EULA - App End User Licence Agreement

Who we are and what this agreement does

We Select Research Limited of Malvern Hills Science Park Geraldine Road Malvern WR14 3SZ
license you to use:
● The myBVI and BVI Pro mobile application software, the data supplied with the software, (App) and any
updates or supplements to it;
● The electronic documentation (Documentation);
● The service you connect to via the App and the content we provide to you through it (Service);
as permitted in these terms.

Your privacy

Under data protection legislation, we are required to provide you with certain information
including who we are, how we process your personal data and for what purposes and your rights
in relation to your personal data and how to exercise them. This information is provided in
https://www.bodyvolume.com/privacy-policy, with additional terms set out in
https://www.bodyvolume.com/api-terms and it is important that you read that information.

Other terms that may apply to you

Our Cookie Policy set out in https://www.bodyvolume.com/cookie-policy, which sets out
information about the cookies used by the App also form part of these terms.

Google Play and Apple app Store's terms also apply

The ways in which you can use the App and Documentation may also be controlled by the
Google Play https://play.google.com/about/play-terms/index.html and Apple app Store 's
https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html rules and policies and
will apply instead of these terms where there are differences between the two.

Operating system requirements
This App requires a mobile phone with:
● an Android or iOS device using a currently supported operating system.
● an internet connection and
● a camera.

 

 

 

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Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them
please take a look at our support resources at https://www.bodyvolume.com/contact.

Contacting us (including with complaints). If you think the App or the Services are faulty or
misdescribed or wish to contact us for any other reason please email our customer service team
at info@select-research.com.

How we will communicate with you. If we have to contact you we will do so by email using the
contact details you have provided to us.

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 any supported mobile or handheld device and
view, use and display the App and the Service on such devices for your personal purposes only.
● use any Documentation to support your permitted use of the App and the Service.
● 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 must be 18 to accept these terms and buy the App

You must be 18 or over to accept these terms and buy the App.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above. You may
not otherwise transfer the App or the Service 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.
We will give you at least 30 days’ notice of any change by sending you an email with details of the
change or by popup notification within the App of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App
and the Service and you may apply to the Appstore for a refund, which will reflect the period the
App and the Service have been available to you prior to cancellation.
 

 

 

 

 

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve
performance, enhance functionality, reflect changes to the operating system or address security
issues. Alternatively we may ask you to update the App for these reasons.
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 and the Services.
The App will always work with the current or previous version of the operating system (as it may
be updated from time to time) and] match the description of it provided to you when you bought
it.

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 or any Service 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:
● (except in the course of permitted sharing) not rent, lease, sub-license, loan, provide, or
otherwise make available, the App or the Services in any form, in whole or in part to any
person without prior written consent from us;
● not copy the App, Documentation or Services, 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,
Documentation or Services nor permit the App or the Services or any part of them to be
combined with, or become incorporated in, any other programs, except as necessary to use
the App and the Services 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 or the Services 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:

o 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
o is not used to create any software that is substantially similar in its expression to the
App;

o is kept secure; and
o 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 or any Service.

Acceptable use restrictions

You must:

● not use the App or any Service 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, any
Service or any operating system;
● not infringe our intellectual property rights or those of any third party in relation to your use
of the App or any Service, including by the submission of any material (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 or any Service;
● not use the App or any Service in a way that could damage, disable, overburden, impair or
compromise our systems or security or interfere with other users; and
● not collect or harvest any information or data from any Service or our systems or attempt to
decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the
world belong to us and the rights in the App and the Services are licensed (not sold) to you. You
have no intellectual property rights in, or to, the App, the Documentation or the Services 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 and the Services. The App and the Services are provided for general
information and entertainment 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 or the Service. Although we make reasonable
efforts to update the information provided by the App and the Service, 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 or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been
developed to meet your individual requirements. Please check that the facilities and functions of
the App and the Services (as described on the Appstore site and in the Documentation) meet your
requirements.

We are not responsible for events outside our control. If our provision of the Services or support
for the App or the Services is delayed by an event outside our control then we will contact you as
soon as possible to let you know and 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 and receive a refund for any
Services you have paid for but not received.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services 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 and Services:
● You must stop all activities authorised by these terms, including your use of the App and any
Services.
● 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 and cease providing
you with access to the Services.

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 agreement, 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 agreement, 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 agreement 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.

Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a
dispute and seeks to resolve it, without you having to go to court. If you are not happy with how
we have handled any complaint, you may want to contact the alternative dispute resolution
provider we use. You can submit a complaint to CEDR at info@cedr.com or via their website at
https://www.cedr.com/consumer/. CEDR will not charge you for making a complaint and if you
are not satisfied with the outcome, you can still bring legal proceedings.

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To Download a PDF copy of thia EULA please click here.