Terms and Conditions of use

TERMS OF USE. END-USER LICENSE AGREEMENT

Date of last revision: 24/05/2018

PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) AND OUR PRIVACY POLICY (AVAILABLE HERE: PRIVACY POLICY) CAREFULLY BEFORE USING ANY MOBILE APPLICATION OR SERVICE OFFERED BY Oblumi S.L. (HEREINAFTER REFERRED TO AS ‘OBLUMI’). THIS AGREEMENT SETS FORTH THE TERMS GOVERNING THE GRANTING TO YOU OF A LICENSE TO USE EACH OF THE APPLICATIONS OR SERVICES WE OFFER (INCLUDING PURCHASES WITHIN THE APPLICATIONS).

 

1. INTRODUCTION

  1. The OBLUMI mobile application or service that you have downloaded, as well as any online or electronic documentation (hereinafter and collectively, the “Application”) have been produced by OBLUMI, which is the owner. In this AGREEMENT, references to “we”, “us”, “our” and similar terms refer to OBLUMI. We are a company registered in Spain with Tax Identification Number B-90155789 and registered address at Avda. Santa Clara de Cuba, 4. Building 18, in Seville, Spain. You can contact us at the postal address of our offices, or by email at info@oblumi.com.
  1. THE TERMS AND CONDITIONS SET FORTH BELOW CONSTITUTE THE AGREEMENT ENTERED INTO BETWEEN YOU (OR “YOU”) AND OBLUMI (OR “US”) FOR THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF THE APPLICATION (AS WELL AS FOR ANY PURCHASE WITHIN THE APPLICATION) SO IT IS RECOMMENDED THAT YOU READ THEM CAREFULLY.
  1. BY DOWNLOADING AND USING THE APPLICATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND THE PRIVACY POLICY AND TO FORMALIZE THEM AS ONE OF YOUR PARTIES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT OR THE PRIVACY POLICY, YOU SHOULD REFRAIN FROM PURCHASING, DOWNLOADING AND USING THE APPLICATION. 

2. IMPORTANT TERMS

  1. ANY USE OF THE APPLICATION IS RESERVED SOLELY FOR USERS IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE APPLICATION CONTRARY TO THIS AGREEMENT IS EXPRESSLY PROHIBITED.
  1. THE CONTRACT DELIMITS OBLUMI’S LIABILITY AS DESCRIBED IN CLAUSE 17.
  1. IF YOU ARE UNDER 18, YOU MUST OBTAIN PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN TO DOWNLOAD, INSTALL AND USE THE APPLICATION.
  1. TO USE THE APPLICATION, YOU MUST HAVE AN APPLE iCLOUD OR GOOGLE ACCOUNT. YOUR ACCESS TO THE APPLICATION WILL BE LINKED TO YOUR ITUNES OR GOOGLE ACCOUNT, AND YOU MUST COMPLY WITH ALL APPLICABLE APPLE OR GOOGLE POLICIES FOR USING THE APPLICATION, INCLUDING THOSE RELATING TO PAYMENTS WITHIN THE APPLICATION, WHERE APPLICABLE. 
  2. PLEASE NOTE THAT THE USE OF THE APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE MEDICAL ADVICE OR DIAGNOSIS AND IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL CARE FOR YOU OR YOUR CHILDREN. IF YOU NEED MEDICAL ATTENTION OR ADVICE, ALWAYS CONTACT YOUR MEDICAL PRACTITIONER.

3. ABOUT THE APP

  1. The Application allows you to store and record body temperature readings as well as information about your baby. The Application also provides general wellness information that you may find useful. The Application is not intended as a substitute for advice received from your medical professionals.
  2. The Privacy Policy is an important document that governs our use of the personal and anonymous data we collect from your use of the Application. We use this information in accordance with our Privacy Policy, so we encourage you to take the time to read and understand this document.

4. DEVELOPER TERMS

iOS Users: The following terms in this Section 4 are the terms that Apple requires us to notify you and obtain your consent to use the Application:

  1. Recognition

The user and OBLUMI acknowledge that they are the sole parties to this AGREEMENT, not intervening as part of Apple Inc. or any subsidiary or affiliate of Apple Inc. (“Apple”). The user also acknowledges that OBLUMI is solely responsible for the Application and its content.

  1. Licensing Agreement

Subject to your compliance with all of the terms of this AGREEMENT, and in consideration of this AGREEMENT, we grant you a personal, non-exclusive, revocable, non-transferable license to use the Application and the Content for life on a device owned or controlled by you, and subject to the Usage Guidelines set forth in the terms of the mobile application in question and the Privacy Policy.

  1. Maintenance and support

OBLUMI is solely responsible for providing assistance and maintenance for the Application. Both parties acknowledge and agree that Apple has no obligation to provide maintenance and support services for the Application.

  1. Product claims

You acknowledge and agree that OBLUMI, and not Apple, is responsible for handling any claims it may have in connection with the Application or your possession or use of the Application, including, but not limited to: (i) product liability claims; (ii) claims that the Application does not comply with any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar laws.

  1. Intellectual Property Rights

You acknowledge and agree that, in the event that a third party files a claim that your possession or use of the Application infringes the intellectual property rights of such third party, OBLUMI – and not Apple – shall be solely responsible for the investigation, defense, resolution, and dismissal of such intellectual property infringement claim.

  1. Legal Compliance

You represent and warrant that (i) you are not in a country subject to a U.S. government embargo or that you have been designated by the U.S. government as a “country that supports terrorist activity” and that (ii) your name is not on any U.S. government restricted or prohibited list.

  1. Third party beneficiary

You acknowledge and agree that Apple and its affiliates are third party beneficiaries of this AGREEMENT and that, at the time you accept the terms and conditions of this AGREEMENT, Apple will have (and will be deemed to have) the right to enforce this AGREEMENT with you as a third party beneficiary of this AGREEMENT.

  1. Terms of contract with third parties

In the Application, we use third-party software and services provided by third parties such as Google, YouTube and Flurry Analytics. Therefore, your use of the Application is subject to your acceptance of and compliance with the terms of such third parties, and you agree to comply with the terms and conditions applicable to your use of the Application.

Android Users: By downloading the Google Play Application (https://play.google.com/store?hl=en_ES_ES), you acknowledge that you have reviewed and agree to the Google Play Terms of Service (https://play.google.com/intl/es_en/about/play-terms.html) and the Google Play Terms of Business (https://store.google.com/intl/es_en/about/device-terms.html). By downloading the Application from another online store of software applications compatible with Android devices, you acknowledge that you have reviewed and agree to the Terms of Service applicable to that store.

5. YOUR USE OF THE APP

  1. By downloading, installing or using the App, the user confirms that is either over 18 years of age, or if she/he is not, confirms that is 13 years of age and older and that have obtained her/his parent or guardian’s consent to download, install and use the App.
  1. The user understands that the Application is not intended to provide medical advice, diagnosis or treatment. If you think you may be in an emergency medical situation, call your doctor or an emergency medical professional right away. In no event should you rule out or delay obtaining professional medical advice for any information you have read through the Application. You should always seek the advice of qualified healthcare professionals if you have any questions or concerns about potential health problems. OBLUMI does not recommend or endorse any test, health care provider, physician, product, treatment, therapy, pharmaceutical, device, procedure, opinion or any other specific information that may be mentioned in the Application.
  1. The user acknowledges and accepts that OBLUMI has no control over the use made by users of the Application and that, therefore, it has no control over the quality of the information published on the service. Therefore, OBLUMI makes no representation or warranty as to the accuracy or reliability of any content available through the Application and the Service generally.
  1. For the backup of content created in the Application, we use Amazon Web Services, or “AWS” (see https://aws.amazon.com/). Use of AWS is subject to their respective terms and conditions in effect at any given time, including the terms available at https://aws.amazon.com/service-terms/. The user consents to the data being backed up to AWS.
  1. Depending on the privacy settings you make in the Application, we may send automatic notifications (“push” notifications) to your device when the Application is installed on your device, even if the Application is not running in the foreground or background.

6. OWNERSHIP OF THE APPLICATION AND CONTENT

  1. All intellectual property contained in the Application is the property of OBLUMI or its licensors.
  1. All intellectual property rights in the Application and the content of the Application, including all music samples, text, IA, software, scripts, code, designs, graphics, photographs, sounds, music, videos, applications, interactive features and other content (“Content”) are owned by OBLUMI or its licensors. All rights reserved.
  2. The Application or any Content is not sold to the user, but is granted a personal, restricted, revocable license to use it for its own private, non-commercial entertainment in accordance with the terms described in clause 4.2.

7. LINKS TO THIRD PARTY WEBSITES AND SERVICES

  1. Wherever in the Application we provide links to other websites or applications, such links are provided for informational and courtesy purposes only. We are not responsible for the content or results of the website or application to which the link is redirected, and the user is responsible for reviewing the terms of use of the website or application in question.
  2. The Application may offer you a number of features to share your Data (as defined in clause 8) with third party services such as Google+, Twitter or Facebook. It is your responsibility to ensure that you comply with the terms and conditions of such third party platforms when sharing your data. You should consider the type of Data you wish to share as, given the nature of the Internet, it is not always possible to permanently remove images or other information that is shared.

8. UPLOADING DATA

  1. When the Application permits the uploading of text, images, data or other information (hereinafter and collectively, the “Data”), the user acknowledges and agrees that OBLUMI may copy, store, adapt, modify and use the Data for the purpose of providing the Application and the Data to the user.
  2. We will not make the Data uploaded by you available to other users of the Application unless you expressly choose to share your Data with other users, such as your friends or family.
  3. We will use your Data in accordance with our Privacy Policy, as set out in clause 3.2 and in this AGREEMENT.
  4. You agree that your Data will not infringe the intellectual property rights or privacy rights of any third party, and will not be defamatory to any person. You agree to compensate OBLUMI for any loss we may suffer in connection with any claim or demand arising out of your breach of such an undertaking.
  5. You agree to refrain from using the Application to post abusive or offensive material or any other material that we deem to be inadmissible or commercially oriented.
  6. Once you delete your account, your Data will remain on our servers, as part of our backup system, for a limited period of time.

9. OTHER CONTENT AND UPDATES

OBLUMI may make available to you, from within the Application, other content and updates that you may download, install and use in the Application (“Additional Content”). We grant you a personal, non-exclusive, revocable, non-transferable license to use the Additional Content you purchase on the Application.

10. COOKIES

  1. The use of cookies and similar tools is detailed in our Privacy Policy, in Apple’s Privacy Policy (available at www.apple.com/es/privacy), in Google’s Privacy Policy (available at https://www.google.com/intl/es/policies/privacy/), and in the terms of service or policies of those third party advertisers or service providers mentioned in our Privacy Policy.
  2. You can delete cookies and other similar tools from your device by deleting the Application.

11. SYSTEM REQUIREMENTS

  1. The application was developed to work with the latest version of the iOS and Android operating systems at the time of publication. Apple or Google may, from time to time, update the iOS or Android software (as applicable), in which case we will attempt (but are under no obligation to) update the Application, if necessary, to ensure that its functionality and performance is maintained with any updated version of iOS or Android. It is the user’s obligation to ensure that he/she is using the most recent public version of the iOS or Android software.
  2. iOS users: You may grant us access to the Apple Health application installed on your device, including the Apple Health database included with the application, for the purpose of improving or verifying the data processed in our Application. Our Privacy Policy defines in detail the personal data accessed by the Application and how it is processed by the Application. You can disable access permissions in your Health application at any time.

12. ADVERTISEMENTS

  1. Please note that, where banner ads are displayed within the Application, OBLUMI is not responsible for ad selection, as all advertising content is managed by Apple, Google, or other ad providers.
  2. As with advertising displayed on applications and websites, ads may place cookies or similar tools on your iOS or Android device. OBLUMI has no control over this process; however, please note that the use of cookies and similar tools is detailed in our Privacy Policy, Google’s Privacy Policy (available at http://www.google.com/intl/es/policies/privacy/), Apple’s Privacy Policy (available at www.apple.com/es/privacy), and Facebook’s Privacy Policy (available at https://www.facebook.com/about/privacy/).
  3. You can delete cookies and other similar tools from your device by deleting the Application. iOS users can also unsubscribe from personalized ads by accessing https://support.apple.com/es-es/HT202074 from their iOS device.

13. INDEMNITIES AND COMPENSATIONS

  1. User agrees to indemnify (compensate), defend and hold OBLUMI harmless from and against any and all claims or demands, damages, expenses, costs and liabilities (including reasonable attorneys’ fees) relating to or arising out of User’s use of the Application, or arising out of any alleged or actual breach of this AGREEMENT or any violation of law or the rights of any third party by User.

14. DURATION AND TERMINATION

  1. This AGREEMENT shall be effective upon downloading, installing or using the Application and shall remain in effect until terminated by either party. You may terminate this AGREEMENT at any time by removing the Application from the device on which you installed it. In addition, this AGREEMENT will terminate immediately if the user breaches any of its terms or conditions. Upon termination of the AGREEMENT, the user shall cease using the Application and delete all copies of the Application.
  2. We reserve the right to modify, suspend or discontinue the Application and its related services at any time, with or without notice. OBLUMI denies any responsibility to the user for such modification or interruption.
  3. After termination of the AGREEMENT, the following clauses shall remain in force: Clause 6 (Ownership), Clause 13 (Indemnification and Compensation), Clause 14 (Duration and Termination), Clause 16 (General Provisions), Clause 17 (Limitation of Liability), Clause 19 (Severability) and Clause 20 (Jurisdiction).

15. SUPPORT AND CONTACT

  1. The Application is provided “as is”. However, if you do not need any help or assistance, please do not hesitate to email us at info@oblumi.com and we will do our best to help you.

16. GENERAL PROVISIONS

  1. This AGREEMENT constitutes the entire agreement between you (the user) and us (OBLUMI), and may only be modified or waived in writing by us. Our waiver of any action resulting from your breach of any provision of this AGREEMENT shall in no event be deemed a waiver of the same right with respect to any prior or subsequent breach by you. In the event that any provision of this AGREEMENT is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  2. This CONTRACT is of a personal nature. You are prohibited from assigning, sub-licensing, transferring or disposing of any rights licensed under this Agreement.
  3. You may only use the Application for your own personal, private, non-commercial use. You are prohibited from reproducing, distributing, publicly displaying or performing, translating, modifying, adapting, creating derivative works from, decomposing, reverse engineering, decompiling or disassembling the Application or any part thereof, including, but not limited to, any character, graphic, related software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom, except to the extent that such rights may not be excluded by law.
  4. The user agrees not to access or attempt to access the accounts of other users, as well as not to interfere or attempt to interfere with the security measures of the Application, or transfer files containing viruses, Trojan horses or other harmful programs.

17. LIMITATION OF OUR LIABILITY

  1. THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION, CERTIFICATION OR WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, COMPATIBILITY, SECURITY OR ACCURACY.
  2. OBLUMI DOES NOT WARRANT THAT THE APPLICATION (I) IS FREE FROM ERRORS, VIRUSES, BUGS, PROGRAMMING ERRORS OR OTHER DEFECTS; (II) THE APPLICATION OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APPLICATION OR IN THE DOCUMENTATION IS ACCURATE OR COMPLETE; OR (III) ANY DEFECTS IN THE APPLICATION WILL BE CORRECTED.
  3. YOU AGREE THAT ANY USE OF SUCH INFORMATION IS AT YOUR OWN RISK.
  4. DRUG DOSAGE REFERENCES ARE PROVIDED AS PART OF THE SERVICES OFFERED BY OBLUMI. ALTHOUGH THESE REFERENCES ARE BASED ON THE LEAFLETS PUBLISHED BY THE SPANISH MEDICINES AND MEDICAL DEVICES AGENCY () IN SPAIN AND ON THE LEAFLETS PROVIDED BY THE CORRESPONDING AGENCIES IN EACH COUNTRY, THEY SHOULD NEVER BE TAKEN AS EXCLUSIVE REFERENCES. THE TAKING OF ANY MEDICATION MUST ALWAYS BE DONE UNDER MEDICAL PRESCRIPTION, AND ALWAYS AFTER READING THE LEAFLET. IF IN DOUBT, CONSULT YOUR DOCTOR. IN ANY EVENT, OBLUMI SHALL NOT BE LIABLE FOR ANY CONSEQUENCES, DIRECT OR INDIRECT DAMAGE CAUSED BY THE TAKING OF MEDICATION.
  5. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FOR PERSONAL INJURY OR DEATH RESULTING FROM THE NEGLIGENCE OF US OR OUR EMPLOYEES OR AGENTS.
  6. TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, ALL OTHER LIABILITY FOR LOSS OR DAMAGE, INCLUDING LIABILITY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM, IS EXCLUDED.
  7. NOTHING CONTAINED IN THIS CONTRACT SHALL LIMIT YOUR LEGAL RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED BY LAW.
  8. WHERE SUCH EXCLUSION IS NOT POSSIBLE, AND WHERE PERMITTED BY LAW, OBLUMI’S LIABILITY SHALL BE LIMITED TO THE PURCHASE PRICE OF THE APPLICATION.
  9. IN THE EVENT THAT APPLE OR GOOGLE REIMBURSE YOU IN ACCORDANCE WITH THE TERMS OF SALE OF THE APP STORE IN QUESTION, NEITHER GOOGLE, APPLE NOR WE SHALL HAVE ANY OTHER WARRANTY OBLIGATIONS IN CONNECTION WITH THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO THE BREACH OF WARRANTY SET FORTH ABOVE. AS A CONDITION OF REIMBURSEMENT, YOU MUST REMOVE THE APPLICATION.

18. CHANGES TO THE AGREEMENT

  1. OBLUMI may make changes to this AGREEMENT for legal, regulatory or security reasons, as well as to ensure compliance with any changes required by Google or Apple, or for any reason we choose. We will notify you of any changes, and you must agree to them in order to continue using the Application.

19. MANIPULATED DEVICES

  1. This Application is not intended for use on devices whose operating system no longer conforms to the default standard (manipulated devices or jailbreak). User agrees not to attempt to install or use the Application on manipulated devices. Any attempt to install or use the Application on a manipulated device will constitute a breach of this AGREEMENT and may result in the termination of the account, without refund, at our sole discretion. OBLUMI will not be responsible for any possible damages that may result from the use of manipulated devices.

20. DIVISIBILIDAD

  1. In the event a court or regulatory body determines that any provision of this AGREEMENT is invalid or unenforceable, the remaining provisions shall remain in full force and effect.

21. APPLICABLE LAW AND JURISDICTION

  1. Subject to local consumer protection laws, and in the event of any dispute between the user and OBLUMI regarding the CONTRACT and your use of the Application, Spanish law shall apply. The choice of such legislation shall in no way affect your rights under consumer protection legislation in your country of residence. The parties hereby agree that these Terms are not subject to the United Nations Convention on Contracts for the International Sale of Goods.

In the event of disagreement, and for the resolution of any disputes, the parties agree to submit, waiving any other jurisdiction to which they may be entitled, to the courts and tribunals of the city of Seville, Spain.