Ankaa

Terms and conditions

We are Tapp Collective Ltd, with registered offices located at 31 Heath Drive, London NW3 7SB, England, the creators of the Ankaa app (referred to below as the ‘App’).

By downloading the App, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy, available at https://ankaahealing.com/privacy before you download and use the App. Only download the App if you have read the rules and agree to them.

If you do not agree to these terms, we will not allow you to use the App and you should not download it.

In this agreement:

1 Our services

(a)Tapp Collective Ltd is the developer and supplier of the App

(b)Tapp Collective Ltd has developed the App which is intended to provide guided wellness content including acupressure-based practices, meridian-based guidance, mindfulness exercises, affirmations, and emotional support tools. The App uses a proprietary machine learning model to deliver personalised in-session wellness recommendations based on symptom and emotional inputs selected by the user. The App is not a medical device and does not provide medical advice, diagnosis, or treatment.

2 These Terms

(a)These terms are an agreement between you and us and:

(i)Apple is not a party to this agreement and has no responsibility for the app or its content; and

(ii)Google is not a party to this agreement and has no liability under it.

(b)We license you to download and use the App:

(i)For iOS users, onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Store Rules

(ii)For Google Play Store users, to use the App provided you follow all of the rules described in this agreement and also Google’s rules.

(c)The licence:

(i)is only for you personally (and anyone else that Apple or Google (as applicable) permits, for example through family sharing) and for non-business use;

(ii)starts when you download the App; and

(iii)covers content, materials, or services accessible from, or bought in, the App including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept

(d)The App can be accessed, used and downloaded by other accounts that are associated with you through family sharing or volume purchasing in accordance with the App Store or Google’s Rules (as applicable).

(e)You must comply with the App Store Rules and Google’s Rules (as applicable) as well as these terms but, if there is any conflict between them, you should follow the App Store Rules or Google’s Rules rather than the equivalent rule here.

(f)You do not own the App or any of its contents but you may use it on devices that you own or control, as permitted by these terms and by the App Store Rules or Google’s Rules (as applicable).

(g)If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device.

(h)You are not allowed to:

(i)modify the App’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;

(ii)deliberately attempt to avoid or manipulate any security features included in the App; or

(iii)pretend that the App is your own or make it available for others to download or use (including by way of copying the code of the App and creating an independent version).

(i)You must be 18 or over to create an account and use the App. By creating an account, you confirm that you are 18 or over.

3 Support and contact

(a)We are responsible for customer service in relation to the App and can help you if you are having any issues.

(b)For iOS users, you acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the App, although if the App is faulty, you may be able to claim a refund for paid content or services — please see clause 12(d).

(c)For Google users, you acknowledge that Google has no obligation to provide any support or maintenance services in relation to the App. Refunds may be available to you in a range of circumstances, either from Google or from us. See Google’s refund policies for more information.

(d)If you need to get in touch with us, you can use the ‘contact us’ functionality provided in the app. If we need to get in touch with you, we will do so by email or an in-app notification.

(e)Our privacy policy, available at https://ankaahealing.com/privacy, explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.

4 Collection of technical information

We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the App. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.

5 Push Notifications

The App may request your permission to send you push notifications (for example, to remind you three days before your free trial expires). You can control notification permissions in your device settings at any time. The App does not collect or process your precise GPS location.

6 SUBSCRIPTION AND MEMBERSHIP

(a)The App is offered on a subscription basis. The following plans are currently available: (a) a monthly subscription plan; and (b) an annual subscription plan. A 7-day free trial is available to new subscribers, after which your subscription will automatically renew at the applicable rate unless cancelled before the trial period ends.

(b)Payment is processed through Apple App Store or Google Play Store (as applicable) in accordance with their respective terms and billing policies. We do not collect or store your payment card details. Subscriptions can be managed or cancelled at any time through your App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period; no partial refunds are provided except where required by applicable law or App Store/Google Play policies.

7 Ownership, Use and Intellectual Property Rights

(a)The intellectual property rights in the App and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the App (the ‘Content’) are owned by us and our licensors.

(b)We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, patents, trademarks, service marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners or licensors of them and are free to use them as we see fit.

(c)Nothing in these terms grant you any legal rights in the App or the Content other than as necessary for you to access it and use it. You agree not to adjust, try to circumvent or delete any notices contained in the App or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the App or the Content.

(d)Trademarks: “Ankaa”, “Tapp Collective Ltd” and associated logos are trade marks of Tapp Collective Ltd. Other trademarks and trade names may also be used on the App or in the Content. Use by you of any trade marks on the App or in the Content is strictly prohibited unless you have our prior written permission.

8 Acceptable use

(a)You must not use the App to do any of the following things:

(i)break the law or encourage any unlawful activity;

(ii)send or upload anything that is (or might be considered to be) defamatory, offensive, obscene, containing or representing sexually explicit images and/or discriminatory (including but not limited to, in relation to race, gender, religious beliefs, sexual orientation or disability);

(iii)infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);

(iv)transmit any harmful software code such as viruses;

(v)try to gain unauthorised access to computers, data, systems, accounts or networks; or

(vi)deliberately disrupt the operation of anyone’s website, mobile application, server or business.

(b)Tapp Collective Ltd reserves the right to delete any Content which is not compliant with the present clause.

(c)Any submission you make to the App, and any other communication to users of the App by you, must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, any submission or communication by you must:

(i)not be offensive, obscene, sexually explicit, discriminatory or deceptive;

(ii)be unlikely to cause offence, embarrassment or be construed as, or constitute harassment to others;

(iii)be factually accurate or your own genuinely held belief; and

(iv)be your own original work (where applicable) and lawfully submitted.

(d)While we use all commercially reasonable efforts to make sure that the App is secure and accurate, we do not actively monitor or check at all times whether information supplied to us through the App is factual, exact, confidential, commercially sensitive or valuable.

(e)Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the App will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

9 Updates to the App

(a)We may update the App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that, we will ensure that the App still meets the description of it that was provided to you at the time you downloaded the App.

(b)Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.

(c)We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the App updated to the latest version that we make available.

10 Changes to these terms

(a)We may need to revise these terms from time to time to reflect changes in the App’s functionality, to deal with a security threat or if there is a change in the law or guidance.

(b)You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the App. Google users may be able to request a refund in these circumstances.

11 External services

(a)The App may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).

(b)We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.

(c)You must not use external services in any way that:

(i)is inconsistent with these terms or with the terms of the external service; or

(ii)infringes our intellectual property rights, or the intellectual property rights of any third party.

(d)From time to time, we may change or remove the external services that are made available through the App.

12 Liability

(a)Nothing in these terms shall exclude or limit Tapp Collective Ltd’s liability for death or personal injury caused by our negligence or wilful misconduct, liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under the laws of England and Wales.

(b)Subject to clause 12(a), Tapp Collective Ltd shall bear no liability of any kind whatsoever for (but not limited to) any direct or indirect/consequential, foreseeable or unforeseeable, losses, costs, damages, fees, expenses, any inaccuracy or misleading information, any loss of profit, revenue, suffered by you or any third-party, relating to, in connection with, or arising from, this agreement, the Tapp Collective Ltd’s products and services and/or the App.

(c)In any case, subject to clause 12(a) and to the extent permitted under applicable law, Tapp Collective Ltd’s total aggregate liability arising from or in connection with this agreement, the Tapp Collective Ltd and/or the App (whether the liability arises because of breach of contract, tort or for any other reason) shall be limited to the greater of fifty pounds sterling (£50) and the total amount you paid for the App in the 12 months before the event giving rise to the claim.

(d)If the App fails to meet the standards required by law (including that the App is of satisfactory quality, fit for purpose and as described), please contact Apple who will provide you with a full refund of the price you paid for the App, in the event that the App was not made available for free. Apple has no other responsibility or obligation in relation to the App beyond providing a refund in the circumstances described in the present clause 12(d).

13 Failures of networks or hardware

The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the App Store or Google Play (as applicable), are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty GPS signal, failing in the API with any suppliers of our Content or related features), App Store failure or failure of Google Play to function properly (as applicable) or anything else that it would not be reasonable to expect us to control.

14 Ending these terms

(a)We can end these terms and our agreement with you, if you do not comply with any part of them

(b)We will give you a reasonable amount of notice before the terms and our agreement with you ends but if what you have done is serious then we may end our agreement with you immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the App or doing anything else that we think presents a big enough risk to justify us ending our agreement with you quickly.

(c)The consequences of our agreement with you ending are as follows:

(i)you are no longer allowed to use the App and we may remotely limit your access to it;

(ii)you must delete it from any devices that it has been installed on;

(iii)we may delete or suspend access to any accounts that you hold with us; and

(iv)you are not entitled to a refund to the extent you paid for the App or any of its features.

15 Third parties

(a)No one other than us or you has any right to enforce these terms, except that in the case of iOS users:

(i)Apple and Apple’s subsidiary companies are third party beneficiaries of these terms and to this agreement. This means that if you breach any of these terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.

16 Transferring these terms

(a)We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.

(b)You are not allowed to transfer your rights under these terms to anyone without our prior written consent.

17 Health and Wellness Disclaimer

The App provides general wellness and self-care content only. It does not provide medical advice, diagnosis, or treatment, and is not a regulated medical device. Nothing in the App creates a doctor–patient or therapeutic relationship between you and us. You should not rely on the App as a substitute for professional medical advice. If you have any health concerns, you should consult a qualified healthcare professional. Full details are set out in the Health Disclaimer, which forms part of these terms and conditions.

18 Governing law and jurisdiction

(a)The laws of England and Wales apply to this agreement, although if you are resident elsewhere acting in a non-professional capacity, you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.

(b)Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of another part of the UK in which you live.