Terms and Conditions
August 4, 2019
Thank you for visiting the Happy Bob website, https://happybob.app, which is hosted and operated by Harald AI Oy.
Terms and conditions (T&Cs)
1.1 Our products
1.1.1 We, Harald AI Oy
Luonnottarenpolku 8, 02100 Espoo Finland
+358 40 7304060, email@example.com
Business ID 2913702-7
(“Harald AI”), develops and operates a mobile application, Happy Bob App, for persons with diabetes.
Harald AI is a digital health company and wants to offer persons with diabetes a rewarding diabetes management app Happy Bob in order to help in daily diabetes and blood glucose management.
1.1.2 Our App provides information and content that has been assembled with care and to the very best of our knowledge from internal and external sources. We nevertheless wish to emphasize that our Products and services are only to be used to provide you with information and to build awareness but they cannot replace consultation with and diagnosis by a healthcare professional. Under no circumstances does Harald AI issue medical therapy recommendations or medical advice of any kind. For questions on the illness and therapy, we recommend contacting a healthcare professional. The data provided must only be analyzed by you and your healthcare professional. No content – no matter whether provided by Harald AI itself, our cooperation partners, or users – can be understood as supplementing or replacing information from a healthcare professional or pharmacist.
1.1.3 Harald AI offers Happy Bob App for managing your diabetes. For the sake of simplicity, all current and future apps, services, and bundles (including new versions, updates, and other improvements) that Harald AI provides in any way, are subsequently referred to jointly as “Products” or individually as a “Product”. Each person who acquires and uses one or more of our Products is referred to jointly as “Users” or individually as “User”. If these T&Cs refer to natural persons using the male form, they apply equally to all people.
1.1.4 In connection with these T&Cs, the following term definitions apply to individual Products:
Happy Bob is an independent mobile application (app) for your smartphone that tracks your continuous glucose monitor (CGM) data and turns that into stars you can collect. Happy Bob also calculates an estimate for your future blood glucose, based on your individual CGM data from the past months. The estimate requires enough of data points in order to be accurate and should never be taken as medical advice.
1.2 Scope of our T&Cs
1.2.1 We exclusively offer our Products on the basis of the current version of these General Terms and Conditions (T&Cs), this applies globally. Harald AI explicitly opposes contradictory business or other usage terms.
1.2.2 Please note that before using our Products for the first time you must consent to all of the declarations and agreements referred to and accept them during any further usage. The registration and use of our Products is prohibited without your consent to our T&Cs.
1.2.3 We explicitly reserve the right to make future changes and factually justified modifications to our T&Cs. Changes may be necessary to meet statutory requirements, correspond to technical and economic requirements, or meet the interests of our Users.
1.3 Third-party suppliers
1.3.1 You will find our Products in the app stores. In general, the business terms of the relevant third-party supplier (over which we have no influence) apply there; these are not part of our T&Cs nor our contractual relationship with you as the User of our Products. This also applies to the business terms and conditions of your mobile device or service supplier.
1.3.2 We work with various partners to ensure the optimal use of our Products. These include cooperation partners that supply us or our Users directly with certain Products (e.g. continuous glucose monitor). In these cases, we explicitly emphasize the applicable business terms of a third-party supplier or you must accept such business terms anyway before you can acquire one of our Products via a third-party supplier.
- DATA PROTECTION
We are aware of the major responsibility that comes with your use of our Products. Not only do you provide us with general personal data but also with data on your health. In our Privacy Notice we inform you about the use and protection of your data in connection with using our Products and on your consent required for this.
WITHOUT YOUR PRIVACY CONSENT FOR THE NECESSARY DATA PROCESSING, USE OF THE PRODUCTS IS NOT POSSIBLE IN LEGAL OR ACTUAL TERMS.
Our Privacy Notice is not part of these T&Cs but rather is only used to provide you with information under the GDPR on the basis of which you issue your consent for the necessary data processing.
- CONCLUDING THE CONTRACT AND REGISTRATION
3.1 Purchase of and payment for our products
3.1.1 Our products can be purchased by:
App stores (such as Apple App Store) offer our products. Please note that to download (not: use) our products, the separate business terms of the app store apply and these may require a user account.
3.1.2 We explicitly reserve the right to restrict free Products at any time, stop them completely, or charge a fee for them. No legal right for the future can be derived from the free use of individual Products or parts thereof for a particular period.
3.1.5 Harald AI can also make special and free offers that are subject to additional conditions or restrictions. In this regard we explicitly refer to any variances from these T&Cs while otherwise the full content of these T&Cs remain applicable. Special or free offers cannot be transferred to other Users.
3.2 Registration and activation
3.2.1 The use of our Products requires your registration with Harald AI in our apps. As soon as you have activated our Product for the first time, you must register using an email address and password.
3.2.2 By registering, the User agrees to his binding offer to conclude a contract with Harald AI for the use of our Products on the basis of the applicable version of these T&Cs. We explicitly accept such offer, at the latest by activating your user account.
3.2.3 The activation is confirmed to you directly after registration by allowing you to access our App. We reserve the right to reject individual Users or their offer to conclude a contract without stating a reason. In such a case any User data provided will be deleted immediately.
3.2.4 Upon registration, the User confirms that he is at least sixteen years old and that applicable law permits him to conclude contracts. Only people with legal capacity are permitted to register. Minors are only permitted with the explicit agreement of a parent/guardian. With the registration, the parent/guardian declares they are entitled to submit legally binding declarations in the name of the minor.
3.2.5 On registration, the User confirms their acknowledgement and unrestricted acceptance of the contents of these T&Cs and that their information is true, correct, up-to-date, and complete; they are also obliged to regularly update their personal information. We reserve the right to contact Users at any time to verify registration data and usage information.
3.2.6 If the User provides false, incorrect, out-of-date, or incomplete information or we have just cause for believing that information is false, incorrect, out-of-date, or incomplete, Harald AI is entitled to block the relevant user account with immediate effect without prior notice and prohibit the use of our Products without being obliged to repay the User for the costs incurred.
3.2.7 The User must protect their registration data from unauthorised access by third parties, abuse, or use with fraudulent intent. If there is even a suspicion that the has been exposed to such a risk, this must be notified without delay to firstname.lastname@example.org. We have the right to block the user account of any User if it is used for wrongful or fraudulent intentions.
- USE OF OUR PRODUCTS
4.1 Usage term and termination
4.1.1 Your right to use our Products starts with registration and activation by Harald AI.
4.1.2 You can use our free Products without any time restriction.
4.1.3 If you have questions on your usage term or its ending, please contact email@example.com at any time.
4.2 Lock out and exclusion
4.2.1 We reserve the right to temporarily lock out Users at any time for any important reason (at our discretion) or to permanently exclude them from using our Products.
4.2.2 An important reason occurs, in particular, for serious infringements by a User against the provisions of these T&Cs.
4.3 License and the granting of rights
4.3.1 With your registration and activation, you acquire the non-exclusive, non-transferable but geographically unrestricted right to save and use a copy of our app for your own purposes within the framework of these T&Cs.
4.3.2 The software, code, methods, and systems as well as the content of our Products are protected by copyright and competition law and may exclusively be used by Harald AI. Our Products or parts thereof may not be copied, modified, reproduced, republished, posted, transferred, sold, offered for sale, resold, or used in any other way without our prior, written consent. Users are not permitted to use brands, logos, other commercial property rights or trademark rights of Harald AI. Unless otherwise provided by these T&Cs, all of the usage and exploitation rights are owned exclusively by Harald AI or an affiliated company and there is no licensing of any kind for our Products.
4.3.3 If this is required for the technical provision of our Products, each User grants Harald AI a non-exclusive, revocable but free, transferable exploitation and usage right, unrestricted in terms of time and location, to the content that they generate, transfer, store, or publish within our Products. Usage or exploitation is however excluded if this disproportionally adversely affects the legitimate interests of the User (e.g. privacy rights). In the event of usage outside our Products, if appropriate, we will indicate that the content comes from the User. Harald AI does not claim any ownership of created content and will not assume any supervisory function with regard to content created by Users.
4.4 Availability of our Products
4.4.1 We provide our Products in each case in accordance with the existing technical, economic, operational, and organizational possibilities. Harald AI cannot exclude any interruptions, disturbances, delays, deletions, incorrect transmissions, or storage failures in connection with using our Products or communication with Users. We partly offer our Products in cooperation with third-party suppliers and are therefore also dependent on the technical provision of third-party services. Therefore Harald AI accepts no responsibility, guarantee, liability, or obligation to provide our Products online at all times without interruptions.
4.4.2 This also applies to restrictions in using our Products due to force majeure, strikes, lockouts, and official instructions or due to technical modifications or maintenance work on the Harald AI systems. In the event of disruptions or failures of our Products, please contact firstname.lastname@example.org any time.
- YOUR BEHAVIOR
5.1 General information
5.1.1 Each User is entitled and obliged to use our Products at their own risk and expense whilst deploying suitable technical equipment. The devices and operating systems that are compatible with the Products can be found in the app stores or requested at any time from email@example.com.
5.1.2 You are also obliged to use our Products exclusively in compliance with these T&Cs and the statutory provisions as well as avoiding all wrongful use. Please inform us immediately if you discover any breaches of the duties stated in this section at firstname.lastname@example.org.
5.2.1 Each User is obliged to state their registration data truthfully, to keep it up-to-date and complete as well as not to pass it on to any third party. Personal data must be treated confidentially, managed carefully and backed up under one’s own responsibility. Harald AI accepts no liability or other guarantees for lost or damaged data or content if this is not our fault.
5.2.2 Content such as photos, images, texts, videos, or other depictions may only be stored, published, transferred, or distributed in connection with our Products if the User has the right to transfer or use them. In all cases the use of racist, offensive, discriminatory, defamatory, sexual, pornographic, violent, or other illegal content of all kinds is always prohibited.
5.2.3 Furthermore it is prohibited to decrypt, reverse engineer, decompile, or disassemble our Products. Each User is obliged not to undertake any disruptive interferences by technical or electronic means in our Products or networks of Harald AI (in particular hacking attempts, brute force attacks, introducing viruses, worms, trojan horses, other malicious software) nor any type of attempted disturbance that might affect the software or hardware of the Products and systems of Harald AI.
- OUR RESPONSIBILITY
6.1 Guarantee and liability
6.1.1 Unless otherwise provided by these T&Cs, Harald AI is liable and provides guarantees as laid down by the statutory provisions.
6.1.2 With regard to Users who are not consumers, liability for financial losses, consequential damages, lost profit, and damages resulting from third-party claims is excluded. If our liability is limited or excluded in these T&Cs, this applies equally to vicarious agents and affiliated companies of Harald AI.
6.1.3 Outside the application scope of product liability legislation, the liability of Harald AI is limited to deliberate acts and gross negligence – with the exception of personal injury. The liability for slight negligence is excluded when faced with consequential objective justifications.
6.1.4 Harald AI provides no guarantee for our Products being completely available without interruption and without errors or that the required software and hardware operates without errors. We can also not exclude the possibility that data could be tracked, recorded, or falsified by third parties during data transfer via third-party systems, in particular the Internet and other telecommunication networks.
6.1.5 Harald AI accepts no guarantee for downloaded content or material that Users have received as a result of using our Products. The User is solely liable for all damage that could be created in their IT system or devices or for the loss of data as a result of downloading materials associated with our Products.
6.1.6 Furthermore Harald AI is not liable for third-party content such as external links, banners, other information, or advertising offers from third parties that can be placed as part of our Products. If we enable access to the offers of third parties via notifications or links, Harald AI is not responsible for the information contained therein. Resulting legal transactions with third parties lead exclusively to contractual relationships between the User and the relevant third party. We accept no guarantee or other liability for the services of third parties.
6.2 Disclaimer and indemnification
6.2.1 The use of our Products does not replace consultation with a healthcare professional or other medical advice and is undertaken exclusively at the User’s own risk. This applies in particular to using the data provided as part of our Products by the User including blood glucose results, predictions, calculations, and any recommendations. The User explicitly acknowledges that such data may be defective and Harald AI accepts no responsibility for it being correct.
6.2.2 To the extent required by applicable medical devices law governing the use of the Products, the Products may only be operated or used exclusively as per the purpose, specifications, and application areas as laid down in the offer and usage terms.
6.2.3 The User will indemnify Harald AI against all third party claims arising against Harald AI as a result of the wrongful infringement of its rights by the User with regard to use of our Products. All other claims for damages by Harald AI against the User remain unaffected.
6.2.4 The User accepts full liability for all damage and disputes in and out of court arising from conflicts with other Users. The User explicitly acknowledges that Harald AI is under no circumstances responsible for actions or omissions by other Users and any resulting damage.
6.2.5 In the event of claims being raised against Harald AI by third parties, the User is obliged to immediately provide all of the information available to them truthfully and in full as is required to review, defend, and prevent claims by third parties. The User bears the costs of any necessary legal defense by Harald AI, including all court and legal costs in the statutory amount.
- FINAL PROVISIONS
7.1 Choice of law
These T&Cs and the entire legal relationship between Harald AI and the User is subject exclusively to Finnish law, with the exception of its reference provisions and the UN Sales Convention. However as a consumer the User enjoys the protection of mandatory provisions in the country in which they are located or habitually resident.
7.2 Place of jurisdiction
The place of fulfillment and sole court of jurisdiction for all disputes arising from these T&Cs is agreed as the head office of Harald AI in Finland. Mandatory conflicts of laws in favor of consumers remain unaffected.
7.3.1 If notification or the written form is required by these T&Cs (including for legally important declarations), transmission by email to the address stated on registration (user account) is sufficient.
7.3.2 Users are not entitled to transfer their user account or rights and obligations from these T&Cs in connection with the use of our Products to third parties. Harald AI can transfer their rights and obligations from these T&Cs to another company or third party if such a transfer has no significant effects on the rights of the User from these T&Cs.
7.3.3 If individual provisions of these T&Cs are or become ineffective, the other provisions of these T&Cs not affected by the invalidity remain valid and applicable.