Babynote

TERMS AND CONDITIONS + PRIVACY POLICY FOR [BABYNOTE / BABYNOTEAPP.COM]


Excerpt:

Babynote guides you through your pregnancy week by week providing you with new information. That allows you to track what (based on a typical pregnancy) is happening each week with your baby. You can calculate which week you're in and the app will keep track of your pregnancy on a timeline. To use the app you DON'T have to register an account. This is only if you want to have a more detailed profile in the app, but you can still track your pregnancy, add photos and videos and get the news for free and without creating an account. All the functionalities that are necessary to use the app are not requiring a signup.

Attention!
Attention!
Babynote is NOT a medical app! The information that it provides cannot be used to determine correct or incorrect fetal development. It only shows average informations that do not necessarily reflect what’s actually happening with your child. Moreover the app cannot replace regular visits to your attending gynecologist. The app only stores your personal photos ON DEVICE and does not send your photos to any server. We are storing login informations and pregnancy information, and we might occasionally (up to 4 times during a typical pregnancy) send promotional emails from our partners and/or sponsors. The app is free, so we need it to add new features and upgrade it in the future. Hope you understand


I. OPENING STATEMENTS
1. Babynote app available at babynoteapp.com and in the App Store is ran by HYPE4 - Michał Malewicz, 03-903 Warszawa, ul. Finlandzka 12/15. NIP: 1181561581, REGON: 146565430,
2. Before using the app please read the terms and conditions thoroughly.
3. This terms document outlines all the rules guiding this app and general law of the EU.
4. Using the app implies that the user has read and accepted the terms and conditions and has agreed to it fully.
5. The rules of this document are guaranteed by consumer rights and based on the currently available laws regarding those rights.
6. Consumer contact data:
a. E-mail: [email protected]

I. DEFINITIONS
1. App – a computer program running on an iOS device (iPhone or iPad) that can be downloaded from the App Store.
2. Administrator - The company that is administering over the databases: HYPE4 - Michał Malewicz, 03-903 Warszawa, ul. Finlandzka 12/15. NIP: 1181561581, REGON: 146565430 3. Terms - This document with all attachments and additions
4. User - Everyone who has downloaded the app and is using it,
5. Registration form – The app has a sign up form that allows t he user to create an account with the babynote service. To create an account the user needs to provde personal information including an email address, login and password.
6. Email - Electronic mailbox with an individual (identifiable) internet address of the user.
7. Account - A place within the database and app where after logging in the user can store his/her data and use all of the app's features.
I. TECHNICAL REQUIREMENTS
1. To use the app it is necessary to have: a mobile device on the iOS platform, an email account and a web browser. (These are the recommended browsers: Internet Explorer 8, Opera 10.00, Google Chrome 10.0, Mozilla 4.0 or their newer versions).
I. REGISTRATION
1. Creating the account is voluntary and is NOT necessary to use the most important app features like pregnancy timeline or week calculator.
2. By creating the account the user is stating that:
a. Has read, understood and accepted these terms,
b. Is not violating any of the terms of this agreement.
3. The user is required to keep his/hers password private.
The user should try to keep the password as secure as possible and not disclose it to third parties. The user is solely responsible for giving the login details to third parties if it results in data loss.
4. The user can REMOVE the account at any time. Account removal results in the loss of ALL data that was stored. To remove your account please send (using the email you registered with) a message with REMOVE in the title to [email protected] The account will be remove in 1 business day. Attention! This CANNOT be undone.
5. The administrator can remove a users account manually IF:
a. The administrator suspects the user is violating the terms and conditions and/or using the app improperly in a way that can cause harm to the service,
b. Or if the user didn't accept the new terms and conditions if they are ever modified,
c. If the user never logged in or hasn't log in in over 12 months from the creation date of the account,
d. If the user won't activate or verify the account within 30 days,
e. If when reminded the user hasn't stopped the behaviour that was violating the terms and conditions or refused to do so.
6. The content and information the user is adding to the App during registration or editing the account can be moderated by the administrator if the content is violating the terms and conditions.

I. RESPONSIBILITY
1. For the good and safety and to provide the highest possible app quality it's prohibited to use the app or any of it's functionalities in a way that was not intended by the app maker, especially but not limited to actions that are prohibited by law, good practices, social norms and this agreement.
2. The admin will try to provide the app service without interruptions, but cannot be held responsible for technical issues, random occurences or by actions of the users that are not following this agreement. The administrator will try to keep the uptime of the app at at least 90% yearly.
3. Administrators will also add new security measures when they're available, that can consist but not limited to encryption, data security and password requirements.
4. Administrators can anonymously publish content directed to the quality assurance team by the users that can be then condensed into a FAQ to answer similar questions in the future.
5. Administrator can enable advertising within the app for the app's future growth if necessary and by accepting these terms the user is acknowleding this.

I. Intellectual property rights
1. All Intellactual property rights to the app, especially to the content, word and brandmarks, names, images, drawings and functionalities belong to the administrator. Using the app in no way allows for the users to own any of the above mentioned rights to the intellectual property.
2. It is prohibited (unless a written permission is given by the administrator) to copy, modify and use the intellectual property of the Babynote brand and app. This excludes having the babynote app files on the users device, as it's necessary for the proper usage of the product and is in line with the terms outlined here.

I. TERMS ADJUSTMENTS
1. The terms can be modified ONLY if an important change is required. In these cases the users are presented with the new terms each time a change is being made. Without agreeing to them the users can request removal of the account at any moment.
2. Administrators are publishing terms and conditions updates on the App website (babynoteapp.com). The terms will not take effect less than 14 days before the change is announced.
3. Terms changes have no effect on actions taken before the changes take place.
4. Elements not requiring terms change can include promotions, contests, additional features and paid partnerships. The rules for any of these elements will be outlined in separate attachments added to this terms document.

I. FINAL STATEMENTS
1. The terms and conditions document is provided to the user free of charge on the app website and can be printed, saved and downloaded from the app website (babynoteapp.com)
2. If a court rules any of the points of this agreement as invalid, that doesn't automatically invalidate the rest of the document.
3. All cases that are not outlined in this agreement are governed by the EU laws.
4. All cases related to the functioning of the app and services provided in the app will be decided by the court of the Republic of Poland.
5. All questions, inquiries and suggestions can be directed to: [email protected]



PRIVACY POLICY - BABYNOTE

Respecting your right to privacy Babynote (app) is doing it's best to protect your personal data. This privacy policy outlines how we collect, store, secure and use your data.
By using the babynote app you agree to the rules and conditions outlined in this privacy policy.
Who is administering your personal data ?
HYPE4 - Michał Malewicz, 03-903 Warszawa, ul. Finlandzka 12/15. NIP: 1181561581, REGON: 146565430
What data are we collecting?
To use the app you DON'T have to create an account. In that case we collect absolutely NO data about you. If you register we are collecting the following data:
1. First and last name (optional)
2. Country of residence (Without a specific address or city)
3. Current pregnancy week and estimated birth date,
4. Your email address
5. Your birth date
6. Gender and name of the child
The above information is voluntary. The only required fields are email address and country.

If you sign up to our newsletter or forums we only collect your email address. By signing up and logging in you are agreeing to process your personal data for promotional and/or marketing reasons. The usage of the app doesn't require registering. A complete registration is synonymous to agreeing for us to process your personal data as outlined in this document.
How are we using your data?
Collected data are only used for purposes that you agreed to, like contacting with you in case of technical difficulties, setting your preferences for the product and although we don't currently send ANY marketing and promotional materials, we reserve the right to do so in the future. If that happens we will modify this agreement and notify you about it.
What are your rights regarding your personal data processing?
You have the ability to acces, modify, removing your personal data. You can also ask for us to cease the procesing (which is the same as removing the account)
Security
We are using all technical and organisational ways to provide security of your data and protect them from both accidental and purposeful destruction, modification, breach. The data is stored on servers with high security measures (encryption and multi-level verification) that comply to the current laws regarding data security. We will work on updating the security features whenever a new technology allowing this is tested and verified.
Remember to NEVER disclose publicly any of your personal data used in the app. Disclosure of that kind is your own responsibility and babynote cannot be held responsible for it. Data reveal to certain parties
Law enforcement can request some (or all) of your personal data based on a lawful basis provided. In any other not law required case your personal data will not be disclosed without your consent.
Privacy policy changes
The offer, services, technologies, standards and law requirements are often changing. Becuase of that we may update this privacy policy to reflect those changes and we will notify you about them 14 days before they take effect. Using the app after the change confirms the agreement to the change. Our contact information
1. HYPE4 - Michał Malewicz, 03-903 Warszawa, ul. Finlandzka 12/15. NIP: 1181561581, REGON: 146565430
2. +48 781 405 748
3. [email protected]