Alevia and Connect Cloud Service Terms of Use
Last Updated: 3rd July 2026
1. Acceptance of Terms
- These Terms of Use (“Terms”) apply to your use of the Alevia (“App”) and Connect cloud services (“Cloud Services”). By accessing and using the App or Cloud Services, you agree to be bound by these Terms.
- If you do not agree to these Terms, you are not authorized to access or use the App or Cloud Services, and you must immediately stop doing so.
- Business User and Consumer User: These Terms apply to two categories of user:
- “Business User” means an organization, NHS trust, clinic, or other entity (and its personnel) accessing the App or Cloud Services under an agreement with that organization.
- “Consumer User” means an individual accessing the App or Cloud Services in a personal capacity, outside of any trade, business, craft, or profession.
Certain clauses in these Terms apply only to Consumer Users, as indicated, to reflect statutory protections under UK consumer law.
2. Changes
- We may change these Terms at any time by updating them on the App and Cloud Services. Notice may be provided by posting the updated Terms or by email. Unless stated otherwise, changes take effect immediately. Continued use constitutes acceptance.
- For Consumer Users, we will provide at least 30 days’ notice of any material change to these Terms before the change takes effect, by posting notice on the App/Cloud Services or by email.
- These Terms were last updated on 3rd of July, 2026.
3. Definitions
- Business User: (see Clause 1.3)
- Confidential Information: Non-public information obtained in connection with the App or Cloud Services.
- Consumer User: (see Clause 1.3)
- Data: All data, content, and information (including personal information) collected using Alevia.
- Force Majeure: Events beyond a party’s reasonable control (excluding avoidable events or lack of funds).
- Intellectual Property Rights: All worldwide rights in patents, copyrights, trademarks, trade secrets, know-how, and other IP.
- Loss: Loss of profits, savings, revenue, data, or other damages and costs, including legal fees.
- Objectionable: Defamatory, obscene, harassing, threatening, harmful, or unlawful.
- Personal Information: Information about an identifiable, living person.
- Personnel: Officers, employees, contractors, and agents (excluding us when referring to your personnel).
- Technology: Discoveries, inventions, works, software, data, trademarks, and related IP.
- Underlying System: Any network, system, software, data or material connected to the App or Cloud Services.
- We, us, or our: Vermillion Health Technologies (UK) Limited (Company number 16873746).
4. Provision of the App and Cloud Services
- We will provide the App and Cloud Services with reasonable care, skill, and in compliance with applicable law.
- Provision is non-exclusive; we may provide services to others.
- Services may be unavailable occasionally for maintenance or Force Majeure. We will use reasonable efforts to provide notice.
- Cloud Services may interoperate with third-party features. Availability is not guaranteed, and we may withdraw them without liability.
4A. Clinical Safety
- The App and Cloud Services are a neurofeedback support tool and are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions regarding a medical condition.
- If you are experiencing a medical emergency, do not rely on the App – contact your local emergency services immediately (e.g. call 999 in the UK).
- For non-emergency, urgent medical advice in the UK, please call NHS 111 or visit 111.nhs.uk.
5. Your Obligations
- You must keep your username and password secure and notify us immediately of unauthorized use at support@vermillionhealth.com.
- You must use the App and Cloud Services lawfully and not attempt to copy, reverse-engineer, resell, or misuse them.
- You must not introduce anything harmful (e.g., malware) that may compromise the App, Cloud Services, or Underlying System.
- When accessing the Cloud Services you must not impersonate others, access unauthorized data, or store or transmit Objectionable or unlawful content.
- You must only use the App and Cloud Services within the scope of regulatory approval and intended purpose.
6. Data
- We may need access to your Data to perform our obligations. Authorized personnel may access it for this purpose.
- We may generate anonymized, aggregated statistical data (“Analytical Data”) from your use of the Cloud Services. Analytical Data is our property and may be used for research, development, and analysis.
- Where Data includes personal information, you must obtain all necessary consents from individuals or their guardians to allow us to collect, use, and process it.
- Controller/Processor roles: For Consumer Users, Vermillion Health acts as the Data Controller of your personal data. For Business Users, Vermillion Health acts as the Data Processor on behalf of the Business User (who is the Data Controller), under any applicable data processing agreement between the parties.
- For details of how we collect, use, and protect personal data, and your data subject rights, see our Privacy Policy, which forms part of these Terms.
7. Fees
- You must pay Fees in accordance with Payment Terms.
- Fees exclude applicable taxes, which you must also pay.
- We may increase Fees with 30 days’ notice before a subscription period. You may terminate if you do not accept the increase.
- If you are a Consumer User, you may terminate your subscription without penalty if you do not accept a Fee increase, by giving notice before the increase takes effect; in that case, no further Fees will be charged from the effective date of the increase.
8. Intellectual Property
- We (and our licensors) own all Intellectual Property Rights in the App, Cloud Services, Technology, and Underlying Systems.
- You retain ownership of your Data but grant us a license to use it to perform our obligations.
- If you provide feedback, you assign all rights in that feedback to us, and we may use it freely.
9. iOS Apps
- These Terms are between you and us, not Apple Inc.
- Apple has no liability for the App or its content, and no responsibility for support or legal claims.
- You must comply with third-party agreements (e.g., wireless data agreements).
- You confirm you are not subject to U.S. Government restrictions.
- Apple and its subsidiaries are third-party beneficiaries of these Terms.
10. Disclaimers
The App and Cloud Services are provided “as is”, without warranties of any kind, to the fullest extent permitted by law. We do not guarantee they will be error-free, uninterrupted, or suitable for all jurisdictions. You access and use them at your own risk.
11. Confidentiality
- Each party must keep the other’s Confidential Information secure and not disclose it without consent.
- Exceptions include disclosures: (a) to perform obligations; (b) required by law; (c) of publicly available information; (d) received from a third party without restriction; or (e) in connection with corporate transactions.
12. Limitation of Liability
- We are not liable for any indirect, incidental, special, or consequential damages arising from your use of the App or Cloud Services.
- Statutory Rights: Nothing in these Terms excludes or limits any right you have as a Consumer User under the Consumer Rights Act 2015 or other applicable UK consumer protection legislation, and nothing in these Terms affects your statutory rights.
- Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, where you are a Consumer User (or otherwise where such exclusion is not permitted by law).
13. Term, Termination and Suspension
- Unless terminated earlier, these Terms start on the Start Date and continue for successive subscription periods unless either party gives at least 10 days’ notice before renewal.
- We may suspend or terminate your access immediately if you breach these Terms.
- On termination, you must cease all use of the App and Cloud Services.
- No refunds or compensation are provided upon termination, except that this clause does not affect any statutory right a Consumer User has to a refund, repair, or replacement under the Consumer Rights Act 2015 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- Cooling-off period (Consumer Users only): If you are a Consumer User in the UK, you have the right to cancel your subscription within 14 days of purchase without giving any reason (the “cooling-off period”), in accordance with the Consumer Contracts Regulations 2013. To cancel, contact us by submitting a clear, unambiguous cancellation request to support@vermillionhealth.com. If you request that services begin during the cooling-off period and later cancel, we may charge a proportionate amount for the service provided up to the point of cancellation.
14. Governing Law
- These Terms, and any dispute or claim arising out of or in connection with them, are governed by and construed in accordance with the laws of England and Wales.
- For Business Users: Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
- For Consumer Users: If you are a Consumer User habitually resident in Scotland or Northern Ireland, you may also bring proceedings in your local courts, and nothing in this clause affects any mandatory consumer protections available to you under the law of your country of residence.
15. General
We may contact you by email, Cloud Services, or in-App notifications. This satisfies written communication requirements.
16. Contact Us
For questions or complaints, contact: support@vermillionhealth.com