Please read these Terms of Use ("Terms") carefully as they govern your use of our Myley services for accessing care content, including all of our websites and software applications that incorporate or link to these Terms ("products") and any material or information that is made available through the Boost service ("Content"). Use of the Myley services may be subject to additional terms and conditions shared by Myley, which are incorporated by this reference into these Terms.
By using our services, you confirm that you agree to these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our services or products.
These Terms are between you and Myley Education Ltd trading as Boost ("Myley", "Boost", "we" or "us"), 85 Great Portland Street, First Floor, London, W1W 7LT (Company number 15348274).
We may update these Terms from time to time. This version was last updated on 17 September 2024.
These Terms refer to the following additional terms, which also apply to your use of our products and/ or services:
Terms and Conditions, which is available from us when you make or your organisation makes an application to use our services.
Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us; and
Cookies Policy, which is set out as part of our Privacy Policy, and you consent to our use of cookies in accordance with the terms of our Privacy Policy
We may revise these Terms at any time by amending this document. Please check this document from time to time to take notice of any changes we make, as they are binding on you. We may update our site from time to time and may change the content at any time.
However, please note that any of the content on our site or software applications may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site/applications, or any content on it or them, will be free from errors or omissions.
We provide numerous Boost service options, which are paid services to access our Boost application and our Boost management dashboard. These services are only available to care homes which have signed up for our services. We do not guarantee that our products which support use of these services, or any content on them, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site or application without notice. We will not be liable to you if for any reason our products are unavailable at any time or for any period.
You are responsible for making arrangements necessary to ensure access to our products and Services. You are also responsible for ensuring that all persons who access our products through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. Our products are aimed at users within the United Kingdom and therefore may not be appropriate or available in other locations.
You are responsible for making all arrangements necessary for your IT systems and architecture to meet or exceed our minimum requirements as listed below for our products to work as designed, understanding that if IT systems and architecture fail to meet or exceed these then we will not be liable for any failure in performance, or general/content usage.
To access the Boost mobile app the following minimum requirements must be met:
| Area | Minimum Requirements |
|---|---|
| Tablet / Mobile | Android devices supported |
| Network and Internet Connection | WiFi is required for all devices 5Mbps minimum |
| Operating System | Android 6 and above |
| Permissions | Speaker and Microphone |
To access the Boost Management dashboard the following minimum requirements must be met:
| Area | Minimum Requirements |
|---|---|
| Processor: | 2x2 Ghz or faster |
| Ram | 4 GB or more |
| Tablet / Mobile | Tablets supported, Mobile not supported |
| Network and Internet Connection | 5Mbps connection minimum |
| Operating System | All Operating Systems with access to a suitable browser as outlined below |
| Browser | Chrome 64+, Edge 79+, Firefox 67+, Opera 51+, Safari 12+ |
If you are provided with a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to anyone else. We have the right to disable any user account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly change your password and notify us.
User Content generally
Boost users may upload content such as internal company policies onto the Boost site and applications (\"User Content\"). For the avoidance of doubt, \"User Content\" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted ("uploaded") to the Boost site or applications by a user of our products.
You agree that, with respect to any User Content you upload to the Boost site or applications, (1) you own or have the right to upload such User Content; (2) such User Content is accurate (where it states facts) and only contains opinions that are genuinely held by you; and (3) such User Content, or its use by Boost pursuant to the license granted below, does not violate these Terms, in particular our Acceptable Use Policy below, applicable law, or the intellectual property or other rights of any third party.
In uploading User Content or other information on the Boost site or applications, please keep in mind that content will be accessible to all users within your care home. Myley Education has not verified or approved any User Content and accordingly is not responsible for what you or others upload on the Boost platform.
User Content and License you grant to us
You retain ownership of your User Content when you upload it to Boost. However, in order for us to make your User Content available on the Boost platform, we need a limited license from you in relation to that User Content. Accordingly, you hereby grant to Boost a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to use, reproduce, distribute, display and perform such User Content in connection with the service and products provided by us, including its use in, and processing by, our AI Large language model to provide AI assistant responses.
Feedback
If you provide ideas, suggestions, or other feedback in connection with your use of the Boost platform or any Content, such Feedback is not confidential and may be used by Myley without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
Your Device
You also grant to us the right to allow the Boost platform to use the processor, bandwidth, and storage hardware on your Device in order to provide our products and services, as permitted in accordance with the Privacy Policy.
Content experience
In any part of the Boost platform, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including Myley's agreements with third parties.
Our intellectual property rights
We are the owner or the licensee of all intellectual property rights relating to our products, and the content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may view our Boost content in our Boost app on a handheld device and our Boost dashboard within a web browser. The content within our Boost app and platform is owned by us except for any User Content, and therefore our content should not be downloaded or recreated. However, you may draw the attention of others within your organisation to content posted on our app if a licence is provided to them for use. You may download pages from our management dashboard or Boost website for your personal use within your organisation; however, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our app and platform must always be acknowledged. You must not use any part of the content from our products for commercial purposes without obtaining a licence to do so from us or our licensors.
The content on the Boost platform is intended to serve as a refresher of the information and skills all carers should possess and receive as part of their mandatory training, induction and onboarding before using the Boost platform and is in no way intended to replace or avoid the need for such training or other expertise and skills. In using the platform, users must always take account of their organisation's policies and processes, the user's own training and his or her care skills and experience or other relevant knowledge. All information on the Boost platform must be understood and applied in the context of, and tailored to, the individual and circumstances in front of them at the time. When in doubt, consult with the appropriate person or specialist in your organisation. Although we make reasonable efforts to update the information in our products, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or up-to-date, or that our products will remain available. In particular, you should ensure you are fully trained and qualified for the role or tasks and have been signed off as a competent individual by your training provider before attempting to use any training content.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our products or any content on them, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our products; or
use of or reliance on any content displayed on our products.
If you are a business user, please note that, we will not be liable for:
loss of profits, sales, business, or revenue,
business interruption,
loss of anticipated savings,
loss of business opportunity, goodwill, or reputation; or
any indirect or consequential loss or damage.
and we exclude all implied conditions, warranties, representations or other terms that may apply to our products or any content on our platform.
We will not be liable to you in respect of any loss or corruption of any data, database or software. 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 our products or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of any third party websites linked on our products. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods or services to you, which will be set out in our separate Terms and Conditions which are made available when you or your organisation apply to us to receive our goods or services.
You must not:
use our products in any way or take any action that causes, or may cause, damage to the content or products or impair their availability or performance.
use our products in any way which is unlawful, fraudulent or harmful or has any unlawful, fraudulent or harmful purpose or effect.
use data collected from our products for any direct marketing activity.
share your log in details with any other person inside or outside of your organisation. For the avoidance of doubt, sharing log in details will result in the account to be suspended with the risk of the organisational account being terminated.
share any of the licenced content available with any person outside of your organisation in any way. For the avoidance of doubt, sharing licenced content outside of your organisation will result in the account being suspended with the risk of the organisational account being terminated.
You must not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site for any purpose. This includes using (or permitting, authorising or attempting the use of):
any \"robot\", \"bot\", \"spider\", \"scraper\" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same.
any automated analytical technique aimed at analysing text and data in digital form to generate information [or develop, train, fine-tune or validate AI systems or models] which includes but is not limited to patterns, trends and correlations.
The provisions above should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or we reasonably suspect that you have breached these Terms, we may temporarily or permanently prohibit you from accessing and using our products, including by blocking computers using your IP address.
Whilst we do take steps to regularly test our products and minimise exposure to viruses, we do not guarantee that our products will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our products. You should use your own virus protection software.
You must not misuse our products by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our products, the server on which our products are stored, or any server, computer or database connected to our products. You must not attack our products via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our products will cease immediately.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact us. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
If any provision of these Terms of Use is deemed by any court or competent authority to be unlawful or unenforceable, the other provisions will continue in effect and the unlawful part will be deemed to be deleted.
These Terms are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.