Face Fit Testing Done Properly

1.    Introduction
1.1 These Terms of Service ("Terms") govern your access to and use of the "Mask Mate" web application (the "App"), a product owned and operated by RPE Face Fit Solutions Ltd, trading as "Mask Mate" ("Mask Mate", "we", "us").
1.2 The App is a white-label solution licensed to businesses and individuals who are "fit2fit" accredited or training providers using "fit2fit" individuals. Mask Mate provides the software platform only and is not responsible for the delivery or outcomes of face fit tests conducted by Licensees.
1.3 Licensees may utilise the App to provide face fit testing services to their customers ("End Users").
1.4 By accessing or using the App, you (whether as a Licensee or End User) agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the App.

2.    Licence Grant
2.1 Licence to Licensees: Mask Mate grants Licensees a non-exclusive, non-transferable, limited right to use the App solely for the purpose of conducting face fit testing services for their End Users. The App is provided in a white-label format, allowing Licensees to customise the appearance for their branding.
2.2 Restrictions: Licensees may not:
•    Modify, adapt, translate, or create derivative works of the App.
•    Reverse engineer, decompile, or disassemble the App.
•    Rent, lease, lend, sell, distribute, or sublicense the App to any third party.
•    Use the App for any purpose other than as permitted under these Terms.

3.    End User Use
3.1 End Users may use the App only in accordance with these Terms and the instructions provided by their Licensee. In some cases, the App may appear under a different brand name, depending on your service provider. This is part of the white-label functionality provided by Mask Mate.
3.2 End Users acknowledge and agree that:
•    The App is intended for use as a tool to assist in the face fit testing process.
•    The App does not constitute professional medical advice and should not be relied upon as the sole source of information for any medical decisions.
•    They are responsible for ensuring their own safety and compliance with all applicable laws and regulations.

4.    Disclaimer of Warranties
4.1 THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
4.2 MASK MATE DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4.3 MASK MATE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR MATERIALS PROVIDED THROUGH THE APP.

 

5.    Limitation of Liability
5.1 IN NO EVENT SHALL MASK MATE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THE APP, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF MASK MATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 MASK MATE SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITIES, OR DAMAGES ARISING OUT OF OR RELATING TO:
•    Any injury or harm caused to any person or property.
•    Failure to comply with laws or regulations by Licensees or End Users.
•    Breaches of data privacy or security, including unauthorised access to End User data.
•    Loss of reputation or goodwill.
•    Actions or omissions by Licensees, Accredited Individuals, or End Users.
•    The accuracy, validity, or outcomes of any face fit testing results generated using the App.
•    Misuse or unauthorised use of the App.
•    Contractual or service disputes between Licensees and End Users.

6.    Intellectual Property
6.1 The App and all related intellectual property rights, including but not limited to copyrights, trade marks, and patents, are owned by RPE Face Fit Solutions Ltd or its licensors.
6.2 Licensees are granted a limited right to use the App's white-label functionality for their branding purposes. However, they may not remove or alter any copyright or trade mark notices within the App.
6.3 End Users may not use the App in any manner that infringes upon or misappropriates Mask Mate or any third party's intellectual property rights.

7.    Data Privacy
7.1 Licensees are solely responsible for ensuring compliance with all applicable data privacy laws and regulations, including but not limited to the General Data Protection Regulation (GDPR).
7.2 Mask Mate is not responsible for the collection, storage, or use of any personal data by Licensees or End Users. Licensees are responsible for implementing appropriate technical and organisational measures to protect End User data.
7.3 End Users should consult the Licensee's privacy policy for information on how their data is collected, stored, and used.

8.    Licence Fees and Termination
8.1 Licensees are responsible for paying all applicable licence fees to Mask Mate for the continued use of the App.
8.2 Failure to maintain the required licence fees will result in the termination of the Licensee's access to the App.
8.3 This Agreement will automatically terminate upon the earlier of:
•    Licensee's failure to maintain the required licence fees.
•    Lapse of the Accredited Individual's face fit training certification.
8.4 If a Licensee terminates their agreement with Mask Mate, the Licensee remains solely responsible for fulfilling any contractual obligations they have entered into with their End Users, including but not limited to ongoing access, support, or services under fixed-term agreements (e.g., 1-year, 2-year, or 3-year service periods). Mask Mate shall not be responsible for any failure by the Licensee to honour such agreements.

9.    Training Requirements and Communications
9.1 Mask Mate, Licensees, and Accredited Individuals may send reminders regarding the need to renew face fit training certifications, information about other Mask Mate services, and promotional materials related to respiratory protective equipment.
9.2 Licensees and Accredited Individuals are responsible for ensuring that all communications comply with applicable laws and regulations, including anti-spam laws.

10.    App Access and Security
10.1 Access to the App may be controlled through the use of activation codes provided by the Licensee.
10.2 Licensees are responsible for the security of their activation codes and for ensuring that only authorised End Users have access to the App.
11.    Software Compliance
11.1 Licensees are responsible for ensuring that their use of the App complies with all applicable software licensing laws and regulations.

12.    User Responsibilities
12.1 End Users are responsible for complying with all applicable laws, including local and other regulations, pertaining to personal information, such as data from or relating to Authorised Users.
12.2 End Users are responsible for providing individuals with any privacy notices and obtaining any consents required by applicable laws for the collection, use, disclosure, and processing of personal information in connection with the Licensee's use of the App.

13.    Security Incidents
13.1 In the event of a confirmed security incident involving unauthorised access to End User data, Mask Mate will:
•    Notify the Licensee promptly after becoming aware of the incident.
•    Take reasonable steps to mitigate the effects and minimise any damage resulting from the incident.

14.    Feedback
14.1 Any feedback or suggestions provided by Licensees or End Users to Mask Mate regarding the App shall be the property of Mask Mate.

15.    Governing Law
15.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.

16.    Entire Agreement
16.1 These Terms constitute the entire agreement between you and Mask Mate with respect to the App and supersede all prior or contemporaneous communications, representations, and understandings, whether oral or written.

17.    Severability
17.1 If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

18.    Force Majeure
18.1 Mask Mate shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, power failures, internet disruptions, cyber attacks, pandemics, war, or legal restrictions.

19.    No Partnership
19.1 Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between Mask Mate and any Licensee or End User.

20.    Survival
20.1 The provisions of this Agreement that by their nature should survive termination, including but not limited to intellectual property rights, limitations of liability, and governing law, shall survive any termination or expiration of this Agreement.

21.    Changes to Terms
21.1 Mask Mate may update these Terms from time to time. You are advised to review these Terms periodically for any changes. Your continued use of the App following the posting of any changes to these Terms constitutes acceptance of those changes.

22.    Contact
22.1 End Users: If you have any questions about the face fit test, your data, or how the App is being used, please contact your service provider (the organisation or individual who performed your face fit test). Mask Mate does not provide direct support to End Users and cannot respond to enquiries about individual test results or bookings.
22.2 Licensees: If you have any questions about the Mask Mate App itself, technical issues, or your licence, please contact Mask Mate at info@mask-mate.co.uk.