Legal notice for mobile applications

LEGAL NOTICE AND CONDITIONS OF USE OF EARLYSTART

Last updated: 18/12/2018

EARLYSTART, S.L., with CIF/NIF No: B55281596 and address: Avda. Lluis Pericot 88 3a 2a, 17003 – Girona (Girona), Spain, cannot assume any responsibility for the incorrect, inappropriate or unlawful use of the information appearing on the websites of: www.memimababy.com

That EARLYSTART, S.L. is registered in the Mercantile Registry of Girona, in volume 3124, folio 216, inscription 1 with sheet GI-61128.

Within the limits established by law, EARLYSTART, S.L. assumes no responsibility for the lack of truthfulness, completeness, updating and accuracy of the data or information contained in its web pages.

The contents and information do not bind EARLYSTART, S.L. nor do they constitute opinions, advice or legal advice of any kind since it is merely a service offered for information and dissemination.

The Internet pages of EARLYSTART, S.L. may contain links (links) to other third party pages that EARLYSTART, S.L. cannot control. Therefore, EARLYSTART, S.L. cannot assume responsibility for the content that may appear on third party pages.

The texts, images, sounds, animations, software and other contents included in this website are the exclusive property of EARLYSTART, S.L. or its licensors. Any act of transmission, distribution, assignment, reproduction, storage or public communication, total or partial, must have the express consent of EARLYSTART, S.L..

Also, to access some of the services that EARLYSTART, S.L. offers through the website, you must provide some personal data. In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, we inform you that by completing these forms, your personal data will be incorporated and processed in the files of EARLYSTART, S.L. in order to be able to provide you and offer our services as well as to inform you of the improvements of the website.

We also inform you that you will have the possibility at all times to exercise the rights of access, rectification, cancellation, opposition, limitation and portability of your personal data, free of charge by email to: customer@memimababy.com or at the address: Avda. Lluis Pericot 88 3a 2a, 17003 – Girona (Girona).

1. OWNERSHIP.

This document is intended to establish the general conditions of use of the Memima Baby application (hereinafter referred to as the Application), owned by EARLYSTART, S.L., with CIF/NIF No: B55281596 and domicile for the purpose of notifications in: Avda. Lluis Pericot 88 3a 2a, C.P. 17003 – Girona (Girona), Spain, consisting of said entity registered in the Mercantile Register of Girona, in volume 3124, folio 216, inscription 1 with sheet GI-61128 (hereinafter the Owner).

The registration and subsequent use of the Application requires the prior acceptance by the user of the general conditions of use in force. The Owner reserves the right to modify these conditions at any time, although such changes will be duly informed to the user’s knowledge.

The download and use of the application, attributes the condition of user of the same (hereinafter, the User) and implies the reading, understanding and acceptance of all the terms and conditions collected by the present document.

However, the User shall periodically review the publications related to the changes made in the conditions of use, and if the User continues to use the Application, it shall be understood that this implies acceptance and acceptance of such changes.

These terms of use affect your rights and legal obligations with respect to the use of the Application. If you do not accept the terms included therein, you must not register, access, or use the Application.

2. MINORS.

In accordance with the current provisions on the protection of personal data, and in order to protect the privacy of minors, it is informed that the User must be over fourteen (14) years or have express permission from their parents and/or legal guardians, to be able to register, access and use this Application.

To this end, the Owner may contact the User at any time to prove his identity and the actual age that would enable him to use the Application, or to demonstrate that he has the permission of his parents and/or legal guardians.

Among the documents that the Owner may request from the User to accredit the above points, a copy of his ID would be found, as well as other complementary documents that are necessary for the Owner to verify the User’s actual age. In the event that the Owner requests such documentation from the User, and the User refuses to provide it, the Owner may terminate the Application from the User.

3. INTELLECTUAL PROPERTY RIGHTS.

The Application is a work composed of various integrated and inseparable elements (text, illustrations, photographs, animated images, videos, computer programs, etc.), whose intellectual property rights, pursuant to the provisions of the regulations in force in the field, correspond to the Owner, except for those materials obtained under license, authorization or consent of third parties.

The Owner and the third-party licensors shall at all times retain the intellectual property rights over the Application, as well as over the different elements that compose it, individually considered, in all copies made (whatever medium they are incorporated into), granting them only the right of use.

Any right that is not expressly assigned, shall be understood reserved in favor of the Owner and the licensors of contents or individual elements.

The Owner shall have the intellectual property and exploitation rights over the software used for the development and operation of the Application, and shall be entitled to download and install new versions of the Application’s software, updates and improvements, in order to improve the functionality of the service.

The user does not acquire any right or license for the contracted service, on the software necessary for the provision of the service, nor on the technical information monitoring the service, with the exception of the rights and licenses necessary for the use and proper functioning of the Application.

In addition to the foregoing, the Owner is responsible for the selection, design of the structure and layout of the contents of the Application, as well as who has taken the initiative and taken the risk of making substantial investments

4. RIGHTS OF THE USER.

With respect to the possible content generated by the user, during the use of the Application, the user shall be the sole owner of the intellectual property rights over said content.

However, when User shares, disseminates, or publishes content in the Application, User is granting a non-exclusive, transferable, and free license to store, reproduce, distribute, modify, maintain, or publicly communicate (disseminate, publish) the content generated by the User.

In the event that the User shares or publishes contents in the Application, which he has not created or generated himself, he will be solely responsible for having previously obtained the corresponding authorizations from the legitimate authors of the aforementioned contents.

In any case, the Owner informs the User that, although the content may be removed from the Application interface, it may be kept in the Owner’s backups for a certain time, and then effectively deleted.

It should also be noted that the content may continue to be visible if it has been shared with other users, and they have downloaded or saved such content, in excess of these actions within the scope or environment of the Application.

5. OBLIGATIONS OF THE USER.

The User undertakes to use this Application and all its contents in accordance with the law, morality, public order and the present conditions of use. It also undertakes to make appropriate use of the services and/or contents of the application.

In particular, the User undertakes to:

Not to use the Application to engage in illegal or criminal activities that infringe on the rights of third parties and/or infringe on intellectual and industrial property regulations, or any other rules of the applicable legal system.

Not to transmit, enter, disseminate and make available to third parties any material and information (data contained, messages, drawings, sound and image files, photographs, software, etc.), through the Application, that are contrary to the law, morality, public order and the present conditions of use.

Not generate, share, or upload content to the Application, if it is illegal, misleading, or discriminatory, or if it violates the rights of another person.

The publication or transmission of any content that is violent, obscene, abusive, racial, xenophobic or defamatory.

Do not enter or upload viruses or malicious codes, or perform activities that may alter the proper functioning of the Application.

Do not collect or use personal data (including the physical image) of other users without their express consent or contrary to the provisions of the General Data Protection Regulation.

The infringement of any of the rules contained in this paragraph, will empower the Owner, to terminate the Application

6. LIMITATION OF LIABILITY.

The Owner does not warrant that, during the use of the Application, any errors or faults that hinder the use of the service, create imperfections, problems or delays in the system, may not occur.

Provided that the Owner has acted with the necessary and timely diligence, it shall not assume any liability for: losses not caused by the Owner’s violation, of the provisions of these conditions; losses not reasonably foreseeable by any of the parties; content disseminated or published by other users, when they violate the rights of third parties, or it is illegal, violent, offensive or inappropriate content.

7. PROTECTION OF PERSONAL DATA.

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – GDPR), any information or personal data that the User provides through the use of this App, will be treated in accordance with what is established in our Privacy Policy.

8. AMENDMENTS.

The Owner reserves the right to make, without prior notice, the modifications that it considers appropriate for the proper functioning of the Application, being able to change, delete or add both the contents and services that are provided through the same, as the way in which they are presented or located.

The Owner will try, as far as possible, to keep the information contained in this Application up to date and free of errors, although, in any case, access and use of it is the sole responsibility of the User.

9. LEGAL ACTIONS.

In the event of non-compliance by the User with the terms included in these Terms of Use, the Owner shall be entitled to initiate legal actions that, in accordance with current legislation, may be appropriate, as well as to request the relevant indemnities from the User.

The Owner shall prosecute any misuse of the Application or its contents as well as infringements of the rights of the Owner or its licensors, in particular with respect to intellectual and industrial property rights.

10. DESCRIPTION, PURPOSE AND DURATION OF THE METHOD.

Description. The Method consists in the performance of non-invasive musical listening exercises by the parents (mother and/or father) and their baby, under the supervision of the parents following the guidelines and guidelines here marked.

Each exercise may have an approximate duration of between 3 and 6 minutes and must be carried out between 3 and 6 days a week, with 1-3 reproductions per day depending on what can be detailed for each exercise on the Platform, and where applicable, in the Particular Conditions. Always under the premise that parents and their baby are comfortable, enjoy the experience and do not force any exercise. In the event of the slightest symptom of dislike or discomfort, exercise will be discontinued.

Finality. The purpose of the Method is early stimulation through music, sound and the affective bond between babies and their parents. The Method is evolutionary and works the baby’s musical ear, in order to stimulate synapses through the affective bond. The aim is to improve babies’ learning skills and ability to relate to their social environment through the use of the Method.

Duration and mode of the Method. The Method shall be carried out with the periodicity described within the scales indicated in this document and, where applicable, in the Special Conditions for a given block of exercises. The treatment may be interrupted unilaterally by any of the parents at the time they consider it appropriate, and it is advisable to inform EARLYSTART, S.L.

The Method is structured by weeks (7 days) and weekly activities (3 contents) that can be reproduced unlimited, although an application of between 1 and 3 times per day is recommended. At the end of the first 7 days, another level (week) is unlocked and the previous one is locked. In total there are 48 exercise blocks per week (almost 12 months).

The User can monitor the progress of the exercises carried out and receive messages from the application itself, informing him of aspects related to them (i.e., the years to be performed; having consumed the credits and not having sufficient balance to contract more exercises of the Method, etc.). In any case, at any time, the User can configure his profile (“Account”) to decide the degree of information and notifications that he wants to obtain through the Platform to guarantee his privacy and good use of it.

11. RESPONSIBILITY.

The User acknowledges and agrees to have read the “Information and Informed Consent Sheet” available to parents (Users), and must tick the corresponding box. In this sense, if you do not check the box, you will be able to navigate the Platform, but you will not be able to contract the Services offered through it. In case of any doubt regarding the Method or the Services, the User should contact EARLYSTART at the address provided below.

EARLYSTART states that it has adopted both technical and organisational measures that, within their capabilities and the state of technology, allow the proper functioning of the Platform as well as the absence of viruses and harmful components, however will in no case be liable for any damages that may arise from (i) the lack of availability or accessibility to the Platform or to those other sites with which a Link has been established; (ii) interruption of the Platform’s operation or computer failures, telephone failures, disconnections, delays or blockages caused by faulty or overloaded telephone lines, in the Internet system or in other electronic systems produced in the course of its operation; (iii) the inadequacy of the Platform for the specific needs of Users; and (iv) other damage which may be caused by third parties through unauthorised interference beyond the control of EARLYSTART. In any case, EARLYSTART undertakes to make its best efforts to correct any errors or omissions as soon as possible as they are notified.

The User acknowledges and accepts that the use of the Platform, as well as the contracting of Services, is carried out at their sole risk and responsibility. EARLYSTART shall in no event be liable for any damage directly or indirectly related to the Services offered and/or contracted on the Platform. EARLYSTART shall only be liable for any damage that the User may suffer as a result of the use of the Platform where such damage is attributable to an intentional action by EARLYSTART.

EARLYSTART does not edit the contents of third parties, which may be published on the Platform (through banners, commercial communications, etc.) and therefore does not guarantee or is not responsible for the lawfulness, reliability, usefulness, veracity, accuracy, completeness and timeliness of such content, remaining free from third party claims.

INFORMATION FOR PARENTS (INFORMATION SHEET)

This document attempts to explain to you all the questions related to the non-invasive musical treatment corresponding to the project “Music and cognitive abilities of Memima Baby” of which you. and your child will be a part of, and use of, your data (under Informed Consent). Read it carefully and consult with any member of EARLYSTART, S.L. any questions that may arise.

IMPORTANT: Registering as a User on the Platform entails the necessary acceptance of the information here detailed.

ISSUES RELATING TO THE CHARACTERISTICS OF THE METHOD

Description of the method. What is it?

The method is a non-invasive experimental treatment corresponding to the project “Music and Cognitive Abilities of Memima Baby”.

The method consists in performing non-invasive musical listening exercises by the parents (mother and/or father) and their baby, under the supervision of the parents following the guidelines and guidelines here marked.

Each exercise can have an approximate duration of between 3 and 6 minutes and must be done between 4 and 6 days a week, with 1-3 reproductions per day. Always under the premise that parents and their baby are comfortable, enjoy the experience and do not force any exercise. In the event of the slightest symptom of dislike or discomfort, exercise will be discontinued.

Listening to the exercises during the sessions will never be done at a volume that could be harmful to the baby’s ear.

Purpose of the method. What do we pursue?

The purpose of the method is early stimulation through music, sound and the affective bond between babies and their parents.

The method is evolutionary and works the baby’s musical ear, in order to stimulate synapses through the affective bond.

We seek to improve the skills in the learning of babies and ability to relate to their social environment.

ISSUES RELATING TO THE DURATION AND MODE OF TREATMENT

The treatment will be carried out with a certain periodicity decided by the parents of the baby, within the scales indicated in this document, taking into account that the method can have a duration of up to 48 weeks.

Processing may be interrupted unilaterally by any of the signatory parents at such time as they deem appropriate.

The completion of the treatment involves the payment of fees by the parents, as deemed necessary EARLYSTART SL.

ACCEPTANCE

I agree to participate voluntarily in the non-invasive treatment described in the Fact Sheet. I have read the Information Sheet, my doubts have been resolved and I understand the information there detailed, that my participation is voluntary and that I can withdraw or request that they withdraw my data whenever I want.

I agree not to carry out any kind of exploitation or commercialization of the method by myself directly or indirectly through third parties and to preserve confidentiality about the method and the results obtained.

I have been informed and expressly accept the following:

EARLYSTART, S.L. has placed at my/our disposal (of the parents) all relevant information regarding non-invasive treatment, being my/our decision to be part of it, under my/our responsibility, without implied or presumed warranty, in relation to its results.

In this regard, I agree that EARLYSTART, S.L. (and no team member) is not responsible to me/us, my/our child/to, or any third party for any damage allegedly caused by the improper use or use of the method, including, but not limited to (i) learning problems or school failure of the child/a; (ii) suffering from any disease (including ear or brain/neurological disorder) or mental or behavioural disorder (ADHD, bipolarity, depression, schizophrenia, anxiety, extreme shyness, bad character, irritability etc); (iii) that I suffer some type of psyche disorder due to the sessions; (iv) or any other type of causes not attributable to EARLYSTART, S.L.

The origin of the problems or disorders indicated above can cause environmental issues, unfavorable family/school environments, hereditary diseases/disorders, etc., beyond the control of EARLYSTART, S.L. Therefore, I accept that EARLYSTART, S.L. (and its team) is not responsible for the consequences that could result from the use or treatment being kept free for all purposes.

I have been informed and I acknowledge that no medical, psychological or psycho-pedagogical diagnosis is being made and I declare that I am in good physical and mental health, and I know of no reason why I should not be treated. In case of doubts in this regard, I recognise that I can ask for advice from a professional.

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