Membership Terms and Conditions
Newmode Health Limited (trading as “Arc”)
Version 1.0About these Terms and who we are
These membership terms and conditions (the “Terms”) govern your purchase and use of the Arc membership and the Arc app. They form a legally binding contract between you and us, so please read them carefully before you sign up. By purchasing a Membership you confirm that you accept these Terms.
In these Terms, “we”, “us”, “our” and “Arc” mean Newmode Health Limited, a company registered in England and Wales (company number 17050479) whose registered office is at 9th Floor, 107 Cheapside, London, EC2V 6DN. We trade under the name “Arc”.
We are registered with, and regulated by, the Care Quality Commission (CQC) as a provider of regulated activities in England (provider ID 1-27377037630). We are also registered with the Information Commissioner’s Office (ICO) as a data controller (registration ZC105671).
These Terms should be read together with our Privacy Notice, which explains how we collect, use, store and share personal data, including health information. The Privacy Notice does not form part of these Terms, but it contains important information about your rights and how we handle your data.
You can contact us at any time at hello@myarc.com. Our full contact and company details are in clause 26.
Definitions
In these Terms, the following words have the following meanings:
- App
- the Arc mobile and web application, including its dashboards, features, content and software.
- Blood Test
- the broad-panel preventative blood test included in your Membership, arranged through one or more UK-based laboratory partners. The Blood Test does not include repeat tests, follow-up tests, additional tests, medication, prescriptions, pharmacy charges or specialist referrals unless we expressly say so.
- Care Team
- (1) the medical doctor, (2) nutritionist or nutritional therapist and (3) personal trainer allocated or made available to support you through the App as part of your Membership. We may change the individuals in your Care Team from time to time.
- Cooling-off Period
- the 14-day period during which you may cancel under clause 11.
- Force Majeure Event
- an event outside our reasonable control, as described in clause 20.
- Member, you, your
- the individual who purchases and holds a Membership.
- Membership
- the annual Arc membership described in clause 8.
- Membership Fee
- the fee payable for the Membership, as set out in clause 10.
- Membership Year
- the 365-day period beginning on the Start Date, and each following 365-day period.
- Member Content
- the information, data and materials you upload to, or generate through, the App, as described in clause 17.4.
- Privacy Notice
- our privacy notice, available at myarc.com/privacy, as updated from time to time.
- Services
- the services we provide under your Membership, as described in clause 8, together with the App.
- Start Date
- the date your contract is formed under clause 7.2.
- Third-Party Service
- any third-party device, application, service, laboratory, pharmacy, clinician, provider or platform that is used in connection with the Services. This includes both optional third-party services that you choose to connect to the App, and third-party partners that we use or arrange as part of providing the Services.
- Wearable Data
- data from wearable devices or health apps that you connect to, or share with, the App.
Interpretation
Headings are for convenience only and do not affect the meaning of these Terms.
Words in the singular include the plural and vice versa.
“Including”, “for example” and similar words do not limit what comes before them.
A reference to a statute or regulation includes any change to it or re-enactment of it.
A reference to a clause is to a clause of these Terms.
About Arc and the nature of our service
Arc is a private, preventative-healthcare membership focused on longevity and lifestyle optimisation. It is designed to help you understand your health, track changes over time and make informed lifestyle choices, supported by your Care Team.
Where clinically appropriate, our doctors may provide medical advice, diagnosis, and (where indicated) private prescriptions or referrals. Any clinical decision is made by the relevant clinician using their professional judgement. Arc is not designed to manage serious, complex, unstable or emergency medical conditions, and it should not be used as a substitute for care from your NHS GP, specialist, emergency services or other treating clinicians.
Insights, scores, trends and other information generated by the App (for example biomarker dashboards or habit tracking) are provided for general information and education. They do not amount to a medical diagnosis or to personalised medical advice unless a member of your Care Team confirms this to you directly.
Arc is not an emergency service. The Care Team and in-app chat are not monitored around the clock and must not be used in an emergency. If you have symptoms that concern you, or you believe you may be experiencing a medical emergency, call 999 (or your local emergency number), or contact NHS 111, your GP, or your nearest urgent-care service.
Arc does not replace your relationship with your NHS GP or any specialist responsible for your care. You should keep your GP and any treating clinicians informed and continue to follow their advice.
Blood testing and preventative-health screening can provide useful information, but they cannot identify every health risk, condition, deficiency, disease or future health issue. Normal results do not guarantee that you are healthy, and abnormal results do not necessarily mean that you have a disease or condition. Results must be interpreted in context by an appropriate clinician.
You should seek urgent medical help from 999, 111, the NHS or other appropriate services if you experience new, severe, worsening or concerning symptoms. You should not wait for a response from Arc before seeking urgent or emergency care.
Who can become a Member
To purchase a Membership you must be at least 18 years old and resident in England. We currently offer Memberships only to residents of England because of the way our regulated services are provided. We may extend this in future.
Memberships are personal to you. You may not share, transfer or assign your Membership or account, and you must not allow anyone else to use it.
Arc is designed as a preventative and lifestyle-optimisation service. It is not designed to manage or treat serious, complex or unstable medical conditions, and it is not a substitute for antenatal, maternity or pregnancy care. If you are pregnant, or you are living with or being treated for a serious health condition, Arc may still be of value to you, but you should remain under the care of your NHS GP and any relevant specialist, and you should not rely on Arc in place of that care.
Our clinicians may, acting reasonably and in your interests, decline to provide, limit, pause or modify particular aspects of the Services, or recommend that you seek care elsewhere, where they consider this clinically appropriate or where a Service would not be safe or suitable for you. Where we are unable to provide a material part of the Services for these reasons and you have not yet received a material part of the Membership, we will offer an appropriate option, which may include a full or partial refund. This does not affect your statutory rights.
If you move outside England during your Membership Year, you must tell us. We may be unable to continue providing some or all clinical Services to you. If this materially affects your Membership, we will discuss reasonable options with you, which may include pausing, adapting or ending your Membership and, where appropriate, providing a proportionate refund.
Your account and identity verification
You will need to create an account to use the App and access the Services. You agree to provide accurate, current and complete information, and to keep it up to date.
Because we provide regulated healthcare services (and may arrange tests, prescriptions or referrals), we may need to verify your identity before providing certain Services or releasing certain results, reports, prescriptions or clinical advice. You agree to provide reasonable identification and information on request, and you acknowledge that we may be unable to provide some or all of the Services until verification is complete.
You are responsible for keeping your login details secure and for activity that takes place under your account. Please tell us promptly at hello@myarc.com if you think your account has been accessed without your permission.
Our laboratory partners, pharmacy partners or other providers may also require identification or other information from you. They may contact you directly where necessary, including in relation to appointments, sample collection, prescriptions, urgent results or critical results.
How the contract is formed
When you select a Membership, enter your payment details and complete checkout, you make an offer to purchase a Membership on these Terms. At that point you confirm that you are at least 18, resident in England, and that you have read and agree to these Terms.
We accept your offer when we confirm your Membership (for example, by email or in the App). At that point a contract comes into existence between us, and your Membership begins on the Start Date.
Asking us to begin during the cooling-off period. The Services usually begin with you booking your Blood Test. By completing checkout and by booking or using any Service during the Cooling-off Period, you expressly ask us to begin providing the Services straight away. You acknowledge that, if you then cancel during the Cooling-off Period, we may deduct from your refund the reasonable value of Services supplied up to the point you cancel, as explained in clause 11.
What your Membership includes
For each Membership Year, and subject to these Terms, your Membership includes:
Annual blood test: one broad-panel Blood Test per Membership Year, focused on markers relevant to preventative health and longevity. We arrange your Blood Test through one or more UK-based laboratory partners. The panel, laboratory, collection location, collection method and operational process may change from time to time. Individual biomarkers may also be unavailable, substituted, delayed or not reportable, as explained in clause 8.7. Unless we expressly say otherwise, your Membership includes one Blood Test only and does not include repeat tests, follow-up tests, additional tests, specialist tests, medication, prescriptions, pharmacy charges or referrals. You must book and attend your Blood Test in order to fully access other services provided in your Membership.
Your Care Team: access through the App to a dedicated care team that includes a medical doctor, a nutritionist or nutritional therapist and a personal trainer, to support you in understanding your results and working towards your health and lifestyle goals. Access to your Care Team is asynchronous, non-urgent and subject to clinical scope, availability and the fair-use provisions in clause 14.
In-app chat: unlimited messaging with your Care Team through the App for non-urgent questions about your results, habits and preventative health, subject to the fair-use provisions in clause 14. Responses are not immediate. We aim to respond within one business day, but response times may vary depending on clinical urgency, team availability, volume of messages and the nature of your question. In-app chat must not be used in an emergency.
The Arc app: access to the App to view your results, message your Care Team, set and track habits, connect Wearable Data and share other health information with us.
Additional purchases. From time to time we may make further products or services available to buy through the App, including additional tests, repeat tests, specialist tests, supplements, medication pathways, prescriptions, pharmacy services, referrals or other wellness and longevity services. These may be provided by us or by third parties, and may be subject to additional terms and eligibility requirements, and may involve additional fees. We will make any additional fees clear before you buy.
Prescriptions, treatment and referrals. Where our doctors consider it clinically appropriate while providing the Services, they may give advice, issue a private prescription, or recommend a referral. Any prescription, treatment or referral decision is a matter for the clinician’s professional judgement. Purchasing a Membership does not entitle you to any particular prescription, medication, treatment, referral or test beyond the annual Blood Test. Unless we expressly say otherwise, medication, pharmacy charges, delivery charges, referral fees and third-party treatment costs are not included in the Membership Fee.
Changes to what is included. We may add to, change or remove features of the Services and the App from time to time. We will not make changes that materially reduce the core benefits of your Membership during a Membership Year without offering you a reasonable alternative or, where appropriate, a refund.
Blood Test appointments and samples. You must follow any preparation, booking, attendance and sample-collection instructions given by us or our laboratory partners. If you miss an appointment, cancel late or fail to follow instructions, you may need to rebook and may be charged any reasonable non-recoverable cost we incur. If a sample fails, is insufficient, is delayed, is damaged, is rejected by the laboratory, or cannot be analysed for reasons outside our reasonable control, we will use reasonable efforts to arrange an appropriate next step, which may include a repeat sample. Whether a repeat sample is included or charged separately will depend on the reason for the failure and who was responsible.
Use of annual Blood Test. Your included Blood Test must be booked and completed during the relevant Membership Year. If you do not book or complete it during that Membership Year, it will not roll over unless we agree otherwise. Until you have completed your Blood Test, access to other parts of the service provided by your Membership may be restricted or withheld.
Availability of individual biomarkers. The Blood Test is a broad-panel test made up of multiple biomarkers. Individual biomarkers may sometimes be unavailable, not performed, delayed, withdrawn, substituted or not reportable by the laboratory, including because of assay availability, reagent or supply issues, sample quality, laboratory processing constraints, clinical appropriateness or other operational reasons outside our reasonable control. Where this happens, the Blood Test will still be treated as validly provided if the laboratory is able to report the remaining biomarkers in the panel. You will not be entitled to a refund, credit or repeat test solely because one or more individual biomarkers are unavailable or not reported, provided that the overall Blood Test remains materially consistent with the service we agreed to provide. We may, where we consider it appropriate, offer an alternative marker, repeat sample, follow-up test or other reasonable step, but we are not required to do so unless required by law.
The App and service availability
We provide the App and the Services with reasonable care and skill. Subject to your statutory rights, we do not guarantee that the App will always be available, uninterrupted, secure or error-free.
We may suspend, restrict or withdraw access to all or part of the App temporarily — for example, to carry out maintenance, updates or security work, or for reasons outside our control. Where we can, we will give you reasonable notice of planned downtime.
We do not promise that using the App or the Services will achieve any particular health outcome.
Artificial intelligence. We may use artificial intelligence, machine-learning systems, automated tools and other software-supported workflows in connection with the App and the Services. These tools may include customer-facing AI features and internal tools used by Arc or your Care Team. We will use these tools only in accordance with these Terms, our Privacy Notice, applicable law, and our clinical governance processes.
AI Wellness Chat. The App may include an AI-powered chat feature that allows you to ask general questions about wellness, lifestyle, habits, nutrition, sleep, exercise, recovery and similar non-urgent topics. The AI Wellness Chat is intended to provide general information and educational support only.
The AI Wellness Chat does not provide medical advice, clinical advice, diagnosis, risk assessment, treatment recommendations, prescriptions, referrals, interpretation of blood results, interpretation of symptoms, or advice about medication or medical conditions. It is not a substitute for advice from your Care Team, your NHS GP, a specialist, emergency services or any other qualified healthcare professional.
You must not use the AI Wellness Chat for urgent, emergency, medical, diagnostic, prescribing, medication-related or symptom-related questions. If you have symptoms that concern you, an urgent health issue, or a question about diagnosis, treatment, medication, blood results or a medical condition, you should contact your Care Team through the appropriate clinical channel, contact your NHS GP, contact NHS 111, or call 999 in an emergency.
AI-generated responses may be incomplete, inaccurate, inappropriate or not suitable for your circumstances. You are responsible for how you use general information provided by the AI Wellness Chat. You should not make medical or health decisions based solely on AI-generated responses.
Internal AI tools. We may use artificial intelligence or automated tools internally to support the operation of the App and the Services, including for administration, routing, triage support, summarisation, drafting, quality control, service improvement, internal workflows and helping your Care Team work more efficiently.
Internal AI tools are intended to support, not replace, your Care Team. They do not independently provide medical diagnosis, prescribe medication, make treatment decisions, approve referrals, or make final clinical decisions. Clinical advice, prescriptions, referrals and other clinical decisions remain the responsibility of the relevant clinician, who must exercise their own professional judgement.
Escalation and clinical boundaries. Where appropriate, we may restrict, moderate, review, redirect or disable AI features, including where we consider that a question or response may fall outside the intended wellness scope of the AI Wellness Chat. We may direct you to your Care Team, your GP, NHS 111, emergency services or another appropriate source of care.
Privacy and data use. We will handle personal data used in connection with AI tools as described in our Privacy Notice. We will not use identifiable health information to train external or general-purpose artificial intelligence models without your explicit consent.
Fees, payment and renewal
The Membership Fee is the price shown to you at checkout, payable in full and in advance at the time of purchase, unless we agree to another arrangement with you. The Membership Fee applies for one Membership Year.
We may offer promotional pricing, discounts or referral offers from time to time. These are subject to any specific terms we publish, apply only to the Membership term they relate to unless we say otherwise, cannot be exchanged for cash, and cannot be combined with other offers unless we say so.
Payments are handled by our third-party payment processor (currently Stripe, or such other processor as we may use). We do not store your full card details ourselves.
Automatic renewal. Your Membership will renew automatically at the end of each Membership Year, so that your access and care continue without a gap. Before each renewal, we will remind you by email or through the App, normally at least 30 days before renewal. The reminder will tell you the renewal date, the renewal price, how to cancel renewal, and any material changes that will apply to the renewed Membership. Unless we tell you otherwise, your Membership will renew at our then-current Membership Fee for your plan.
Turning off renewal and cancelling. You can switch off automatic renewal at any time by contacting us at hello@myarc.com. Switching off automatic renewal means your Membership will not renew for the next Membership Year. Unless you have a right to cancel and receive a refund under clause 11, clause 21, clause 22 or your statutory rights, your current Membership will continue until the end of the Membership Year you have already paid for.
Failed payments. If a payment fails, we may try again and will let you know. If you do not put it right within 14 days, we may suspend your access to the Services until payment is received.
Your right to cancel, cooling-off and refunds
Your 14-day cooling-off right. As a consumer buying at a distance, you have a legal right to cancel this agreement within 14 days after the day on which the contract is formed under clause 7.2, without giving any reason.
How to cancel during the Cooling-off Period. To cancel during the Cooling-off Period, you must tell us clearly before the Cooling-off Period ends. You can do this by emailing hello@myarc.com or by using the cancellation form included at the end of these Terms. You do not have to use the cancellation form.
Full refund where Services have not started. If you cancel during the Cooling-off Period and you have not asked us to begin, or started using, any Services, we will refund the Membership Fee in full.
Deductions where Services have started. If you cancel during the Cooling-off Period after asking us to begin providing Services, or after using any Services, we may deduct from your refund the reasonable value of Services supplied up to the point you cancel. This may include reasonable costs relating to App access, Care Team support, appointment booking, Blood Test collection, laboratory analysis, clinical review, administrative work and any other Services already supplied or costs already incurred.
Blood Test deduction. If your Blood Test has already been carried out, or if we have already incurred non-refundable laboratory, appointment or collection costs, we may deduct those costs and the reasonable value of related clinical and administrative work from your refund. Depending on the stage reached, this may significantly reduce the amount refunded.
Refund timing. Where a refund is due, we will refund you within 14 days after the day on which you tell us that you wish to cancel, using the same payment method you used to pay unless we agree otherwise.
After the Cooling-off Period. After the Cooling-off Period has ended, the Membership Fee is non-refundable, except where:
we end your Membership for a reason that is not your fault;
we make a material change to the Services or these Terms and you have a right to cancel under clause 22;
we are unable to provide a material part of the Services for an extended period because of a Force Majeure Event;
we are unable to provide a material part of the Services because we determine that the Services are clinically unsuitable for you and you have not yet received a material part of the Membership; or
you have a legal right to a refund.
Statutory rights. Nothing in this clause affects your statutory rights as a consumer, including your rights under the Consumer Rights Act 2015 if the Services are not provided with reasonable care and skill.
Your responsibilities
Give us accurate, complete and up-to-date personal and health information. We rely on this to provide the Services safely, and incomplete or inaccurate information may affect the safety or quality of the Services.
Follow reasonable instructions we give you, including preparation, booking and attendance instructions for your Blood Test. You must attend booked appointments on time or cancel or reschedule with reasonable notice. If you miss an appointment, cancel late or fail to follow instructions, you may be responsible for reasonable non-recoverable costs we incur.
Use the Services and any advice sensibly. You remain responsible for your own health decisions and for deciding whether to act on the information we provide.
Do not rely on the App or in-app chat in place of professional medical advice, and do not delay seeking, or disregard, advice from a qualified professional because of something you have seen in the App.
Keep your contact details current, so that we can reach you — including if we need to share an important or urgent result.
You must tell us about any information that may be relevant to your care, including symptoms, diagnoses, allergies, medication, supplements, pregnancy, attempts to become pregnant, recent test results, specialist care, changes in your health, and any advice you have received from other clinicians.
Where we ask for details of your NHS GP, emergency contact or other treating clinicians, you agree to provide accurate and up-to-date details. We may use those details where clinically appropriate, including where we need to share urgent or important information.
Acceptable use of the App
You must not:
break the law, or infringe anyone else’s rights;
upload or transmit viruses or other harmful code;
attempt to gain unauthorised access to the App, our systems or other members’ data;
harass, abuse, threaten or defame anyone, including our staff and Care Team;
copy, scrape, resell or commercially exploit any part of the App or Services;
use the App in a way that could damage, disable or impair it;
share your account or login details with anyone else;
upload, submit or share personal data or health information about another person unless you have lawful authority to do so;
attempt to manipulate, test, bypass, overload, reverse-engineer or misuse any automated, artificial intelligence or security feature of the App.
We may suspend or withdraw your access if you breach this clause (see clause 21).
Fair use of in-app chat and your Care Team
In-app chat is intended to support your own non-urgent preventative-health, lifestyle, nutrition and fitness goals. It is for reasonable personal use by you, the named Member.
In-app chat is asynchronous. It is not monitored 24/7 and must not be used for emergencies, urgent symptoms or time-critical medical issues. We aim to respond within one business day, but response times may vary depending on availability, message volume and the nature of your question.
In-app chat is not intended for:
use by anyone other than you;
seeking care for family members, friends or other third parties;
urgent, emergency or crisis support;
repeated follow-ups before a reasonable response window has passed;
volumes of messages that go materially beyond reasonable personal use;
requests that fall outside the scope of Arc’s preventative-health service;
abusive, threatening, discriminatory, harassing or inappropriate conduct; or
commercial use, research use, scraping, testing, benchmarking or other misuse.
If your use is unreasonable, unsafe, abusive or outside scope, we may contact you to explain the issue and ask you to change your use. If the issue continues, or if the issue is serious, we may take proportionate steps, including setting reasonable limits, pausing access to chat, changing the way we provide support, or suspending or ending your Membership under clause 21. We will act reasonably and, where practicable, give you notice before taking action.
Wearables, third-party data and links
The App lets you connect wearables and share data from third-party devices, apps and services. Your use of those Third-Party Services is at your own risk and is subject to the relevant provider’s own terms and privacy practices.
We are not responsible for the accuracy, completeness, timeliness or availability of Wearable Data or other data supplied by you or by third parties, and we are not liable for problems that result from inaccurate or incomplete data of this kind.
Where the App links to, integrates with or displays information from Third-Party Services that you choose to use, those services are provided under the relevant third party’s own terms and privacy practices. We are not responsible for optional Third-Party Services outside our reasonable control. This does not limit our responsibility for Services that we agree to provide or arrange as part of your Membership.
Your data and privacy
We are the controller of the personal data we process about you, including health information, except where our Privacy Notice explains that another organisation acts as a separate controller. We process personal data in accordance with our Privacy Notice, which explains what information we collect, how we use it, who we share it with, our lawful bases for processing, how long we keep it, your rights, and how we use data in connection with laboratories, pharmacies, clinicians, technology providers, regulators, your GP, the NHS and emergency services where relevant.
We take the security of your data seriously and use appropriate measures to protect it. However, no method of transmitting or storing data is completely secure, and you acknowledge the inherent risks of sharing information online.
We may use artificial intelligence or automated tools in connection with the App and the Services, including customer-facing AI wellness features and internal tools that support administration, routing, summarisation, drafting, quality control, service improvement and clinical workflows. Our Privacy Notice explains how personal data is used in connection with these tools, including the types of data involved, the purposes of processing, our lawful bases, any third-party providers involved, retention, safeguards and your rights.
We will not use identifiable health information to train external or general-purpose artificial intelligence models without your explicit consent. We may use anonymised or aggregated information for analytics, research, service improvement, product development and commercial purposes, provided that individuals are not identifiable from that information.
We will not make clinical decisions that have a legal or similarly significant effect on you based solely on automated processing without appropriate safeguards and, where required by law, your explicit consent.
Intellectual property
We (or our licensors) own all intellectual property rights in the App, the Services, and all related software, content, branding and materials. Nothing in these Terms transfers any of those rights to you.
We grant you a limited, non-exclusive, non-transferable and revocable licence to use the App and Services for your own personal, non-commercial use, in line with these Terms.
You must not copy, modify, adapt, translate, reverse-engineer, decompile or attempt to extract the source code of the App or any underlying software or models, except to the extent the law allows you to.
Your information and content. You retain any rights you have in information, data, images, messages and other materials that you provide to us or upload to the App. Nothing in these Terms affects your rights under data protection law or your right to request copies of your health records. Reports, dashboards, software, clinical templates, content, designs, models, methods and materials created by us or our licensors remain owned by us or our licensors.
Use of your information and content. We may host, store, use, copy and process information and content you provide to us where reasonably necessary to provide the Services, operate the App, maintain records, comply with legal and regulatory obligations, ensure safety and quality, investigate complaints, improve the Services and develop the App. This may include use with artificial intelligence or automated tools where described in these Terms and our Privacy Notice.
We will only use identifiable personal data, including health information, as described in our Privacy Notice or as otherwise permitted by law. We will not use identifiable health information to train external or general-purpose artificial intelligence models without your explicit consent. We may use anonymised or aggregated information for research, analytics, service improvement, product development and commercial purposes, provided that individuals are not identifiable from that information.
Our responsibility to you
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for:
death or personal injury caused by our negligence (including clinical negligence), or that of our staff or Care Team;
fraud or fraudulent misrepresentation; and
any other liability that cannot be excluded or limited under applicable law.
Subject to clause 18.1, and except for liability that cannot be limited by law, our total liability to you in connection with this agreement is limited to the total Membership Fee you have paid for the Membership Year in which the relevant event occurs.
Subject to clause 18.1, we are not liable for:
losses that were not reasonably foreseeable;
loss of profit, income, business or opportunity;
losses caused by inaccurate, incomplete or misleading information you provide to us;
losses caused by your failure to follow reasonable instructions or advice given by a suitably qualified professional;
losses caused by optional Third-Party Services that you choose to use and that are outside our reasonable control;
the acts, omissions, services or data of third parties (including laboratory partners, pharmacies, wearable providers and other Third-Party Services); or
the consequences of your own decisions or actions, or your failure to follow advice given by a qualified professional.
If defective digital content that we supply damages a device or other digital content belonging to you, and this was caused by our failure to use reasonable care and skill, we will either repair the damage or pay you appropriate compensation.
We provide the Services to you as a consumer, for your personal use. We are not liable for any business losses.
This clause does not affect your statutory rights as a consumer.
Responsibility for misuse
You are responsible for, and agree to reimburse us for, any reasonable losses, costs or claims we suffer that are directly caused by your breach of these Terms, your misuse of the App or Services, or content or data you upload that infringes someone else’s rights or breaks the law. This clause does not require you to compensate us for losses that were not reasonably foreseeable, or that arise from our own fault, and it does not affect your statutory rights.
Events outside our control (force majeure)
We are not responsible for any delay or failure to perform our obligations that is caused by an event outside our reasonable control (a Force Majeure Event), including natural disasters, extreme weather, epidemics or pandemics, war or civil unrest, industrial action, failures of utilities, internet or communications networks, governmental or regulatory action, or the failure of third-party suppliers.
We will let you know if a Force Majeure Event affects our performance, and will take reasonable steps to resume the Services. If a Force Majeure Event prevents us from providing a material part of the Services for more than 30 consecutive days, you may ask us for a fair, proportionate refund for the affected part of your Membership Year.
Suspending or ending your Membership
We may suspend or end your Membership, on reasonable notice (or immediately where the issue is serious), if:
you do not pay a fee that is due and do not put it right within 14 days of us reminding you;
you seriously or repeatedly breach these Terms; or
your conduct, in our reasonable view, threatens the safety of our staff, Care Team or other members, or the security or lawful operation of the App.
If we end your Membership because of a serious or repeated breach by you, or because of misconduct by you that makes it unsafe, unlawful or unreasonable for us to continue providing the Services, fees you have already paid are not refundable, except where required by law.
We may also end your Membership for other reasons by giving you reasonable notice. If we do this for a reason that is not your fault, we will refund the part of the Membership Fee that relates to the remainder of your Membership Year.
When your Membership ends, your right to use the App and receive the Services stops. You can ask us for a copy of your results and key information. We will retain, transfer, delete or restrict access to your records in line with our Privacy Notice and our legal, clinical and regulatory obligations.
Changes to these Terms
We may update these Terms from time to time — for example, to reflect changes in our Services, our business or the law.
If we make a change that materially affects your rights, we will give you reasonable notice (normally at least 30 days) before it takes effect, by email or through the App. If you do not agree to a material change, you can cancel as set out in these Terms. Continuing to use the Services after the change takes effect means you accept the updated Terms.
Complaints and resolving disputes
We want you to be happy with Arc. If something is wrong, please contact us first at hello@myarc.com, so that we can try to put it right. Please include your name, contact details, a description of the issue and what you would like us to do.
We will acknowledge your complaint promptly and aim to provide a full response as soon as reasonably practicable. Where a complaint relates to clinical care, regulated activities, safety, privacy or safeguarding, we may need to investigate further, involve appropriate clinical or operational staff, review relevant records, or ask you for more information.
We will handle complaints fairly, consistently and in line with our legal and regulatory obligations. We will tell you the outcome of our review and, where appropriate, any steps we propose to take.
If your concern relates to regulated activities or the quality or safety of care, you may also share your concern with the Care Quality Commission. The CQC does not usually resolve individual complaints for you, but it uses information from people who use services to monitor and regulate providers.
If your concern is about how we handle your personal data, you can contact us using the details in our Privacy Notice. You also have the right to complain to the Information Commissioner’s Office.
If we cannot resolve a dispute between us, we may agree to use mediation before going to court. This does not affect your right to bring a claim.
General
We may transfer our rights and obligations under this agreement to another organisation. We will tell you if this happens, and will make sure it does not reduce your rights. You may not transfer your rights or obligations without our consent.
If we do not enforce a right straight away, that does not mean we have given it up.
If any part of these Terms is found to be unlawful or unenforceable, the rest will continue to apply.
This agreement is between you and us. No one else has any right to enforce its terms under the Contracts (Rights of Third Parties) Act 1999.
These Terms, together with the Privacy Notice and any documents we expressly refer to, make up the whole agreement between us about the Services.
Notices to us should be sent to hello@myarc.com or to our registered office. We will contact you using the details on your account.
Governing law and jurisdiction
This agreement, and any dispute arising from it, are governed by the law of England and Wales.
The courts of England and Wales have jurisdiction over any dispute, although if you live elsewhere in the United Kingdom you may also bring proceedings in the courts of the part of the UK where you live. Nothing in this clause limits your statutory rights as a consumer.
Contact and company details
Newmode Health Limited (trading as Arc)
Cancellation form
I hereby give notice that I cancel my contract for the Arc Membership.