(1) European Lung Foundation (ELF) and
(2) User
PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY
This is a legally binding agreement (‘Agreement’) between you (‘User’ or ‘you’) and European Lung Foundation (ELF), a company limited by guarantee registered in England and Wales with company number 05718525 whose registered address is 442 Glossop Road, Sheffield, S10 2PX (‘ELF’, ‘us’ or ‘we’).
Under this Agreement, we are providing you with access to ELF Connect (the ‘Platform’), a digital health platform designed to connect patients and healthcare professionals to improve care and outcomes for patients with lung conditions. The Platform includes: (a) access to evidence-based resources around specific lung conditions; (b) a search function; (c) an ‘ask a question’ feature, which enables you to submit a question to a panel of experts; (d) a community feature, which enables healthcare professionals and ELF to create posts, add polls, upload images and text, reply to content and react to content, and enables patients to comment on and react to content posted by others (the ‘Community Feature’); and (e) related tools and services. Your use of the Community Feature is also subject to the Community Guidelines, available at https://elfconnect.eu/community-guidelines/ (the ‘Community Guidelines’), which form part of this Agreement. The Platform, together with all content, material, or services accessible within it, as well as any updates and upgrades (unless we ask for a separate agreement to be entered into for such updates and upgrades), is referred to in this Agreement as the ‘Software’, and all associated documentation and support resources are referred to as the‘Documentation’.
This Agreement grants you a licence which allows you to access and use the Platform and Documentation on the terms and conditions set out below. We remain the sole and beneficial owners of the Platform and the Documentation at all times.
TO ACCESS THIS SOFTWARE REQUIRES THE FOLLOWING TECHNICAL SPECIFICATIONS:
Browsercompatibility
ELF Connect is designed to work on current versions of major modern browsers, including Chrome, Safari, Edge and Firefox.
Internet connection
Users require a stable internet connection to access and use ELF Connect.
Other
Users will need a device capable of accessing a modern web browser.
Some functionality may require cookies, JavaScript and pop-ups to be enabled. Certain features may also require access to email for account registration, verification, notifications and password reset.
(the Technical Specifications)
You must be at least 18 years old and resident in the United Kingdom or the European Union to use the Software.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. IF YOU CLICK ON THE ‘ACCEPT’ BUTTON ONCE YOU HAVE COMPLETED READING THESE TERMS YOU ARE AGREEING TO AND ACCEPTING THE TERMS OF THIS AGREEMENT, THIS MEANS THAT THE TERMS AND CONDITIONS PROVIDED IN THIS AGREEMENT WILL BE LEGALLY BINDING ON YOU.
IF YOU DO NOT AGREE TO AND ACCEPT THE TERMS OF THIS AGREEMENT, YOU ARE NOT ALLOWED TO USE THE SOFTWARE.
PLEASE PRINT OUT OR SAVE A COPY OF THE TERMS OF THIS AGREEMENT AND ANY EMAILS FROM US FOR YOUR RECORDS, AS WE WILL NOT SAVE OR FILE A COPY FOR YOU. THESE TERMS ARE ONLY AVAILABLE IN ENGLISH..
1 The Licence
1.1 We license you to access and use the Software provided you follow all of the rules described in this Agreement. The licence:
1.1.1 is for your personal use, or if you are a healthcare professional, for your professional use in connection with sharing information to improve lung health, but in either case not for commercial exploitation;
1.1.2 only allows use from one browser session at any given time;
1.1.3 is granted to you for an unlimited period of time until this Agreement comes to an end in accordance with its terms, or your account on the Platform is suspended, closed or removed; and
1.1.4 starts from the moment you indicate your agreement to be bound by this Agreement by clicking ‘Accept’.
1.2 All the Software and Documentation and all the intellectual property rights in or to the Software and Documentation, wherever arising, are owned by us. The Software is provided free of charge, but you do not own the Software and Documentation. Your right to use the Software and Documentation is limited to the licence granted under this Agreement.
1.3 You are not permitted to make any copies of either the Software or the Documentation.
1.4 You may only use the Documentation to the extent necessary to enable use of the Software in accordance with the terms of this Agreement.
1.5 You are not allowed to:
1.5.1 modify the Software’s code in any way, including inserting new code, either directly or through the use of another piece of software;
1.5.2 deliberately attempt to avoid, manipulate or interfere with any security features or technological protection measures included in the Software, except where permitted by law; or
1.5.3 pretend that the Software is your own or make it available for others to use in whatever form (including by way of copying the code of the Softwareand creating an independent version).
1.6 If the Software contains any third-party software components (Third Party Software), those components shall be deemed to be incorporated within the Software for the purposes of this Agreement (except where expressly stated otherwise). Use of the Third Party Software will also be subject to the additional licence terms specified by the relevant third-party owner (the Third Party Additional Terms). We will either include those Third Party Additional Termswith the Agreement or provide you with a link where they can be found. By using the Software, you agree to comply with any applicable Third Party Additional Terms.
2 Support and contact
2.1 If you need to get in touch with us, you can use any of the following methods:
Email
info@europeanlung.org
Other
European Lung Foundation
442 Glossop Road
Sheffield
S10 2PX
United Kingdom
2.2 If you need to give us notice in accordance with any of the terms of this Agreement, you can only do this by email or by pre-paid post addressed to European Lung Foundation (ELF) at the addresses set out in clause 2.1.You cannot give us notice under this Agreement by any other method.
2.3 If you need to get in touch with us about anything else, please feel free to contact us in the way that works best for you. However, please make sure that you provide us with your contact details otherwise we may not be able to respond to your query.
2.4 If we need to get in touch with you, we will usually do so by the email you have provided to us or by providing you with a notification in the Software.
3 Privacy and your personal information
Protecting your personal information is important to us. Our latest Privacy Notice (which may be updated from time to time, available at: [INSERT LINK]) explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint. Note that some personal information is collected automatically by the Software, whereas other personal information is collected by us at the request of you or us. Please read the information set out in our Privacy Policy carefully as it is important.
If you choose to use the Community Feature, you acknowledge that any content you post, share or make available (including posts, replies, comments, reactions, poll responses and survey responses) may be visible to other users of the Platform. Profile information you provide, including your nickname or display name, may also be visible to other users. You should not share any personal information (whether about yourself or others) that you do not wish to be publicly accessible. We process personal information collected through the Community Feature in accordance with our Privacy Notice. If private or direct messaging functionality is enabled within the Community Feature, such messages will be processed in accordance with our Privacy Notice.
4 Collection of technical information
We may collect and use technical data that might include, for example, your browser type and version, and other technical information about how you access the Software in order to help us provide updates, product support, and other services related to the Software. We may also use this information to improve our products or services.
We will only use any such data that is personal information in accordance with our latest Privacy Notice from time to time (see clause 3).
5 Acceptable Use
5.1 You must not use the Software to do any of the following things:
5.1.1 break the law or encourage any unlawful activity;
5.1.2 send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
5.1.3 infringe our or anyone else’s intellectual property rights;
5.1.4 transmit any harmful software code such as viruses;
5.1.5 try to gain unauthorised access to computers, data, systems, accounts or networks; or
5.1.6 deliberately disrupt the operation of anyone’s website, app, software, server or business.
5.2 When using the search function supported by the AI instance, you must also not:
5.2.1 attempt to manipulate, reverse-engineer, decompile or otherwise extract or derive the underlying AI model, its parameters or its training data;
5.2.2 input or submit any query that is designed or intended to generate harmful, misleading or offensive outputs;
5.2.3 engage in prompt injection or otherwise seek to manipulate or circumvent the intended functionality of the AI instance;
5.2.4 carry out any systematic or automated querying, scraping or extraction of the search function or its outputs;
5.2.5 use any AI-generated outputs for any commercial purpose; or
5.2.6 use any AI-generated outputs in any way that could endanger health or safety.
5.3 Search results generated by the AI instance are provided for general informational purposes only. They are not, and must not be treated as, medical advice, diagnosis or treatment, and are not a substitute for advice from a qualified healthcare professional.
5.4 We do not guarantee the accuracy, completeness, reliability or timeliness of any AI-generated search results, and your use of and reliance on those results is at your own risk.
5.5 The search queries you submit through the search function are not used to train the AI instance.
5.6 When registering for or using the Community Feature, you may be required to provide profile information, including a nickname or display name. Your nickname or display name must not be offensive, misleading, or impersonate another person or organisation. We reserve the right to require you to change your nickname or display name if we consider it inappropriate. Your profile information and activity within the Community Feature (including posts, replies, comments, reactions, group memberships, and poll or survey responses) may be visible to other users.
5.7 You may join groups within the Community Feature subject to any membership criteria that apply to such groups. Group content and membership may be visible to other group members or, where applicable, to wider Community Feature users.
5.8 If private or direct messaging functionality is enabled within the CommunityFeature, you must not use such functionality to send unsolicited messages, harass other users, or share prohibited content. We may monitor private messages where we have reasonable grounds to believe they contain unlawful content or content that breaches this Agreement or the Community Guidelines.
5.9 When using the Community Feature, you must not:
5.9.1 post, share, upload or otherwise distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
5.9.2 post, share or distribute any content that constitutes medical misinformation, including false or misleading claims about medical conditions, treatments, medications or health interventions;
5.9.3 provide medical advice, diagnosis or treatment recommendations to other users, or purport to do so (this prohibition applies regardless of whether you are a healthcare professional);
5.9.4 use the Community Feature in any emergency or time-critical health situation (the Community Feature is not designed for and must not be used as a substitute for emergency medical services);
5.9.5 post, share or upload any content that contains personal health information or medical data about another person without their explicit consent;
5.9.6 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5.9.7 post, share or upload any content that infringes the intellectual property rights or other proprietary rights of any third party;
5.9.8 post, share or upload any unsolicited or unauthorised advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation; or
5.9.9 use or attempt to use any AI or automated tools to generate or post content in the Community Feature.
5.10 If you become aware of any content or conduct within the Community Feature that you believe breaches this Agreement, the Community Guidelines or applicable law, or that raises safeguarding concerns, you should report it to us by contacting us using the details set out in clause 2. We will review all reports in accordance with our internal procedures.
5.11 We reserve the right to monitor, review, edit or remove any content posted in the Community Feature, without prior notice, where we reasonably consider such action necessary to comply with applicable law, to protect the rights, property or safety of us or others, to address safeguarding concerns, or to maintain the integrity of the Community Feature. We may also take such action in response to reports from other users or where we otherwise become aware of potentially problematic content.
5.12 If you breach this Agreement, the Community Guidelines, or if we reasonably believe your conduct poses a risk to the safety or wellbeing of other users or the integrity of the Community Feature, we may suspend or permanently remove your access to the Community Feature and/or your account. Where practicable, we will notify you of the reasons for such action.
5.13 By posting or sharing content in the Community Feature (including posts, replies, comments, images, poll responses and reactions), you grant us a non-exclusive, royalty-free, worldwide licence to use, copy, modify, display and distribute such content for the purpose of operating and improving the Platform. You retain ownership of any content you create, but you are responsible for ensuring you have all necessary rights to post such content.
5.14 Content shared by other users in the Community Feature represents their personal views and experiences only. Such content does not represent our views, and we do not endorse, verify or guarantee the accuracy, completeness or reliability of any user-generated content. Your use of and reliance on any such content is at your own risk.
5.15 If any AI tools are used to assist with content moderation or other functions within the Community Feature, we will inform you of such use. Any such AI tools are used to support human decision-making and do not make final decisions about the removal of content or suspension of your access without human oversight.
6 Changes to this Agreement
6.1 We may need to revise this Agreement from time to time to reflect changes in the Software’s functionality, to deal with a security threat or if there is a change in the law or guidance.
6.2 You will be asked to agree to any material changes in advance, usually when you next access the Software. If you do not accept the changes, you will not be able to use the Software.
7 External services
7.1 The Software may enable you to access services and websites that we do not own or operate (referred to below as External Services).
7.2 We are not responsible for examining or evaluating the content or accuracy of these External Services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
7.3 You must not use External Services in any way that:
7.3.1 is inconsistent with these terms or with the terms of the External Service; or
7.3.2 infringes our intellectual property rights, or the intellectual property rights of any third party.
7.4 From time to time, we may change or remove the External Services that are made available through the Software.
8 Our responsibility to you
8.1 If we breach this Agreement or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time you clicked to accept this Agreement, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
8.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage, for example, loss of business opportunity, business interruption, or loss of profits.
8.3 This Software is provided in substantially the same form to all our Users. It is your responsibility to make sure you have read the conditions for its permitted uses and technical specifications as these may not match the specifications of your device(s) or your intended uses.
8.4 If accessing the Software causes any damage to your device or any software on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including screenshots) about what has happened so that we can understand the nature of the problem.
8.5 AI-generated search results provided through the search function are not a substitute for professional medical advice, diagnosis or treatment, and you should always seek the advice of a qualified healthcare professional. We do not warrant the accuracy of any AI-generated search results and, to the fullest extent permitted by law, our liability for any loss or damage arising from your reliance on AI-generated search results is excluded.
8.6 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our, or any of our employees’, agents’ or subcontractors’, negligence, liability for fraud or fraudulent misrepresentation, compensation you are entitled to under applicable binding laws relating to the protection of your personal information or any other liability that the law does not allow us to exclude or limit.
9 Failures of networks or hardware
The Software relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection and your device, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the Software due to a poor internet connection, faulty components in your device or anything else that it would not be reasonable to expect us to control.
10 Ending this agreement
10.1 Remediable breach. If you breach this Agreement in a serious way, or persistently breach this Agreement, and such breach is able to be remedied, we will provide you with written notice of your breach and require you to remedy it within 14 days. If you do not remedy the breach within the 14 days notified to you, then we can immediately end this Agreement by giving you notice in writing. ‘Serious’ in this clause 10 means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the Software or doing anything else that we think presents a big enough risk to justify us ending the Agreement quickly.
10.2 Non-remediable breach. If you breach this Agreement in a serious way, or persistently breach this Agreement, and such breach is not able to be remedied, we can immediately end this Agreement either without advance notice to you or by giving you notice in writing.
10.3 If you breach this Agreement in any other way than as set out in clauses 10.1 and 10.2 above, we have a right to end this Agreement and will give you a reasonable amount of notice before the Agreement ends.
10.4 The consequences of the Agreement ending are as follows:
10.4.1 you will no longer be allowed to access or use the Software, and we may remotely limit your access to it; and
10.4.2 we may delete or suspend access to any accounts that you hold with us.
11 Third parties
No one other than us or you (or if applicable, people who have been validly assigned the rights under this Agreement) has any right to enforce any term of this Agreement.
12 Severance
12.1 If any of the clauses in this Agreement are found to be unlawful, this will not affect the validity and effectiveness of the remaining terms and conditions of this Agreement. This means that if one clause or sub-clause is found to be unlawful, it will not apply, but the rest of the Agreement will continue to be in full force and effect.
13 Events beyond our control
We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
14 Transferring this Agreement
14.1 We may transfer, assign or sub-license our rights under this Agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
14.2 You are not allowed to transfer, assign or sub-license your rights under this Agreement to anyone without our prior written consent.
15 Governing law and jurisdiction
16 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales (as it applies in England).
16.1 If you are a consumer resident in the European Union, this choice of governing law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of your country of residence, and you retain the benefit of any such mandatory consumer protections.
17 Each Party irrevocably agrees that the courts with exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be the law of England and Wales.
17.1 Nothing in this clause affects any non-waivable right you may have, as a consumer resident in the European Union, to bring proceedings in the courts of the Member State in which you are resident under applicable mandatory law.
