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User agreement and licence for
pelvina daily

  
 

1. About Us
 

1.1.  “We”, “us”, and “our” means Temedica GmbH, a company registered in Germany with business number 227049.
 

1.2.  Our registered office address is Erika-Mann-Str. 21 | 80636 München (Munich).
 

1.3.  Our phone number is +49 89 215 544 970, and our email address is support@pevlina.com. You can use these for any questions, complaints, claims, or correspondence relating to our app, our services, and our content.

2.    About our app and our content
 

2.1.  In this agreement, when we talk about “our app”, we mean pelvina daily.
 

2.2.  Our app includes access to workouts, exercises, videos, instructions, and other visual and audio material. In this agreement, when we talk about “our content”, we mean these things. Some of our content is free, and some requires payment.

3.    Important: we do not provide medical or healthcare advice

3.1.  Our app is intended for women over 18 years of age, in good health, and without previous illnesses, surgery, or conditions which might make use of our app unsafe or unwise. IF YOU ARE PREGNANT OR JUST HAVE GIVEN BIRTH, OR ARE NOT SURE IF OUR APP IS SUITABLE FOR YOU, YOU MUST CONTACT A DOCTOR OR MIDWIFE BEFORE USING OUR APP.
 

3.2.  We are not a provider of health care or medical devices, nor should you consider our app or content as medical advice, as only a doctor or other medical professional can do this.
 

3.3.  WE MAKE NO CLAIMS, REPRESENTATIONS OR WARRANTIES THAT OUR APP OR OUR SERVICES PROVIDE PHYSICAL OR THERAPEUTIC BENEFITS.
 

3.4.  YOU USE OUR APP AT YOUR OWN RISK. IF YOU FEEL UNWELL WHILE USING OUR APP, STOP USING IT IMMEDIATELY, AND CONSULT A MEDICAL PROFESSIONAL.

4.    Restrictions (incl. Minimum Age)

4.1.  You must be aged 18, and a consumer, to download and use our app.
 

4.2.  If you are either or both under 18 and not a consumer, if you have already downloaded our app, you must delete it from your device.
 

4.3.  The app is not “directed to children” as that term is defined under U.S. Federal Law Title 16 C.F.R. § 312.2. We do not collect information of children under 13. If you believe that we have information of a child under 13, please contact us at support@pelvina.com.

5.    Our agreement with you

5.1.  This agreement applies to your use of our app. By using our app, you are entering into this agreement. This agreement applies to the exclusion of any terms you supply, provide, or otherwise attempt to incorporate, and it supersedes all previous negotiations, understandings and representations.
 

5.2.  If you do not agree to this agreement, you are not permitted to download or use our app. If you have already downloaded the app and do not agree to this agreement, you must delete our app immediately.
 

5.3.  In addition to the terms of this agreement, if you have downloaded our app through a third party’s application store, the terms and conditions of that application store may apply in addition to these.

6.    Payment, subscription, and auto-renewal

6.1.  Our app is available free of charge, and you can download and use it without payment.
 

6.2.  Some of our content is only available through subscriptions, which can be purchased on a monthly or yearly basis and which you can buy through in-app purchases. You must pay for your subscription in advance.
 

6.3.  We reserve the right to decline or cancel any request to purchase a subscription.
 

6.4.  Your subscription will renew automatically until you cancel it in accordance with this agreement, or until we terminate this agreement. It will renew automatically for a further period equivalent to the expiring subscription. (For example, if a one month subscription is expiring, it will renew automatically for another month.)
 

6.5.  If you do not want to renew your subscription, you must cancel it at least 24 hours before it renews. You can cancel your subscription at any time. You must cancel your subscription using the subscription management services provided by the third party’s application store (such as Apple’s App Store® or Google Play®). Cancellation takes effect at the end of the current subscription period, and you can continue to use our subscription-only content until then. You are not entitled a refund of any fees paid.
 

6.6.  We may change the pricing, or other terms, of a subscription at any time, and we will notify you before these changes take effect. If we change the pricing or terms of a subscription, the changes will apply automatically to any renewed subscription period. Your current subscription will not be affected. If you do not wish to renew your subscription in its revised form, you must cancel your subscription in accordance with this agreement.

7.    Your right of cancellation

7.1.  You may cancel your subscription at any time and for any reason within 14 days beginning the day after the day on which you buy your subscription. This clause 7 does not apply to automatic renewals of your subscription.
 

7.2.  You must notify us of your decision to cancel your subscription under clause 7.1. You may be able to do this using the subscription management services provided by the third party’s application store. Alternatively, you may, but are not required to, give us notification of cancellation using the following text:

 

To Temedica GmbH, Erika-Mann-Str. 21, 80636 München / support@pevlina.com]
 

I hereby give notice that I cancel my contract for the supply of the following service: subscription to your pelvina daily app.
 

Ordered / received on: [date]
 

Name of consumer: [your name]
 

Address of consumer: [your address]
 

Signature of consumer (if you notify us of this on paper)
 

Date: [date]

7.3.  If you cancel your subscription under clause 7.1, we will reimburse you for all payments we have received from you in respect of that subscription. We will reimburse you without undue delay and in any event no later than 14 days after day on which we received your notice of cancellation. We will re-imburse you by reversing your in-app payment.

8.    Your right to use our app and our content

8.1.  Nothing in this agreement transfers ownership of our app or our content to you.
 

8.2.  If, and only if, you comply with this agreement, we grant you a non-exclusive, non-transferable, non-sublicenseable licence for the duration of this agreement to download, install, and use our app on a device which you own or control, and to download, view, and display our content, in each case solely for your own personal non-commercial purposes. For the iOS version of our app, this licence permits you to use our app only on an Apple-branded device, and only as permitted by the Apple’s usage rules set out in Apple’s “App Store Terms of Service”.
 

8.3.  Other than as set out in clause 8.2, unless you are allowed to do so by law, you may not do any of things which, under copyright law, we have the exclusive right to do. This includes:
 

8.3.1.    copying our app or our content.
 

8.3.2.    issuing copies of our app or our content to the public.
 

8.3.3.    renting or lending our app or our content to the public.
 

8.3.4.    performing, showing or playing our app or our content in public.
 

8.3.5.    communicating our app or our content to the public.
 

8.3.6.    making an adaptation of our app or our content, or doing any of the above in relation to an adaptation of our app or our content.
 

8.4.  Unless you are allowed to do so by law, you must not reverse engineer, decompile or disassemble our app or our content.
 

8.5.  Clauses 8.3 and 8.4 survive cancellation or termination of this agreement.

9.    Our right to use your feedback, comments and suggestions

9.1.  We welcome feedback, comments and suggestions relating to our app, our services, and our content. You grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable licence under any and all intellectual property rights that you own or control to do whatever we want with your feedback, comments and suggestions.
 

9.2.  This clause survives cancellation or termination of this agreement.

10.    Service access, suspension, and maintenance

10.1.  While we will use our reasonable efforts to maintain and operate our app, we make no promises that it will always be available or functioning, nor that they will be fault-free.
 

10.2.  We may restrict or suspend all or part of our app or your access to our content if, in our reasonable opinion, you fail to comply with your obligations under this agreement, or if we consider it is necessary to do so:
 

10.2.1.    to stop or mitigate any security or integrity incident, threat or vulnerability, or problem or attack affecting our network, equipment, or services (including any network, equipment, or services provided to another customer);
 

10.2.2.    to deal with behaviour which, in our reasonable opinion, amounts to misuse of our app, our content, or our services; or
 

10.2.3.    to comply with a legal obligation.

11.    Ending this agreement

11.1.  You can stop using our app whenever you want, and you don’t have to tell us, but you are not entitled to a refund for any sums you have paid us. If you have taken out a subscription and wish to cancel it, you must do so in accordance with clauses 6.5 or 7, as otherwise it will continue to renew automatically.
 

11.2.  We may terminate this agreement immediately if:
 

11.2.1.    we are entitled to do so under this agreement;
 

11.2.2.    you commit a material breach of an obligation under this agreement;
 

11.3.  If we terminate this agreement, you will no longer be able to access our app or our content, including any content for which you have paid.
 

11.4.  Cancellation or termination of this agreement or of any subscription shall not affect any rights, obligations or liabilities of either party that have accrued before termination or that are intended to continue to have effect beyond termination.

12.    Indemnification

12.1.  You indemnify us and hold us and our officers, directors, employee and agents harmless, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with any of the following:
 

12.1.1.    your use of our app or our content;
 

12.1.2.    your infringement of our rights, including our intellectual property rights; or
 

12.1.3.    your breach of this agreement.

13.    Limitation of liability; Disclaimer of Warranties

13.1.  Neither party limits or excludes its liability to the other for personal injury or death caused by its negligence, for fraud or fraudulent misrepresentation, or for any matter for which, at law, a party cannot limit or exclude its liability.

13.2.  You do not limit or exclude your liability for any indemnities in this agreement, or for sums due under it.

13.3.  Our total liability to you shall never exceed the lesser of:

13.3.1.    the subscription fee paid by you to us in the subscription period to which your claim relates; and

13.3.2.    £50 (if you downloaded our app from a third party’s UK application store) or $50 (if you downloaded our app from a third party’s US application store).

13.4.  Subject to clauses 13.1 to 13.2, neither party shall be liable to the other for special, indirect, or consequential losses, nor for the following types of loss, whether direct, indirect, special or consequential, in each case however caused:

13.4.1.    financial loss (other than in respect of sums due from you to us under this agreement), including loss of profits, earnings, business, goodwill, business interruption;

13.4.2.    expected or incidental losses; loss of expected savings; loss of sales; failure to reduce bad debt; reduction in the value of an asset; and

13.4.3.    loss of, or corruption to, data.

13.5.  THE APP AND OUR CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE APP MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE  DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS CLAUSE DOES NOT AFFECT YOUR STATUTORY RIGHTS. 

13.6.  This clause survives cancellation or termination of this agreement.

14.    Variations

14.1.  We can vary this agreement, and the price of our content, at any time. If we make any changes to the terms of the agreement, we will notify you by placing a notice on the home screen of our app, and we may require you to affirmatively accept the new terms before continuing to use our app. If you are a subscriber, the new terms will not apply to you until your next subscription term. If we increase the price of our content, this increase will not affect any purchases you have already made.

14.2.  We are always looking for ways to improve our app and our content. Sometimes, this means adding new features. Sometimes, this means taking away or discontinuing features, or changing the way features work. We can make any changes we wish, at any time, without notice to you.

15.    Events outside reasonable control

15.1.  Neither party will be liable to the other for any delay or failure in the performance of that party’s obligations caused by events outside that party’s reasonable control, but this does not apply to your obligation to pay any sums due to us.

16.    Governing law and jurisdiction, and disputes

16.1.  Notice for the service of court proceedings shall be by a signed-for postal service which provides proof of delivery, or by courier, and such notice shall be addressed to us, addressed to the Managing Director, and sent to the address set out in clause 1.2.

16.2.  This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed at all times in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the courts of the United Kingdom that by law have jurisdiction over such a dispute.

16.3.  This clause survives cancellation or termination of this agreement.

17.    General terms

17.1.  No-one other than you or us has any rights under this agreement.

17.2.  If any part of this agreement is found to be invalid or unenforceable by any court, this shall not affect the other provisions of this agreement and those provisions shall remain in full force and effect.

17.3.  If a party fails to exercise a right or remedy, this shall not prevent that party from exercising that right or remedy subsequently for that or any other incident.

17.4.  A waiver of any breach or provision of this agreement is only effective if made by email or in other writing.

17.5.  We may assign, transfer, charge, sub-contract or deal in any other manner with any of our rights or obligations under this agreement. You may not do these things without our prior written consent.

17.6.  Nothing in this agreement establishes any partnership, joint venture, or agency. You shall not hold yourself out as being an agent, partner, representative or otherwise being entitled to bind us.

17.7.  This clause survives cancellation or termination of this agreement.

18.    Terms which Apple requires us to include

18.1.  This clause 18 applies only in respect of our app for Apple devices.

18.2.  This agreement is concluded between you and us only, and not with Apple. We (and not Apple) are solely responsible for our app.

18.3.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our app.

18.4.  In the event of any failure of our app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for our app to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

18.5.  We, not Apple, are responsible for addressing any claims of you or any third party relating to our app or your and/or use of tour app, including, but not limited to: (i) product liability claims; (ii) any claim that our app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

18.6.  In the event of any third party claim that our app or your possession and use of our app infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

18.7.  You represent and warrant that (i) 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 as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

18.8.  You must comply with all applicable third-party terms of service when using our app.

18.9.  Apple, and Appleʼs subsidiaries, are third party beneficiaries of this agreement. Apple has the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary of this agreement.