First Smiles - Terms & Conditions
Those terms were last updated on May 4 2024
Please read these Terms and Conditions ("Terms", "Terms and Conditions")
carefully before using the First Smiles mobile application (the "Service")
operated by Klein (Innowarmth) ("us", "we", or "our"). By accessing or
using the Service you agree to be bound by these Terms. If you disagree
with any part of the terms then you do not have permission to access the
Service.
1. Accounts
When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of your
account on our Service.
1.1 Anonymous Accounts
You can decide to use our mobile application with anonymous accounts. When
you use our application without creating an account, your data will still be
synced to Firebase using an anonymous identifier. This allows us to provide
you with a seamless experience while maintaining your privacy. Please note
that while your data is associated with an anonymous identifier, it is still
subject to the terms outlined in this privacy policy.
Pictures are not stored at this time
2. User Content
You are responsible for the Content that you post to the Service, including
its legality, reliability, and appropriateness. By posting Content to the
Service, you grant us the right and license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content on and
through the Service. You retain any and all of your rights to any Content
you submit, post or display on or through the Service and you are
responsible for protecting those rights.
Photographs of Children:
You must have explicit permission from the legal guardians of any children
whose photographs are uploaded to the Service. Photographs must not contain
inappropriate content and should respect the privacy and dignity of the
child. We have the right to remove any photograph that we consider
inappropriate or in violation of these Terms.
3. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with
these Terms. You agree not to use the Service: In any way that violates any
applicable national or international law or regulation. For the purpose of
exploiting, harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content or otherwise. To transmit, or procure
the sending of, any advertising or promotional material without our prior
written consent.
4. Termination
We may terminate or suspend your account immediately, without prior notice
or liability, for any reason whatsoever, including without limitation if you
breach the Terms.
5. Indemnification
You agree to defend, indemnify, and hold harmless KLEIN (Innowarmth) and its
licensee and licensors, and their employees, contractors, agents, officers,
and directors, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited
to attorney's fees), resulting from or arising out of a) your use and access
of the Service, by you or any person using your account and password, or b)
a breach of these Terms.
6. Limitation Of Liability
In no event shall KLEIN (Innowarmth), nor its directors, employees,
partners, agents, suppliers, or affiliates, be liable for any indirect,
incidental, special, consequential or punitive damages, including without
limitation, loss of profits, data, use, goodwill, or other intangible
losses, resulting from (i) your access to or use of or inability to access
or use the Service; (ii) any conduct or content of any third party on the
Service; (iii) any content obtained from the Service; and (iv) unauthorized
access, use or alteration of your transmissions or content, whether based on
warranty, contract, tort (including negligence) or any other legal theory,
whether or not we have been informed of the possibility of such damage, and
even if a remedy set forth herein is found to have failed of its essential
purpose.
7. Governing Law
These Terms shall be governed and construed in accordance with the laws of
France, without regard to its conflict of law provisions.
8. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR
SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE
PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF
ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT
OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD
THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY
NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
In no event shall Klein (Innowarmth) be liable for any indirect, incidental,
consequential, special, or exemplary damages, or for any damages for loss of
profits, use, data, goodwill, or other intangibles, even if Klein
(Innowarmth) has been advised of the possibility of such damages, resulting
from (i) your use or inability to use the Service, (ii) unauthorized access
to or alteration of your transmissions or data, or (iii) any other matter
relating to the Services.
9. Contact Us
If you have any questions about these Terms, please contact us at
innowarmth@gmail.com.
10. AMENDMENT
Klein (Innowarmth) reserves the right, at its sole discretion, to modify or
replace any part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the
Application following the posting of any changes to this Agreement
constitutes acceptance of those changes. Klein (Innowarmth) may also, in the
future, offer new services and/or features through the Application
(including, the release of new tools and resources). Such new features
and/or services shall be subject to the terms and conditions of this
Agreement. At some point, we may wish to update the app. The app is
currently available on Android & iOS – the requirements for the both
systems(and for any additional systems we decide to extend the availability
of the app to) may change, and you’ll need to download the updates if you
want to keep using the app. Klein (Innowarmth) does not promise that it will
always update the app so that it is relevant to you and/or works with the
Android & iOS version that you have installed on your device. However, you
promise to always accept updates to the application when offered to you, We
may also wish to stop providing the app, and may terminate use of it at any
time without giving notice of termination to you. Unless we tell you
otherwise, upon any termination, (a) the rights and licenses granted to you
in these terms will end; (b) you must stop using the app, and (if needed)
delete it from your device. If you’re using the app outside of an area with
Wi-Fi, you should remember that the terms of the agreement with your mobile
network provider will still apply. As a result, you may be charged by your
mobile provider for the cost of data for the duration of the connection
while accessing the app, or other third-party charges. In using the app,
you’re accepting responsibility for any such charges, including roaming data
charges if you use the app outside of your home territory (i.e. region or
country) without turning off data roaming. If you are not the bill payer for
the device on which you’re using the app, please be aware that we assume
that you have received permission from the bill payer for using the app.
10. Termination
We may terminate or suspend access to our Service immediately, without prior
notice or liability, for any reason whatsoever, including without
limitation if you breach these Terms or our Privacy Policy or any other reason.
11. Changes
We may update our Terms from time to time to reflect changes to our data
handling practices or for other operational, legal, or regulatory reasons.
We will notify you of any significant changes by posting the updated policy
on this page. It is important that you review the new policy carefully.
Changes will be effective as soon as they are posted on this page.
Continuing to use our service after the changes have been posted signifies
your acceptance of the updated terms.
12. Contact
If you have any questions or suggestions about our Terms and Conditions, do
not hesitate to contact us at innowarmth@gmail.com
BY USING First Smiles, YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.