Terms of Use

Terms of use for Enjo & www.getenjo.com


1. INTRODUCTION

These terms and conditions (“Terms of Use”) apply to the Service (“service” or “Enjo”) that we provide through our Enjo application (“app” or “Enjo app”) and our website www.getenjo.com (“website”). We are Hello Shim AB, company registration number 556841-9088, having our registered address at Swedenborgsgatan 18, 118 48 Stockholm, Sweden (hereinafter “we”, “our”, “us” or the “company”). By agreeing to the Terms of Use, you (“you”) enter into an agreement with us. In case you do not agree to these Terms of Use, we kindly ask you to not use the Service.

2. THE SERVICE

Enjo is a digital service that you interact with to do mindful reflections. Enjo helps you feel appreciated, supported, and more connected to your family.

Anyone using the Service or part thereof is described in these Terms of Service as “User”, which also includes you as a party to the Terms of Use. Persons under the age of 18 may not use the Service without parental consent.

3. ALLOWED USE

You may use the Service only for its intended purposes and in accordance with these Terms of Use. Provided that you do not violate these Terms of Use, you are granted a non-exclusive license to use the Service for its intended purpose. You may not transfer the license to anyone else and in view of the Service being free of charge, we reserve the right to withdraw the license if you violate the Terms of Use or otherwise at our sole discretion.

You may not, in whole or in part, copy or alter Enjo, decompile, modify or perform reverse engineering on Enjo or its components. It is not allowed to recreate the source code or its functionality, or to make copies of or create any copy of the software beyond what the law allows.
You may not use the Service to distribute viruses, trojans, and similar programs, or for automatic scraping of the Service.

4. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Service belong to us or are licensed to us. Nothing in these Terms of Use shall be construed as a transfer of any intellectual property, or other rights, to you or to anyone else.

5. USER ACCOUNTS

To use the Enjo App, you must create a user account (the “User Account”) and log in to it.

When you create a User Account, we will ask you to provide information about yourself.
Your User Account is personal and you may not transfer your User Account to anyone else or allow anyone else to use the Service through your User Account. You are responsible for protecting your login information from unauthorized access. If you have reason to believe that someone else has accessed your User Account, you must inform us immediately. We are entitled but not obliged to block access to your User Account if we have reasons to believe that an unauthorized person has accessed your account or that the User Account is abused. We may terminate your access to the Service with immediate effect if we have reasons to believe that you violate these Terms of Use or if your use constitutes a violation of any law or has any harmful effect on the Service.
We reserve the right to terminate your User Account if it has been inactive for a period of twelve (12) months.

6. TREATMENT OF PERSONAL DATA

Privacy is at the heart of everything we do and our goal is to be as honest and clear as possible to make it easier for you to understand how we use the personal data we collect.

Your integrity and privacy are extremely important to us. We promise that Enjo will never sell, transfer or otherwise allow any third party to access your personal information without your consent or beyond what is expressly stated in our Privacy Policy.
The personal data you share with us is necessary for the Service to work and be meaningful. We take your privacy and integrity very seriously and we will only look at Enjo data at aggregated level – and only for the purposes described in the Privacy Policy. Please read our Privacy Policy before using Enjo.

7. USER-GENERATED CONTENT

When you use Enjo, we will automatically collect and process certain information. You may for example upload content such as comments, messages, data, text, photos, and other information (“User-Generated Content”) in the Service.

You agree and warrant that you will not upload or spread User-Generated Content via the App that:

  1. false, misleading, untrue or incorrect with regard to others;
  2. promotes or encourages illegal activity;
  3. is racist or ethnically offensive and/or agitating against a minority (such as a national or ethnic group);
  4. constitutes defamation, contain pornography or is otherwise sexually offensive;
  5. constitutes an attack on sexual orientation or religion or is discriminatory in another way;
  6. constitutes an insult or persecution against a person;
  7. is in any way harmful, offensive, insulting or illegal or infringing upon the rights of third parties (including but not limited to copyright and trademarks); or
  8. is otherwise contrary to the intended purposes of our Service.

We reserve the right, in our sole discretion, to remove User-Generated Content that we deem to be inconsistent with these Terms of Use or that we otherwise consider unfair, unethical or illegal, or that may be harmful to us or to Users of the Service..

8. RIGHTS TO USER-GENERATED CONTENT

Ownership of all User-Generated Content that you upload into the Service belong to you or the third party that granted you permission to upload it. In order to deliver the Service, we must have the right to use your User-Generated Content, for example when Enjo is reminding you of a positive memory. You hereby grant us a license as set forth below to use your User-Generated Content. Without this license, we cannot deliver the Service.

The license grant us a worldwide, non-exclusive, irrevocable, free of charge and transferable right to dispose, process, modify, store, publish, distribute, transfer, recode, copy, present, display and otherwise use User-Generated Content to provide the Service. The license only covers situations required to provide the Service and not any other situation, and only for as long as we store User-Generated Content.
You warrant that you have all necessary rights to display and upload User-Generated Content, to use User-Generated Content in all other ways, and to grant us a license to User-Generated Content as set forth above.

9. PAYMENT AND PRICE INFORMATION

There may be additional costs, such as fees for data transfers and messaging services. We do not account for these costs. Furthermore, you are responsible for obtaining and updating the hardware or software needed to access the Service.

10. LIMITATION OF LIABILITY

The Service is provided “as is”. You are responsible for your use of the Service and your use is at your sole risk. We do not provide any warranties – direct, implied or otherwise – regarding the availability, quality, capability for any particular purpose, suitability or accuracy of the Service. Under no circumstances will we be liable to you for damages, loss, and claims arising out of or in connection with the Service for any amount exceeding €100 in total.

You confirm that there may be situations when the Service will not be available due to, but not limited to, maintenance, errors, or other circumstances beyond our control.
We are not liable to you for any claims directed against you from a third party. You further acknowledge and agree that we have no obligation to maintain, provide support for, upgrade or update the Service. To the extent permitted under mandatory legislation, we are not liable to you or any third party for any direct, indirect or other damages of any kind including but not limited to loss of profit, loss of income, reduced turnover, discontinuation or loss of goodwill arising out of or in connection with these Terms of Use or the Service.

11. LETTER OF INDEMNITY

You are liable towards us for all damage caused to us or third parties because of your breach of these Terms of Use, including but not limited to misuse of the Service. In addition, you undertake to indemnify us in relation to all claims, costs (including reasonable legal costs), damages, expenses, damages and losses inflicted on us in any way in relation to your breach of these Terms of Use or other applicable law.

In the event that any User-Generated Content infringes any third party’s intellectual property, you agree to immediately remove all infringing parts of the material or promptly inform us so that we may remove the material and indemnify us for all damages, costs and expenses incurred by us as a result of such infringement.

12. MODIFICATION OF TERMS AND THE SERVICE

We may make changes to these Terms of Use. If we make significant changes, we will notify you as appropriate under the circumstances, no later than thirty (30) days before a change enters into force. Such notification may be provided in the App (or in some cases, via e-mail).

You are entitled to terminate your User Account at any time and without notice.
Furthermore, we reserve the right, at our sole discretion, to modify, suspend or temporarily or permanently terminate our provision of the Service without prior notice, or if required by law or by governmental decision. You agree that we are not liable to you or any third party for such modification, interruption or termination.

13. TRANSFER

You may not assign or transfer any of your rights, obligations or licenses set out in these Terms of Use. We may assign or transfer these Terms of Use without your consent and without notifying you.

14. APPLICABLE LAW AND DISPUTES

These Terms of Use shall be governed by and interpreted in accordance with Swedish law, without the application of applicable conflict of law rules.

Disputes or claims arising out of or in conjunction with these Terms of Use, or in the case of crimes, termination or invalidity thereof, shall ultimately be settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise stated by mandatory laws.

15. REQUIREMENTS RELATING TO APPLE INC.

The parties to this agreement, we and the Users, hereby agree with Apple, Inc. (“Apple”):

  • That we and the Users are the only parties to this agreement;
  • That the User is granted a license to download, install and use the App in object code form on an iPhone, which the User owns or controls, in Sweden, and in accordance with the App Store Terms of Service;
  • That we are responsible for the Service and all content therein in accordance with these Terms of Use;
  • That Apple has no obligation whatsoever to provide any maintenance and support services with respect to the licensed App;
  • That we are solely responsible for all warranties given, whether express or implied, or based on legal requirements, or otherwise. No claims based on warranty or any other commitment may be made against anyone other than us. In case we do not comply with the warranties we have given, the User may contact Apple and be reimbursed for any expenses you have incurred to access the Service through Apple. Apple has no other obligations in relation to the App or Service otherwise;
  • That we and not Apple are responsible for any claims from Users or any third party in connection with the Service or Users’ possession and/or use of the App, including but not limited to: (i) product liability; (ii) claims arising from the fact that the App does not comply with applicable law or governmental requirements; and (iii) claims arising under consumer protection or similar legislation. Any claim or demands directly or indirectly based on the use of the Service that may be directed against us shall be directed against us only. Apple is not in any way responsible for responding to these claims or demands, if directed against Apple;
  • That we, and not Apple, are solely responsible for investigating, defending, settling or ensuring discharge in the event of third party claims that the Service or the use of the Service infringes the intellectual property rights of such third party;
  • That the User represents and warrants that he/she is not in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. as a “terrorist supporting” country and that he/she is not on any of the U.S. Government’s lists of prohibited or restricted parties;
  • That Apple, and Apple’s subsidiaries are third party beneficiaries of these Terms of Use and that upon the User’s acceptance of these Terms of Use, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms of Use against the User as a third party beneficiary thereof, regardless of our involvement. In addition to the third party rights granted to Apple and Apple’s subsidiaries as set forth above, these Terms of Use do not provide any other third party rights to any other natural or legal person.

Contact details

Company name: Hello Shim AB
Company registration number: 556841-9088
Address: Swedenborgsgatan 18
Postal code: 118 48 Stockholm
Country: Sweden
Telephone: +46702-75 65 37
Email: hoa@getenjo.com