TERMS AND CONDITIONS

1. About The Terms

  1. These Terms of Use (“Terms”) set out the legally binding terms for your use of the www.moihealth.com website (“Website”) the mOI web application (accessible via the website) (the “Web App” and the mOI mobile application available on iOS and Android (“App”) (and the Website, Web App and App together being, the “Platform”) operated by OtoImmune Ltd (“OtoImmune”, “we”, “us”, “our”).
  2. The Website provides general information and marketing content and is accessible free of charge. The Web App is the primary interface for account creation, Membership purchase, test ordering, payment and results access, and requires a valid Membership. The App provides access to, amongst other things, health tracking, AI-generated insights, results and other Platform features following account creation and Membership activation, and also requires a valid Membership. Certain features within the App — including account management and purchasing — may redirect you to the Web App to complete.
  3. 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.
  4. We recommend that you print or save a copy of these Terms for your records. 
  5. 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

Any references herein to “Membership” or “Services” has the meaning given to them in our Terms and Conditions of Sale.

  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. ‘mOI’ and ‘mOI Health’ are trading names of OtoImmune for the provision of products and services, including those provided via the Platform.
  3. We operate a dedicated support system to ensure your queries are handled efficiently and by the right member of our team. The following contact details apply depending on the nature of your query:
    1. general enquiries and questions about our products and services should be directed to: hello@moihealth.com; 
    2. support queries relating to your Membership, account, orders, Test Kits, phlebotomy appointments, results or any other aspect of the Platform should be directed to : support@moihealth.com. Emails to this address will automatically generate a support case on our customer management system, which will be triaged and assigned to the appropriate member of our team. We will use reasonable endeavours to respond to all support cases within 48 hours of receipt, excluding weekends and UK public holidays;
    3. Data protection queries and requests to exercise your data subject rights should be directed to: dataprotection@moihealth.com; and 
    4. marketing and press enquiries should be directed to: marketing@moihealth.com. 
  4. Where these Terms require you to notify us of something, the appropriate contact address is specified in the relevant clause. Notices sent to an incorrect address may result in delay and we cannot guarantee response times for queries sent to an address other than the one specified for that purpose.

‍

3. Other Applicable Terms

  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:
    • our Privacy Notice (governing our collection and use of personal data) and accompanying consents; and
    • our Terms and Conditions of Sale.
  2. If you purchase a Membership or order any products or testing Services via the Platform, those activities will also be governed by our Terms and Conditions of Sale, which set out in full the terms applicable to your Membership, individual Service contracts, cancellation rights and associated consumer protections. In the event of any conflict between these Terms and our Terms and Conditions of Sale, the Terms and Conditions of Sale shall prevail to the extent of that conflict.

‍

4. Access to the Website and App

  1. Access to the Website:
    • The Website is accessible free of charge for general information and marketing purposes. No account or Membership is required to browse the Website.
  2. Access to the Web App and the App:
    • Access to and use of the Web App and App requires a valid Membership. An account must be created as part of the sign-up process, and accurate, complete and up-to-date information must be provided. Full details of the Membership, including pricing, billing, renewal and cancellation terms, are set out in our Terms and Conditions of Sale.
    • We may from time to time offer promotional Memberships, free trials, discounts or credits. Where offered, all key terms applicable to any such promotion will be communicated clearly to you on the Platform in accordance with applicable law. Free trials and promotional offers are exceptions to standard paid Membership and do not affect the general requirement to hold a paid Membership to access the Web App or App. Please see our Terms and Conditions of Sale for more information.
    • To order health tests or Services, you must hold an active Membership and have a registered account. Full details of the ordering process are set out in our Terms and Conditions of Sale.
    • 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, including for maintenance, security or regulatory reasons. Where the Platform is unavailable for a continuous period exceeding 72 hours due to circumstances within our reasonable control, you may be entitled to a pro-rata credit against your next Membership fee in accordance with our Terms and Conditions of Sale. We will endeavour to provide advance notice of planned maintenance where possible. Nothing in this disclaimer affects any rights you may have as a Membership subscriber in relation to Platform unavailability, as set out in our Terms and Conditions of Sale
    • We may update or amend the Platform and its contents at any time. Material changes to Platform features that affect your Membership will be communicated in accordance with the terms revision provisions of these Terms and our Terms and Conditions of Sale.

‍

5. User Accounts and Security

  1. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You must notify us immediately at support@moihealth.com of any unauthorised access to or use of your account or any suspected breach of security. A support case will be raised automatically and a member of our team will respond as soon as possible.
  2. We reserve the right to suspend, withdraw access to and/or terminate in whole or in part any account at our discretion where we reasonably suspect misuse, breach of these Terms, or fraudulent activity.
  3. Full details of account eligibility, security obligations, Membership requirements, dormant account provisions and account closure are set out in our Terms and Conditions of Sale. In the event of any conflict between the provisions of these Terms and the Terms and Conditions of Sale in relation to account matters, the Terms and Conditions of Sale shall prevail.

‍

6. Intellectual Property

  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”).
  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.
  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.
  4. Except as expressly permitted by us in writing, you must not:
    • copy, reproduce, publish, distribute, sub-license, transmit, publicly display, or commercially exploit any part of the Platform or its Content;
    • modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Platform;
    • remove, obscure, or alter any proprietary notices or trademarks appearing on the Platform; or
    • 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.
  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.
  6. Where you input personal health data into the Platform or receive personalised outputs generated by the Platform, your rights in relation to that data and those outputs are governed by our Terms and Conditions of Sale and our Privacy Notice. Nothing in this clause affects those rights.

‍

7. Acceptable Use and Prohibited Conduct

  1. You must not use the Platform in any way that:
    • breaches applicable local, national, or international law or regulation;
    • is fraudulent, malicious, or harmful, including by introducing viruses, malware, or other technologically harmful material;
    • attempts to gain unauthorised access to our servers, data, or networks;
    • involves scraping, data mining, or any automated data extraction tools;
    • transmits or uploads defamatory, obscene, indecent, discriminatory, or otherwise unlawful material; 
    • 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
    • misrepresents your identity or affiliation with any person or organisation.
  2. In addition, in relation to the Web App and App specifically, you must not: input false, misleading or fabricated health data into the Platform; attempt to manipulate, reverse engineer or circumvent the Platform's AI insights engine or any other automated feature; use the Platform or any outputs generated by it for any commercial, professional or clinical purpose without our prior written consent; share, publish or distribute any personalised outputs generated by the Platform — including AI-generated insights, GP letters or health summaries — for any purpose other than your own personal use or sharing with a healthcare professional in connection with your own care; or access or attempt to access any other user's account, data or outputs.

‍

8. Disclaimer

  1. The Website and any information or materials made available through it for general browsing purposes are provided for general information purposes only. Nothing on the Website constitutes or is intended to constitute medical, diagnostic, therapeutic, or other professional advice, nor should it be relied upon as such.
  2. The Web App and App form part of a regulated digital health platform. The Platform (excluding the Website) is classified as a Class I Software as a Medical Device (SaMD) under the UK Medical Devices Regulations 2002, self-certified by OtoImmune. The Platform is designed to provide informational and organisational outputs only. It does not provide clinical diagnosis, treatment recommendations or clinical decision support. Full details of the intended use and limitations of the Platform are set out in the Medical Disclaimer in our Terms and Conditions of Sale, which you should read carefully before using the Platform.
  3. We make no representations, warranties, or guarantees, whether express or implied, that:
    • any information or Content on the Platform is accurate, complete, current, or suitable for any particular purpose;
    • the Platform or its Content will meet your requirements or expectations; or
    • any results or outcomes obtained from use of the Platform are reliable, accurate, or error-free.
  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.
  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

  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.
  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).
  3. You may link to our homepage only with our prior written consent and in a fair and legal manner that does not damage our reputation or suggest any endorsement, affiliation or association with OtoImmune that does not exist. We reserve the right to withdraw any linking permission granted at any time, at our discretion and without notice.

10. Viruses and Security

  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. Nothing in this disclaimer affects any rights you may have as a Membership subscriber in relation to Platform unavailability, as set out in our Terms and Conditions of Sale.
  2. You are responsible for configuring your own IT systems, antivirus software, and security measures to access the Platform safely.
  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.
  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

  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.
  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.
  3. We will not be liable to you (under tort, contract, breach of statutory duty of otherwise) for any:
    • loss of profits, revenue, business, contracts, goodwill, or anticipated savings;
    • loss or corruption of data, information, or software; or
    • 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. Nothing in this clause affects any rights you may have as a Membership subscriber in respect of Platform unavailability, as set out in our Terms and Conditions of Sale, or any rights you have under the Consumer Rights Act 2015.

  1. We only provide the Platform for domestic and private use. You agree not to use the Platform for any commercial or business purposes.
  2. Subject to clause 11.1 and applicable law, our total liability to you under 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 is limited to the total Membership fees paid by you in the 12-month period immediately preceding the event giving rise to the claim, and in no event shall our aggregate total liability to you across all contracts exceed the total amount paid by you to us in the 12-month period immediately preceding the event giving rise to the claim.

12. Termination and Suspension

  1. We may suspend or permanently terminate your access to the Platform, or any part of it, at any time if you breach these Terms or our Terms and Conditions of Sale. Where termination affects an active Membership, any applicable refund entitlement will be determined in accordance with our Terms and Conditions of Sale. On termination, all rights granted to you under these Terms will immediately cease. You may also request voluntary closure of your account at any time by contacting us at support@moihealth.com in accordance with the account closure provisions of our Terms and Conditions of Sale.
  2. On termination, all rights granted to you under these Terms will immediately cease.

13. Data Protection

  1. We process personal data in accordance with UK data protection laws and our Privacy Notice. By using the Platform, you acknowledge that we will process your personal data as described in our Privacy Notice, which forms part of the agreement between you and OtoImmune and which we recommend you read carefully before using the Platform.
  2. Where you purchase a Membership or use the Web App or App, you will input personal health data that may constitute special category personal data under UK GDPR. The processing of such data is governed by our Terms and Conditions of Sale and our Privacy Notice.
  3. All requests concerning data subject rights — including subject access requests, requests for erasure, and objections to processing — should be submitted to dataprotection@moihealth.com. General queries about data use that do not constitute a formal data subject rights request may be directed to support@moihealth.com.

14. Entire Agreement

These Terms, together with our Privacy Notice, and Terms and Conditions of Sale, constitute the entire agreement between you and OtoImmune in relation to your use of the Platform. In the event of any conflict between these Terms and our Terms and Conditions of Sale, the Terms and Conditions of Sale shall prevail to the extent of that conflict, save in respect of data protection matters where the Privacy Notice shall prevail.

15. 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.