Oshn Terms of Use

By downloading, installing, or making use of Oshn or  playing  Oshn, you accept that you are bound by these terms and that you may be liable should you fail to abide by the terms. 

Where you are under 18 any person (referred to as a ‘Guardian’) who permits you to do any of the above may also be liable if you fail to abide by the terms of the Agreement and, as such, you must make them aware of that fact.    Where a user is under 13 a Guardian must actively agree to these conditions on your behalf.  

BfB reserves the right to change these terms at any time. If we do, we will notify you and ask you to agree to them again.  Where you are under 18 you must let your Guardian know about the changes. 

Continued use of the App by you after notification will constitute agreement to the new terms by you and your Guardian 

BfB  retains the right to upgrade or make any other changes to the app that it considers necessary.

BfB  also retains the right to terminate the app at any time.  If it intends to do so we will provide reasonable notice to the Referring Customer who made the App available to you. We would expect that they would take steps to make you aware.  We will also take reasonable steps to make you aware. 

Occasionally a Referring Customer will decommission the App.  Again we would expect that they would take steps to make you aware.  We will also take reasonable steps to make you aware. 

If you do not agree to these terms, you must not install or use the application. You must also delete the application from your device.  

WHO IS THE AGREEMENT BETWEEN? 

This Agreement ("Agreement") is between:

  1. you, and (where you are under 18)  your Guardian  

  2. the developer and operator of this application- BfB Labs Ltd.  

We are a company incorporated in England and Wales (registration number 09700274).  Our  registered office is 127 Farringdon Road, c/o Better Space, London, England, EC1R 3DA ("we", "us", "our").

1. DEFINITIONS AND INTERPRETATION

"App" or "Application": The software, games, content, features, and user interfaces (‘Oshn’) designed to enable children and young people aged 11-25 to self-manage low mood and boost motivation by building confidence, resilience, and personal wellbeing through use of the App. 

"User”:The specific individual who has been given permission to access, download and make use of the App.

"Cloud Infrastructure": The remote cloud infrastructure and hosting platform and services provided by Amazon Web Services (AWS) used to run, maintain, and secure the App and process related data.

"Data Protection Legislation": All applicable data protection laws in force in the UK, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

"Referring Customer": The third-party (typically the NHS or a local authority) body that has funded and made this App available to the User. 

"Therapeutic Data": Any data generated by the User’s interaction with the App, including game responses, engagement levels and self - reporting. 



2. SCOPE OF REFERRAL & ACCESS INFRASTRUCTURE

2.1 Access to this App is conditional upon a Referring Customer (typically the NHS or Local Authority) funding and making it available for your use. 

2.2 BfB does not guarantee in any way that the app will remain as it is, nor that it will be available at any particular time.

2.3 The app content is provided on an as-is, where-is basis. 

2.4 You acknowledge that initial access and subsequent updates to the App depends on the availability of an internet connection and compatible mobile device hardware, for which you are solely responsible.

2.5 Our content contains links to other websites that are not under our control. We are not responsible in any way for the content of those websites.


3. GRANT OF LICENCE AND PERMITTED USES

3.1 In consideration of your agreement (as well as, where applicable, that of your Guardian) to abide by the terms of this Agreement, we grant you a non-exclusive, non-transferable, revocable, non-sublicensable, limited licence (permission) to download, install, and operate a single copy of the App on a mobile device solely for your personal, non-commercial, therapeutic use  in accordance with these terms.

3.2 What you CAN Do:

3.2.1 Launch, play, and facilitate or complete the activities  built into the App interfaces.

3.2.2 Review progress, goals and challenges  attempted, rewards, and feedback indicators explicitly made available to the user within the interface.

3.2.3 Use the software strictly for its intended psychological wellbeing, cognitive-behavioural, or therapeutic support purposes. 

4. PROHIBITED USES AND RESTRICTIONS

4.1 All intellectual property such as trademarks, copyright and design that makes up the Oshn app and all images and content belong to BfB. It cannot be used or reproduced by any other person or organisation without the express consent of BfB.

4.2 The licence granted under this Agreement is strictly limited. You must ensure that you do not engage in, facilitate, or permit any of the following restricted activities. Any breach of this section constitutes a breach of the Agreement and will result in termination of access and a potential claim for compensation. 


4.3 What You  CANNOT Do:

4.3.1 Commercial Exploitation - Sell, lease, sub-license, rent, loan, distribute, or otherwise commercially exploit the App, its underlying software, assets, or graphics.

4.3.2 Reverse Engineering - Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of the App or any updates, except to the strict extent permitted by applicable UK law.

4.3.3 Security Circumvention - Bypass, modify, defeat, or circumvent any security measures, digital rights management (DRM), user authentication protocols, or access controls implemented to protect the App or the AWS platform infrastructure.

4.3.4 Data Scraping & Interception - Use any automated scripts, bots, spiders, or scrapers to extract data, code, or content from the App, or intercept API calls passing between the App client and our AWS servers.

4.3.5 Malicious Abuse- Introduce viruses, trojans, worms, logic bombs, or other malicious code, or carry out denial-of-service (DoS/DDoS) attacks against our cloud systems.

4.3.6 Impersonation & Sharing - Share account authentication credentials (login/invite code) with third parties or use the App for someone other than the specific User  designated under the official NHS or Local Authority funding.


4.4 Indemnity

You and, where applicable, any Guardian, shall indemnify and hold BfB harmless against all costs, damages, expenses, (including, without limitation, legal expenses), loss and liabilities that arise as a direct or indirect result of any breach of these terms by you. 

5. CLINICAL MONITORING, REPORTING, AND DATA SHARING

A fundamental feature of this Application is its integrated health data tracking framework. By utilising the App, you acknowledge and agree to the following tracking mechanism:

5.1 Active Monitoring - We, on behalf of the referring customer,  continuously log, audit, monitor, and assess your engagement, progression milestones, response velocity, and game-play results within the Application.

5.2 Reporting to Referring Customers - All compiled Therapeutic Data, treatment trajectories, and health metrics may be securely made available to, shared with, and viewed by the Referring Customer (the organisation that funded Oshn, NHS organisation, clinical care team, or assigned Local Authority case officers authorised by the funder). This data sharing is explicitly intended to enable clinical oversight (where agreed with the Referring Customer as part of their standard operating procedures), validate therapeutic progress, inform continuous care and to help us and our funders understand if it is helping.

5.3 All the information you record using the app will be held and stored on your own personal device and on our secure online hub (for authorised staff appointed by your service provider). We would recommend you take all possible steps to keep the information  on your device secure.

5.4 We reserve the right to anonymously track and report a user's activity inside the app. We do this so we can help create a better experience for our users in future versions of the app. 

6. DATA PROTECTION 

We process all personal and clinical data relating to you in strict compliance with UK Data Protection Legislation. 

7. CLINICAL DISCLAIMER AND LIMITATION OF LIABILITY

While this Application is developed as an evidence-based digital therapeutic intervention targeting low mood and motivation, you expressly agree to the following liability exclusions:

7.1 Not an Emergency Service - If you experience acute psychological distress, self-harm ideation, or severe clinical escalation, you should contact  your  GP or emergency services (such as 999 or 111).

7.2 Advisory Scope - The App is provided to help manage difficulties with low mood and motivation in Children and Young People aged 11-25 years. It does not replace comprehensive professional medical diagnosis or any treatment plans recommended by a clinical professional. It is recommended that use by those under 16 is supervised by a Guardian. 

7.3 Oshn is not intended to be used by i) individuals with severe anxiety, in crisis, experiencing suicidal thoughts, or at risk of self-harm without the support of a mental health professional, ii) individuals with severe mental health symptoms or diagnosis, who are not supported by a mental health professional. 

7.4 When using Oshn to support neurodivergent individuals or those with special educational needs and disabilities (SEND) who have worries, it is advised to do so under the guidance of their parent, guardian or mental health professional. Ensure necessary adjustments are made beforehand to accommodate your sensory needs.  Please see Instructions for Use for further details.


8. LIMITATION 

8.1 To the maximum extent permitted by UK law, we shall not be liable for any indirect, incidental, special, or consequential damages resulting from the use or inability to use the App. 

9. TERM AND TERMINATION

9.1 This Agreement remains fully effective until terminated by any party. Your rights under this licence terminate automatically without notice if:

9.1.1 You  breach any term of this Agreement.

9.1.2 The clinical referral (or offer) provided by the Referring Customer expires, is formally withdrawn, or is discontinued by the NHS, Local Authority or funding organisation.

9.1.3 We cease hosting the platform infrastructure, giving reasonable advance notice where possible to the Referring Customer.

9.2 Upon termination, all rights granted to you under this licence will cease immediately, and you will no longer be able to access the App.

10. SEVERANCE

10.1 The rights and obligations set out in this agreement are cumulative.  If any of them become illegal or unenforceable under applicable law, the part that is illegal or unenforceable shall be deemed to be removed from this agreement. The removal of that part or parts shall not affect the remaining terms. 

11. GOVERNING LAW AND JURISDICTION

11.1 This Agreement is governed exclusively by the laws of England and Wales. 

11.2 You and we both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.