantially similar in its expression to the App;
  • Is kept secure; and
  • Is used only for the Permitted Objective;
  • Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

ACCEPTABLE USE RESTRICTIONS

You must:

  • Not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
  • Not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
  • Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
  • Not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

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.

We do not exclude or limit in any way our liability to you 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 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 App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App. The App is provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. 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.

Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the google play site) meet your requirements.

We are not responsible for events outside our control. If our provision of the App is delayed by an event outside our control then 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.

WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS

We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App:

  • You must stop all activities authorised by these terms, including your use of the App.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

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

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.