BY PROCEEDING AND CONTINUING TO USE THIS APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT PROCEED OR CONTINUE USING THIS APP.
We YourPulses IKE (Company Number: 158436201000), of Dimitriou Gounari 96, 15125 Amarousio, Attiki, Greece, license you to use:
as permitted in these terms.
By agreeing to these terms, please note that:
(together with this End-User License Agreement, Terms of Use) also apply and you are deemed to have read, understood and accepted them.
The ways in which you can use the App may also be controlled by the Apple App Store and Google Play Store (each and collectively Mobile App Store) rules and policies. These Mobile App Stores’ rules and policies will apply instead of these terms where there are differences between the two.
We only use any personal data we collect through your use of the Mobile App and the Services in the ways set out in our privacy policy.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Mobile App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
This Mobile App requires a smartphone or tablet device running Android or iOS operating system. The minimum amount of total memory required is 1GB and the minimum disk storage required is 200MB. For the Android operating system at least version 4.3 is required (API level 18). For the iOS operating system at least version 12.0 is required.
Contacting us (including with complaints). If you think the Mobile App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at support@yourpulses.com.
How we will communicate with you. If we have to contact you, we may do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
In return for your agreeing to comply with these terms you may:
You must be 16 or over to accept these terms.
In case you are under 16, you cannot access and use the App and Services, unless your parent or legal guardian consents to this and signs you up for the App/creates an Account for you, in accordance with the Terms of Use.
In this case, your parent or legal guardian can sign you up for the App after first signing up themselves for the App/creating an Account (as defined in the User Agreement). To create an Account for you/sign you up for the App, your parent or legal guardian will be called to fill in an additional, dedicated field for the creation of an Account for you, as a user under 16. To create the Account, your parent or legal guardian must first accept the Terms of Use on your behalf. After your parent or legal guardian fills in the referred field and after they accept the Terms of Use and consent to your use of the App and Services, we will send you an email confirming that your parent or legal guardian has completed the process to create an Account for you and has accepted the Terms of Use on your behalf. To activate your Account, you must follow the relevant link in the referred confirmation email.
Please note that in case you are under 16, some Services or activities, events, or your-own-activities may be prohibited or restricted for you, in our sole discretion and/or subject to the terms of the Participating Entities.
We are giving you personally the right to use the Mobile App and the Service as set out above [LINK TO "HOW YOU MAY USE THE MOBILE APP"]. You may not otherwise transfer the Mobile App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Mobile App is installed, you must remove the Mobile App from it.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We may change these terms in our sole discretion without any notice, unless any change is material in which case, we will give you a reasonable notice when you start the Mobile App.
By continuing to use the App after any change of terms has been herein published or for which reasonable notice has been provided, whatever the case may be, you will be deemed to have accepted the changed terms. In case you do not agree with the published or notified changes please do not continue using the App and Services in any way.
From time to time we may automatically update the Mobile App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Mobile App for these reasons.
If you choose not to install such updates you may not be able to continue using the Mobile App and the Services.
If you download or stream the Mobile App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
By using the Mobile App or any of the Services, you agree to us collecting and using technical information about the devices you use the Mobile App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
Certain Services including the performance of your-own-activities will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the Mobile App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
You may stop us collecting such data at any time by turning off the location services settings on your mobile phone or device.
The Mobile App or any Service may contain links to other independent websites which are not owned by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
You must:
All intellectual property rights in the Mobile App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the Mobile App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Mobile App, the Documentation or the Services other than the right to use them in accordance with these terms.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The Mobile App is for domestic and private use. If you use the Mobile App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the Mobile App and the Services. The Mobile App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Mobile App or the Service. Although we make reasonable efforts to update the information provided by the Mobile App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the Mobile App.We recommend that you back up any content and data used in connection with the Mobile App, to protect yourself in case of problems with the Mobile App or the Service.
Check that the Mobile App and the Services are suitable for you.The Mobile App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Mobile App and the Services (as described on the Mobile Appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control.If our provision of the Services or support for the Mobile App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
We may end your rights to use the Mobile App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the Mobile App and Services:
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by Greek Law and for any dispute arising in relation to this End-User Licence Agreement, the Terms of Use or your use of the Mobile App, Website and Services, the courts of Greece have exclusive jurisdiction.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
