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General Terms and Conditions
1.1 These general terms and conditions apply to BabyNaps AB’s (corporate reg. no. 559294–7401) (“BabyNaps”) provision of the service BabyNaps (“the Service”). The Service is provided via the mobile application BabyNaps (“the App”) which can be downloaded from the App Store and Google Play. These general terms and conditions apply to natural persons (“the User”, “You”, “Your”) who use the Service via the App and, in the applicable parts, to natural persons who use the BabyNaps website https://babynaps.com (“the Website”).
2. About the service and its purpose
2.1 BabyNaps provides a service through the App which is aimed at the parents of young children for the purpose of making it easier for parents to visualize and plan their child’s sleeping habits in a user-friendly way. The Service is also intended to give Users the opportunity to monitor their child’s sleep through a sleep schedule generated in the App, with the aim of improving the child’s sleep, judging whether the child is getting sufficient sleep, and providing information about why the child may not be sleeping as desired.
2.2 BabyNaps gives you the opportunity to share the sleep schedule that you have created in the App with other people, such as a babysitter, for example, who you decide needs access to your/your child or children’s sleep information. An invitation can be sent to the person you wish to share your User profile with, after which the person can gain easy access to your created sleep schedule by downloading the App and accepting the invitation. Only subscribed Users of the Service (see Section 4 below) have the opportunity to share created sleep schedules.
2.3 Another feature of the Service is to provide other information to Users on general questions that normally arise with new parents. This other information is available on the Website, in the App, or through the newsletter or other items issued to the User.
More information about the BabyNaps service may be found at https://babynaps.com/.
3. Conditions for access to the service
3.1 Using the Service in the App requires that you have an internet connection and that the Mobile Device used fulfills the technical specifications needed for installation of the App and use of the Service.
3.2 You gain access to the Service via the App by:
a) downloading the App to a cell phone or tablet (“Mobile Device”), and
3.3 Downloading, logging into, and using the App results in the automatic creation of a personal user profile (“User Profile”) based on information in your Apple ID or Google account.
4. Purchases, payment, and termination of the service
4.1 As a first-time user of the Service, you have the opportunity to try the Service out during a set trial period free of charge. The length trial period is shown in the App.
4.2 After the trial period, you can choose to take out a subscription for continued access to the Service (“Subscription”). The Subscription gives you access to the entire Service and you can choose to take out a Subscription for 1, 3 or 12 months. The price for the different periods (“Subscription Period”) is shown in the App.
4.2.1 If you choose Subscription for 1 month, you will be charged monthly in advance on the same calendar day as you have created your Subscription and until you terminate your Subscription. The Subscription is renewed automatically, 1 month at a time.
4.2.2 If you choose a Subscription for a 3 or 12-month period, you will be charged in advance for the whole Subscription period. At the end of the Subscription period, the Subscription will be renewed automatically for 3 or 12 months respectively, unless the automatic renewal of the subscription has already been canceled.
4.3 The Subscription is renewed automatically unless automatic renewal has been canceled at least 24 hours before the end date of the Subscription period in question.
4.4 If it is not possible to take payment for the Service on a specific calendar date, for example, because the payment date falls on a public holiday, payment will be taken on the next banking day.
4.5 The payment amount may vary depending on your choice of subscription and the price at the time of renewal (see Section 12 on changes in the Agreement and Service). Your Apple ID or Google account will be charged when the purchase has been confirmed.
4.6 You can, at any time during the Subscription Period, cancel the automatic renewal of the Subscription through your App Store or Google Play account. After canceling the subscription, you will still have access to the Service until the expiry of the Subscription Period you have paid for.
5. Right of withdrawal
You accept that you have no right of withdrawal for purchases of the Service in accordance with each country’s implementation of the European Parliament’s consumer rights directive 2019/2161. By entering into the Agreement, you expressly consent to gain immediate access to the Service via your User Profile. This means that you have no right of withdrawal since the Service is delivered immediately, in that you can immediately access the Service that is included in your subscription. You can always terminate the Service in accordance with section 4.6.
6. The user’s responsibility
6.1 You are solely responsible for the use of the Service and your User Profile. You are responsible for ensuring that the Service and your User Profile are used in accordance with the Agreement, other terms and conditions that apply to any part of the Website or App, and prevailing law at any given time. You are also responsible for the content of the information you make available through your use of the Service, in your User Profile, or which you otherwise publish in the App or Website. Responsibility according to the present Section 6 also covers other people’s use of your User Profile and the Service when sharing the User Profile in accordance with Section 7 below.
6.2 With the exception of that which is stated in Section 7 below, you may only use the Service for personal and private use and your User Profile may not be transferred, loaned, or leased to any other natural or legal person. This means that you are responsible for ensuring that nobody other than you has access to your BankID, password or other information that is needed in order to access your User Profile and the Service.
6.3 If you suspect that an unauthorized person has access to your User Profile or if you become aware of unauthorized access to the Service, you must inform us immediately.
7. Sharing the user profile
7.1 You are entitled to share your User Profile with a third party on the condition that this is done within the context of the purpose of providing the Service.
7.2 Sharing your User Profile or access to the Service for purposes that conflict with the purpose of providing the Service is not permitted. Unauthorized sharing of the User Profile may result in BabyNaps barring the User from using the Service and/or taking such other actions as are detailed in Section 8 below.
8. Unauthorized use of the service
8.1 In accordance with the above, you are only entitled to use the Service as a service over the Internet for personal and private use. You are not entitled to:
- attempt to gain unauthorized access to the Website, App, or server on which these are stored or any server, computer or database that is connected to any of them,
- provide or share the Service for use by a third party, with the exception of that which is stated in Section 7 above,
- circumvent, remove, modify, or otherwise influence the technology, software and/or security system that BabyNaps uses to protect the Service,
- misuse the Website or App by intentionally introducing viruses, trojan horses, computer worms, logic bombs, or other material that is intended to cause damage or which is otherwise technically damaging,
- disturb or restrict the use of the Service by a disproportionate number of calls to the servers through which the Service is provided,
- decompile or in some other way attempt to ascertain the Service’s source code and/or function, or
- use the Service for purposes other than those which are intended in accordance with this Agreement.
8.2 We reserve the right, at any time and without obligation to refund payments made for the Subscription, to remove information from the Website or App, to immediately bar the User from using the Service, or to take other action in the event of a violation of the above, as a consequence of the User acting in contravention of the Agreement or applicable law or if this is otherwise deemed to be necessary in order to protect BabyNaps’ interests.
8.3 In the event that the User is in breach of the Agreement or applicable law, the User is liable to compensate and indemnify BabyNaps in respect of all damage caused by the User.
8.4 If you are in breach of any of the above, you may have acted illegally and we will report any such violations to the relevant authorities.
9. BabyNaps’ responsibility and limitation of liability
9.1 BabyNaps is responsible for providing the Service in accordance with this Agreement, with the limitations that follow.
9.2 We strive continuously to make the Service fully available 24 hours a day, all year. However, we cannot guarantee that the availability of the Service will always be faultless and without interruption. From time to time, the Service may be partly or completely inaccessible, for example during the performance of essential back-ups, maintenance, improvements, security updates, or similar. We will inform you about planned interruptions as far as possible.
9.3 You understand and accept that BabyNaps’ liability for faults in or lack of access to the Service is limited. In any circumstances, BabyNaps’ total liability shall be limited to an amount that corresponds to what you have paid for the service in the last six months.
9.4 Articles, guides, and other information aimed at you and other users are published on the Website and in the App. Despite our efforts to ensure that the information is correct, usable, and based on proven methods, this cannot be guaranteed. Information, exercises, activities, methods, products, procedures, opinions, advice, or recommendations presented on the Website or in the App, regardless of their form of presentation, are only intended to be used for information purposes and are not intended to give any guaranteed result. We are not liable for the medical or scientific correctness of what is published on the Website or in the App. You must at all times regard published information that is referred to in this section as only the general dissemination of information. Regardless of whether the information is presented on the Website, in the App, or elsewhere, we advocate good judgment in all respects with regard to procedures in the parental care of children.
9.5 We may provide links to third-party websites, applications, or content. These third-party websites, applications, or this content and the parties that control them are outside our liability and control. We make no guarantees regarding the content, quality, appropriateness, functionality, or legality of third-party websites, applications, or content that we may provide links to.
10. Force majeure
10.1 Under no circumstances is BabyNaps liable for any failure or delay in the performance of its obligations if this is the result of circumstances which are outside of BabyNaps’ control and whose occurrence BabyNaps could not reasonably have foreseen when the Agreement was entered into (“Exempting Circumstances”). Exempting Circumstances shall, according to this Agreement, be understood to mean circumstances that, directly or indirectly, derive from or are caused by, but are not limited to, strikes, work interruptions, accidents, fire, flood, acts of war, or terrorism, civil or military disturbances or natural disasters, as well as interruptions, loss or functional faults in tools, communication or computer services (software and hardware).
10.2 BabyNaps will take reasonable action to resume performance in accordance with the Agreement as quickly as possible during the prevailing circumstances.
11. Intellectual property rights
11.1 The content of the Service, such as text, trademarks, graphics, logos, icons, images, and compilations of these, as well as all software that is used in the Service (“Intellectual Property Rights”), belong to BabyNaps, BabyNaps’ licensors or suppliers, with the exception of that which is stated in Section 11.5. Intellectual Property Rights are protected by applicable legislation, including but not limited to the Copyright Act and other laws that protect intellectual property rights and ownership rights to such rights. You undertake to comply with all such applicable legislation.
11.2 By entering into the Agreement, you receive a non-exclusive, non-transferable right, unless expressly stated in this Agreement and only for the duration of the Agreement, to use the Service over the Internet, provided that the agreed charges have been paid. No rights are sold to you and nothing in the Agreement involves a transfer of ownership rights from BabyNaps to you. You are only given access to the Service over the Internet and thus you do not have the right to perform your own installation of the Service (either yourself or through a third party) or in any other way dispose of copies or the underlying software of the Service. We retain the ownership rights to all copies of the underlying software of the Service, even after this has been installed on your Mobile Device. We are entitled to transfer this right or any part thereof to a third party.
11.3 Any software from a third party that is included in the Service is provided to you either in accordance with the Agreement or in accordance with that third party’s terms and conditions for such software. You undertake to observe and follow any such terms and conditions for the use of such third-party software when using the Service.
11.4 At any given time, registered or unregistered trademarks, names, and logos on the Website, in the Service and/or in the App are the property of the respective owners/licensors. Except in cases that are permitted by mandatory legislation, all reproduction, distribution, modification, rendering, or publication of any material that is protected by copyright or trademark legislation is prohibited without the prior written consent of the creator, trademark owner, or licensor in question.
12. Changes to the agreement, the service, or the price
12.1 Given that we may make changes to the Service and to other policies, it may be necessary to also change this Agreement in order to ensure it remains consistent with the Service and our policies. We will inform you at least thirty (30) days before any changes are made to this Agreement, so that you have the opportunity to act before any changes come into force. If, after being notified of the changes in the Agreement, you continue to use the Services, you will be bound by the updated terms and conditions for the use of the Service.
12.2 We endeavor at all times to improve the Service and therefore reserve the right at any time to develop and change the content, scope, and function of the Service, and this may mean that the Service is affected. For example, this may mean that functions that were originally included in your Subscription may be omitted. We have no obligation to provide refunds for any changes that occur during the current Subscription Period provided the change in the Service is not to your material disadvantage. You will be notified of changes that we deem are to your material disadvantage before they come into force in the manner stated in Section 13 below.
12.3 You understand and accept that, from time to time, we may release updated versions of the App and that we may perform automatic electronic updates of the version of the App that you use on your Mobile Device. You consent to all such automatic updates on your Mobile Device and accept that this Agreement also applies to such updates.
12.4 We reserve the right to change the price of future Subscription Periods with at least thirty (30) days’ notice. Price changes will be communicated to you via the App and/or via the contact details that are provided or collected through your use of the Service in accordance with Section 13 below. You approve price changes by renewing your Subscription after the price change has entered into force.
12.5 In the event that we terminate the Service, you will be repaid only for the period you have already paid for but during which you are unable to use the Service.
13. Messages and newsletters via e-mail
13.1 When you download and use the App, you may be sent confirmations, reminders, and other messages relating to the Service from us to your email address. Messages and newsletters in accordance with this section are made to the email address linked to your Apple ID or Google account. We can also use the email address to send other messages to you, such as changes to the Agreement, the Service and its content, information about sleep and parenthood, and offers from us and our partners.
13.2 By providing your email address via the website, you consent to our use of the email address to send you messages regarding the Service, including any such messages that are legally required. We can also use the email address given to send other messages to you, such as changes to the Agreement, the Service and its content, and offers.
13.3 If you do not wish to receive such email messages as are referred to in Sections 13.1 and 13.2, you can opt out of such mailings by clicking on the “unsubscribe” link which you will find at the bottom of our email. Opting not to receive email messages from us may mean that you are prevented from receiving email messages about updates, improvements, or offers in relation to the Service. You can amend your settings regarding whether or not you want to receive email messages from us at any time in the App.
14. Processing personal data
14.1 We respect your privacy and work actively to protect your personal data both on the Website and in the App, since we wish to process your personal data in a permitted and appropriate way. You can read more about what personal data we process in relation with your use of the Service, as well as what legal grounds we have for such processing.
14.2 Depending on what information you choose to register in the Service, we may process your/your child or children’s personal data (such as name, date of birth and picture). In the event that there are other parents or guardians, by entering into the Agreement you confirm that you have obtained their consent for our processing of the child’s personal data.
15. Transfer of the agreement
15.1 We have the right to transfer some or all of our rights and/or obligations under this Agreement.
15.2 You do not have the right to transfer any or all of your rights and/or obligations under this Agreement to any third party.
16. Questions and support
If you have any questions, issues, or complaints regarding the Service, please contact our support team via firstname.lastname@example.org.
17. Applicable law and disputes
17.1 Swedish law shall apply to this Agreement.
17.2 Disputes arising from this Agreement will be decided in the ordinary Swedish courts of law, with Gothenburg District Court as the court of first instance.
18.1 In the event that any section (or part thereof) of this Agreement is in contravention of law or if any provision (or part thereof) is considered to be invalid by a court with jurisdiction over the parties to the Agreement, such a provision (or part thereof) shall be interpreted in such a way that as closely as possible reflects the parties’ original intentions in accordance with applicable law, and the rest of this Agreement will remain in full force and effect.
18.2 If either party fails to enforce compliance by the other party with any provision of the Agreement, or if they fail to exercise any of their rights under the Agreement, such a failure shall not be interpreted to any extent as a waiver of that party’s rights.
18.3 This Agreement represents the entire agreement between the User and BabyNaps with respect to its subject and replaces all previous agreements that refer to this subject.
BabyNaps AB (corporate ID no. 559294–7401)
531 99 Lidköping
This policy was updated on June 22nd, 2023.
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