These terms and conditions (Terms) govern your access to and use of the Tendn application and related services (App) and our website https://tendn.app (Website). Our App and Website are provided by Tendn Ltd (company number 17154922), a company registered in England and Wales (Tendn, we, us or our).
Please read these Terms carefully before downloading the App, creating an account or using the App. By creating an account, ticking the box to accept these Terms, or otherwise accessing or using the App, you confirm that you accept these Terms and agree to comply with them. If you do not agree, you must not access or use the App.
In these Terms:
• references to the ‘App Store’ means Apple’s App Store and we refer to their rules and policies contained in the Apple Media Services Terms and Conditions as the ‘App Store Rules’.
• references to ‘Google Play’ means the app distribution platform operated by Google and known as Google Play, and we refer to Google’s terms of service (and other applicable terms) collectively as ‘Google’s Rules’.
• in clauses where we use the phrase “App Store Rules or Google’s Rules (as applicable)”, we intend for the App Store Rules to apply to users who have obtained the App via the Apple App Store, and for Google’s Rules to apply to users who have obtained the App via the Google Play distribution platform.
(a) These Terms are an agreement made between you and us and:
(i) Apple is not a party to this agreement and has no responsibility for the app or its content; and
(ii) Google is not a party to this agreement and has no liability under it.
(b) We license you to download and use the App:
(i) For iOS users, onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Store Rules
(ii) For Google Play Store users, to use the App provided you follow all of the rules described in this agreement and also Google’s rules.
(c) The licence:
(i) is only for you personally;
(ii) starts when you download the App; and
(iii) covers content, materials, or services accessible from, or bought in, the App including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept
(d) The App can be accessed, used and downloaded by other accounts that are associated with you through family sharing or volume purchasing in accordance with the App Store or Google’s Rules (as applicable).
(e) You must comply with the App Store Rules and Google’s Rules (as applicable) as well as these terms but, if there is any conflict between them, you should follow the App Store Rules or Google’s Rules rather than the equivalent rule here.
(f) You do not own the App or any of its contents but you may use it on devices that you own or control, as permitted by these terms and by the App Store Rules or Google’s Rules (as applicable).
(g) If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device.
(h) You are not allowed to:
(i) modify the App’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
(ii) deliberately attempt to avoid or manipulate any security features included in the App; or
(iii) pretend that the App is your own or make it available for others to download or use (including by way of copying the code of the App and creating an independent version).
2.1 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws.
2.2 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
(b) use the Website for any purpose other than the purposes of browsing, creating an account or purchasing subscriptions to use our services;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact our reputation; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
2.3 INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
2.4 INTELLECTUAL PROPERTY
(a) We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.
2.5 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
2.6 SECURITY
(a) We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
2.7 REPORTING MISUSE
(a) If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
(a) We are responsible for customer service in relation to the App and Website, and can help you if you are having any issues.
(b) For iOS users, you acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the App or our Website, although if the App is faulty, you may be able to claim a refund for paid content or services.
(c) For Google users, you acknowledge that Google has no obligation to provide any support or maintenance services in relation to the App or our Website. Refunds may available to you in a range of circumstances, either from Google or from us. See Google’s refund policies for more information.
(d) If you need to get in touch with us, you can use the ‘contact us’ functionality provided in the App or at https://tendn.app/contact-us.
(e) If we need to get in touch with you, we will do so by email or an in-App notification
4.1 What the App is
The App is an educational and training platform designed to help medical professionals develop and refine their ultrasound scanning skills. The App connects with compatible handheld ultrasound probes and third party applications and provides feedback and analytics based on your scanning practice.
4.2 Who may use the App
The App is intended for use by medical professionals in their individual capacity for their own training and professional development. To create an account and use the App, you confirm that:
(a) you are at least 18 years old;
(b) you are a medical professional or a trainee undertaking supervised clinical training;
(c) you have the authority and any qualifications, registrations or permissions required to perform or practise ultrasound scanning; and
(d) you are using the App for your own lawful educational and training purposes.
4.3 Consumer rights
If you are a consumer (that is, an individual using the App for purposes wholly or mainly outside your trade, business, craft or profession), you have certain legal rights under the Consumer Rights Act 2015 and other consumer protection laws. Nothing in these Terms affects those statutory rights, and where any provision of these Terms conflicts with your non-excludable statutory rights, those statutory rights prevail.
4.4 Changes to these Terms
We may update these Terms from time to time to reflect changes in the App, our business, or legal or regulatory requirements. We will give you reasonable notice of any material change by email or in-App notification. If you continue to use the App after the change takes effect, you will be taken to have accepted the updated Terms. If you do not accept a material change, you may cancel your subscription and stop using the App.
5.1 Educational purpose
The App is provided solely as an educational, training and skills development tool to help clinicians develop and practise musculoskeletal ultrasound scanning technique. It is not a medical device and is not intended for, and must not be used for, diagnosis, treatment, monitoring, curing or preventing any disease, injury or medical condition, clinical decision-making, or to guide, support or inform the care, diagnosis or treatment of any patient. Any output the App produces, including any score, feedback, guidance or identification of anatomical structures, is provided solely as educational feedback on scanning technique and may be incomplete, inaccurate or wrong. You must not rely on it for any clinical purpose
5.2 No reliance for patient care
You acknowledge and agree that:
(a) the App, its feedback, scores, analytics and outputs must not be used or relied on for clinical decision-making, diagnosis, or the care or treatment of any patient;
(b) you remain solely responsible for your own clinical judgement and for complying with all applicable professional, ethical and regulatory standards; and
(c) any scanning you perform using the App must be carried out lawfully and safely, and any use involving a real person must comply with all consent, safeguarding and data protection requirements.
5.3 Beta and developing features
You acknowledge that the App (or parts of it) may be provided on a beta or pre-release basis. Beta features are provided "as is", may contain errors or defects, and may be modified or withdrawn at any time. This does not affect your non-excludable consumer rights.
6.1 Creating an account
To use the App you must create an account and provide certain information, which may include your name, username, professional role, institution, experience level, training goals, ultrasound scanner details, email address and a password. You must provide accurate, current and complete information and keep it up to date.
6.2 Account security
You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You must notify us promptly if you become aware of any unauthorised access to or use of your account. We may suspend or disable your account if we reasonably believe your credentials have been compromised or these Terms have been breached.
6.3 One user, one account
Your account is personal to you and is for your individual use only. You must not share, transfer or licence your account to any other person.
6.4 ACCOUNT DELETION
You can delete your account via the App or our Website at any time. You Subscription will continue until the end of the Subscription Period (as set out in clause 6.1) subject to any right to cancel you may have as set out in clause 6.6.
7.1 Subscription plans
Access to certain features requires a paid subscription, except where a beta version or free trial is offered by us. The available plans, features and prices are set out on our website at the time you subscribe. You may choose a monthly or annual subscription (each a Subscription Period).
7.2 BETA VERSIONS AND Free trialS
(a) Your access to the beta version or free trial runs for the period stated at sign-up; and
(b) For free trials:
(i) you may be required to provide payment details to start the trial; and
(ii) unless you cancel before the trial ends, your subscription will start automatically and the applicable Fees will become payable.
8.1 Fees and payment
(a) You agree to pay the fees for your chosen subscription plan (Fees). Fees are payable in advance for each Subscription Period through our payment provider, Stripe. You authorise us and our payment provider to charge your nominated payment method for the Fees, including on each automatic renewal.
(b) Where you purchase a subscription through the Apple App Store, your subscription is billed by Apple and managed through your App Store account settings, and cancellation is subject to Apple's terms. Where you purchase directly from us, your subscription is billed through Stripe and managed through your account at https://tendn.app.
8.2 Automatic renewal
Your subscription will renew automatically at the end of each Subscription Period for a further period of the same length, at the then-current Fees, unless you cancel before the renewal date. We will remind you before an annual subscription renews where required by law.
8.3 Cancellation
You may cancel your subscription at any time through your account at https://tendn.app/. Cancellation takes effect at the end of your current Subscription Period, and you will retain access until then. Except as required by law or as expressly set out in these Terms, Fees already paid are non-refundable.
8.4 Consumer cancellation right
If you are a consumer, you may have a statutory right to cancel within 14 days of starting your subscription under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. By starting to use the App during this period, you may lose your right to cancel for services already supplied. Nothing in these Terms affects your statutory cancellation rights.
8.5 Changes to Fees
We may change our Fees from time to time. We will give you at least 30 days' notice of any Fee change before it takes effect. Fee changes will apply from your next renewal. If you do not accept the change, you may cancel before it takes effect.
9.1 Licence grant
Subject to your compliance with these Terms and payment of the applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the App on devices you own or control, for your own personal educational and training purposes, for the duration of your subscription.
9.2 Licence restrictions
Except to the extent permitted by law, you must not:
(a) copy, modify, adapt, translate or create derivative works of the App;
(b) reverse engineer, decompile or disassemble the App, or attempt to derive its source code;
(c) rent, lease, sell, sublicense, distribute or otherwise make the App available to any third party;
(d) remove, obscure or alter any proprietary notices; or
(e) use the App to build a competing product or service.
You agree not to use the App:
(a) in any way that breaches any applicable law or regulation, or any professional or ethical obligation applicable to you;
(b) to upload, store or transmit any material that is unlawful, infringing, harmful or that you do not have the right to share;
(c) to capture, record or process any patient or third party personal data without a lawful basis and all necessary consents;
(d) to introduce any virus, malware or other harmful code, or to gain unauthorised access to the App or our systems; or
(e) in any way that could damage, disable, overburden or impair the App or interfere with any other user's use of it.
We may investigate, suspend or terminate your access if we reasonably believe you have breached this clause.
11.1 You must obtain third party services
The App requires the use of third party applications, software, hardware and handheld ultrasound probes to capture ultrasound scans (Third Party Services). You are responsible for obtaining, licensing, paying for, configuring and maintaining all Third Party Services at your own cost.
11.2 Third party terms
Your use of any Third Party Services is subject to the relevant third party's own terms and privacy policies. You are responsible for reviewing and complying with those terms. We are not a party to your arrangements with any third party provider.
11.3 No responsibility for Third Party Services
We do not control, endorse or accept responsibility for any Third Party Services, and:
(a) we make no representation or warranty about their availability, accuracy, safety, performance or compatibility with the App;
(b) we are not responsible for any act, omission, fault or failure of a third party provider; and
(c) if a Third Party Service changes, becomes unavailable or ceases to be compatible with the App, some or all App features may not function, and this is outside our control.
12.1 Your Content
You retain all rights in the ultrasound scans, images, recordings, and other material you create or upload using the App (Your Content). You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process and transmit Your Content solely to provide the App to you and as set out in these Terms and the Privacy Policy.
12.2 Our role in relation to scans
In relation to ultrasound scans and any personal data they contain, we act as your data processor and process that data only on your documented instructions and in order to provide the App to you. You are the data controller for that content and are responsible for having a lawful basis, and all necessary consents, for capturing and processing it. Our processing is governed by our Data Processing Agreement available here https://tendn.app/dpa.
12.3 Storage of scans
You acknowledge that scans and related images are stored by us (and by our hosting providers) in order to provide the App. You are responsible for ensuring that any patient or third party whose personal data may be captured (including anything visible on a screen recording) has been informed and, where required, has consented.
12.4 Screen recording
Where the App captures a screen or echo image, that recording may inadvertently include patient identifiers or other personal data. You must take reasonable steps to avoid capturing personal data you are not authorised to process, and to use our privacy consent guidance available on the App where a real person is being scanned.
12.5 Responsibility for Your Content
By making any personal data (including scans where they can identify an individual, or personal data captured during the screen recording) available to use through your use of the App you warrant you have obtained the required consents to share this information with us and for us to process it in accordance with our DPA.
You are solely responsible for Your Content and for ensuring you have all rights and consents needed to create, store and process it through the App. We may remove or disable access to any content that we reasonably believe breaches these Terms or any law.
12.6 INDEMNITY
You agree to indemnify us and our directors, employees and agents for any and all liability, cost, damage, expense or claim that arises out of, or we incur as a result of, your breach of this clause 10 or your obligations set out in the DPA. You acknowledge and agree that this indemnity is reasonable having regard to your obligations to comply with the applicable data processing and privacy laws to ensure that any processing we undertake of third party personal data (including but not limited to special category data) is compliant and that we rely on your warranty as set out in this clause 10.
When you use the App, we generate quantitative metrics about your scanning practice, such as scan duration, quality scores and percentages, progress against the curriculum, and feature-usage data (Performance Data). Performance Data is generated in connection with your account and used to provide the App to you. We may aggregate and anonymise Performance Data so that it no longer identifies you or any individual, and may use, analyse and retain that anonymised and aggregated data to operate, improve, develop, test and train the models and features of the App and our related products. For the avoidance of doubt, we do not use ultrasound footage, screen recordings, or any data derived from them, to train our models. Anonymised and aggregated data does not identify you or any individual and belongs to us.
14.1 Our intellectual property
We (and our licensors) own all intellectual property rights in and to the App, including its software, models, algorithms, content, design, trade marks and documentation. Except for the licence expressly granted in these Terms, nothing gives you any right, title or interest in the App or our intellectual property.
14.2 Feedback
If you give us feedback, ideas or suggestions about the App (including as a beta tester), you assign to us all intellectual property rights in that feedback, and we may use it for any purpose without restriction or payment to you.
15.1 Availability
We will use reasonable efforts to make the App available, but we do not guarantee that it will be available at all times or free from interruptions. Access may be affected by maintenance, updates, faults, or matters outside our reasonable control, including the availability of Third Party Services.
15.2 Support
We will provide reasonable support for the App by email at support@tendn.app during our normal business hours. We aim to respond to support requests within a reasonable time but do not guarantee any particular response or resolution time.
15.3 Updates and changes
We may release updates, patches and new versions of the App, and we may add, modify or remove features from time to time. We will use reasonable efforts to fix material bugs and defects. If we remove a material feature you have paid for, and this significantly reduces the value of your subscription, you may be entitled to a fair refund of the unused portion of your Fees.
(a) The App 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, your device and the App Store or Google Play (as applicable), 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 App due to a poor internet connection, faulty components in your device (such as a faulty GPS signal, failing in the API with any suppliers of our content or related features), App Store failure or failure of Google Play to function properly (as applicable) or anything else that it would not be reasonable to expect us to control.
17.1 Our commitment
We warrant that we will provide the App with reasonable care and skill. If you are a consumer, this is in addition to your statutory rights under the Consumer Rights Act 2015, which are not affected by these Terms.
17.2 Disclaimers
Except as expressly stated in these Terms and to the extent permitted by law, the App is provided "as is" and "as available", and we exclude all implied warranties, conditions and terms. In particular, we do not warrant that:
(a) the App, its feedback or outputs are accurate, complete or fit for any clinical or diagnostic purpose;
(b) the App will be uninterrupted, error-free or secure; or
(c) the App is compatible with any particular device or Third Party Service.
18.1 Liability we do not exclude
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded, including your non-excludable rights as a consumer.
18.2 Losses we exclude
Subject to the clause above, we are not liable for:
(a) any loss or damage arising from your clinical use of, or reliance on, the App, its feedback or outputs for any diagnostic or patient care purpose;
(b) any loss arising from Third Party Services or from your breach of these Terms or applicable law;
(c) loss of profit, revenue, goodwill, or anticipated savings; or
(d) any indirect or consequential loss.
18.3 Cap on liability
Subject to the clause on liability we do not exclude, our total aggregate liability arising out of or in connection with these Terms and your use of the App or Website, whether in contract, tort (including negligence) or otherwise, is limited to the total Fees paid by you in the 12 months before the event giving rise to the liability.
We handle personal data in accordance with the UK GDPR and the Data Protection Act 2018. How we handle account and other personal data as a controller is described in our Privacy Policy. Where we process ultrasound scans and their contents on your behalf, we do so as your processor under the Data Processing Agreement, which forms part of these Terms and sets out the subject matter, duration, nature and purpose of processing, the types of personal data, and our respective obligations.
20.1 Termination by you
You may stop using the App and cancel your subscription at any time in accordance with the Subscriptions clause.
20.2 Termination or suspension by us
We may suspend or terminate your access to the App, on notice where reasonably practicable, if:
(a) you materially breach these Terms and do not remedy the breach within 7 days of us asking you to (where the breach can be remedied);
(b) you fail to pay Fees when due;
(c) we reasonably believe your use poses a security, legal or safety risk; or
(d) we cease to provide the App generally.
20.3 Effect of termination
On termination, your licence to use the App ends and you must stop using it. We will handle Your Content and scan data in accordance with the Data Processing Agreement and our Privacy Policy, including returning or deleting it as required. Any clauses intended to survive termination (including those relating to intellectual property, liability, anonymised data and governing law) will continue to apply.
21.1 Entire agreement
These Terms, together with the Privacy Policy and the Data Processing Agreement, form the entire agreement between you and us in relation to the App and supersede any prior arrangements.
21.2 Assignment
You may not assign or transfer your rights under these Terms without our consent. We may assign or transfer our rights and obligations, provided this does not adversely affect your rights.
21.3 Severance
If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified or severed to the minimum extent necessary, and the remaining provisions will continue in full force.
21.4 No waiver
A failure or delay by us in exercising any right under these Terms does not waive that right.
21.5 Third party rights
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms, except for Apple and/or Google where applicable who may enforce these Terms.
21.6 Notices
We may give you notices by email or through the App. You may contact us at support@tendn.app.
21.7 Governing law and jurisdiction
These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any such dispute, although if you are a consumer you may also be able to bring proceedings in the courts of the part of the United Kingdom in which you live.
In these Terms, the following capitalised terms have the meanings set out below.
| Term | Meaning |
| App | the Tendn application and related services provided by us, including any software, updates, feedback tools and analytics. |
| Data Processing Agreement | the data processing agreement between you and us governing our processing of scan data as your processor, which forms part of these Terms. |
| Fees | the subscription fees payable for your chosen plan, as set out in the App or on our website. |
| Performance Data | quantitative metrics generated by the App about your scanning practice, such as scan duration, quality scores and percentages, progress against the curriculum, and feature-usage data. |
| Privacy Policy | our privacy and cookie policy applicable to the App, as updated from time to time. |
| Subscription Period | the monthly or annual period for which you subscribe, as selected by you at sign-up. |
| Terms | these terms and conditions, as updated from time to time, together with any documents they expressly incorporate. |
| Third Party Services | any third party applications, software, hardware and handheld ultrasound probes required to capture ultrasound scans and use the App. |
| Your Content | the ultrasound scans, images, recordings and other material you create or upload using the App. |
| Website | https://tendn.app |
| Website Content | the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) |
| we, us, our | Tendn Ltd (company number 17154922), a company registered in England and Wales. |
| you, your | the individual medical professional who creates an account and uses the App. |