Terms and Conditions
Terms and Conditions
Last Modified: june 18, 2018
These Terms and Conditions (hereinafter referred to as "Agreement", “Terms and Conditions” or “Terms”) are a legally binding agreement between you either an individual, group or entity (the “User”, “You”, or “Your”) and MediBee ApS (“Company”, “We”, “Us”, or “Our”) owner and operator of www.medibee.com (“Website” or “Site”) and the Rebound mobile application (“App”).
The Website, Site and App hereinafter collectively referred to as “MediBee” or “App” is made available to you in accordance with the laws of the Denmark.
THE COMPANY IS UNABLE TO PROVIDE YOU THE APP WITHOUT CERTAIN LIMITATION OF ITS LIABILITY AND DISCLAIMERS AS OUTLINED IN THIS AGREEMENT. THESE PROVISIONS FORM AN INTEGRAL PART OF THIS AGREEMENT AND IF YOU DO NOT AGREE WITH THESE LIMITATION OF COMPANY’S LIABILITIES AND DISCLAIMERS, PLEASE DO NOT USE THE APP.
“Users” - refers to all registered Users of the App and includes both healthcare professionals and patients who use the App in collaboration. Please note that any reference to Users, You or Your refers to Users as defined here.
“Service” - refers to all app features and functionality offered by the Company as defined in more detail in article 3 below.
The App is not designed for Users who are under the age of eighteen (18) years. By accessing / using the App, you represent and warrant to the Company that you have the requisite capacity to enter into this Agreement and you agree to use the App in a manner consistent with any and all applicable laws and regulations.
IF YOU ARE UNDER THE AGE OF THIRTEEN (13) YEARS, YOU MAY NOT DOWNLOAD THE APP OR ACCESS THIS SITE AND YOU ARE EXPRESSLY FORBIDDEN FROM PROVIDING ANY PERSONAL INFORMATION TO US. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM ANYONE UNDER THE AGE OF THIRTEEN YEARS.
Where you enter into this Agreement on behalf of another individual, you represent and warrant to the Company that you have the authority to act on behalf of that individual and to bind that individual to this Agreement.
- Disclaimer of Warranties and Liabilities
ALL INFORMATION AVAILABLE ON MEDIBEE IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO REPLACE MEDICAL ADVICE OR TREATMENT PROVIDED BY A LICENSED HEALTHCARE PROVIDER. YOU SHOULD ALWAYS CONSULT WITH YOUR HEALTHCARE PROVIDER BEFORE STARTING ANY NEW STEP DOWN PROGRAM INTENDED TO REDUCE YOUR MEDICINE INTAKE.
WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY FOR ANY OMISSION/ACTION YOU TAKE BASED ON THE CONTENT OF ANY STEP DOWN PLAN AND/OR ANY OTHER INFORMATION AVAILABLE ON THE APP, INCLUDING BUT NOT LIMITED TO, MEDICAL INFORMATION, DOSAGE REMINDERS OR RECOMMENDATIONS.
PLEASE NOTE THAT THE APP IS DESIGNED AS A TOOL TO ASSIST USERS (HEALTHCARE PROFESSIONALS AND PATIENTS) WHO WISH TO COLLABORATE ON CREATING AND MONITORING A STEP DOWN PROGRAM. THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES AS TO ANY SPECIFIC RESULTS THAT MAY BE ACHIEVED THROUGH THE USE OF THE APP. YOU ARE HEREBY ADVISED TO USE THE APP IN COLLABORATION WITH YOUR HEALTHCARE PROVIDER WHO IS FAMILIAR WITH YOUR UNIQUE MEDICAL CONDITION AND ABLE TO MONITOR YOUR MEDICAL NEEDS, HEALTH AND WELL BEING DURING THE COURSE OF THE STEP DOWN PROGRAM.
ALL APP FEATURES, FUNCTIONALITY, INFORMATION AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, TITLE, NON-INFRINGEMENT. YOU ACCEPT THAT YOUR USE OF REBOUND IS SOLELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE NEITHER REPRESENT NOR WARRANT THAT THE APP/SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU.
THE COMPANY, IT’S DIRECTORS, FOUNDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS DO NOT WARRANT THAT THE APP AND SERVICE:
- WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
- ANY DEFECTS OR ERRORS WILL BE CORRECTED;
- THE SOFTWARE OR SERVICE AVAILABLE IS FREE OF ANY HARMFUL COMPONENTS;
- THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS
THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT AND DATA ON OR AVAILABLE THROUGH THE MEDIBEE. THE COMPANY WILL NOT ASSUME ANY RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY FOR ANY DECISIONS YOU (INCLUDING HEALTHCARE PROVIDERS) MAKE BASED ON ANY INFORMATION STORED OR RECEIVED THROUGH THE APP.
YOU ACCEPT THAT THE COMPANY HAS NO CONTROL OR OBLIGATION TO TAKE ANY ACTION FOR THE CONSEQUENCES OF A STEP DOWN PLAN, INCLUDING BUT NOT LIMITED TO: THE EFFECTS THAT A STEP DOWN PROGRAM HAS ON YOU; OR, HOW YOU USE THE STEP DOWN PROGRAM OR THE APP. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR ANYONE ELSE IN CONNECTION WITH THE APP.
ANY STEP DOWN PLAN PROPOSED BY YOUR HEALTHCARE PROVIDER OR ANY OTHER USER OF THE APP SHOULD NOT BE DEEMED AS AN ENDORSEMENT BY THE COMPANY OF SUCH STEP DOWN PLAN AND IT’S SUITABILITY FOR YOU. WE ARE UNABLE TO OFFER ANY WARRANTIES FOR ANY SPECIFIC OUTCOMES OF FOLLOWING A STEP DOWN PROGRAM FOR ANY USER. IT IS SOLELY YOUR RESPONSIBILITY TO REVIEW THE ACCURACY OF ANY CONTENT OR INFORMATION YOU RECEIVE THROUGH THE APP BEFORE YOU TAKE ANY ACTION.
PLEASE NOTE THAT THE APPLICATION IS NOT INTENDED TO BE USED BY HEALTHCARE PROFESSIONAL AS A TOOL FOR STORAGE OF PATIENT DATA. HEALTHCARE PROFESSIONALS ARE ADVISED TO BACKUP ALL PATIENT DATA ON THEIR OWN SYSTEMS TO PREVENT LOSS OF PATIENT DATA IN CASE OF SYSTEM FAILURE OR TERMINATION OF APP SERVICE IN AN UNFORESEEABLE EVENT AS WELL AS FOR COMPLIANCE WITH APPLICABLE LAWS .
- MediBee Service
MediBee is a revolutionary app that is designed to help Users regulate their medicine intake.
With MediBee, Users can create their own unique step-down programs to help them reduce/taper off specific medication. Users are in full control their own step down program and downscaling medicine dosages. The App sends Users reminders of when they need to take their medicine. The App also enables Users to easily measure their experiences, symptoms and track their overall well-being during the entire course of their step down program. Users can collaborate with their Healthcare provider and share information throughout the course of the step down program.
MediBee is currently available on iOS App Store as well as on Google Play. Users can easily download the App on their device and register their account to start using the app features and functionality.
Please note - the app will uses a small amount of User’s personal internet data to operate. The Company will not be held liable for any data charges paid by users in operating the app on their personal mobile devices.
Unless explicitly stated otherwise, the responsibility of the Company is limited to facilitating the availability of the App functionality.
- Subscription Services in 2018
Please note that the Company is undergoing development meaning that subscriptions, payment fees and free trial periods are not applied in 2018, as this year constitutes a test period. The Company reserves the right to change these conditions regarding trial periods, subscription periods and subscription fees at any time and at our sole discretion. Any changes regarding your membership and our subscription services will become effective from the date of implementation. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this Agreement.
- Account Setup and Safety
In the event of any material change in your personal details, please edit your profile by accessing your account settings on the App.
Please note that we reserve the right to refuse registration of any User account in our sole discretion without any requirement to provide reasons for our decisions.
Your account is access controlled and as with all access controlled apps, the system relies upon the User to protect their login credentials. You will be solely responsible for any activity under your account regardless of whether you authorized such use or not. You also agree that you will never use another User's account for any purposes whatsoever or allow another person to use your account.
You release us from any liability arising from or related to any unauthorized access to your MediBee account through your mobile device. If you become aware of any suspicious activity on your account or security breach, you must immediately notify us at firstname.lastname@example.org. You hereby release us from any liability, claim or action arising out of or associated with any loss of data, claim or damage arising out of such security breach. You understand that your decision to use the App is entirely at your own risk.
The Company reserves the right to introduce any new in-app paid features and functionalities without giving any notice to you. All in-app purchases will be processed through the App Store from which you downloaded the App on your mobile device.
We may access any information that you have provided us, for support, maintenance, security or business purposes that we in our sole discretion deem fit. We reserve the right to immediately suspend or terminate your access to the App if we discover that you have provided inaccurate, fraudulent or incomplete information to us during your account registration process or upon violation of any terms of this Agreement.
- Account cancellation
You can unsubscribe from the App in accordance with article 5 of this Agreement and you will no longer be billed for any paid functionality of the App. Alternatively, you can also cancel your account by sending us an email at email@example.com with the word “Cancellation” in the subject line. If you are only using the basic app you can cease using our services and simply uninstalling the App from your mobile device by following the instructions to uninstall mobile applications from your device without incurring any liability.
Please take note that once your account is terminated you will no longer be able to log into the App using your login credentials and/or access any content stored under your account including your step down program. Please note that although a direct consequence of your account termination is that you can no longer login to your account and access your data, the Company reserves the right to retain any User data for a period of up to three years to fulfil any business and legal obligations.
The Company reserves the right to cancel or suspend your access to the App without incurring any liability if we find that:
- You have violated any provisions of this Agreement;
- Your conduct is harmful to the Company or any of its Users; or
- We cease our business operations for any reason.
If you have been banned from using the App or your account has been restricted or terminated by the Company, you understand that you are strictly forbidden from:
- Creating a new account with different sign-up information;
- Try to acquire access to another User’s account;
- Try to gain access to the app through any other unauthorized mechanism
Please take note that all your User data stored on your MediBee account will be automatically removed upon cancellation of your account and it is solely your responsibility to ensure that you backup any and all data that you wish to access at a later stage.
- User data disclaimer
THE COMPANY CANNOT GUARANTEE THE AUTHENTICITY, ACCURACY OR COMPLETENESS OF ANY CONTENT, INFORMATION OR DATA OF ANY NATURE WHATSOEVER, WHICH A USER MAY PROVIDE THROUGH THE APP. YOU ACCEPT AND AGREE THAT YOU WILL NOT HOLD THE COMPANY LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF / RELATED TO YOUR USE OF / RELIANCE UPON ANY USER DATA. YOU HEREBY ACCEPT THAT YOU USE THE REBOUND AND ACCESS ANY CONTENT PROVIDED THEREIN AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY LOSS THAT MAY ARISE AS A RESULT THEREFROM.
YOU UNDERSTAND THAT ALL INFORMATION STORED, SHARED / TRANSMITTED THROUGH ANY USER ACCOUNT IS THE SOLE RESPONSIBILITY OF THE ACCOUNT HOLDER FROM WHOM SUCH CONTENT ORIGINATED. THE COMPANY WILL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, INFORMATION OR ANY OTHER USER DATA. PLEASE NOTE THAT THE COMPANY CANNOT GUARANTEE THE IDENTITY OF ANY OTHER USERS WITH WHOM YOU MAY INTERACT IN THE COURSE OF USING REBOUND.
- Confidential Information
Except for the basic personal account information and information that forms part of your stepdown program, including but not limited to your medication, symptoms tracking and well-being graph in your private App account, we will not request you to provide us with any personal or confidential information. We store information on servers which are owned and maintained by or on behalf of the MediBee Community organization in accordance with our data processing agreement.
Confidential Information will not include any information which:
- is or becomes generally known to the public by any means other than a breach of the obligations of the Company;
- was previously known to the Company or rightly received by the Company from a third party;
- is independently developed by the Company; or
- is subject to disclosure under court order or other lawful process.
We appreciate our Users and love to hear their views. If you would like to share your feedback, comments and suggestions with us, please join our Feedback Group on Facebook or submit your feedback to the email address given below. By submitting such information you represent and warrant to the Company that you have full rights to submit such information and that you are not violating any intellectual property rights of another individual or entity. When you send us your ideas, suggestion, comments or feedback, you are agreeing to grant all legal rights to the Company, to use, disclose and/or otherwise exploit your submission, in whole or in part, without any restriction or compensation to you. You understand that you will be waiving all claims now and in future to any monetary compensation against the Company.
Join Feedback Group
link to group: MediBee Feedback Group
- User Conduct and Obligations
You understand and agree that:
- You will not use the Rebound for conducting any unlawful or illegal activity;
- You will familiarize yourself with all applicable laws and regulations and take full responsibility of your own compliance with such laws;
- You will use the App in accordance with this Agreement;
- You will pay all amounts due and payable by you to the Company by the payment method selected by the Company;
- You will conduct yourself in a professional manner;
- Only Rebound app account holders are authorized for uploading and logging their relevant User data on the App and ensuring that all such information is accurate, correct and complete. The Company will not be held liable for any inaccurate, incorrect or incomplete information;
- You (if you a Healthcare Professional) will maintain complete backup records of all User data to prevent loss of data in case of system failure or termination of your access to the App or any other unforeseeable event;
- Users will take full responsibility for all actions taken under their own account;
- It is solely your responsibility to obtain all requisite authorization, consent and approval from all relevant parties before you enter into any agreement with the Company or use the Rebound Service on behalf of another person or entity;
- You represent and warrant to the Company that you have the legal right to upload any content that you upload/log using the App.
- You will fulfil any and all obligations towards other Users;
- You will immediately notify the Company of any change in any information or any issues that you encounter during your use of the App;
- In the event of any dispute, you agree to notify us immediately with detailed description of the dispute and make your best effort to assist us in expeditious resolution of dispute.
You understand and agree that you will not:
- Upload / log or post any offensive, obscene, degrading, misleading text, images, videos or any other media through the App;
- modify, adapt, translate, or reverse engineer any portion of the App;
- use any robot, spider, site search/retrieval application or other device to retrieve or index any portion of Rebound to scrape content or to circumvent the technological methods adopted by the Company to prevent such prohibited use;
- collect any information about other Users (including names, email addresses) for any purpose;
- reformat or frame any portion of Rebound without express written consent of the Company;
- create User accounts under false or fraudulent pretences;
- submit any content or material on any third-party sites, that falsely express or imply that such content or material is sponsored or endorsed by the Company;
- transmit any viruses, defects, Trojan horses or other items of a destructive nature;
- copy or store any content offered on Rebound for other than your own use;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- Intellectual Property
Except for the user data, all content and services made available by Rebound including without limitation, the text, graphics, audio, video, interactive features, code, marks, software and the like (“Company Content”) are owned by and/or licensed to the Company by its licensors (“Third-Party Intellectual Property”).
All intellectual property is subject to trademark, copyright and other intellectual property rights under the laws of Denmark, foreign laws and international conventions. You agree not to copy, sell, transfer, assign, reproduce, republish, disassemble, decompile, reverse engineer or distribute any Company Content in any way except as intended under the Agreement. You also agree not to adapt, alter or create a derivative work from any Company Content without the prior written permission of the Company. You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content or Third-Party Intellectual Property that you do not have rights and licences to use. You understand that any unauthorized use of Company Content or any Third-Party Intellectual Property on any website, system or application that is not owned and operated by us is strictly prohibited. This Agreement grants you a limited non-exclusive, non-transferable license to use Rebound for non-commercial use only.
The Company reserves the right to prosecute any violations of this Agreement to the fullest extent permitted by law. You acknowledge that breach of this provision can incur criminal as well as civil liability.
- Infringement of Copyright
We respect the Intellectual Property Rights of others and have zero tolerance policy towards violations of copyright laws. Users are under obligation not to upload, download, post, transmit, reproduce, republish, distribute or in any way access or make available any content that is protected by intellectual property laws without the express permission to use such content from the authorized person.
If you believe that your copyrighted material or content is posted, uploaded or made accessible using any Rebound service, please inform us at the email address listed below of such material and provide us with the following information:
- Identification of the material or content that is claimed to be infringing your copyrighted works;
- Your contact information including your name, phone number and email address;
- A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us with regard to the copyrighted work.
Contact us: firstname.lastname@example.org
We are a technology Company and we are constantly adding new features and functionality to enhance our offering to you. We as well as all Third Party Service Providers that we use, reserve our respective rights to introduce new features and functionality, modify existing features, amend any provision of this Agreement or Third Party Terms and Conditions as well as the right to discontinue any service in our sole discretion. Any changes in features and functionality of services will become effective from the date of implementation. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this Agreement. Please take the time to review these terms regularly to familiarise yourself of any material changes. Please note that we do not have any obligation to notify you of any change in the Terms and Conditions of Third Party Service Provider and it is solely your responsibility to periodically review the Terms and Conditions of such Third Party Service Providers to familiarise yourself of any changes in their Terms.
You release the Company and Third Party Service Providers of any liability arising from your failure to review such modified Terms.
- Apple Users
If you download the App on an Apple mobile device, you agree to be bound by this provision. You acknowledge and accept that this Agreement is concluded between you and the Company only and Apple, Inc is not party to this Agreement. The App is licensed to you by the Company under this Agreement and not by Apple, Inc. You understand and accept that Apple is not under any obligation to offer maintenance and support services with respect to the Rebound. To the maximum extent permitted by applicable law, Apple does not offer any warranties, of any nature whatsoever in relation to the Rebound or any other claim, loss, liabilities, damages, costs or expenses in relation to the App. You understand and accept that all claims arising out of or related to this Agreement or the App must be brought against the Company and not against Apple, Inc. In the event you do not receive the service that was offered by the Company under paid subscription, you may contact Apple App Store directly and Apple, Inc may refund such subscription fees paid by you. Apple, Inc will not be responsible for any investigation, defense, settlement and discharge of any claim that Rebound or your use of the Rebound infringes any third-party’s intellectual property. By using the App you represent and warrant to the Company that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple, Inc and its subsidiaries are third party beneficiaries of this Agreement and Apple will have the right to enforce this Agreement against you as a third-party beneficiary.
- Use of third-party applications
- Disputes Resolution
In the event of any dispute, the User and the Company agree to take all reasonable steps for amicable resolution of such dispute. User agrees to provide a written summary of the dispute to the Company as soon as the dispute arise along with their proposed resolution. The Company agrees to respond to the User dispute within twenty five (25) days from the date of receipt of dispute summary and either agree to the proposed resolution or propose an alternative resolution in writing to the User. If the User is satisfied with Company’s proposed resolution, the agreement must be communicated to the Company within seven (7) days from the date of receipt of Company’s response. The Company’s written response shall be deemed in the nature of settlement discussion and shall not be admissible in any further proceeding. If the Company and the User are unable to resolve the dispute, they may seek alternative legal remedies in the Court of law with appropriate jurisdiction to rule upon the matter in accordance with this Agreement.
- Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, FOUNDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS, CLAIM, DAMAGE OR ACTION THAT HAVE ARISEN OR MAY ARISE, RELATING TO YOUR USE OF OR INABILITY TO USE THE APP, INCLUDING BUT NOT LIMITED TO ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION MONETARY OR PERSONAL LOSS). PLEASE NOTE THAT THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY OUTCOMES OF USING THE APP, THE OUTCOMES OF ANY STEP DOWN PROGRAM, HOW USERS USE OUR SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR USER BEHAVIOUR AND THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY CLAIM AGAINST THE COMPANY, ARISING FROM THIS AGREEMENT OR THE USE OF REBOUND SERVICES, MUST BE BROUGHT BY THE USER WITHIN SIX (6) MONTHS FROM THE DATE WHEN THE CLAIM FIRST AROSE. ANY FAILURE ON THE PART OF THE USER TO BRING THE CLAIM WITHIN THE SIX MONTH PERIOD WILL RESULT IN WAIVER OF SUCH USER’S RIGHT TO BRING SUCH ACTION AT A LATER STAGE. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES AND CONTRACTORS, WHETHER ARISING IN CONTRACT, STRENG STRICT LIABILITY OR OTHERWISE EXCEED THE TOTAL AMOUNT PAID BY THE USER TO THE COMPANY DURING THE MONTH WHEN THE CLAIM FIRST AROSE.
THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE SERVICES IN LOCATIONS OTHER THAN THOSE EXPRESSLY STATED ON OUR WEBSITE.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, and our Third Party Service Providers against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) the violation of these Terms by you,
(ii) Your gross negligence or willful misconduct, or
(iii) the infringement by you, or any third party using your mobile phone, of any intellectual property or other right of any person or entity.
- California Civil Code Section 1542 Waiver
You hereby release the Company, its directors, shareholders and employees from all unknown risks arising out of or associated with the use of the App. If you are a resident in the State of California, you expressly waive California Civil Code Section 1542 which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”.
Unless expressly stated otherwise, any notice or communication to be given by the User to the Company shall be in writing and sent to the address provided below. The Notice must be sent by recorded delivery and shall be deemed served upon delivery.
Overgaden Oven Vandet 10, 2.
1415, Copenhagen K
- Governing Law
This Agreement shall be construed in accordance with the laws of Denmark. Any action or claims brought against the Company must be brought in the court of law, with appropriate jurisdiction to rule upon the matter, sitting in Copenhagen.
Assignability - The Company may assign any of its responsibilities and/or obligations to any other Person, at our sole discretion, without giving any notice to you. However, you may not assign or transfer any of your rights under this Agreement to any other party, without express written consent from the Company.
Severability - If for any reason, any provision of this Agreement or any part of any provision is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.
Waiver – Under no circumstances, failure on the part of the Company to exercise any right or remedy under this Agreement will constitute a waiver of such right or remedy.
No Class Actions – All claims between the parties related to these Terms will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the App or any Rebound Service offered by the Company. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS.
Force Majeure - Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.