Anniversaries - Terms & Conditions
Those terms were last updated on May 4 2024
Please read these Terms and Conditions ("Terms", "Terms and
Conditions") carefully before using the Anniversaries mobile
application (the "Service") operated by Klein (Innowarmth) ("us",
"we", or "our"). By accessing or using the Service you agree to be
bound by these Terms. If you disagree with any part of the terms then
you do not have permission to access the Service.
1. Accounts
When you create an account with us, you must provide us information that
is accurate, complete, and current at all times. Failure to do so
constitutes a breach of the Terms, which may result in immediate
termination of your account on our Service.
1.1 Anonymous Accounts
You can decide to use our mobile application with anonymous accounts.
When you use our application without creating an account, your data will
still be synced to Firebase using an anonymous identifier. This allows
us to provide you with a seamless experience while maintaining your
privacy. Please note that while your data is associated with an
anonymous identifier, it is still subject to the terms outlined in this
privacy policy.
Pictures are not stored at this time
2. User Content
You are responsible for the Content that you post to the Service,
including its legality, reliability, and appropriateness. By posting
Content to the Service, you grant us the right and license to use,
modify, publicly perform, publicly display, reproduce, and distribute
such Content on and through the Service. You retain any and all of your
rights to any Content you submit, post or display on or through the
Service and you are responsible for protecting those rights.
Photographs of Children:
You must have explicit permission from the legal guardians of any
children whose photographs are uploaded to the Service. Photographs must
not contain inappropriate content and should respect the privacy and
dignity of the child. We have the right to remove any photograph that we
consider inappropriate or in violation of these Terms.
3. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with
these Terms. You agree not to use the Service: In any way that violates
any applicable national or international law or regulation. For the
purpose of exploiting, harming, or attempting to exploit or harm minors
in any way by exposing them to inappropriate content or otherwise. To
transmit, or procure the sending of, any advertising or promotional
material without our prior written consent.
4. Termination
We may terminate or suspend your account immediately, without prior
notice or liability, for any reason whatsoever, including without
limitation if you breach the Terms.
5. Indemnification
You agree to defend, indemnify, and hold harmless KLEIN (Innowarmth) and
its licensee and licensors, and their employees, contractors, agents,
officers, and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees), resulting from or arising out of a)
your use and access of the Service, by you or any person using your
account and password, or b) a breach of these Terms.
6. Limitation Of Liability
In no event shall KLEIN (Innowarmth), nor its directors, employees,
partners, agents, suppliers, or affiliates, be liable for any indirect,
incidental, special, consequential or punitive damages, including
without limitation, loss of profits, data, use, goodwill, or other
intangible losses, resulting from (i) your access to or use of or
inability to access or use the Service; (ii) any conduct or content of
any third party on the Service; (iii) any content obtained from the
Service; and (iv) unauthorized access, use or alteration of your
transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have
been informed of the possibility of such damage, and even if a remedy
set forth herein is found to have failed of its essential purpose.
7. Governing Law
These Terms shall be governed and construed in accordance with the laws
of France, without regard to its conflict of law provisions.
8. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT
YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION
ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET
ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR
SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT
APPLY TO YOU.
9. LIMITATION OF LIABILITY
In no event shall Klein (Innowarmth) be liable for any indirect,
incidental, consequential, special, or exemplary damages, or for any
damages for loss of profits, use, data, goodwill, or other intangibles,
even if Klein (Innowarmth) has been advised of the possibility of such
damages, resulting from (i) your use or inability to use the Service,
(ii) unauthorized access to or alteration of your transmissions or data,
or (iii) any other matter relating to the Services.
9. Contact Us
If you have any questions about these Terms, please contact us at
innowarmth@gmail.com.
10. AMENDMENT
Klein (Innowarmth) reserves the right, at its sole discretion, to modify
or replace any part of this Agreement. It is your responsibility to
check this Agreement periodically for changes. Your continued use of or
access to the Application following the posting of any changes to this
Agreement constitutes acceptance of those changes. Klein (Innowarmth)
may also, in the future, offer new services and/or features through the
Application (including, the release of new tools and resources). Such
new features and/or services shall be subject to the terms and
conditions of this Agreement. At some point, we may wish to update the
app. The app is currently available on Android & iOS – the requirements
for the both systems(and for any additional systems we decide to extend
the availability of the app to) may change, and you’ll need to download
the updates if you want to keep using the app. Klein (Innowarmth) does
not promise that it will always update the app so that it is relevant to
you and/or works with the Android & iOS version that you have installed
on your device. However, you promise to always accept updates to the
application when offered to you, We may also wish to stop providing the
app, and may terminate use of it at any time without giving notice of
termination to you. Unless we tell you otherwise, upon any termination,
(a) the rights and licenses granted to you in these terms will end; (b)
you must stop using the app, and (if needed) delete it from your device.
If you’re using the app outside of an area with Wi-Fi, you should
remember that the terms of the agreement with your mobile network
provider will still apply. As a result, you may be charged by your
mobile provider for the cost of data for the duration of the connection
while accessing the app, or other third-party charges. In using the app,
you’re accepting responsibility for any such charges, including roaming
data charges if you use the app outside of your home territory (i.e.
region or country) without turning off data roaming. If you are not the
bill payer for the device on which you’re using the app, please be aware
that we assume that you have received permission from the bill payer for
using the app.
10. Termination
We may terminate or suspend access to our Service immediately, without
prior notice or liability, for any reason whatsoever, including without
limitation if you breach these Terms or our Privacy Policy or any other
reason.
11. Changes
We may update our Terms from time to time to reflect changes to our data
handling practices or for other operational, legal, or regulatory
reasons. We will notify you of any significant changes by posting the
updated policy on this page. It is important that you review the new
policy carefully. Changes will be effective as soon as they are posted
on this page. Continuing to use our service after the changes have been
posted signifies your acceptance of the updated terms.
12. Contact
If you have any questions or suggestions about our Terms and Conditions,
do not hesitate to contact us at
innowarmth@gmail.com
BY USING Anniversaries, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS
AND AGREE TO BE BOUND BY THEM.