Terms of Use for PregTracker by Digital Partner Group GmbH

  1. Introduction

1.1 These terms of use (the "Terms") apply to the mobile application PregTracker (the "App"), which is provided by Digital Partner Group GmbH (the "Company"), company registration number HRB 213984 having its registered address at Ferdinand-Koch-Street 31, 26133 Oldenburg, Germany.

  1. Acceptance of the Terms

2.1 By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not download, access, or use the App.

  1. License to Use the App

3.1 Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal mobile device.

3.2 You may not: (a) modify, adapt, or hack the App or attempt to do so; (b) rent, lease, lend, sell, redistribute, or sublicense the App; (c) use the App for any commercial purpose; (d) decompile, reverse engineer, or disassemble the App; (e) remove, alter, or obscure any proprietary notices (including copyright notices) on the App; or (f) create any derivative works from the App.

3.3 You are solely responsible for any data charges or other fees that may be incurred by accessing or using the App.

  1. Use of the App

4.1 The App is intended for use by individuals who are pregnant or trying to conceive. The information and tools provided by the App are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always consult with a qualified healthcare provider before making any decisions or taking any actions related to your pregnancy or healthcare.

4.2 The App may provide access to third-party websites or services, including links to social media platforms. The Company is not responsible for the content, accuracy, or reliability of any third-party websites or services, and the inclusion of any links to such websites or services does not imply endorsement by the Company.

4.3 You are solely responsible for your use of the App and any information, content, or material that you upload, post, or otherwise make available through the App. You agree to use the App only for lawful purposes and in compliance with all applicable laws, rules, and regulations. You may not use the App in any way that: (a) infringes or violates the rights of others; (b) is fraudulent, false, misleading, or deceptive; (c) is defamatory, obscene, vulgar, or offensive; (d) promotes discrimination, bigotry, racism, hatred, or harm against any individual or group; (e) violates any applicable laws, rules, or regulations; or (f) encourages or promotes illegal or harmful activities.

4.4 You acknowledge that the Company does not pre-screen, monitor, or review the information or material that is uploaded, posted, or otherwise made available through the App, and the Company is not responsible for any such information or material. However, the Company reserves the right, at its sole discretion, to remove any information or material that violates these Terms or is otherwise inappropriate or offensive.

  1. Privacy and Security

5.1 The Company is committed to protecting the privacy and security of your personal information. The Company's Privacy Policy, which is available on the App and on the Company's website, explains how the Company collects, uses, and shares your personal information. By using the App, you agree to the collection, use, and sharing of your personal information in accordance with the Privacy Policy.

5.2 The App may provide tools for you to track and monitor your pregnancy, such as a weight and belly size tracker, checklists, and a kick counter. You may also use the App to generate baby names, access a food guide, and use a contraction timer. The App offers personalized pregnancy workouts and suggested questions for your doctor visit. In addition, the App has a journal function in the form of a timeline where you can record your journal entries. You can also see your baby grow in 3D and view size comparisons of your fetus with different fruits or sweets. However, no user-generated content is visible to other users - only the user who uploaded the content can view it.

  1. Intellectual Property Rights

6.1 The App and all content, materials, and other information available on or through the App, including without limitation all text, graphics, images, audio, video, and other multimedia content, and the design, layout, and "look and feel" of the App, are the property of the Company and its licensors, and are protected by intellectual property laws, including copyright and trademark laws.

6.2 The App, and all content, materials, and other information available on or through the App, are provided for your personal, non-commercial use only. You may not use any content, materials, or other information available on or through the App for any commercial purpose without the prior written consent of the Company.

6.3 The trademarks, service marks, and logos of the Company and its licensors (the "Marks") are the property of the Company and its licensors, and may not be used without the prior written consent of the Company. You may not use the Marks or any confusingly similar marks, or any marks that are likely to cause confusion or dilute the distinctiveness of the Marks, for any purpose without the prior written consent of the Company.

  1. Disclaimer of Warranties

7.1 THE APP AND ALL CONTENT, MATERIALS, AND OTHER INFORMATION AVAILABLE ON OR THROUGH THE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE APP OR ANY CONTENT, MATERIALS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE APP OR ANY CONTENT, MATERIALS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE APP WILL BE ACCURATE, COMPLETE, RELIABLE, UP-TO-DATE, OR TIMELY. THE APP AND ALL CONTENT, MATERIALS, AND OTHER INFORMATION AVAILABLE ON OR THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.

7.3 THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.4 THE COMPANY AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE APP OR ANY CONTENT, MATERIALS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE APP.

7.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIABILITY OF THE COMPANY AND ITS LICENSORS WILL BE

7.6 THE COMPANY'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE APP, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT THAT YOU HAVE PAID TO THE COMPANY FOR THE APP.

  1. Term and Termination

8.1 These Terms shall remain in full force and effect while you use the App. 8.2 The Company may terminate these Terms or suspend your access to the App at any time, with or without cause, and with or without notice. 8.3 Upon termination of these Terms, your right to use the App will immediately cease.

  1. Governing Law

9.1 These Terms and your use of the App shall be governed by and construed in accordance with the laws of Germany, without giving effect to any principles of conflicts of law.

  1. Dispute Resolution

10.1 Any dispute arising from or relating to these Terms or your use of the App shall be resolved through binding arbitration in accordance with the German Arbitration Act.

  1. Miscellaneous

11.1 These Terms constitute the entire agreement between you and the Company with respect to the App, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company.

11.2 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

11.3 These Terms constitute the entire agreement between you and the Company regarding the use of the App, and supersede any prior agreements or understandings.

11.4 The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

11.5 Any disputes arising out of or in connection with these Terms or the App will be governed by the laws of Germany and will be resolved exclusively in the courts of Germany.

11.6 The App may be translated into other languages, but in the event of any conflict or inconsistency between the English version of these Terms and any translation, the English version will prevail.

11.7 The App is not intended for use by individuals under the age of 18. By using the App, you represent and warrant that you are at least 18 years old.

11.8 The Company may change these Terms from time to time, and any changes will be effective immediately upon posting. By continuing to use the App after any changes are made, you agree to be bound by the revised Terms. It is your responsibility to check these Terms periodically for any changes.

11.9 If you have any questions, comments, or concerns about these Terms or the App, please contact the Company at pregtracker@digitalgroup.de.


Contact Information

Digital Partner Group GmbH
Ferdinand-Koch-Street 31
26133 Oldenburg
Germany

Represented by: Joshua van Vliet