Last updated: 09 March 2024

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Please read these terms and conditions carefully before using Our Service.

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Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

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Definitions

For the purposes of these Terms and Conditions:

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​Application means the software program provided by the Company downloaded by You on any electronic device, named KeepTrackMed

Account means a unique account created for You to access Our Service or parts of Our Service.

Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms and Conditions) refers to Keep Track Solutions Ltd, a company registered in Scotland under company number SC742035 with its registered office at Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, Scotland, G2 1BP.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.

Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

Service refers to the Application or the Website or both.

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.​

Website refers to KeepTrackMed, accessible from http://www.keeptrackmed.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

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Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

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By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

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You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

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Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the privacy and cookie policy of the Company. Our privacy and cookie policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our privacy and cookie policy carefully before using Our Service.

Personal Use

By agreeing to use the Service, You acknowledge and agree that the Service is provided solely for Your personal, non-commercial use. You may not use the Service for any commercial or business purposes, and You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit any portion of the Service for any commercial purposes.

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If the Company determines that You have breached this provision, it reserves the right to terminate Your Account immediately, without notice or refund. It is Your responsibility to ensure that Your use of the Service complies with these Terms and Conditions, and You agree to indemnify and hold the Company harmless from any and all claims arising out of Your violation of these provisions.

Subscriptions

Downloading the Application

The Application is available to download from the Apple App Store or Google Play Store. Please note that Your use of the Application may be subject to the rules of the app store from which You downloaded the Application. You should read the terms and conditions and privacy and cookies policy of the app store as these will apply to Your downloading of the Application.

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Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan You select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

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Billing

You shall provide Our third party payment provider either Google Play or Apple, with accurate and complete billing information which may include full name, city, postcode, a valid payment method information.

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Should automatic billing fail to occur for any reason, You will be issued an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

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Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

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The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

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Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

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Refunds

Except when required by law, paid Subscription fees are non-refundable.

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Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

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Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

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You are not required to enter Your billing information in order to sign up for the Free Trial.

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If You do enter Your billing information during your Free Trial period, any unused portion of the free trial will be forfeited on purchase of a Subscription.

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At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

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You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

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You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

User Content

Through Your use of Our Service, You will have the ability to upload content to the Service. This includes, without limitation, information about medical tests, injuries, skin issues, medications, symptoms, and vaccinations, together with photos or files that You choose to upload. Those photos or files can be of anything, and may include sensitive photos or files of visible medical conditions, prescriptions, medication packaging, and the image of Yourself of those that use our Service under Your Account. Such photos and files constitutes special category data under the Data Protection Act 2018 and the EU law retained version of the General Data Protection Regulation ((EU) (2016/679) and accordingly We shall process that personal data in accordance with Our privacy and cookie policy, available on Our Website. You are responsible for the photos or files that You upload to the Service, which We have no access to nor can We see, but they are still stored on our servers. You warrant to Us that You have the consent of any third party to upload those photos or files to the Service, and You agree to indemnify Us against any claims, losses, costs and expenses of third parties should You be in Your warranty and upload those photos or files without proper consent.

Intellectual Property

The Company and its authorised licensors retains all right, title and interest  in and to the Service and its original content, including without limitation trademarks, software, code, data, features and functionality, and other materials associated with the Service (“Intellectual Property”) but excluding any content provided by You or other users, and the Intellectual Property will remain the exclusive property of the Company and its licensors.

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The Service is protected by copyright and trademark across the world and all rights are reserved.

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Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

You acknowledge and agree that the Company owns all Intellectual Property and that You have no right or license to use any Intellectual Property except as expressly provided in these Terms and Conditions.

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Subject to the Terms and Conditions, the Company grants You a limited, non-exclusive, non-transferable, revocable license to use the Service for Your personal, non-commercial use. You agree that You will not use the App for any commercial or business purposes.

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You may not copy, modify, distribute, sell, or transfer any part of the Service or the Intellectual Property, or create any derivative works based on the Service or the Intellectual Property, without the prior written consent of the Company. You may not reverse engineer, decompile, or disassemble the Service, or attempt to derive the source code of the Service, except to the extent that such activity is expressly permitted by applicable law.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

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The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

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We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Inactivity and Termination

Your Subscription will continue for as long as You pay the Subscription fees when due, or as long as you are using the Service with the Free Plan. However, if Your account is unpaid and is inactive for a continuous period of 4 months, the Company reserves the right to terminate Your Account without notice and without any refund. You will receive a notification 7 days prior to the termination of Your Account due to inactivity. To prevent Your Account from being terminated, log in use the Service or pay for a Subscription.

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We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

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Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply delete Your Account by accessing the settings in the Subscription area of the Service.

Not Medical Advice

The Company does not provide any medical advice, diagnosis or treatment. The Application Service is for informational purposes only. Please consult a medical professional if You have any questions about Your health.

Limitation of Liability and Indemnification

The Company does not exclude or limit in any way Our liability to You where it would be unlawful to do so. Nothing in these Terms and Conditions shall limit Our liability for death or personal injury arising from Our negligence, or for fraud, or for anything else which cannot be limited or excluded by applicable law.

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The Company shall not be liable in contract, tort (including negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise to You or any third party for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with Your use of the Service, including without limitation damages for loss of profits, loss of data or other information, for business interruption, loss of privacy, arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms and Conditions, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.  In particular, We exclude legal responsibility for any indirect, special or consequential loss or damage.

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The Company’s legal responsibility to You under these Terms and Conditions shall be limited to the total Subscription fee paid by You to the Company in the 12 months preceding a claim.

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You agree to defend, indemnify, and hold the Company harmless from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, legal fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Service, excluding, however, any such expenses and liabilities which may result from a breach of these Terms and Conditions or sole negligence or wilful misconduct by Us. In consideration of and as part of Your use of the Service, You hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Us of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in an equity arising from Your use of the Service.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

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Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Third Party Rights

Unless it expressly states otherwise, these Terms and Conditions do not give rise to any rights under the Contracts (Third Party Rights) (Scotland) Act 2017 to enforce any term of these Terms and Conditions.

Notices

If either of the parties wishes to give a notice to the other under these Terms and Conditions, they must give it in writing and send it by email. Delivery by email will be regarded as completed at the time of transmission. This arrangement does not apply to the service of any documents in legal proceedings.

Entire Agreement

These Terms and Conditions and any other document specifically referred to herein contains the entire agreement between Us and You with respect to its subject matter and formation. These Terms and Conditions supersede and extinguish any and all previous agreements, representations, warranties, promises, assurances, and understandings between Us and You relating to its subject matter and formation.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

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By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Governing Law and Jurisdiction

These Terms and Conditions any non-contractual obligations arising hereunder, shall be governed by, and interpreted according to Scots law and all disputes arising under these Terms and Conditions (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Scottish courts.

Contact Us

If You have any questions about these Terms and Conditions, You can contact Us:

• By email: info@keeptrackmed.com