- MOMMYMOVE -
Mateo Health GmbH
Terms of Use
These Terms of Use were last updated on 12/12/2018.
Thank you for using the Mommymove web site or Mobile Application, as applicable (collectively, the “Application” or “Service”). The services, features and products found on this Application are provided by Mateo Health GmbH (“Mommymove,” “we,” “our” or “us”). These Terms of Use (as amended from time to time, the “Terms of Use” or “Agreement”) sets forth the legal terms that are binding on all users, including you (i.e., “you,” or “User” as set forth herein), for your use of the Service.
These Terms of Use are applicable only to Users in the United States. If you are a resident located outside of the United States, the terms of use accessible through use of the dropdown menu at the top of this page shall apply exclusively to you.
THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE (MEANINING THAT DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN A COURT) AND A CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS IN ANY DISPUTE WITH MOMMYMOVE.
BY INDICATING THAT YOU ACCEPT THESE TERMS OF USE OR BY DOWNLOADING, INSTALLING, OR USING THIS APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY AND ACCEPT THESE TERMS OF USE. THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND MOMMYMOVE GOVERNING THE USE OF THIS APPLICATION. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE HEREIN, YOU ARE NOT AUTHORIZED TO USE THE APPLICATION AND MUST DELETE THE APPLICATION FROM YOUR MOBILE DEVICE.
IN SOME CASES, WHERE MOMMYMOVE MAY PRESENT CONTENT OR INFORMATION REGARDING A THIRD PARTY, PARTNER OR ASSOCIATED BODY, ADDITIONAL DISCLOSURES AND DISCLAIMERS MAY BE PRESENT. PLEASE READ THEM CAREFULLY AND ENSURE THAT YOU FULLY UNDERSTAND THEM BEFORE TAKING ACTION VIA THE APPLICATION.
Use of the Application
The Application is provided to users at Mommymove’s discretion and may be altered, revoked, removed or cancelled at a point of Mommymove’s choosing. The Application is for personal use only. Your use of the Application must comply with these Terms of Use (including without limitation any fitness or health requirements discussed below), applicable laws and must be conducted only through legal means and for legal purposes. Misconduct, misuse or any type of behavior that may compromise Mommymove or violate these Terms of Use will result in Mommymove taking action against you. These actions may include but are not limited to: blocking your access to the Application, removal or alteration of available Mommymove services and or legal action. All users engage in use of the Application, features and products at their own risk. How users choose to use information and resources found on Mommymove and what decisions or actions that may come of that use of information is solely the fault of the user. Mommymove is not responsible for events, consequences or actions that users encounter as a result of actions taken with the influence of the Application, features or products.
You may only access or use the Service (including registering for the Service) if (1) you are 18 years of age or older. If you are under the age of 18, you are not authorized to use the Application and must cease all use of the Application. The Application is for your personal, non-commercial use. You may not use the Application if we have terminated your account or banned you.
Fitness Requirements for Use of the Application
YOU MUST CONSULT AND OBTAIN PERMISSION FROM YOUR HEALTH CARE PROVIDER BEFORE USING THE APPLICATION.
Physical exercise in any form, including as may be promoted through the Application, consists of strenuous physical activity and present inherent risks of injury, illness, physical or mental exhaustion and even death. The information and content provided on or through use of the Application is for educational and informational purposes only. Mommymove is not providing any medical advice or recommendations and no information or content provided through the application is a substitute for professional medical advice or treatment.
NEITHER MOMMYMOVE, ITS AFFILIATES OR THEIR RESPECTIVE OWNERS, MEMBERS, DIRECTORS, OFFICERS, OR EMPLOYEES WILL BE LIABLE FOR ANY PHYSICAL OR MENTAL INJURY OR ILLNESS THAT MAY RESULT, WHETHER DIRECTLY OR INDIRECTLY, FROM ANY USE OF THE APPLICATION.
Mommymove’s digital fitness program for mothers is an exercise program for new mothers who want to get back into shape after childbirth. Like all exercise programs, the exercise program provided through the Application is physically strenuous. In addition to consultation with your Doctor and other requirements set forth in these Terms, your use of the Application is subject to the following conditions:
1. Users may only participate in this exercise program if any and all of the following conditions are met:
a. The date of the birth must have been at least more than eight weeks ago, and potentially longer depending upon any unique aspects or complications relating to your pregnancy;
b. The final examination by your attending physician must be positive and lack any findings;
c. The User must be in generally good physical condition (cf. also clause 6); otherwise, for example in the case that you feel discomfort, pain, other symptoms or other signs of illness, we strongly advise against using our exercise program.
2. EXERCISE ONLY IN CONSULTATION WITH YOUR ATTENDING PHYSICIAN OR PHYSICAL THERAPIST. The exercise program for new mothers created by Mommymove is physically strenuous and not equally suited to every life situation or every person’s body. The individual exercises could potentially even be harmful for you. As every mother is different and because we cannot verify your physical condition or circumstances, we strongly urge you to consult a physician or physical therapist prior to beginning these workouts to determine whether this exercise program is appropriate for you.
3. NOT MEDICAL ADVICE OR DIAGNOSIS; NOT PHYSICAL THERAPY. The information and services provided by Mommymove through the Application (including without limitation these Terms) over the course of the exercise program for new mothers are for educational and informational purposes only and do not constitute medical advice or physical therapy. Therefore, in no case do they substitute for medical or physical examination and/or treatment.
4. PARTICIPATION IN A POSTNATAL EXERCISE CLASS. The exercise program available through the Application for new mothers is an accompanying exercise program and under no circumstances does it substitute for participation in a postnatal exercise class after giving birth. In fact, Mommymove expressly recommends that all mothers participate in a postnatal exercise class led by trained personnel after giving birth, particularly in order to better understand relevant physical limitations after giving birth and to get the most out of the accompanying exercise program for new mothers.
5. SIGNIFICANT MEDICAL HISTORY. As noted above, you must be in generally good physical condition to participate in the exercise program for new mothers offered through the Application. Therefore, you should clarify with your attending physician whether this criterion is met. In our experience, pre-existing conditions can make participation in this exercise program for new mothers inadvisable, including without limitation, the following:
- Diseases of the cardiovascular system
- Diagnosed heart condition
- Taking any medications, especially for cardiac and/or blood pressure medications
- Respiratory diseases
- No previous history of physical activity
- Thrombosis
- Problems with the spinal column and the rest of the musculoskeletal system
- Neuromuscular diseases
- Joint and bone problems, including fractures
- Surgical interventions
- Diabetes
- Breastfeeding or lactating
THE FOREGOING LIST OF PRE-EXISTING CONDITIONS IS ONLY FOR ILLUSTRATIVE PURPOSES AND IS NOT COMPLETE OR COMPREHENSIVE. YOU MUST CONSULT WITH YOUR PHYSICIAN TO DETERMINE WHETHER YOU HAVE ANY PRE-EXISTING CONDITIONS THAT MAKE USE OF THE APPLICATION INADVISABLE.
6. THE USE OF MOMMYMOVE APPLICATION IS NOT SUITABLE FOR PREGNANT WOMEN.
7. User is advised to avoid overexertion and sudden movements in order to minimize risk of injury. PLEASE STOP EXERCISING IMMEDIATELY IF YOU BEGIN TO FEEL DISCOMFORT OR ONE OR MORE OF THE FOLLOWING SYMPTOMS:
- pain,
- dizziness,
- nausea,
- abdominal pain,
- shortness of breath, or
- other symptoms.
Agreement to Privacy Policy:
In addition to agreeing to these Terms of Use, you agree to our privacy policy (“Privacy Policy”), incorporated into these Terms by reference, as they may be modified, updated or amended from time to time, whenever you:
- Use any portion of the Service.
- Publish, contribute, access or view any Content (defined below) on or through the Service.
- Otherwise agree to or the Terms of Use as provided herein.
Registration Information and Passwords for the Application:
1. Registration Information. In order to register for the Application, you must provide your name, a valid e-mail address and set up a personal password known only to you. You represent and warrant that all registration information provided is true, correct and complete and you undertake to keep the information updated for the duration of this Agreement. We reserves the right to request supporting evidence from you to verify your identity and information. When you register for the Application, you may also be asked to provide other information about yourself to help us better provide services to you or enhance your use and enjoyment of the Application. You further agree to receive any notices from Mommymove to you regarding your use of the Application pursuant to these Terms of Use at the email or other addresses set forth in your contact information. You are obliged to notify Mommymove of any updates or changes to any contact or other registration information that you provide in connection with your use of the Application.
2. Email Address. You must ensure that the email address you provide is accessible from the time that you provide the email address and that the email account is not unable to receive emails due to forwarding of emails, closure of the email account, or a full inbox.
3. User Account. With the data provided upon registration, you will receive access to your own user account via the Mommymove website as well as the Mommymove App, in which you can amend the data that you have provided. At its own discretion, Mommymove may delete any user account with incomplete or incorrect information or for other breach of these Terms of Use.
a. Deletion of Account. You may erase or delete your own user account at any time for any reason. To delete your account, you must log in to the Mommymove website (www.mommymove.com) and follow the appropriate directions to delete or ask Mommymove to delete your account. After you have deleted your account, Mommymove shall have the right to delete any and all content and other data generated by you. By deleting your account, you also lose access to all content that you may have already purchased. Mommymove shall not refund - even on a pro rata basis – any amounts paid for subscriptions still running at the time of deletion or for other additional services for which you may have prepaid. Deletion of your user account constitutes termination of this Agreement, including without limitation any ongoing subscription.
b. User Account after Termination or Expiration of Subscription. Your user account shall remain in place after any subscription for the Service or Application has terminated or expired and shall not be deleted until you expressly ask Mommymove to delete your user account.
4. Usernames and Passwords. You are obliged to maintain the confidentiality of any usernames or passwords that you adopt and/or are provided by Mommymove in connection with your use of the Application. If you become aware of any unauthorized use of your username and password by any third party, you agree to notify Mommymove immediately at the Contact Information set forth in these Terms of Use. For your protection, if Mommymove believes that any unauthorized access may occur or has occurred, Mommymove may terminate access without prior notice to you. You also agree that Mommymove is permitted to act upon any instructions received using your username and password and to consider such instructions as authorized by you. Mommymove will not be responsible or liable for any loss or injury incurred by you for unauthorized use of your username and password, although you may be responsible or liable for any losses or injury caused by such unauthorized use.
Subscriptions and Payment:
1. Subscriptions. In order to register for the Service and purchase any subscription service options, you must confirm your agreement to these Terms of Use and the Privacy Policy. If you are registering for the Service or purchasing subscriptions through the Mommymove Application, this Agreement shall be subject to the applicable purchase and usage terms of the relevant app vendor (if applicable). Rights to subscriptions are not transferable.
a. Renewal of Subscriptions. The term of any purchased shall be automatically renewed twenty-four (24) hours prior to the expiration of the then-current subscription term, for a maximum of one year, unless either party terminates the subscription beforehand. You will be charged the then-current fee for any automatically renewed subscriptions.
b. Trial Subscriptions. In the event that you obtain a trial subscription, the subscription will become fee-based upon expiration of the trial period and shall be subject to the standard terms of use for the subscription, unless you terminate the subscription no later than twenty-four (24) hours prior to the expiration of the trial period. Upon expiration of the trial period, the then current subscription fees shall become due and will be invoiced automatically for the subscription term.
c. Termination of Subscriptions. To terminate any subscriptions purchased through an app vendor (whether the Apple® App Store, Google Play™ or otherwise), you may be required to terminate only through such app vendor. Please consult the relevant app vendor terms of use for more information. To terminate subscriptions purchased through the Mommymove website located at www.mommymove.com, please use the termination function on such web site or notify Mommymove in writing (e.g. letter, fax, e-mail to support@mommymove.com).
2. Payment. All fees are to be paid in advance and are due immediately. Fees shall not be refunded unless otherwise agreed in writing by Mommymove in its sole discretion or stipulated by law. If you fail to pay an amount due, Mommymove shall be entitled to terminate this Agreement or, in its sole discretion, temporarily block your access to the Application until the payment owed has been received by Mommymove. User shall indemnify and hold Mommymove harmless from and against any damages and expenses (including attorneys’ fees) that Mommymove incurs from the non-payment or late payment by you. Mommymove is entitled to send invoices and reminders in digital form by email to the email address provided by you.
a. Rebates and Coupons. If Mommymove offers rebates and/or coupons, they shall only be valid within the period and under the conditions specified. This Agreement shall apply to all uses of the Service whether, whether such purchase is subject to a rebate and/or made using a coupon. You may not combine rebates and coupons unless otherwise specified by Mommymove. Further, no retroactive credits for a coupon against a previous purchase or cash payments for coupons are permitted.
Content and Intellectual Property Ownership:
The information published on or through the Application may include data, text, software, scripts, images, graphics, photographs, video recordings, audio recordings (including without limitation sounds or music), audiovisual combinations, and other interactive or similar materials (the “Content”), that has been provided by users such as yourself, Mommymove, our third party licensors or suppliers (“Third Party Licensors”), or third-party product or service vendors, merchants, or other private or public organizations and entities that have been granted rights to access and publish Content on the Application (“Third Party Vendors”). The Content provided by Mommymove, Third Party Licensors or Third Party Vendors contains trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are held by such parties, as the case may be, and all such proprietary material is protected by law, including, without limitation, U.S. as well as foreign trademark and copyright laws and international treaty provisions.
The “look and feel” of the Application (including color combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by the Third Party Licensors or Third Party Vendors) are also Mommymove’s trademarks and/or copyrights, as the case may be.
You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any Content, except as expressly permitted under these Terms of Use, without the prior written consent of Mommymove or the legal owner of such Content.
Any unauthorized use of Content accessed through the Application may constitute trademark or copyright infringement, unfair competition, or other potential state or federal causes of action, as applicable, which could subject the user to substantial civil penalties, damages or other relief. The deletion or alteration of any copyright, trademark or other proprietary notices used or displayed through the Application is strictly forbidden. In cases where you feel like a copyright or other intellectual property right may have been infringed upon we ask that you contact us as instructed in this Application.
Except as otherwise permitted under these Terms of Use, Mommymove grants to you the limited, non-transferable right to view and use the Application, subject to these Terms of Use. All rights not expressly granted under these Terms of Use are reserved by Mommymove.
Accuracy of Content:
The Content displayed, distributed or otherwise accessible through the Application may include information (which may include, without limitation, factual information, personal narratives, advice, opinions, prices offered for services, health and exercise information, items, item descriptions, and certain third-party terms of use) from various third-party sources, including Third Party Licensors, Third Party Vendors, and registered users of the Application. Mommymove has not independently verified that any Content is complete, current, accurate, safe, inoffensive, non-objectionable, or otherwise appropriate for any user of the Application and expressly disclaims any warranty with respect to the reliability of such information. You acknowledge and agree that your reliance on the Content is solely at your own risk.
In cases where you believe information found on the Application may be inaccurate or needs to be updated we ask that you contact us at support@mommymove.com. If you have any questions with respect to the Content displayed, distributed or otherwise accessible through the Application, please contact Mommymove at support@mommymove.com.
ALL BRANDS, TRADEMARKS, LOGOS, TRADE NAMES, TRADE DRESS, COPYRIGHTS OR COPYRIGHTABLE CONTENT OF ANY THIRD PARTY DISPLAYED, DISTRIBUTED, ACCESSED OR OTHERWISE COMMUNICATED THROUGH THE APPLICATION ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. MOMMYMOVE AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY ENDORSEMENT, AFFILIATION OR SPONSORSHIP, OR OTHER ASSOCIATION BY OR WITH SUCH THIRD-PARTY BRAND OWNERS.
Communicating through the Application:
You are solely responsible for any and all Content you transmit, distribute, post, or otherwise make available to or through the Application (“post”), including to any email addresses provided to or through the Application, or any comments or other information communicated to the Application (collectively, “Communications”). If you are a Third Party Vendor, Communications include Listings, Promotions and other information you publish on the Application. Mommymove does not endorse or accept any Communications as its own or representative of its views. By posting Communications through the Application, you grant Mommymove a perpetual, irrevocable worldwide, non-exclusive, royalty-free, sublicensable and transferable license to publish and display such Communications through the Application and to reproduce, distribute, transmit, use, archive, and prepare derivative works of such Communications in connection with the Application and Mommymove’s business, including, without limitation, to transmit and distribute such Communications to third-party web sites, and to use such Communications for promotional and marketing purposes. You further grant to each user of the Application, including any registered member or other member of the public, a nonexclusive, royalty-free license to access and view your Communications through the Application, and to use, reproduce, distribute, display, broadcast and perform the Content in such Communications as permitted in connection with the Application, including as subject to these Terms of Use.
You represent and warrant that your Communications contain no confidential or proprietary information of yours or of any third party and that you have all necessary permissions, licenses, rights, and consents to post, upload, republish, display, distribute, or transmit your Communications.
Restrictions on Communications:
You agree not to post any Communications that violate the following restrictions. You understand that if you violate these restrictions or any other provision in these Terms of Use, Mommymove may deny you access to the Application.
- Do not promote, discuss or mention any activity that is illegal under the laws of any state in the United States or under U.S. federal law.
- Communications regarding a business listed on Mommymove must be based on your personal experience with that business.
- Do not post multiple ratings or reviews based on the same transaction.
- Do not post Communications regarding the same transaction from multiple accounts.
- Do not post ratings or reviews for any product or business in which you have a financial interest, or for any product or business of a competitor.
- Do not post Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, slanderous, libelous, vulgar, obscene, sexually explicit, pornographic, lewd, indecent, profane, racially, ethnically or otherwise objectionable, or that may invade another’s right of privacy or publicity or other personal rights.
- Do not post Content that infringes or otherwise violates any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of Mommymove or any third party.
Mommymove cannot review all Communications made on or through the Application and Mommymove is not responsible for screening or otherwise monitoring content submitted by Application users, whether in advance of, or after, posting. If a user notifies Mommymove that any Communications do not conform to these Terms of Use, Mommymove may, but is not obligated to, investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Communications. Mommymove reserves the right, but has no obligation, liability or responsibility, to monitor the Application and edit, modify or delete any materials which Mommymove in its sole discretion determines to violate these Terms of Use or to be in any other way offensive, inappropriate or contrary to any Mommymove policy, applicable law or other regulation. You acknowledge that you have no expectation of privacy in any Communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and Mommymove by reason of your posting a Communication to the Application.
Lawful Use:
The Application may be used only for lawful purposes. As one of the conditions of your use of the Application, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Application for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. It is your responsibility to ensure that your use of the Application complies with these Terms of Use and to seek prior written permission for any uses not expressly permitted herein. In connection with your use of the Application, you agree that you will not, nor will you assist or allow others to, directly or indirectly:
- Delete any author attributions, legal notices or proprietary designations or labels on Content that you upload to the Application.
- Provide any false or intentionally inaccurate or misleading information when registering for or using the Application, including impersonation of any person or entity and misrepresenting your affiliation with a person or entity.
- Post any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, such as opinions or notices, commercial or otherwise, unless you are a Third Party Vendor and such materials are posted in compliance with the other provisions of these Terms of Use.
- Modify, delete, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content that is accessible or available through use of the Application, except as expressly permitted under these Terms of Use.
- Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided through this Application for any unlawful purpose.
- Access data not intended for your use or viewing, or log into an account or server which you are not authorized to access.
- Take any action which imposes an unreasonable or disproportionately large load or burden on the Application or use the Application in a manner that attempts to, or actually does, disrupt, impair, interfere with or wrongfully alter or modify the Application, or in a manner that adversely affects the Application and/or the availability of its resources to other users including without limitation posting Communications that contain a virus, Trojan horse, or corrupted data, excessive shouting, use of all caps, overloading, mail bombing, crashing or flooding or continuous posting of repetitive text.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software provided on, comprising or in any way making up a part of the Application, or otherwise used in connection with the operation of the Application (including, without limitation, the Application).
- Attempt to probe, scan or test the vulnerability of a system or network related to the Application, or to circumvent, disable or otherwise breach any security-related features or authentication measures of the Application (including features designed to prevent or restrict use or copying of any Content) without proper authorization.
- Collect or attempt to collect any information of other users of the Application, registered members or other members of the public without the subject’s consent, including without limitation usernames and passwords for the Application, Application account information, and personally identifiable information.
Violations of Application or network security may result in civil or criminal liability. Mommymove will investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Feedback Regarding the Application:
You may provide suggestions, comments or other feedback on the operation of the Application, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Application Feedback”). Such Application Feedback is voluntary and Mommymove has the perpetual right to use any or all of such Application Feedback for any purpose without any obligation to you of any kind, although Mommymove will not publicly disclose the source of such feedback.
Disclaimer of Warranty:
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE APPLICATION ARE AT YOUR SOLE RISK.
Mommymove may provide through the Application links or references to Internet sites maintained by third parties, or such third-party sites may have links to the Mommymove Application. These links and references are offered as a convenience and for informational purposes only, not as referrals or endorsements by Mommymove. Mommymove does not operate or control, and has no right or ability to modify or edit, in any respect any information, products or services provided on these third-party sites. Mommymove assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, intellectual property compliance, privacy policies or practices of such third-party sites.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE, MOMMYMOVE PROVIDES THE APPLICATION, AND ANY CONTENT PUBLISHED THEREIN, ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOMMYMOVE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS AND OTHER PARTNERS DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT, ACCURACY OF DATA OR CONTENT, DATA OR CONTENT SECURITY, AND ADEQUACY FOR ANY PARTICULAR USE, FUNCTIONALITY OR PRODUCTIVENESS, REGARDING THE APPLICATION, ITS CONTENT, OR ANY THIRD PARTY CONTENT LINKED TO OR PROVIDED BY THE APPLICATION. NOTHING IN THESE TERMS OF USE WILL IMPLY THAT ANY COMMUNICATIONS PROVIDED TO OR THROUGH THE APPLICATION OR THIRD PARTY WEB SITES (THROUGH LINKS PROVIDED THROUGH THE APPLICATION) WILL BE ACCURATE OR SECURE, THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED AT A CERTAIN TIME. YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE OF THE APPLICATION, RESULTS OBTAINED, AND PERFORMANCE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF USE.
MOMMYMOVE DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROMOTED THROUGH THE APPLICATION BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY THIRD PARTY LICENSORS, THIRD-PARTY VENDORS OR REGISTERED USERS OF THE APPLICATION.
Limitation on Liability:
IN NO EVENT SHALL MOMMYMOVE, ITS SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS (THE “MOMMYMOVE PARTIES”) HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE (OR ATTEMPTED USE) OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE MOMMYMOVE PARTIES SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ERRORS, MISTAKES OR INACCURACIES IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, UNAUTHORIZED ACCESS TO THE SERVICE OR TO PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED ON OUR SERVERS, ANY INTERRUPTION OR TERMINATION OF THE SERVICE OR YOUR ACCESS TO THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE TRANSMITTED BY OR THROUGH THE SERVICE OR ANY THIRD PARTY WEB SITE, MOBILE APPLICATION OR OTHER SERVICE LINKED THROUGH THE SERVICE, ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE RELEVANT MOMMYMOVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR VISITING AND USE OF THIS SERVICE AND YOU ACKNOWLEDGE THAT MOMMYMOVE SHALL NOT BE LIABLE FOR ANY CONTENT ACCESSED OR AVAILABLE THROUGH THE SERVICE, OR COMMUNICATIONS POSTED TO THE SERVICE, FOR ANY REASON WHATSOEVER.
IF YOU ARE DISSATISFIED WITH THE SERVICE AND/OR ANY CONTENT PROVIDED THROUGH THE SERVICE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE AND CONTENT.
Mommymove makes no representation that the Service is available in locations other than within the U.S. Any access to the Application by you from jurisdictions other than the United States may be subject to compliance with local law or other terms of use, for which you are solely responsible.
Modifications and Changes of the Application:
Mommymove reserves the right to modify, expand, remove, discontinue or change in any way the features, services, Content or other functionality of the Application in its sole discretion and without prior notice to you or other users. However, Mommymove may, in its sole discretion, notify you of such changes, although it is not required to do so. If any change is not acceptable to you, you must discontinue your use of the Application immediately. These Terms of Use and the Privacy Policy shall apply to any such changes, modifications or updates of the Application.
Indemnification:
You agree to defend, indemnify and hold harmless Mommymove, its subsidiaries, affiliates, officers, directors, owners, employees, licensors, agents, co-branders and other partners from and against any and all liabilities, claims, demands, losses or expenses, including reasonable legal and accounting fees and costs, resulting or arising from: (a) your breach of these Terms of Use, including, without limitation, any representations or warranties made by you herein; (b) any action taken or permitted by you which disrupts, degrades or damages the Application, Content or related data thereon; (c) your infringement or other violation of any intellectual property right of Mommymove or any other person or entity; (d) any negligent, wrongful conduct, or intentional torts, by you; (e) any materials (including all Content and Communications) provided by you that is published on or through the Application or any third party web site pursuant to the rights granted to Mommymove hereunder; (f) your use of the Application; (g) your violation of the rights of any third party; or (h) your actual or alleged violation of any federal, state, local or foreign law, or regulations.
You agree that you will cooperate as fully and reasonably as required by Mommymove in the defense of any claim arising out of your use of the Application. Notwithstanding the foregoing, Mommymove reserves the exclusive right to settle, compromise and pay and all claims, demands, proceedings, suits, actions or causes of action, which are brought against Mommymove arising out of or related to your use of the Application, and in no event shall you settle any such claim without Mommymove’s prior written approval.
Termination:
These Terms of Use are effective until terminated by Mommymove, which Mommymove may do at any time without notice for any reason. In the event of termination, you are no longer authorized to access the Application or use the Application. The applicable restrictions imposed on you with respect to material downloaded from the Application, indemnification obligations, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive such termination.
Governing Law; Arbitration and Venue:
1. Governing Law.
This Agreement (including the arbitration agreement in this section where applicable) and all matters relating to this Agreement shall be governed by and construed in accordance with the laws in force in the State of New York without reference to conflict of laws principles;
2. Arbitration.
Any dispute, controversy or claim arising under, out of or relating to this Agreement shall be finally determined by arbitration conducted by the JAMS (or, if unavailable, then such other similar group that can provide former judges as arbiters) in accordance with the Rules of Arbitration of the International Chamber of Commerce applicable to commercial disputes by a single arbiter who is (a) fluent in written and spoken English, the language governing this Agreement, and (b) skilled and experienced with cloud or internet services. The place of such arbitration shall be in New York, New York, U.S.A. The judgment of the arbitrator shall be final, non-appealable (to the extent not inconsistent with applicable law) and binding upon the parties, and may be entered in any court of competent jurisdiction.
3. Exception for Provisional Equitable Relief.
Notwithstanding any provision in this Agreement, either party may request any judicial, administrative, or other authority in any other jurisdiction to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institute of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies.
4. Waiver of Class Action Claims.
By agree to arbitrate your claims against Mommymove, (a) YOU GIVE UP YOUR RIGHT TO GO TO COURT AND HAVE YOUR CLAIMS TRIED BY A JUDGE OR JURY; AND (B) YOU GIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
5. Conflicts of Laws.
This Agreement shall not be governed by the conflict of laws rules of any jurisdiction, UCITA, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which are expressly excluded.
Waiver of Jury Trial:
You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms of Use, the Privacy Policy or the Application.
Contact Information:
Should you have any questions concerning these Terms of Use, or the Privacy Policy, you may contact Mommymove at the following address: Mateo Health GmbH, Steinerner Weg 10, 97267 Margetschöchheim, Germany, email: support@mommymove.com.
Miscellaneous:
These Terms of Use control the relationship between the user and Mommymove and do not create any third-party beneficiary rights.
Except as otherwise expressly provided herein, these Terms of Use, together with the Privacy Policy and any updates, modifications or amendments to same, as well as any other legal notices provided or displayed through the Application, shall constitute the entire agreement between Mommymove and you regarding your use of the Application.
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Any failure by Mommymove to exercise or enforce any legal right or remedy set forth in these Terms of Use, or otherwise under applicable law, shall not be deemed a waiver of Mommymove’ rights or remedies, which shall remain available to Mommymove.
The rights granted to you under these Terms of Use may not be assigned to any third-party without the prior written consent of Mommymove, in its sole discretion. These Terms of Use shall be binding upon you, your successors and approved assignees.