Tinnitus Tailor is an app operated by Glasgow Neuro LTD ("We"). We are a private company limited by shares incorporated in Scotland on 19 April 2016 under the Companies Act 2006 with registered company number SC533018 and having its registered office at 28 Harley Street, 1/1, Glasgow, Scotland, G51 1AJ. Our VAT number is 254 4867 77.
As a benefit you'll have an app which might help you to manage your tinnitus! With the App you can generate Tailors, personally tailored audio sounds: the app plays random modifications of different sounds and you teach it which of these sounds are useful for you. You can play them back whenever you like and create as many variations as you like. However, We are still in the early stages of developing the App. The effectiveness of the App is so far unproven as there is only feedback from a handful of subjects. You acknowledge that the App is not a medical device and we do not claim that the app will treat or alleviate tinnitus. The App is not meant to replace professional, legal or medical advice, or advice on any other subject which a professional may give or have given.
Playing audio has an inherent risk as high volumes might cause tinnitus. Since the cause of tinnitus is largely unknown, listening to the audio bears a small risk that it might make your tinnitus worse. We minimise the risks of this happening by setting the initial sound volume to very quiet and giving you the control, it's up to you to increase it to higher volumes.
From time to time we will test to see if this app is better than just playing some audio or white noise. In order to test this, the app might just play the original sounds without your personal training which act here as a 'placebo'. We then compare the listening durations and retention times between the placebo sound and your actual personalised Tailors and use this info to show that the app actually is effective. This will help us immensely to improve the app and will show that the app is helpful. We will only turn one of your Tailors into a placebo, if you have recorded a few Tailors you will naturally switch to another one!
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described meets your requirements.
We only supply the App for domestic and private use. You agree not to use the App for any other commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions of use or our negligence up to cost of the App, but we are not responsible for any unforeseeable loss or damage.
The App is not intended as an aid to care, and no warranty or guarantee can be given that it will provide the facilities it is intended to provide in all circumstances; total reliance should not therefore be placed on it, in particular on the connectivity, software and hardware resilience or other circumstances. You acknowledge and agree that no medical advice, medical service, medical information or other medical engagement is provided through the App or otherwise by us or by anyone on our behalf, and that you are installing and (if applicable) using the App at your own risk, without any reliance, assumption, expectation, or intent whatsoever that the App or we shall provide you any medical advice, medical service, medical information or other medical engagement.
You assume any and all risks associated with the use of this App.
We will not be liable for any loss nor will you be entitled to reimbursement if the services provided through the App are discontinued. Our maximum aggregate liability whether in contract, delict (including negligence) or otherwise, shall in all circumstances be limited to the cost of the App.
In no event will the author be held liable for any damages, injuries or death arising from the use, misuse, or malfunction of this software.
We may revise these terms and conditions of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
We may update the App from time to time, and may change the content at any time. However, please note that any of the content on the App may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that the App, or any content on it, will be free from errors or omissions.
We do not guarantee that the App, or any content on it, will always be available. We may suspend, withdraw, discontinue or change all or any part of The App without notice. We will not be liable to you if for any reason the App is unavailable at any time.
You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your device or internet connection are aware of these terms and conditions of use and other applicable terms and conditions, and that they comply with them.
You are provided with a user identification (“random ID”) which you must treat as confidential. You must not disclose it to any third party.
You acknowledge that all intellectual property rights in the App, and the technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the technology other than the right to use each of them in accordance with these terms and conditions of use.
You acknowledge that you have no right to have access to the App in source-code form.
We shall have a royalty-free, worldwide, transferable, sub-licensable, perpetual license to use and incorporate into the App or any services any suggestions, enhancement requests, recommendations or other feedback provided by you, including users, relating to the operation of the App and/or services. We shall exclusively own all intellectual property rights in our expression of any such incorporated suggestion/s and you hereby waive any rights, past, present and future, that you may have in relation to the same.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree that these terms and conditions of use, its subject matter and its formation, are governed by Scots law. You and we both agree that the courts of Scotland will have exclusive jurisdiction.
This agreement has been entered into on the date on which you download the App.