Terms of Service
These terms of service (the “Terms of service”) govern your use of Preggers (the “Service” as defined below). By accepting the Terms of service, an agreement is entered into by you (“you”) and Stroller AB, company registration number 559106-0909 having its registered address at Upplandsgatan 84, 113 44 Stockholm, Sweden (“we” or “us”).
The Service is provided through our mobile application (the “App”). By using the Service or creating a user account with us you accept these Terms of service. If you do not agree to these Terms of Service, please do not use the Service provided by us.
These Terms of Service apply within EEA (The European Economic Area).
Persons under the age of 18 may not use the Service.
THE SERVICE
The Service enables you to save information about your child and your pregnancy. The Service also provides general information regarding pregnancy and parenthood.
However, the Service does not constitute and is not intended to replace any, medical advice. Furthermore, are solely responsible for how you choose to act on the information and content made available by us and/or in the Service. We disclaim any liability for the decisions you make based on this information and content, which is provided to you on a general information basis only. If you have any healthcare concerns, e.g. about your pregnancy or child, please consult with your doctor, midwife, or another professional healthcare provider.
Everyone using our Service is, in these Terms of service, referred to as “Users or you”, a definition which also includes you as a party to this contract that you have entered into by accepting these Terms of service.
Since the Service, among other things, seeks to enable third parties to enter into agreements and other legal acts with each other, we wish to declare that we under no circumstances should be regarded as a party, an intermediator, an agent, a commission agent or in any other way as connected to our Users’ interactions and use of the Service, other than via these Terms of service that are entered into with every User separately.
LICENSE
Provided that you accept and adhere to these Terms of Service, you are granted a non-exclusive, non-transferable, revocable license to download, install and use the App for private and individual use in object code form on a mobile device to which you own or have access to, within EEA, in order to use the Service for its intended purpose.
You will not receive any other license to use the above intellectual property rights except as expressly provided in these Terms of Service.
Please note that content published in the App and within the Service is provided for information purposes only and does not constitute medical advice, diagnosis, or treatment of any kind.
Please note that content posted on the Service may belong to third parties and that we have no control over such content. Therefore, we cannot be held liable for such content supplied by third parties and presented or made available within the scope of the Service; however, should you think that content posted by third parties violates your rights, please contact us using the contact information given below, and we will look into the matter immediately.
We do not grant you or anyone else permission to copy or alter the App in whole or in part. You, or a third party, may not without our consent develops, add to, decompile or make reverse engineering on the App or its components. It is not allowed to re-create the source code or its functionality or make copies of the software, other than as expressly permitted by mandatory law.
You may not use the Service for commercial purposes or/and for the purpose of marketing your products/services within the Service. You may not use the Service to distribute viruses, trojans, or similar programs. We do not allow automatic reading of the Service.
All intellectual property rights in the App, or any other part of the Service, belongs to or are disposed of with license by us. Nothing in these Terms of Service shall be construed as a transfer of any intellectual property right or any other right to you. You are only given the limited license as described above.
USERNAME AND PASSWORD
In order to use the Service, you will have to create a user account (the “User account”) in the App and sign in to it.
You may choose to create an account, but you may also use one of the selected social media accounts, as set forth in the Service from time to time, to sign in to your user account in the App. If you choose to create a new user account, you will be asked to provide your e-mail address and a password in order to create the account. Thereafter you will be asked to provide your name as username.
When creating your user account, you will be asked to submit certain information about yourself. Please read our Privacy policy before you start using the Service. You can find the Privacy policy further down on this page. Do not use the Service if you do not accept the Privacy policy.
If you use another account to access your user account with us, for example, your Facebook account, you authorize us to collect your authentication information, such as your username, your e-mail address, encrypted access credentials, and, depending on the other account you use to access your user account, other information that such other account is transferring, e.g. your name and/or profile picture. Such transferred information and the transfer itself will be treated in accordance with our Privacy policy and described therein.
Your account is personal and you are not allowed to transfer your account to any third party or to allow a third party to use the Service through your user account. You are responsible for protecting your login information from access by unauthorized persons. If you have reason to believe that any third party has gained access to your user account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your user account if we have reason to believe that any third party has gained unlawful access to your user account.
Please note that if your account is left inactive during a period of 90 consecutive days, we have the right to make your account “invisible”, meaning that all account information is saved, but the account is de-activated and needs to be activated for you to be able to use it again. Additionally, if your user account is left inactive during a period of 365 consecutive days, we have the right to cancel your user account permanently. In each case, we will provide reasonable advance notice to you.
YOUR USE OF THE SERVICE
We do not want the Service to be used for anything other than its intended purpose. Your use of the Service may only be in accordance with its intended purposes, as described above. If you do not accept this, we ask you not to use the Service.
Network Fees and Access
You are responsible for securing your access to the network necessary to use the Service. There may be additional costs e.g. transfers of data and messaging services. These costs are not paid by us. Furthermore, you are responsible for obtaining and keeping the necessary hard- or software up to date to access and use our Service.
Price information
Download and use of the App are free of charge but you will be able to access premium content in the Service for a fee.
Please notice that payments regarding premium content in the Service are handled by our third-party providers (e.g. Apple, Google, Huawei, and Stripe) and that you must agree to the respective third-party provider’s terms of payment before purchasing premium content in the Service.
The price for the Service may be changed unilaterally by Stroller from time to time and such change shall be preceded by reasonable notice to you, giving you the opportunity to terminate the Service prior to such change becoming effective in the event that you do not agree to our change. Furthermore, you understand that premium content in the Service constitutes digital content and that when you purchase digital content from Stroller you waive your statutory right of withdrawal, unless otherwise expressly provided in the respective third-party provider’s terms of payment.
Payment and price information regarding offers from a third party are provided in connection with the offer.
Notifications
Depending on your choice of privacy settings in the App we may send notifications to the device where the App is installed.
Marketing etc
Our sponsors and partners may from time to time market their services in the App. By using the App you agree to receive such marketing.
We are not in any way responsible for such marketing. We may conduct questionnaires in the App. To participate in a questionnaire we ask you to follow the instructions provided in connection with the questionnaire. By participating you agree to us processing the data you provide in order to carry out the survey, and that we compile the results for our use or for a third party’s use as described in connection with the questionnaire. Participation is voluntary. Participants are not entitled to compensation unless explicitly stated otherwise by the information provided in connection with the questionnaire.
PROCESSING OF PERSONAL DATA
We process personal data received in connection with the use of the Service. The personal data processing is made in accordance with our privacy policy (further down on this page).
DISCLAIMER OF WARRANTY
The Service, the App, is provided ‘as is’ without warranties of any kind. Your use of the Service is solely your responsibility and at your own risk. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, qualification for any particular purpose, suitability, or accuracy of the App or the Service.
We recommend you not to rely on the Service for a purpose which is of high importance to you or which you consider intolerable if not met, since there may be situations where the Service will not be available, due to, but not limited to, maintenance and circumstances beyond our control. In addition, we reserve the right to modify or discontinue providing the Service, at our sole discretion. Within these boundaries, we shall be liable without limitation in the event of intent and gross negligence, injury to life, limb, or health, as well as in accordance with the provisions of the Product Liability Act and to the extent of any guarantee assumed by us. In the event of a slightly negligent breach of an essential contractual duty, our liability shall be limited to the amount of the damage that is foreseeable and typical according to the nature of the transaction in question. An essential contractual duty is an obligation the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which you may regularly rely on and trust. There is no further liability on our part.
INDEMNITY AND LIMITATION OF LIABILITY
You are liable for any damages inflicted on us, or any third party, due to your breach of these Terms of service, including but not limited to the misuse of the App and/or the Service. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities, and losses incurred by us in relation to your breach of these Terms of service or other applicable law.
Should any User-generated Material generated by you infringe a third party’s intellectual property right, you agree to immediately remove all infringing parts of the User-generated Material and indemnify us from all damages, costs, and expenses incurred by us as a result of such infringement.
CHANGE OF TERMS AND TERMINATION OF SERVICES
We have the right to make changes and updates to these Terms of Service at any time. In the event of a change, we will inform you in the App which will show you the changed terms. In order to continue to use the Service including the App after such a change of terms, you need to accept the changed terms.
You have the right to terminate your user account and remove your content from the Service at any time and without prior notice.
We have the right to suspend your access to the Service with immediate effect if we have reason to believe that you are violating these Terms of service. Furthermore, we reserve the right in such case to modify, discontinue, temporarily or permanently cease providing the Service at any time without prior notice, in order to protect the App, its users, or ourselves, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or any third party for such modification, suspension, or discontinuance.
TRANSFER
You may not assign or transfer any rights, obligations, or licenses as provided in these Terms of Service. We may assign and transfer our rights under these Terms of service without your consent and notice to you.
APPLICABLE LAW AND DISPUTES
These Terms of Service shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules. If your habitual residence is in an EU member state other than Sweden, the provisions in your country of residence which cannot be derogated from by agreement remain unaffected.
Any dispute or claim arising out of or in connection with these Terms of service, or the breach, termination, or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.
TERMS OF SERVICE AND MANDATORY APPLICABLE LAW
In the event that you use the Service in a jurisdiction whose mandatory applicable law prescribes provisions that are in conflict with these Terms of service, such provisions shall prevail and the remaining provisions of these Terms of service which are not in conflict with mandatory applicable law shall remain in force with no changes.
WARRANTIES AGAINST APPLE INC.
The parties to this agreement, we and the Users, hereby clarifies the following in relation to Apple Inc. ("Apple"):
- That we and the Users are the only parties to this Agreement;
- That we are responsible for the Service, the App, and all content therein. We carry all responsibility for the maintenance, support, and service of the Service or any technical equipment used to enable the provision of these. Claims that directly or indirectly depend on such grounds may only be directed against us, and not against any third party.
- That all demands or claims arising directly or indirectly from the use of the Service and which might be directed against us, only shall be directed against us. Apple is not in any way liable to respond to these demands or claims if these are directed against Apple.
- That we, and not Apple, are solely responsible to investigate, defend, settle or secure liability in the event of any third party claims, based on the Service or infringements of any third party's intellectual property rights caused by use of the Service.
- The User guarantees and ensures that you are not located in a country subject to an embargo issued by the US government, or has been designated by the US as a "terrorist supporting" country and that you are not on any of the US government's list of prohibited or restricted parties.
- That these Terms of service creates rights for Apple to apply these Terms of service directly against you, regardless of our participation. In addition to the third-party rights given to Apple, these Terms of Service will not give any third-party rights to any other natural or legal person.
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CONTACT INFORMATION
Stroller AB
Upplandsgatan 84, 113 44 Stockholm
Sweden
E-post: legal@preggers.app