TERMS OF SERVICE FOR USERS OF PREGLIFE
We’re happy that you want to use Preglife! We hope that you will be satisfied with the functions and information provided in Preglife. Before you start using Preglife we recommend you to carefully read through these Terms. This text constitutes the agreement between you and us. By using Preglife you agree to be bound by these Terms. PLEASE NOTE THAT THIS IS A LEGALLY BINDING AGREEMENT.
These Terms are continuously updated, see section 11. The latest version is always to be found in Preglife and at the Homepage. Such updates will apply as soon as you have red them, but never later than 30 days after the point of time when they were published at the Homepage.
THE INFORMATION AVAILABLE IN PREGLIFE DOES NOT CONSTITUTE MEDICAL ADVICE AND THAT PREGLIFE AB DOES NOT TAKE MEDICAL RESPONSIBILITY FOR YOUR USAGE OF PREGLIFE. PREGLIFE CONSTITUTES OF AN EDUCATIONAL TOOL ONLY. EACH PREGNANCY AS WELL AS EACH CHILD ARE UNIQUE AND THE INFORMATION YOU RECEIVE THROUGH PREGLIFE IS GENERAL. ALWAYS CONSULT A MIDWIFE AND/OR A PHYSICIAN IF YOU ARE IN DOUBT.
IF YOU THINK THAT YOU ARE IN NEED ON MEDICAL CARE, PLEASE CONTACT A DOCTOR. IN CASE OF AN EMERGENCY SITUATION, CALL 911 IMMEDIATELY.
1.1 To make this document easier to read, this list explains some of the words that are frequently used later on.
”Data” The data which is transmitted by you to us through Preglife when us-ing Preglife;
“Parent” A natural person who follow the development of his or her child/children, or the child/children of someone else, through Preglife;
”Partner” An entity which Preglife AB co-operates with and which is presented in Preglife or at the Homepage;
”Preglife” The app Preglife provided by Preglife AB which is possible to down-load on App Store, Google Play or similar;
”Preglife AB” Preglife AB, Swedish organization number 556768-4278;
”Pregnant User” The natural person whose pregnancy is followed in Preglife;
”Related User” The natural person who follows the pregnancy of the Pregnant User in Preglife;
”Terms” These terms of service applicable between you and us;
”User” Pregnant Users, Related User and Parents, who use Preglife;
”User Account” The account registered by you in Preglife in order to make it possible to use Preglife. In case no User Account has been registered by you, “User Account” shall be understood as your usage of Preglife instead, insofar it is applicable;
”we”, ”our”, ”us” Preglife AB; and
”you”, ”your”, ”yours” A User.
2 ABOUT PREGLIFE
2.1 Preglife is an app provided by Preglife AB. Preglife provides support for Pregnant Users and their partners, other Related Users and Parents. Through Preglife you may follow a pregnancy week by week. Preglife contains a statistics function which makes it possible to always know, for instance, in how many days the child is expected. When the child is born, you may follow the development of the child until he or she reaches the age of two years.
2.2 There is no limitation as to how many pregnancies may be followed using Preglife, only one pregnancy may, however, be followed at the same time (a multiple pregnancy, i.e. twins, triplets etc. is considered one pregnancy). The User may follow the development of several children simultaneously.
2.3 More information about Preglife is to be found in Preglife or at the Homepage.
2.4 THE INFORMATION PROVIDED IN PREGLIFE DOES NOT CONSTITUTE OF MEDICAL ADVICE.
3 USAGE OF PREGLIFE
3.1 Using Preglife is free of charge. If you accept an offer of one of our Partners, you enter into a separate agreement with such a Partner which may result in an obligation to make a payment to the Partner.
3.2 To be able to use Preglife, you need to provide us with certain information, in accordance with the instructions in Preglife. You are responsible for all information that you submit while using Preglife and you guarantee that such information is not confidential, does not infringe a third party right and that you have all necessary permissions to submit it.
3.3 You agree that your use of Preglife will be lawful and that you will not for example, but not limited to, (i) commit a breach of these Terms, (ii) misuse Preglife including the support, (iii) in any way harm Preglife AB or Preglife, (iv) upload any malicious or invasive code or program or upload or transmit any material that acts as a passive of active information collection or transmission mechanism, (v) copy Preglife or any part of Preglife, or (vi) interfere with or circumvent any security feature of Preglife.
4 MISUSE OF PREGLIFE
4.1 Preglife AB always has the right to terminate your User Account and/or to block your e-mail address. This might be done if you misuse Preglife in any way, for instance but not limited to, by take such action as described in section 3.3 above. A breach against these Terms might be classified as misuse. You will always have to compensate Preglife AB for any costs that the misuse results in.
5 CHANGES, UPDATES, LIMITED ACCESS TO PREGLIFE
5.1 Preglife AB always has the right to, at any time, change and update Preglife. Preglife AB also has the right to change or terminate different functions in Preglife included – but not limited to – functionality, functions and services, without prior notice. These Terms shall apply on all new functionality, functions and/or new services launched in Preglife.
5.2 Preglife AB always has the right to, at any time, with or without prior notice, take such actions which may affect your usage of Preglife, if necessary. Preglife AB shall take such actions urgently and in a way which causes as little incon-venience for you as possible.
5.3 Preglife AB’s actions as described in the section above does not incur any right to compensation.
6 INTELLECTUAL PROPERTY RIGHTS
6.1 Preglife AB and/or eventual Partners have all rights, intellectual property rights included, attributable to Preglife, as well as all material provided to you through Preglife. This applies on all intellectual property rights, in all jurisdictions, whether or not they are registered. “All material” includes, but is not limited to, manuals, guides for Users and other written, electronical or non-electronical descriptions of how Preglife is created. Nothing in these Terms shall be interpreted in a way that makes you entitled to claim or to copy, spread or otherwise use any such rights or mate-rial.
6.2 You own all your Data, even if it is provided to us through Preglife. Preglife AB does not claim the right to any such Data.
7 SUPPORT, COMMUNICATION AND CONTACT DETAILS
7.1 You accept that all communication between Preglife AB and you related to Preglife may be carried out electronically, for instance through e-mail. Preglife AB’s e-mail address is firstname.lastname@example.org. Information about stoppage, new versions, other information about Preglife and support, are all examples of such things that Preglife AB might in-form you about.
7.2 You may also send letters to Preglife AB:
Grev Turegatan 9 A, 4 tr
SE-114 46 Stockholm
8 PROCESSING OF PERSONAL DATA
9 LIMITATION OF LIABILITY AND SERVICE
9.1 Preglife is delivered on an “as is” basis. PREGLIFE AB DOES NOT GUARANTEE, NEITHER EXPRESSLY OR IMPLICITLY, ANYTHING. For example, but not only, Preglife AB does not guarantee that Preglife is suitable for your needs or that the information in Preglife is accurate, reliable, complete or correct. In other words, the use of Preglife is at your own risk. To the fullest extent permitted by law, Preglife AB disclaims all warranties, either expressed or implied, statutory or otherwise, including but not limited to the fitness for a particular purpose.
9.2 You are aware that access to the Internet is required in order to use some parts of Preglife, and that such access neither is installed, maintained nor established by Preglife AB. Preglife AB does therefore not guarantee that you can use Preglife at all times. Preglife AB does not guarantee that Preglife will be provided uninterrupted or free from errors, viruses or other harmful components.
9.3 Preglife AB is never obliged to provide Preglife to you.
9.4 In no event neither Preglife AB nor its officers, directors, employees, affiliates, agents, attorneys, representatives, will be liable to you or anyone else for any of your or anyone else’s decisions or actions taken based on the information presented in Preglife. You will hold such aforementioned person harmless for any such actions or decisions.
9.5 If you do not agree to these limitations of Preglife AB’s liability, please do not use Preglife. Preglife would not be provided to you without these limitations.
10 FORCE MAJEURE
10.1 Unless Preglife AB or you have acted with substantial negligence, Preglife AB and you respectively are never liable towards the other party for the breach of these Terms as a direct or indirect result of an event outside of our or your control, such as lightning, fire, power failures, accidents, strikes, work stoppages, other labour-related conflicts, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, new legislation, interruptions, loss or malfunction of utilities or communication services or actions of authorities and other similar events.
11 MODIFICATION OF THE TERMS
11.1 Preglife AB may change these Terms at any time. Preglife AB decides when such changes will enter into force. Changes that has been made to these Terms shall always be clearly communicated to you through Preglife.
11.2 You always have the right to terminate your User Account if you do not consent to such changes as described above. If you continue to use Preglife after changes in these Terms have entered into force, you will be bound by the changed Terms.
12.1 The headings in these Terms are for convenience of reference only and shall not limit or otherwise affect the meaning hereof.
13.1 The waiver by any party of any breach of any term, covenant, condition or agreement contained herein or any default in the performance of any obligation hereunder shall not be deemed to be a waiver of any breach of default of the same or of any other term, covenant, condition, agreement or obligation.
14.1 Neither these Terms nor any of the rights, interests or obligations hereunder may be assigned by you without the prior written of Preglife AB. Subject to the preceding sentence, these Terms will be binding upon your successors and assigns.
15 ENTIRE AGREEMENT
15.1 These Terms constitutes the entire agreement between Preglife AB and you relating to your use of Preglife and the subject addressed in these Terms. These Terms supersedes all prior, oral or written, communications, contract or agreements between you and us with respect to the subject matter addressed in these Terms.
16 PARTIAL INVALIDITY
16.1 If any provision contained in these Terms is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate these Terms as a whole, but these Terms shall be construed as though it did not contain the particular provision held to be invalid or unenforceable and the rights and obligations of the parties shall be construed and enforces only to such extent as shall be permitted by applicable law.
17 APPLICABLE LAW AND DISPUTES
17.1 These Terms shall be construed in accordance with and governed by the laws of Sweden unless otherwise stipulated by mandatory legislation. In other words these Terms will not limit any protection rights that you may be entitled to under the mandatory laws of your country of residence.
17.2 If a dispute arises between you and us, we will always try to solve the issue quickly without the involvement of a third party. You find the contact details of Preglife AB in section 7 above. Any dispute, controversy or claim arisning out of, or in connection with, your use of Preglife or these Terms and which cannot be settled easily by you and us, shall be settled by public Swedish courts, with Stockholm District Court (Swedish: Stockholms tingsrätt) as first in-stance, unless otherwise stated in mandatory laws of your country of residence.