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.
3. ALLOWED USE
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
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.
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.
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:
- false, misleading, untrue or incorrect with regard to others;
- promotes or encourages illegal activity;
- is racist or ethnically offensive and/or agitating against a minority (such as a national or ethnic group);
- constitutes defamation, contain pornography or is otherwise sexually offensive;
- constitutes an attack on sexual orientation or religion or is discriminatory in another way;
- constitutes an insult or persecution against a person;
- 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
- is otherwise contrary to the intended purposes of our 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.
11. LETTER OF INDEMNITY
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
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.
14. APPLICABLE LAW AND DISPUTES
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 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;
Company name: Hello Shim AB
Company registration number: 556841-9088
Address: Swedenborgsgatan 18
Postal code: 118 48 Stockholm
Telephone: +46702-75 65 37