TERMS AND CONDITIONS

1. About The Terms

1.1 These Terms of Use ("Terms") set out the legally binding terms for your use of the www.moihealth.com website ("Website") and the mOI mobile application ("App") (together, the "Platform") operated by OtoImmune Ltd ("OtoImmune", "we", "us", "our").

1.2 By using all or any part(s) of our Platform, you agree to comply with and be bound in full by these Terms. If you do not agree, you must not use the Platform.

1.3 We recommend that you print or save a copy of these Terms for your records.

1.4 We may revise these Terms at our discretion from time to time without your consent, approval and/or prior (or post) notification. Please check this page periodically. Your continued access to or use of the Platform following publication of any revised Terms constitutes your acceptance of those changes. If you do not agree with any updated Terms, you must immediately stop using the Platform.

2. About Us

2.1 OtoImmune Ltd (company number 15799123) is a private company limited by shares and registered in England and Wales. Our registered office is located at: 20 Wenlock Road, London, N1 7GU, United Kingdom.

2.2 'mOI' and 'mOI Health' are trading names of OtoImmune for the provision of products and services, including those provided via the Platform.

2.3 If you have any questions regarding these Terms or otherwise wish to contact us, please email us at hello@moihealth.com. We will use reasonable endeavours to respond within 48 hours of receipt.

3. Other Applicable Terms

3.1 These Terms of Use are to be read together with the following policies and documents, which collectively form the legal agreement between you and OtoImmune:

  • 3.1.1 our Privacy Policy (governing our collection and use of personal data);
  • 3.1.2 our Cookie Policy; and
  • 3.1.3 our Terms and Conditions for Goods and Services.

3.2 If you take out an App membership or purchase any products or testing services via the Website, those activities will also be governed by our Terms and Conditions for Goods and Services.

4. Access to the Website and App

4.1 You may access and browse the Website free of charge for general information and marketing purposes.

4.2 Access to and use of the App (when available) will require a valid membership (obtained via subscription). Memberships for the App will be available for purchase through the Website, and an account must be created as part of the sign-up process. Whilst subscriptions to the app will often require a purchase, we may from time to time offer promotional memberships and rates to you, including free trials and/or free use of the App, promotional credits and/or discounts. All membership/subscription key terms will be communicated clearly to you on the Website pursuant to applicable law, rule and regulations.

4.3 To order health tests or to purchase an App subscription, you must first register for an account and provide accurate, complete, and up-to-date information.

4.4 We do not guarantee uninterrupted or error-free access to the Platform. Access in whole or in part may be suspended, withdrawn, or restricted temporarily or permanently, at our sole discretion and otherwise as we may deem appropriate, without notice. This notwithstanding, we will endeavour to provide notice where possible.

4.5 We may update or amend the Platform and its contents at any time without prior notice.

5. User Accounts and Security

5.1 You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

5.2 You must notify us immediately of any unauthorised access to or use of your account.

5.3 We reserve the right to suspend, withdraw access to and/or terminate in whole or in part any account or part thereof at our discretion where we reasonably suspect misuse, breach of these Terms, or fraudulent activity.

6. Intellectual Property

6.1 Unless expressly stated otherwise, all intellectual property rights in and to the Platform, its underlying software, design, structure, compilation, and all text, graphics, images, audio, video, data, and other materials appearing on or forming part of it (collectively, the "Content") are owned in full by or licensed to OtoImmune and/or its licensors, suppliers, and service providers ("Licensors").

6.2 The Platform and all Content are protected by copyright, database rights, design rights, trademarks, and other intellectual property laws and treaties worldwide. All rights thereto and therein are reserved.

6.3 You are granted a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Platform for your own personal, non-commercial purposes, subject to these Terms.

6.4 Except as expressly permitted by us in writing, you must not:

  • 6.4.1 copy, reproduce, publish, distribute, sub-license, transmit, publicly display, or commercially exploit any part of the Platform or its Content;
  • 6.4.2 modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Platform;
  • 6.4.3 remove, obscure, or alter any proprietary notices or trademarks appearing on the Platform; or
  • 6.4.4 use the Platform or its Content for any unlawful purpose, in contravention of any part of these Terms or in a way that infringes any of our, or any third-party's intellectual property or other rights.

6.5 Any rights not expressly granted herein are reserved to OtoImmune and its Licensors. We may revoke or suspend, in whole or in part, your licence to use the Platform (or any part of it) at any time without notice or liability and reserve our rights to take legal action against you.

7. Acceptable Use and Prohibited Conduct

7.1 You must not use the Platform in any way that:

  • 7.1.1 breaches applicable local, national, or international law or regulation;
  • 7.1.2 is fraudulent, malicious, or harmful, including by introducing viruses, malware, or other technologically harmful material;
  • 7.1.3 attempts to gain unauthorised access to our servers, data, or networks;
  • 7.1.4 involves scraping, data mining, or any automated data extraction tools;
  • 7.1.5 transmits or uploads defamatory, obscene, indecent, discriminatory, or otherwise unlawful material;
  • 7.1.6 otherwise causes, or may cause, damage to all or any part of the Website, App or any other part of the Platform or which causes or may cause any impairment of the availability or accessibility of all or any part of the Platform; or
  • 7.1.7 misrepresents your identity or affiliation with any person or organisation.

8. Disclaimer

8.1 The Platform and any information or materials made available through it are provided for general information purposes only.

8.2 Nothing on the Platform constitutes or is intended to constitute medical, diagnostic, therapeutic, or other professional advice, nor should it be relied upon as such.

8.3 We make no representations, warranties, or guarantees, whether express or implied, that:

  • 8.3.1 any information or Content on the Platform is accurate, complete, current, or suitable for any particular purpose;
  • 8.3.2 the Platform or its Content will meet your requirements or expectations; or
  • 8.3.3 any results or outcomes obtained from use of the Platform are reliable, accurate, or error-free.

8.4 You are solely responsible for any decisions, actions, or omissions taken on the basis of information obtained from the Platform. You must always seek advice from an appropriately qualified healthcare professional, or other relevant professional adviser, before making any medical, lifestyle, or health-related decision.

8.5 To the fullest extent permitted by law, OtoImmune disclaims any and all liability arising from any reliance placed by you or any third party on information or materials obtained through the Platform.

9. Linking and Third-Party Sites

9.1 The Platform may include links to or integrations with third-party websites, applications, or services. Such links are provided for convenience only and do not imply endorsement, affiliation, or responsibility for their content.

9.2 We have no control over third-party sites and accept no liability for any loss or damage that may arise from your use of them (and hereby exclude them to the fullest extent permitted by law).

9.3 You may link to our homepage only in a fair, legal manner that does not damage our reputation or suggest association without our written consent. We reserve the right to withdraw linking permission at any time or otherwise on such terms as we may determine, in our discretion. Furthermore, any website in which you are linking must comply with our 'Accepted Use and Prohibited Conduct' provisions of these Terms.

10. Viruses and Security

10.1 We do not guarantee that the Platform will be secure or free from errors, bugs, or viruses. Downloadable items may be made available by Us and if so, are provided to you on an 'as is', 'as available', 'with all faults' basis. We make no representations to you as to the quality or otherwise of these downloadable items.

10.2 You are responsible for configuring your own IT systems, antivirus software, and security measures to access the Platform safely.

10.3 You must not misuse the Platform by knowingly introducing viruses, trojans, worms, or other harmful code, nor attempt to gain unauthorised access to the Platform, its servers, or any connected systems.

10.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of all or any part of the Platform and any goods and/or services we enable or to your downloading of any content via the Platform, or on any website linked to it.

11. Liability

11.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded by law.

11.2 To the maximum extent permitted by law, we exclude all conditions, warranties, representations, or other terms that may apply to the Platform or any Content, whether express or implied.

11.3 We will not be liable to you (under tort, contract, breach of statutory duty of otherwise) for any:

  • 11.3.1 loss of profits, revenue, business, contracts, goodwill, or anticipated savings;
  • 11.3.2 loss or corruption of data, information, or software; or
  • 11.3.3 indirect, consequential, or special loss or damage,

arising out of or in connection with your use of (or inability to use) the Platform (or any part of it) or any reliance placed upon its Content.

11.4 We only provide the Platform for domestic and private use. You agree not to use the Platform for any commercial or business purposes.

12. Termination and Suspension

12.1 We may suspend or permanently terminate your access to the Platform at any time without notice if you breach these Terms.

12.2 On termination, all rights granted to you under these Terms will immediately cease.

13. Entire Agreement

These Terms of Use, together with our Privacy Policy, Cookie Policy, and General Terms and Conditions for Goods and Services, constitute the entire agreement between you and OtoImmune in relation to your use of the Platform.

14. Governing Law and Jurisdiction

These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.