2. THE SERVICEThe app should not be used as a substitute for medical or psychological help when required.
You may not, in whole or in part, copy or modify the App, decompile, modify, perform reverse engineering on the App or its components. It is not allowed to reproduce the source code or its functionality, nor to make copies of or create secondary works of the software, beyond what the legal position allows.
You may also not use the Service to distribute viruses, Trojans, and similar programs, or to automatically scan the Service ("scraping").
5. USER ACCOUNTSTo use the App you must create a user account with us (”User Account”) and log in to it.
When creating a User Account, we will ask you for some 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, please notify us immediately. We have the right, but not the obligation, to block access to your User Account if we have reason to believe that an unauthorized person has gained access to your Account or that the User Account is being abused.
7. USER GENERATED CONTENTWhen using the Service, we will automatically collect and process certain information.
You agree and warrant that you will not upload or share User Generated Material through the App that:
- against others is wrong, misleading, false or incorrect;
- promote or encourage illegal activity;
- is racially or ethnically abusive and / or constitutes agitation against a minority (such as a national or ethnic group);
- constitutes defamation, contains pornography or is otherwise sexually abusive;
- constitutes an attack on sexual orientation or religion or is otherwise discriminatory;
- constitutes an insult or persecution of a person;
- is in any way harmful, offensive, objectionable or illegal or infringing on the rights of third parties (including but not limited to copyright and trademarks), or
- otherwise contrary to our Service's intended purpose.
8. RIGHTS OF USER-GENERATED MATERIALOwnership of all User Generated Material that you upload in the Service belongs to you or the third party by whom you have been given authorization to upload the material. In order to provide the Service, we must have the right to use your User Generated Material and you therefore grant us a license as below for your User Generated Material. Without this license, we cannot deliver the Service.
You hereby grant us a worldwide, non-exclusive, irrevocable, royalty-free and transferable right to dispose of, process, modify, store, publish, distribute, transmit, encode, copy, present, display and otherwise use User Generated Material to provide service. The license only covers situations that are necessary to provide the Service and not for any other situation, and only for as long as we save User Generated Material.
You warrant that you have all the necessary rights to display and upload your User Generated Material, to use the User Generated Material in any other manner, and to grant us a license as set forth above.
9. PAYMENT AND PRICE INFORMATIONThere may be additional costs for e.g data transfer and messaging services. We are not responsible for these costs. Furthermore, you are responsible for procuring and updating the hardware or software needed to access the Service.
10. LIMITATION OF LIABILITYThe Service is provided in its current state and your use of the Service is solely your own responsibility and at your own risk. We do not make any warranties - direct, implied or otherwise - regarding the availability, quality, fitness for any particular purpose, suitability or accuracy of the Service in general. Under no circumstances should our total liability to you in connection with the Service for Damages, Losses and Proceedings exceed SEK 1,000.
You acknowledge that situations may arise where 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 third party claims directed against you. You further understand, accept and agree that we have no obligation to maintain, provide support for, upgrade or update the Service. To the extent permitted by mandatory legislation, we will not be liable to you or any third party for any direct, indirect or other damages of any kind, including, but not limited to, loss of profits, loss of revenue, reduced sales, interruptions or goodwill losses arising from because of or in connection with these Terms of Service or the Service.
In the event that any User Generated Material infringes any third party's intellectual property, you agree to immediately remove all infringing parts of the material or promptly notify us so that we may remove the material and hold us harmless for all damages, costs and expenses we incur as a result of such intrusion.
You have the right to cancel your User Account at any time and without prior notice. Furthermore, we reserve the right, at our sole discretion, to modify, cancel or temporarily or permanently discontinue our provision of the Service without prior notice thereof, or as required by law or governmental decision. You agree that we are not liable to you or any third party for such modification, interruption or termination.
15. WARRANTIES RELATING TO APPLE INC. AND GOOGLE INC.The parties to this agreement, we and the Users, hereby clarify the following in relation to Apple Inc. (”Apple Inc.”) and Google Inc. (”Google Inc.”)
- 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.
- 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. If we do not live up to the warranties that we have promised, the User has the opportunity to contact Apple or Google and be reimbursed for any expenses you have made to access the Service. Other than that, Apple or Google have no other obligations in relation to the App or the Service.
- We, and not Apple or Google, are responsible for any claims by Users or any third party in connection with the Service or Users' ownership and / or use of the App, including but not limited to: (i) product liability; (ii) requirements due to the App not complying with applicable law or regulatory requirements; and (iii) requirements arising under consumer protection or similar legislation. All claims or claims based directly or indirectly on the use of the Service which may be directed to us shall be directed solely to us. Apple or Google is in no way responsible for responding to these claims or claims if directed against Apple or Google.
- 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 or Google, and their Subsidiaries, to apply these Terms of service directly against you, regardless of our participation. In addition to the third-party rights given to Apple or Google, and their Subsidiaries these Terms of service will not give any third-party rights to any other natural or legal person.
This Agreement (“Agreement”) is entered into by;Brain Space AB
Registration number: 559062-4960
Address: Sveavägen 98 5 trappor c/o The Park
SE-113 50 Stockholm; and