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.