General Terms and Conditions and Privacy Policy for the application "Infidelity ER"

1.THE GENERAL DATA PROTECTION REGULATION (GDPR)

As of the 25th of May, 2018, a new data protection regulation in the European Union called the General Data Protection Regulation (GDPR) came into force. With this new regulation, your personal data will be better protected. Personal data is information that can be directly or indirectly linked to a natural person. Examples of personal information include name, social security number, address, telephone number and email address.

The Infidelity ER values your personal integrity. For us, this is a top priority. We design our activities with your privacy in mind. Through both technical and organisational security measures, we ensure that your privacy is not violated. The goal of the Infidelity ER is that you should always feel safe and secure when using the Infidelity ER app.

2.INTRODUCTION – LIABILITY AND PARTIES

If you use the Services of the Infidelity ER, you should always be aware of how we handle your personal information. Due to the new regulations, we have adapted and clarified this in our privacy policy. These Terms ("Terms of Use") apply to the service ("Service" or "Infidelity ER") that we provide through our Infidelity ER application ("Application" or "Infidelity ER"). We who provide the Service are Relationskonsulten Stockholm AB, corporate identity number 559044-3635 at the address Pontonjärgatan 12, 1 tr 112 22 Stockholm. By agreeing to the Terms of Service, you enter into an agreement between yourself and us. If you do not agree to these Terms of Use, please do not use the Service.

3.THE SERVICE

Infidelity ER is a digital service that you can use to develop your relationships. The Infidelity ER is the first application with the aim of urgently dealing with damage caused by imbalances in relationships and helping you and your partner to create a richer life through learning and personal development. The application should not be used as a substitute for psychological or medical assistance when required.

Everyone who uses the Service is described in these Terms of Use as “User” which also includes you as a party to the Terms of Use. Individuals under the age of 18 may not use the Service without the consent of their parent or guardian.

4.AUTHORISED USES

You may only use the Service in accordance with its intended purpose and these Terms of Use. Provided that you do not violate the Terms of Use, you are granted a non-exclusive license to use the Service for its intended purpose. You may not assign the license to anyone else and we reserve the right to withdraw the license if you violate the Terms of Use. You may not, in whole or in part, copy or modify the Infidelity ER, decompile, modify, or perform reverse engineering on the Infidelity ER or its components. It is not permitted to reproduce the source code or its functionality, or make copies of or create secondary works of the software, in addition to what the law allows.

You may also not use the Service to distribute viruses, Trojans, and similar programs, or to automatically scan the Service ("scraping").

5.INTELLECTUAL PROPERTY RIGHTS

Nothing in these Terms of Use shall be construed as transferring any intellectual property, or other right, to you or anyone else.

All intellectual property rights in the Service belong to us or are available to us

6.YOUR USER ACCOUNT

To use the Unfaithfulness App, you must create a user account with us ("User Account") and log in to it.

When you create a User Account, we will ask you for some information about yourself. Your User Account is personal and you may not transfer your User Account to anyone else or allow anyone else to use the Service through your User Account. You are responsible for protecting your login information from unauthorised access. If you have reason to believe that someone else has accessed your User Account, please notify us immediately. We have the right, but not the obligation, to block access to your account in the case of misuse of the User Account. We have the right to suspend your access to the Service with immediate effect if we have reason to believe that you have violated these Terms of Use or if your use violates any law or has adverse effects on the Service.

We reserve the right to close your User Account if it has been inactive for a long period of 12 months.

7.PROCESSING OF PERSONAL DATA

Your privacy and integrity are important to us and we promise that the Infidelity ER will never sell, transfer or otherwise allow any outsider to access your personal information without your consent, or in addition to what is expressly stated in our Privacy Policy. The data you share with the Infidelity ER is essential for the Service to function and be meaningful to you as a user. We take your privacy and integrity very seriously. We will only look at aggregate data and only for the purposes described in the Privacy Policy. Your privacy and your integrity are important to us and our goal is to be as honest and clear as possible about the ways in which we collect, process and use Personal Data. Please read our Privacy Policy before using the Service.

8.USER-GENERATED MATERIAL

When using the Service, we will automatically collect and process certain information.

You agree and guarantee that you will not upload or distribute User-generated Material via the Application such as:

Content describing other people that is misleading, false or incorrect, that promotes or encourages illegal activity, is racially or ethnically abusive and/or discriminates against a minority (such as a national or ethnic group), that commits defamation, contains pornography or is otherwise sexually abusive, that is offensive in regards to sexual orientation or religion or that otherwise discriminates, insults or persecutes a person, or is in any way harmful, abusive, offensive, illegal or infringes third party rights (including but not limited to copyright and trademarks), or otherwise contrary to the intended purpose of our service.

We reserve the right, at our sole discretion, to remove User-generated Material that we deem inconsistent with these Terms of Use or which we otherwise consider to be unreasonable, unethical or illegal or inappropriate for us or the Service Users.

9.RIGHTS TO USER-GENERATED MATERIAL

Ownership of all User-generated Material that you upload in the Service belongs to you or the third party which has authorised you to upload the material. In order to provide the Service, we require the right to use your User-generated Material and you therefore grant us a license as below for your User-generated Material. Without this license, we cannot deliver the Service.

You hereby grant us a worldwide, non-exclusive, irrevocable, royalty-free and assignable right to dispose of, process, modify, store, publish, distribute, transmit, encode, copy, present, display and otherwise use User-generated Material to provide the Service. The license only covers situations necessary to provide the Service and no other situation, and only for as long as we save User-generated Material.

You warrant that you have all necessary rights to display and upload User-generated Material, to use User-generated Material in all other ways, and to grant us a license to User-generated Material as above.

10.PAYMENT AND PRICE INFORMATION

Payment is made inside the Application. The application offers a monthly automatic renewal subscription to access all features. Some parts of the Application are free of charge. Payment will be made directly through Apple and Google in their payment system. The user is responsible for the completed payment. The user is responsible for solving the problem with the respective operator in the event of an error in payment in their system. We do not account for any costs that may be incurred for eg. data transfer and messaging services. Furthermore, you are responsible for updating and obtaining the hardware or software needed to access the service. Subscriptions can be managed by the user and automatic renewal can be turned off by going to the user's account settings after purchase.

11.LIMITATION OF LIABILITY

The Service is obtained in its existing condition and your use of the Service is solely your own responsibility and is at your own risk. We make no guarantees – directly, implied or otherwise – regarding the availability, the quality, the suitability to any particular purpose, the efficiency or accuracy of the Service in general. Under no circumstances should our total liability to you in connection with the Service for Damages, Losses and Proceedings exceed SEK 1,000.

You acknowledge that situations may arise where the Service will be unavailable, due to, but not limited to, maintenance, errors or other circumstances beyond our control.

We are not liable to you for any third party claims directed against you. You further understand, accept and agree that we have no obligation to maintain, provide support for, upgrade or update the Service. To the extent permitted by mandatory legislation, we will not be liable to you or any third party for any direct, indirect or other damages of any kind, including, but not limited to, loss of profits, loss of revenue, reduced sales, interruptions or goodwill impairment arising from, because of or in connection with these Terms of Service or the Service.

12.INDEMNITY

You are liable to us for any damages caused to us, or any third party, for your breach of these Terms of Use, including but not limited to abuse of the Service. You further agree to indemnify us in relation to all claims, costs (including reasonable legal costs), damages, expenses and losses that we have incurred in any way in relation to your violations of these Terms of Use or other applicable law. In the event that any User-generated Material infringes any third party's intellectual property rights, you agree to immediately remove all infringing parts of the Material or promptly notify us so that we can remove the material and retain our impunity for all damages, costs and expenses we incur as a result of such infringement.

13.MODIFICATION OF THE SERVICE AND TERMS AND CONDITIONS

We may make changes to these Terms of Use. If we make any material changes, we will notify you based on what is appropriate in the circumstances, no later than thirty (30) days before any change takes effect. For example, this may be via email or via a note in the Application. In cases where we are unable to reach you via a working email address, you are responsible for keeping yourself updated on what happens in our General Terms and Conditions. You have the right to cancel your User Account at any time and without prior notice.

Furthermore, we reserve the right, at our sole discretion, to modify, cancel or temporarily or permanently discontinue our provision of the Service without prior notice thereof, or if required by or by governmental decision. You agree that we will not be liable to you or any third party for such modification, interruption or termination.

14.TRANSFER OF TITLE

You may not assign or transfer any rights or licenses set forth in these Terms of Use. We may assign and transfer these Terms of Use without your consent and without notice to you.

15.APPLICATION OF LAW IN CASE OF DISPUTES

These Terms of Use shall be governed by and interpreted in accordance with Swedish law, without application of the rules of choice.

Any dispute or claim arising out of or in connection with these Terms of Use, or in the event of a breach, termination or invalidation thereof, shall finally be decided by a Swedish court, with Stockholm District Court as the first instance, unless otherwise provided by mandatory law.

16.ISSUES RELATING TO APPLE AND GOOGLE

The parties to this agreement, we and the Users, hereby clarify the following with respect to Apple and Google:

That we and the Users are the sole parties to this Agreement.

That the Users are granted a license to download, install and use the Application on any device owned or controlled by the User and in accordance with the terms of use of the App Store and Google Play.

That we are responsible for the Service and all content therein in accordance with these Terms of Use.

That neither Apple nor Google have any obligation whatsoever to provide any maintenance and support services with respect to the licensed Application.

That we are solely responsible for all guarantees given, whether express or implied, or based on legal requirements, or otherwise. No claims based on guarantees or other commitments can be made against anyone other than us. If we do not live up to the guarantees we have promised, then the User has the opportunity to contact Apple or Google and be reimbursed for any expenses they have paid to access the Service. Apple and Google have no other obligations in relation to the Application or the Service otherwise.

That we, and not Apple or Google, is responsible for any claims by Users or any third party in connection with the Service or Users' ownership and/or use of the Application, including but not limited to: (i) product liability; (ii) requirements because the Application does not comply with applicable law or regulatory requirements; and (iii) requirements arising under consumer protection or similar legislation. All requirements or demands based directly or indirectly on the use of the Service which may be directed to us shall be directed solely to us. Apple or Google is in no way responsible for responding to these requirements or demands if the latter are directed against Apple or Google.

That we, and not Apple or Google, are solely responsible for investigating, defending, reconciling or securing liability in the event of a third party's claim that the Service or use of the Service infringes such third party's intellectual property rights. The User guarantees and ensures that he/she is not in a country that is subject to an embargo issued by the United States Government, or which has been designated in the United States Government's list of prohibited or restricted parties.

That these Terms of Use grant Apple or Google, and their affiliates, the right to make these Terms of Use directly applicable to you, regardless of our involvement. In addition to the third party rights such as Apple or Google and its affiliates as set forth above, these Terms of Use do not grant any other third party rights to any other natural or legal person.

About us/Contact details:

Company name: Relationskonsulten Stockholm AB
Organisation number: 559044-3635
Street address: Pontonjärgatan 12
City: 112 22 Stockholm
Country: Sweden
Phone: 004670 894 22 29
Email: info@relationskonsulten.se