Terms and Conditions
Feb 18, 2022
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
Tekniikantie 12, 02150 Espoo Finland
+358 40 7304060, firstname.lastname@example.org
Business ID 2913702-7
(“Harald AI or we”), develop and operate a mobile application, Happy Bob App, and desktop dashboard, Dashbob, 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 and the online desktop version Dashbob 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” or “you”.
1.2 Scope of our T&Cs
1.2.1 We exclusively offer our Products based on the current version of these General Terms and Conditions (T&Cs), this applies globally. However, please note that some functions of our Products may only be available and/or prohibited to use in certain territories. 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. The up-to-date applicable T&Cs are available on our website.
1.3 Third-party suppliers
1.3.1 You will find our Products in the app stores or available online. 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.
1.3.3 You may also need to provide a separate consent or an authorization for a third-party and/or to Harald AI for the transfer of data (either from third-party to Harald AI or from Harald AI to a third-party) in order for us to be able to provide you with some functions of our Products.
2. 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 CONSENT FOR THE NECESSARY DATA PROCESSING, USE OF THE PRODUCTS IS NOT POSSIBLE.
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.
3. CONCLUDING THE CONTRACT AND REGISTRATION
3.1 Purchase of and payment for our Products
3.1.1 Our Products can be downloaded and/or purchased through:
App stores (such as Apple App Store) that 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 the provision of 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.
3.1.3 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 remains 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. 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 he has been exposed to such a risk, this must be notified without delay to email@example.com. We have the right to block the user account of any User if it is used for wrongful or fraudulent intentions or Harald AI suspects that it may be used in such manners.
Happy Bob App account holders may access our Products first through a free trial and then a paid subscription. :
If you purchase our Products, you agree to pay us the applicable fees, including applicable taxes. If you do not pay these fees, we will not terminate your right to use the Products.
When you purchase a subscription, your payment method will be charged automatically at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel your subscription before the renewal date.
If you make a payment through a third-party application store (such as App Store or Google Play based on your Apple or Google account), your purchase will be subject to such third party’s applicable payment policy. Additionally, any refunds will be handled according to those policies and not provided by Harald AI.
4. 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.
4.1.3 If you have questions on your usage term or its ending, please contact firstname.lastname@example.org 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. Such a reason may be for example a serious infringement 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 right to save and use our Products for your own personal purposes according to these T&Cs.
4.3.2 The software, code, methods, and systems as well as the content of our Products are protected by 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 rights in and related to the Products are owned exclusively by Harald AI or an affiliated company or Harald AI’s third party licensor.
4.3.3 If 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, the User understands and accepts that Harald AI has no responsibility, guarantee, liability, or obligation to provide or keep 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 email@example.com any time.
4.4.3 User acknowledges and agrees that certain functions of the Products require for Harald AI to receive data from third parties based on an authorization or consent given by the User, and if User revokes or does not give such an authorization or consent, these functions will not be available for the User.
4.5 Changes to the Products
Harald AI may change, suspend or end the provision of Products or any part of them at any time. Harald AI does not promise to store or keep showing any information that you have submitted into the Products.
5. 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 . The devices and operating systems that are compatible with the Products can be found in the app stores.
5.1.2 User is also obliged to use our Products exclusively in compliance with these T&Cs and the applicable statutory provisions as well as avoiding all wrongful and unlawful use. User shall inform Harald AI immediately if they discover any breaches of the duties stated in this section at firstname.lastname@example.org.
5.2 Abuse and restrictions of use
5.2.1 Each User is obliged to submit their geographical location truthfully, to keep their registration data 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 User’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.
5.2.4 Some functions of the Products are not available and/or are prohibited to use in certain territories. User agrees to not use such location restricted functions outside of the territory for which Harald AI has enabled these functions.
5.2.5 Users are not allowed to use Products in any way or connection with automated insulin delivery systems, as part of active patient monitoring or any other use specified by Harald AI as being prohibited or restricted at any time.
6. OUR RESPONSIBILITY
6.1 No warranty and liability
6.1.1 THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE BASIS AND HARALD AI MAKES NO REPRESENTATIONS THAT THE USE OF PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW HARALD AI ALSO DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HARALD AI, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, REPUTATION, LOSS OF DATA (E.G. DOWNTIME, LOSS OF USE OR CHANGES TO USER DATA OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
IN ANY EVENT, HARALD AI’S AND ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY USER TO HARALD AI FOR THE PRODUCTS DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RAISE TO A CLAIM.
6.1.4 Harald AI also does not guarantee that data could not be tracked, recorded, or falsified by third parties during data transfer via third-party systems, in particular the Internet and other telecommunication networks. Harald AI does not in any way warrant the accuracy or correctness of the data or content presented within the Products regardless of the source of data.
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 through our Products by the User or third-parties 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.
7. FINAL PROVISIONS
7.1 Choice of law
Finnish law is applied to these T&Cs, excluding its choice of law rules or principles. If User is a consumer, and if mandatory consumer protection regulation in User’s country of residence contains provisions that are more beneficial to the User, such provisions shall apply irrespective of the choice of Finnish law.
7.2 Place of jurisdiction
Harald AI aims to resolve any issues directly with the Users. However, in case of a disagreement, any disputes relating to the Products shall be resolved in the district court of Länsi-Uusimaa, 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.