Terms & Conditions

Terms & Conditions

 

FamilyPlug

Terms and conditions of Service

INTRODUCTION; AGREEMENT TO THESE TERMS OF SERVICE

Welcome to Family Plug Sarl’s (“FamilyPlug”, “We”, “Our”) mobile device software application (the “FamilyPlug Software”), Website, and any other mobile or web services or applications owned, controlled, or offered by FamilyPlug (collectively, the “FamilyPlug Services”).  Users who access, download, use, purchase and/or subscribe to the FamilyPlug Services (collectively or individually “You” or “User” or “Users”) must do so under the following terms and conditions of service.

BEFORE USING ANY FAMILYPLUG SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE FAMILYPLUG SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS OF SERVICE, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS AND CONDITIONS OF SERVICE (COLLECTIVELY, THE “AGREEMENT”), WITHOUT LIMITATION OR QUALIFICATION.  IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE FAMILYPLUG SERVICES IMMEDIATELY.

THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND FAMILYPLUG.

 

USERS

Within the framework of this Agreement, “User” means an individual who is either a “Patient” (or the person(s) duly authorized under the Law applicable to the Patient’s consent to act in the name and on behalf of such Patient, collectively the “Patient”) or a “Standard User”, defined as any person willing to send Users Submissions, as defined in this Agreement, to the Patient. If you are a Patient, you hereby expressly declare, represent and warrant that prior to accepting this Agreement, you are legally authorized to do so and that you have lawfully obtained the necessary authorization from the Health Care Provider to use the FamilyPlug Software and the FamilyPlug Services in accordance with the Timeslots Settings, as defined hereunder.

 

AGE RESTRICTION

The FamilyPlug services are available for Standard Users aged 18 years or older. No Standard User under the age of eighteen (18) years (twenty-one (21) years in places where eighteen (18) years is not the age of majority) may directly or indirectly view, possess or otherwise use the FamilyPlug services. Patients under the age of eighteen (18) years or twenty-one (21) years in places where eighteen (18) years is not the age of majority may directly or indirectly view, possess or otherwise use the FamilyPlug services if their consent has been given by person(s) duly authorized under the Law applicable to their consent to act in the name and on behalf of such Patient and in accordance with the representations made in the USERS section.

 

MODIFICATION OF THIS AGREEMENT

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement (including the Guidelines) at any time by prominently posting notice of the changes on the FamilyPlug Service. Please check this Agreement periodically for changes. Your continued use of the FamilyPlug Services after the posting of any modifications or changes on the FamilyPlug Service constitutes your binding acceptance of such changes. For any material changes to this Agreement you acknowledge and agree that any such amended or modified terms shall automatically be deemed effective thirty (30) days after they are initially posted on the FamilyPlug Services.  These changes will be effective immediately for new Users of the FamilyPlug Service.

 

OWNERSHIP; PROPRIETARY RIGHTS

The FamilyPlug Services are owned and operated by FamilyPlug. The FamilyPlug Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the FamilyPlug Services (collectively, the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the FamilyPlug Services are the property of FamilyPlug or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the FamilyPlug Services are proprietary to FamilyPlug or its affiliates and/or third-party licensors. Except as expressly authorized by FamilyPlug under this Agreement, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

 

PRIVACY POLICY: Our Privacy Policy that you expressly acknowledge to have read and accepted shall form integral part of this Agreement and you accept to be bound by the terms contained therein.

 

GUIDELINES; USAGE RULES; PROHIBITED CONDUCT & USES

Any violation of these Guidelines by your User Submissions, as determined by FamilyPlug, may result in your User Account being banned and lead to the termination of your access to the FamilyPlug Services.

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ENGAGE IN THE PROHIBITED CONDUCT & USES LISTED BELOW:

1. use the FamilyPlug Services to “stalk”, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store personal information about other Users;

2. use the FamilyPlug Services if you are under the age of 18 years old (twenty-one (21) years in places where eighteen (18) years is not the age of majority) except in the cases mentioned in the AGE RESTRICTION section for Patients;

3. include offensive or pornographic materials or materials that are harmful to minors in your FamilyPlug Services personal profile page;

4. use the FamilyPlug Services for any commercial or non-private use, it being understood that the FamilyPlug Services are for personal, non-commercial use only;

5. use the FamilyPlug Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;

6. make unsolicited offers, advertisements, proposals to other Users of the FamilyPlug Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;

7. impersonate any person or entity, falsely claim an affiliation with any person or entity;

8. misrepresent the source, identity or content of information transmitted via the FamilyPlug Services;

9. display the FamilyPlug application or profile data on any external display or monitor or in any public setting;

10. remove, circumvent, disable, damage or otherwise interfere with security-related features of the FamilyPlug Services, features that prevent or restrict use or copying of any content accessible through the FamilyPlug Services, or features that enforce limitations on use of the FamilyPlug Services;

11. intentionally interfere with or damage operation of the FamilyPlug Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

12. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

13. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

14. use the FamilyPlug Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles;

15. use the FamilyPlug Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the FamilyPlug Services could lead directly or indirectly to death, personal injury, or severe physical or property damage;

16. attempt to gain unauthorized access to the FamilyPlug Services, or any part of it, other accounts, computer systems or networks connected to the FamilyPlug Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the FamilyPlug Services or any activities conducted on the FamilyPlug Service; or

17. use any robot, spider, scraper or other automated means to access the FamilyPlug Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the FamilyPlug Services or modify the FamilyPlug Services in any manner or form, nor to use modified versions of the FamilyPlug Software, including (without limitation) for the purpose of obtaining unauthorized access to the FamilyPlug Services.

 

USAGE; REFUSAL OR SUSPENSION OF SERVICE

You are responsible for the security on the mobile device on which the FamilyPlug Services and Software are installed.  If you elect to use the FamilyPlug Services or register for an account with FamilyPlug (“User Account”), you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your FamilyPlug account login information and the security of your mobile device, and are fully responsible for all activities that occur under your FamilyPlug account.  You agree to immediately notify FamilyPlug of any unauthorized use, or suspected unauthorized use of your FamilyPlug account or any other breach of security.  FamilyPlug cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

If you are a Patient, you agree to set the Timeslots of the FamilyPlug Software (“Timeslots Settings”) in strict compliance with the instructions of your Health care provider (“Authorized Timeslots”)

You are also responsible for removing or turning off notifications for all the other applications that could disturb you during resting hours.

FamilyPlug reserves the right, but has no obligation, to have our systems monitor any user’s use of the FamilyPlug service, including a user’s registration or invite-a-friend attempts, as well as a user’s use of or access to the location information and profiles of other users. Accordingly, FamilyPlug also reserves the right to (a) disable any User’s use of or access to the FamilyPlug services or (b) terminate any User’s account, for any reason and without any notice.

You alone are responsible for your involvement with other Users. You agree that FamilyPlug will not be responsible for any loss or damage incurred as the result of any such interactions.   

FamilyPlug does not control the content of User Accounts and profiles.  FamilyPlug has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the FamilyPlug Services.

 

USER SUBMISSIONS

1. The FamilyPlug Services allow the submission of content and materials (such as pictures, videos and audio files) by you and other Users (“User Submissions”), and the hosting, sharing and/or publishing of such User Submissions. User Submissions and certain other information about you are subject to our applicable privacy policy which forms entire part of this Agreement. For more information, see the full Family Plug Privacy Policy. You shall be solely responsible for your own User Submissions and the consequences of sharing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize FamilyPlug to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the FamilyPlug Services and this Agreement.

2. FamilyPlug assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time FamilyPlug chooses, in its sole discretion, to monitor User Submissions, FamilyPlug nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, FamilyPlug does not endorse and has no control over the content of User Submissions submitted by other Users. FamilyPlug makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, FamilyPlug reserves the right to prevent you from submitting User Submissions for any reason at any time.

3. User Submissions are owned by the User who submitted them, subject to FamilyPlug‘s license to such User Submissions under this Agreement. User Submissions cannot be shared, displayed or duplicated by any other party other than the submitted User, except as permitted under this Agreement.

4. If you provide FamilyPlug any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to FamilyPlug all rights in the Feedback and agree that FamilyPlug shall have the right to use such Feedback and related information in any manner it deems appropriate.  FamilyPlug will treat any Feedback you provide to FamilyPlug as non-confidential and non-proprietary.  You agree that you will not submit to FamilyPlug any information or ideas that you consider to be confidential or proprietary.

 

THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

1. The FamilyPlug Services may include links to other web sites or services (“Third Party Websites”) solely as a convenience to Users. FamilyPlug does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, FamilyPlug makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.

2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the FamilyPlug Services are solely between you and such advertiser. You agree that FamilyPlug shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the FamilyPlug Services.

3. FamilyPlug does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.

4. By your use of third party applications that connect with the FamilyPlug Services (“Third Party Applications”), you acknowledge and agree that FamilyPlug may transmit User Submissions to Third Party Websites or Third Party Applications through application protocol interfaces developed and maintained by those Third Party Websites or Third Party Applications.  FamilyPlug is not responsible for the transmission of the User Submissions from the FamilyPlug Services to Third Party Websites or Third Party Applications, nor the use of the User Submissions on any Third Party Websites or Third Party Applications.  You should review the terms of service and privacy policies of any Third Party Websites or Third Party Applications.  FamilyPlug is not responsible for and does not endorse any features, content, or other materials on or available from Third Party Sites or Third Party Applications. FamilyPlug also does not screen, audit, or endorse Third Party Sites or Third Party Applications. Accordingly, if you decide to access Third Party Sites or Third Party Applications, you do so at your own risk and agree that your use of any Third Party Sites or Third Party Applications is on an “as-is” basis without any warranty as to the Third Party Sites or Third Party Applications actions, and that this Agreement does not apply to your use of any Third Party Sites or Third Party Applications.

 

ADVERTISING

FamilyPlug and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you

 

END USER LICENSE

1. Mobile Device. To use the FamilyPlug Software you must have a mobile device that is compatible with the FamilyPlug Services. FamilyPlug does not warrant that the FamilyPlug Services will be compatible with your mobile device.

2. License Grant. Subject to the terms of this Agreement, FamilyPlug hereby grants you a non-exclusive, non-transferable and revocable license to (i) use a compiled code copy of the FamilyPlug Software for one FamilyPlug Services account on one mobile device owned or leased solely by you, for your personal, noncommercial use and (ii) use the FamilyPlug Services (other than the FamilyPlug Software) for your personal, noncommercial use.

3. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the FamilyPlug Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the FamilyPlug Software to any third party or use the FamilyPlug Software to provide time sharing or similar services for any third party; (iii) make any copies of the FamilyPlug Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the FamilyPlug Software, features that prevent or restrict use or copying of any content accessible through the FamilyPlug Software, or features that enforce limitations on use of the FamilyPlug Software; or (v) delete the copyright and other proprietary rights notices on the FamilyPlug Software.

4. Software Upgrades. You acknowledge that FamilyPlug may from time to time issue upgraded versions of the FamilyPlug Software, and may automatically electronically upgrade the version of the FamilyPlug Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement, as well as any modification thereto, will apply to all such upgrades.  You agree that FamilyPlug will not be liable to you for any such modifications.

5. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the FamilyPlug Software or any copy thereof and FamilyPlug or its third party partners or suppliers retain all right, title, and interest in the FamilyPlug Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. FamilyPlug reserves all rights not expressly granted under this Agreement.

6. Trademarks, Service Marks and Logos. The name of this web site is a service mark of FamilyPlug. No use of this mark shall be permitted except through the prior written authorization and permission of FamilyPlug. All rights reserved.

7. App Stores.  You acknowledge and agree that the availability of the FamilyPlug Software is dependent on the third party from which you received the FamilyPlug Software, e.g., the Android dedicated stores (e.g. Google Play) or Apple app store (each, an “App Store”).  You acknowledge that this Agreement is between you and FamilyPlug and not with the App Store.  Each App Store may have its own terms and conditions to which you must agree before downloading the FamilyPlug Software from it.  You agree to comply with, and your license to use the FamilyPlug Software is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.

8. Tokens for sending Users Submissions. You will receive 40 free of charge tokens upon the opening of your Standard User account. You may also receive promotional codes from hospitals or other medical associations working with FamilyPlug. 

Each token has a validity duration of one year (whether such token is used or not) as from its issuance and entitles a Standard User to send to Patients one audio or video message of up to 60 seconds (audio or video) or to send one photo that will display on Patients device during 30 seconds.

Once the free tokens have all been used or when their validity duration has expired, you must buy other tokens in order to send other User Submissions. Such tokens shall be valid under the same conditions as set forth above, at the price that will be indicated from time to time by the Company. No reimbursement shall be made to you if you do not use the tokens within their validity period.

You acknowledge that the tokens’ management is made exclusively through the App Stores and that their payment shall be made by using your App Store account. As a consequence, the App Stores will fully manage the invoicing process with you. Any token that is not tracked by the relevant App Store shall not be of FamilyPlug’s liability.

 

VIOLATIONS; TERMINATION

You agree that FamilyPlug, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate this Agreement and any access to the User Account you have with the FamilyPlug Services or your use of the FamilyPlug Services or any portion thereof and remove and discard all or any part of your User Account or any User Submission, at any time and without any compensation for you (including but not limited to the reimbursement of any paid up License Fee). You agree that any termination of your access to the FamilyPlug Services or any User Account you may have or portion thereof may be effected without prior notice, and you agree that FamilyPlug will not be liable to you or any third-party for any such termination. FamilyPlug does not permit copyright infringing activities on the FamilyPlug Services, and reserves the right to terminate access to the FamilyPlug Services, and remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies FamilyPlug may have at law or in equity.

 

MEDICAL ADVICE DISCLAIMER

FamilyPlug provides the website and the Services, information, content and/or data (collectively, “Information”) contained therein for communication purposes only. We do not provide any medical advice on the website. Using, accessing and/or browsing the Website does not create a physician-patient relationship between you and FamilyPlug. Nothing contained in the Website is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not solely rely on the information contained in the website, and you should consult a physician licensed in your country in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Website.

 

INFORMATION DISCLAIMER

Any opinions of FamilyPlug on the website are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.

The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. FamilyPlug undertakes no obligation to update any Information on the Site; provided, however, that FamilyPlug may update the Information at any time without notice at FamilyPlug’s sole and absolute discretion. FamilyPlug reserves the right to make alterations or deletions to the Information at any time without notice.

 

DISCLAIMERS; NO WARRANTIES

1. The FamilyPlug services are provided “as is”, “as available”, and without warranties of any kind either express or implied. FamilyPlug, and its suppliers and partners, disclaim all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

2. FamilyPlug does not warrant that the functions contained in the FamilyPlug services will be uninterrupted or error-free, that defects will be corrected, or that the FamilyPlug services or the server that makes them available are free of viruses or other harmful components.

3. You (and not FamilyPlug) assume the entire cost of any necessary services or equipment necessary to access the FamilyPlug services.

4. FamilyPlug shall not be held liable for any damage that is not under its direct control, especially in case of damage due to force majeure, such as the intrusion of any staff of the Patient’s hospital in his/her room, whether or not such intrusion is due to emergency or not.

 

INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify, defend, and hold FamilyPlug (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (a) your use or misuse of any location information or of other FamilyPlug services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this agreement. FamilyPlug reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

 

LIMITATION OF LIABILITY AND DAMAGES

1. You acknowledge and agree that FamilyPlug (or its affiliates, contractors, employees, agents, or third-party partners or suppliers) will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) the use, disclosure, display, or maintenance of your location information; (b) your use, misuse or inability to use the FamilyPlug services; (c) the FamilyPlug services generally (including the FamilyPlug software) or systems that make the FamilyPlug services available; or (d) any other interactions with FamilyPlug or any other user of the FamilyPlug services, You agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement.

2. In no event shall FamilyPlug’s (or its affiliates, contractors, employees, agents, suppliers, or third-party partners or suppliers) total liability to you for all damages, losses, and causes of action [arising out of or relating to this agreement or your use of the FamilyPlug services (whether in contract, tort, warranty, or otherwise) exceed the amounts paid by you for accessing the FamilyPlug services during the twelve (12) months immediately preceding the date of your claim or thirty (30) Euros, whichever is greater.

 

BENEFIT OF THE BARGAIN

You acknowledge and agree that FamilyPlug has offered the FamilyPlug services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth above. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and FamilyPlug, and that the warranty disclaimers and the limitations of liability set forth in this agreement form an essential basis of the bargain between you and FamilyPlug. FamilyPlug would not be able to provide the FamilyPlug services to you on an economically reasonable basis without these limitations and disclaimers.

 

RELEASE

You hereby release and forever discharge FamilyPlug (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Submissions provided by, other FamilyPlug service users or (2) any third party site, products, services, and links included on or accessed through the FamilyPlug service.

 

FINAL PAYMENTS

Any and all payments made for the use and access to any FamilyPlug Services and FamilyPlug Software are final and all charges are nonrefundable. You will not receive a refund for any payment amount in relation to any items or products within FamilyPlug (whether used or unused).

We reserve the right at any time to modify our fees from time to time for access to portions of the FamilyPlug Services, FamilyPlug Software or the FamilyPlug Services or FamilyPlug Software as a whole.

 

MISCELLANEOUS

 

    1. If the whole or any part of this Agreement is or becomes or is declared illegal, invalid or unenforceable in any jurisdiction for any reason (including both by reason of the provisions of any legislation and also by reason of any court or competent authority which either has jurisdiction over this Agreement or has jurisdiction over any of the Parties):
      1. in the case of the illegality, invalidity or un-enforceability of the whole of this Agreement it shall terminate only in relation to the jurisdiction in question; or
      2. in the case of the illegality, invalidity or un-enforceability of part of this Agreement that part shall be severed from this Agreement in the jurisdiction in question and that illegality, invalidity or un-enforceability shall not in any way whatsoever prejudice or affect the remaining parts of this Agreement, which shall continue in full force and effect.

 

2. No Party shall be deemed to have waived any of its rights or remedies under this Agreement unless the waiver is expressly made in writing and signed by a duly authorised representative of that Party. In particular, no delay or failure of any Party in exercising or enforcing any of its rights or remedies under this Agreement shall operate as a waiver of those rights or remedies nor shall any single or partial exercise or enforcement of any right or remedy by any Party preclude or impair any other exercise or enforcement of that right or remedy by that Party.

 

3. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, without giving effect to any principles of conflicts of law.

 

4. Jurisdiction. Except as set forth below, you agree that any action at law or in equity arising out of or relating to this Agreement or the FamilyPlug Services shall be filed only in the Grand Duchy of Luxembourg and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.  Nothing in this Agreement shall prevent FamilyPlug from seeking injunctive relief in a court of competent jurisdiction.

 

5. Mediation. If a dispute arises between you and FamilyPlug, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly.  You agree that prior to initiating any legal action, you will notify us about any dispute you have with FamilyPlug regarding the FamilyPlug Service or FamilyPlug Software by emailing contact@familyplug.healthcare.

 

6. App Stores additional terms and conditions.  To the extent the other terms and conditions of this Agreement are less restrictive than the App Stores’ terms and conditions, or otherwise conflict with such terms and conditions, the more restrictive terms and conditions shall apply.

 

6.1. Acknowledgement: FamilyPlug and you acknowledge that this Agreement is concluded between FamilyPlug and you only, and not with any other entity (e.g. Apple or Google), and FamilyPlug, not any other entity or App Store, is solely responsible for FamilyPlug Software and the content thereof.  To the extent this Agreement provides for Usage Rules for FamilyPlug Software or Services that are less restrictive than those set forth in the App Stores’ terms and conditions, or otherwise are in conflict with same, the more restrictive App Stores’ terms and conditions shall apply.

 

6.2. Scope of License: The license granted to you for FamilyPlug Software and Services is limited to a non-transferable license to use FamilyPlug Software and Services on an iOS or Android Product that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.

 

6.3. Maintenance and Support: FamilyPlug is solely responsible for providing any maintenance and support services with respect to FamilyPlug Software, as specified in this Agreement (if any), or as required under applicable law. FamilyPlug and you acknowledge that no other entity or App Store have any obligation whatsoever to furnish any maintenance and support services with respect to FamilyPlug Software.

 

6.4. Warranty: FamilyPlug is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of FamilyPlug Software to conform to any applicable warranty, you may notify the App Stores in order to ask a refund; and to the maximum extent permitted by applicable law, the App Stores will have no other warranty obligation whatsoever with respect to FamilyPlug Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be FamilyPlug’s sole  responsibility.

 

6.5. Product Claims: FamilyPlug and you acknowledge that FamilyPlug, not any other entity or App Store, is responsible for addressing any claims of you or any third party relating to FamilyPlug Software or your possession and/or use of FamilyPlug Software, including, but not limited to: (i) product liability claims; (ii) any claim that FamilyPlug Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit FamilyPlug’s liability to you beyond what is permitted by applicable law.

 

6.6. Intellectual Property Rights: FamilyPlug and you acknowledge that, in the event of any third party claim that FamilyPlug Software or your possession and use of FamilyPlug Software infringes that third party’s intellectual property rights, FamilyPlug, not any other entity or App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

6.7. Developer Name and Address: FamilyPlug‘s contact information for any end-user questions, complaints or claims with respect to FamilyPlug Software is set forth on the publicly accessible website.

 

6.8. Third Party Beneficiary: FamilyPlug and you acknowledge and agree that the App Stores, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, the App Stores will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

 

Effective Date, September 15, 2016

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