LEGAL NOTICE AND CONDITIONS OF USE for Early Start
Version published on February 27, 2017
The domain www.babywisetunes.com (the “Website”), as well as the corresponding mobile application (the “App”) are the property of the company EARLY START, S.L. (“Early Start”). The Website and the App shall be jointly named as the “Platform”.
Through its Platform, Early Start offers the Munné Method for the cognitive stimulation of babies which consists of listening to non-invasive musical auditory exercises for the Platform’s Users with their children (hereinafter, the “Method”), under the parents’ supervision, following the guidelines and directives indicated by Early Start.
The Method can be contracted and used by purchasing and downloading the audio and/or video content related with the description and functioning of the Method, in the terms indicated in these Conditions of Use (hereinafter, indistinctly, the “Service” and/or the “Services”).
- Owner of the Platform. Identifying Details
In accordance with the duty of information established in Spanish Law 34/2002, of July 11, of Information Society Services and Electronic Commerce (LSSICE), and the other applicable regulation, the identifying details of Early Start, in its capacity of the owner of the Platform, are provided below.
- EARLY START, S.L.
- Registered in the Business Registry of Girona, in Volume 3124, Sheet 216, Entry 1 with Page Number GI-61128.
- Company address in
Av. Lluís Pericot 88 3-2
- Taxpayer identification number: B-55281596
- Email address: email@example.com
- Browsing and Platform use. Users
Access to the service. To be able to use the Platform, the User must have access to the Internet (or to a wi-fi network), and all the equipment necessary for the Internet connection (a cellphone device, a tablet or a computer). Early Start shall not charge for the access to the Platform, although the User’s cellphone/Internet operator may apply the corresponding rate based on the contracted rate. Early Start may make the necessary upgrades available to the User to correct, if appropriate, any error or bug or to add functions. The User is responsible for downloading the new versions of the Platform, to be able to enjoy all the Platform’s advantages and functions. These versions shall be subject to these Conditions of Use. Early Start has entered into all the necessary contracts to guarantee the continuity of access to the Platform and to the Services and shall make its best efforts to prevent the access from being interrupted. However, the access to these functions may be suspended, restricted or canceled at any moment due to causes out of Early Start’s control. The access to the Platform and the Services may also be occasionally suspended, restricted or canceled due to reasons of repairs, improvements, upgrades, maintenance or the introduction of new Services.
Modification of the conditions. These Conditions of Use can be modified at any time. The User must thus consult the latest published version on the Platform, which the User shall accept on each new connection. Thus, Early Start reserves the right to stop offering any of the Services, unilaterally, at any time and without prior notice, and to modify the Platform’s presentation and Conditions, as well as the Services and Conditions required for its use, in order to upgrade, correct, modify, add, suspend, deactivate and/or suppress the Platform’s contents. Early Start therefore recommends regularly reading all of the Platform’s different Conditions and Policies. These modifications will be applied upon their entry into force. In any case, prior to contracting any Service offered on the Platform, acceptance shall be required both for the Conditions of Use, which are valid at that time, as well as the corresponding Specific Conditions. Early Start hereby confirms that in the case of conflict or contradiction between the Conditions of Use and the Specific Conditions, the latter shall prevail.
Use contrary to the Conditions of Use. Any use contrary to the provisions established on the Platform is completely prohibited and may generate liabilities with regards to Early Start. In this sense, in the event that the User does not respect these Conditions of Use, Early Start reserves the right to suspend the User’s account without prior notice and may also deny access to the User. In any case, the Users agree to browse through and, if appropriate, use the Platform in good faith, respecting the described conditions.
- User Registration.
Registration. Registering as a User is an essential condition to contract the Services offered through the Platform. In the registration process, the User will be asked for specific data in order to process the contracting of the Services. IMPORTANT: Signing up as a User on the Platform necessarily requires the acceptance the information detailed in the Parents’ Information section.
Age. Early Start only allows adults with full legal capacity to contract and bind themselves to register as Users. Minors are prohibited from registering and using the Platform. The User declares to be an adult (older than 18 years old) and to have the necessary legal capacity to contract the Services. In turn, the User expressly accepts to be bound to these Conditions of Use, which the User declares to understand and accept in their entirety. Additionally, the User recognizes and accepts that the Services are principally directed to end consumers and for the User’s own use or the people who are legally authorized to act in the User’s name.
During the User’s registration on the Platform, as well as in the case of having knowledge and/or evidence of a security breach in the access of the User’s email account, the User may be requested to confirm their email account. In the case that the User does not receive the cited email within the period of the following 24 hours, they¡ must contact Early Start. In the event of registering as a User with another person’s email address, Early Start reserves the right to cancel the User’s registration without prior notice.
Furthermore, the User agrees to keep all the data concerning the User’s account confidential, as well as not to disclose the data to unauthorized third parties. In this sense, Early Start shall not be liable for the use of the data by unauthorized third parties. The user agrees to immediately inform Early Start of the theft, disclosure or loss of their data as a User, including, in particular, their username or password.
The Users may modify their usernames (login) and password at any time in the “Account” section of the Platform.
The User agrees and, in its case, guarantees that all the information provided during the registration and which is contained in their account is true, complete and precise. In the event that any modification to the information occurs, the User must proceed to immediately update this information and/or, when necessary, notify this to Early Start.
- Description, goal and duration of the Method.
Description. The Method consists of parents (mother and/or father) and their baby listening to non‑invasive auditory musical exercises, under the supervision of the parents, following the guidelines and directives established here.
Each exercise may last approximately between 3 to 6 minutes and must be performed between 3 and 6 days per week, playing them 1-3 times per day based on what is detailed for each exercise on the Platform, and if appropriate, in the Specific Conditions. The exercises must always be done under the premise that the parents and their baby are comfortable, that they enjoy the experience and that they do not force any exercise. If there is even the slightest sign of displeasure or annoyance, the exercise must be stopped.
Goal. The Method aims to provide early stimulation through music and sound and to strengthen the emotional bond between babies and their parents. The Method is progressive and it works on the baby’s musical ear in order to stimulate synapses through the emotional bond. Through the use of the Method, the program aims to improve the babies’ learning skills and their capacity to relate with their social environment.
Duration and modality of the Method. The Method shall be carried out with the frequency described within the guidelines indicated in this document and if appropriate, in the Specific Conditions for a given block of exercises. The treatment may be interrupted unilaterally by either of the signatory parents at the time that they deem appropriate. We recommend Users to inform this decision to Early Start, S.L.
The Method is structured by weeks (7 days) and weekly activities (3 contents) which can be played up to a maximum of 3 times per day. At the end of the first 7 days, another level (week) will be unlocked and the previous will be locked. In total, there are 48 weekly blocks of exercises (12 months). The User can unlock these each week, after paying the corresponding amount. The User shall have 2 weeks (14 natural days) of margin for each 8 weeks of exercises contracted through the platform to download and enjoy the weekly exercises. As an example, if a User purchases and downloads a block of 8 exercises on January 1 and is unable to play the entire weekly minimum due to going on vacation or due to having stopped the Method for another reason, at the end of the 8 weeks the User shall have 14 additional days to be able to play the exercises, that is, until March 15. As of this date, the User must pay the corresponding amount at all time to be able to restart the exercises from the moment when the exercises were interrupted. For any questions, please contact Early Start.
Downloading the app is free of charge, but the service requires payment through purchases on the Platform. The set price is €19.99 every 2 months (8 weekly blocks) without prejudice to the offers which are advertised on the Platform, when appropriate. One credit purchased through the Platform equals one week of exercises, and its set price is €4.99.
The User can follow the progression of the exercises that they have completed and will receive messages from the application informing them of exercise-related aspects (i.e. pending exercises; having spent the credits and not having sufficient credit to purchase more exercises of the Method, etc.). In this regard, the exercises will be automatically renewed every 2 months after notifying the User, who may accept or reject the renewal with a click. In any case, the User may configure their profile (“Account”) at any time to decide the level of information and notifications they wish to receive through the Platform to guarantee their privacy and the proper use of the Platform.
- Transaction to contract the Services
Registration. The User may contract the Services offered on the Platform by registering as a User through the Website or by downloading the App. The User may proceed to download the App through the Apple Store® and Google Play® platforms.
License to use digital contents. In order to use the Method, the User must download the digital material (audio file), which is the property of Early Start, corresponding to each exercise. These contents shall contain the information concerning the instructions to follow to complete and enjoy each exercise. The User must faithfully follow the indicated guidelines and recommendations.
To do so, when the User contracts a specific block of exercises, it shall be understood that Early Starts awards a license for use to do this exercise under the contracted Services. This license shall have the duration established for each exercise, and can only be downloaded and used the times which are specified for each exercise. The User agrees to use all the contents related to the Method for personal and non-commercial purposes. The license of use for the cited material does not involve a transfer of any right of use for commercial purposes. Furthermore, the User is expressly prohibited, in particular and not limited to, from selling, leasing, lending, ceding, copying, modifying, altering, distributing and/or publicly disclosing the cited contents, whether in part or in full, in any manner which is not expressly permitted in these Conditions.
Rates and payment methods. Registering as a User is free of charge, but specific Services may require the corresponding fee to be paid. The price to contract the Services, as well as any taxes which, if appropriate, result from the application, must be made at the time of formalizing the purchase. This payment shall only be made through payment forms indicated and accepted at the time on the corresponding Platform page. Thus, the payments shall be made through the User’s Apple® or Google® accounts, unless another payment mechanism is designated on the Platform specifically for this purpose. The User may not continue with the purchasing process if the payment is not correctly formalized or if it is denied for any reason; the purchase shall be automatically canceled, understanding that the contracting of the Services requested have not been carried out.
In all cases, the use of the Services by the User involves,
- adhesion to the Conditions of Use and, if appropriate, to the Specific Conditions which apply for a specific exercise; and
- the prior payment to acquire the redeemable “credits” for the Services.
In the credit purchasing transaction, the valid prices shall be displayed at the time of the purchase. The prices for the rates and any payments established in these Conditions of Use will be expressed in Euros. The credits acquired may be redeemed for the Services that the User wishes to use. During the process to activate a Service, the amount of credits needed will be shown for each exercise at the time of the exchange.
The Users may purchase the credits for their own use or give them to third parties through the Platform. This possibility will be enabled during the purchasing process and the gift code will be sent to the designated third party. The User is required to have obtained authorization to provide the contact data to the Platform for the exclusive purposes of sending the promotional code. The third party must also register as a User to enjoy it. The gift codes will not be reimbursed and cannot be enjoyed by other third parties. For any questions please contact Early Start.
Furthermore, promotional codes can be given to Users through the Platform which will be the equivalent of the free credits to download the exercises. The promotional codes will not be reimbursed and cannot be enjoyed by other third parties. For any questions please contact Early Start.
Early Start may make changes to the prices without prior notice, to adjust them to the needs or offers, although it shall guarantee the exchange at the price indicated for each exercise during the minimum period indicated for each exercise effectively contracted through the Platform.
The credits acquired cannot be reimbursed in any case. Thus, in the case that a User withdraws from the Service (eliminates their User account), the data concerning their available credits will also be lost. Likewise, if the User uses their credits to acquire any service in an erroneous manner, the credits shall not be reintegrated unless otherwise stated by Early Start. In any case, when appropriate, any credits whose availability is affected due to a technical deficiency of the system, not attributable to the User, shall be recovered and made available for the User and the problem that occurred shall be corrected in the shortest time possible.
Early Start shall not be liable for errors or problems of any kind in the services provided by the payment method which the User choses to make the money transfer, nor for any cost associated to resolving the problem. In any case, Early Start shall collaborate in good faith with the User to resolve any problem of this kind.
The User must notify Early Start, through the “Help” section or by contacting the company by phone or through email at the contact address, about, any problem with the payment or any undue charge due to purchases on the Platform, in the shortest time possible. This way, Early Start can carry out the operations that it deems appropriate in order to resolve the situation in the shortest time possible.
Specific conditions. As previously expressed, the Services can be subject to Specific Conditions in addition to these Conditions of Use. Consequently, the User must carefully read the Specific Conditions in addition to these Conditions of Use. When the User proceeds to the Reservation, it shall be understood that the User accepts these Conditions. In the event of conflict or contradiction, the Specific Conditions shall prevail over the Conditions of Use.
Unauthorized uses of the Platform and Services. The Platform and the Services are designed for personal, non-commercial and not-for-profit use by the User. Early Start reserves the right to prohibit the use of the Platform, as well as to cease providing the Services unilaterally, including the following cases in an illustrative but not limiting manner:
- The resale of the Services, as well as any use of the Platform and/or, if appropriate, the Services with any commercial goal.
- The attempt to breach the Platform’s security. Testing the Platform’s security or network. Access to data, services or user accounts which are unauthorized for the User.
- Access to the Platform in a manner that involves a disproportionate load for the servers or the networks through which the Platform operates, as well as causing any manner of interruption or interference in the Platform’s functionality, efficiency or operations.
- Carrying out any network monitoring to intercept Platform data which is unauthorized for the User.
- The start of fraudulent interactions with Early Start in which the User employs a third party’s identity.
- Any use of the Platform and/or, if appropriate, the Services which infringes on these Conditions, the law, morality or public order.
In this respect, the User who does not comply with the above shall be solely and exclusively liable for the damages and harms of any kind caused due to this reason to Early Start or to third parties.
- Right to desist
In accordance with the provisions established in article 103.1m of Spanish Law 3/2014, of March 27, amending the consolidated text of the General Law on the Protection of Consumers and Users, the right to desist in digital content supply contracts shall not be applicable when the content is not provided in a material format when the formalization has started with the User’s prior express consent. The User is informed that they consequently lose their right to desist.
IMPORTANT. The previous notwithstanding, Early Start aims to provide the best support and service possible for its Users. To do so, after purchasing the exercises, the User will have the time that they have purchased and the margin to start the exercises (unless otherwise stated by the Specific Conditions or Early Start for a given block of exercises). In any case, if for any reason the User is unable to start the exercises contracted through the Platform before the cited period purchased, the User may repurchase the exercises at the same price. In any case, the User shall receive notifications concerning the expiration of the period. We recommend that Users contact the Platform if they notice that they will not be able to begin the exercises, for the proper functioning and for the User to enjoy the exercises.
Moreover, if the User wishes to desist and not do the exercises before the 14-day period after purchasing the exercises ends, the User must inform Early Start through firstname.lastname@example.org, which shall reimburse this amount (without prejudice to any banking cost that this transaction may cause, which must be paid by the User). If the User has started the exercises, the User may not desist in the purchase as the provision of services has already started, pursuant to the provisions established in the applicable legislation.
- Intellectual and/or industrial property
The domain www.babywisetunes.com, the Platform, the Munné Method as well as the “BABY CHILL OUT” and “BABY WISE TUNES” brands are the property of Early Start, and may not be used by the Users in connection with services which do not pertain to Early Start, except with prior express written consent from Early Start.
All the rights over the Platform’s contents and the Method pertain to Early Start, except those of the collaborators or other companies with which the corresponding agreement to provide the contents has been entered into, when appropriate. In any case, the rights shall pertain to said companies. These rights, including in an illustrative but not limiting manner the drawings, designs, images, photos, graphs, brands, signs, distinctive signs or logos of Early Start or third parties, as well as the frames, banners, software, etc. of the Platform are protected by the national and international regulations on intellectual and industrial property, and are the property of Early Start or of the cited third parties (in this last case, the parties authorize Early Start to use them on the Platform in order to offer the Services).
The User who accesses the Platform is not authorized to copy, modify, distribute, transmit, reproduce, publish, cede or sell the previously cited elements or to create new products or services derived from the information contained on the Platform. For these purposes, only viewing and loading for the User’s personal (and non-commercial) use is authorized. The User is not permitted to extend this right to unauthorized third parties or entities.
In order to establish links to the Platform or to third-party websites from the Platform, consent must be obtained from Early Start and, if appropriate, from the cited third parties. Early Start shall not be liable for the use that the Users make of these websites or, if appropriate, of the products and/or services that they may contract.
The User recognizes and agrees to have read the “Information Sheet and Informed Consent Form” available for the parents (Users). The User must mark the corresponding box. In this sense, if the User does not mark the box, they may browse through the Platform, but cannot contract the Services offered therein. With regards to any questions concerning the Method or the Services, the User must contact Early Start through the address provided below.
Early Start declares that it has adopted the technical and organizational measures within its means and the state of the art which allow the Platform to function properly as well as to be free of viruses and harmful components. However, Early Start shall not be liable in any case for any damages or harms which could arise from (i) the lack of availability or accessibility to the Platform or to those sites with which it has established a link; (ii) the interruption in the Platform’s functioning or software failures, telephone errors, disconnections, delays or blocks caused by deficiencies or overloading on the phone lines, on the Internet system or on the other electronic systems which occur during its operations; (iii) the lack of suitability of the Platform for the Users’ specific needs and (iv) other damages which may be caused by third parties through unauthorized intrusions outside of Early Start’s control. In any case, Early Starts agrees to undertake its best efforts to proceed as soon as possible to correct any error or omission from the moment in which it is notified.
The User recognizes and accepts that the use of the Platform, as well as the contracting of Services, is undertaken the User’s sole risk and liability. Early Start shall not be liable in any case for any damage related directly or indirectly with the Services offered and/or contracted on the Platform. Early Start shall only be held liable for damages that the User may suffer as a result of the use of the Platform when these damages are attributable to a harmful action by Early Start.
Early Start does not edit the contents of third parties which may be published on the Platform (through banners, commercial messages, etc.) and consequently, Early Start does not guarantee nor is liable for the legality, reliability, use, veracity, accuracy, exhaustiveness or up-to-date nature of these contents, remaining blameless for claims from third parties.
- Data protection
- Transfer of rights and obligations
The User may not cede and/or transfer the rights and obligations related to these Conditions of Use (or to the Privacy and Data Protection Policy) or the contracting of the Services offered by the Platform, without prior express written authorization from Early Start.
In any case, Early Start may cede and/or transfer, at any time and without the User’s authorization, after prior notification, the rights and obligations related to these Conditions of Use (or to the Privacy and Data Protection Policy, Cookies Policy and Specific Conditions). In any case, Early Start must comply with the applicable regulation concerning data protection.
- Breach, applicable law and jurisdiction
Early Start is not liable for any breach of its obligations when the cause of this breach is outside of its reasonable control. No waiver by Early Start concerning any breach of the present conditions can or may be used or interpreted as waiver by Early Start over future breaches, whether these are of the same or different type. The fact that Early Start concedes to the User any type of respite, extension or understanding does not imply any reduction, discharge or other alteration to the User’s liability for any breach caused.
For any question, please contact Early Start through our Website, our App or the following address:
EARLY START, S.L. (B-55281596)
Av. Lluís Pericot 88 3-2
Email address: email@example.com
PARENTS’ INFORMATION (INFORMATION SHEET)
This document aims to explain to you all the issues related to the non-invasive musical treatment corresponding to the “BabyWiseTunes Music and Cognitive Capacity” project of which you and your child will form part, as well as how your data will be used (in the Informed Content section). Read this document carefully and consult any member of EARLYSTART, S.L. for any questions that may arise.
IMPORTANT: Signing up as a User on the Platform necessarily involves the acceptance of the information detailed here.
QUESTIONS RELATED TO THE METHOD’S FEATURES
Description of the Method. What does it consist of?
- The Method is a non-invasive experimental treatment corresponding to the “BabyWiseTunes Music and Cognitive Capacity” project.
- The Method consists of parents (the mother and/or father) and their baby, under the parents’ supervision, listening to the non-invasive musical auditory exercises following the guidelines and directives established here.
- Each exercise may last between approximately 3 to 6 minutes and must be performed between 4 to 6 days per week, playing the exercises 1-3 times per day. The exercises must always be done under the premise that the parents and their baby are comfortable, that they enjoy the exercise and that they do not force any exercise. If there is even the slightest sign of displeasure or annoyance, the exercise must be stopped.
- The exercises during the sessions must never be played at a volume that could cause harm to the baby’s ear.
Goal of the Method. What do we hope to achieve?
- The Method aims to provide early stimulation through music and sound and promote the emotional bond between babies and their parents.
- The Method is progressive and works on the baby’s musical ear, in order to stimulate synapses through the emotional bond.
- We seek to improve the babies’ learning skills and their capacity to relate with their social environment.
QUESTIONS ABOUT THE DURATION AND MODALITY OF THE TREATMENT
- The treatment shall be carried out with a specific regularity determined by the baby’s parents, within the guidelines indicated in this document, taking into account that the Method can have a duration of up to 48 weeks.
- The treatment may be interrupted unilaterally by either of the signatory parents at the time that they deem appropriate.
- Performing the treatment requires the parents to pay the fees which have been set by EARLYSTART S.L.
I agree to voluntarily participate in the non-invasive treatment described in the Information Sheet. I have read the Information Sheet, my questions have been resolved and I understand the information detailed here. I understand that my participation is voluntary and that I can withdraw or request that my data can be removed whenever I wish.
I agree not to perform any type of use or commercialization of the Method for my own behalf, whether directly or indirectly, through third parties and to preserve the confidentiality about the Method and results achieved.
I have been informed and I express accept the following:
EARLYSTART, S.L. has made all the pertinent information related to the non-invasive treatment available to me/us (the parents). It is my/our decision to form part of the treatment, under my/our responsibility, without any implicit or presumed guarantee concerning its results.
In this respect, I accept that EARLYSTART, S.L. (or any member of the team) is not liable to me/us, my/our child, or any third party with respect to any harm supposedly caused by the use or inappropriate use of the Method, including, as an illustrative but not limiting manner, (i) the child’s learning problems or school failure; (ii) suffering any illness (including hearing or cerebral/neurological disorder) or any mental or behavioral disorder (ADHD, bipolar disorder, schizophrenia, anxiety, extreme shyness, bad character, irritability, etc.); (iii) that I suffer from any type of psychic 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 listed above may have their cause in environmental issues, unfavorable family/school environments, hereditary diseases/disorders, etc. outside of the control of EARLYSTART, S.L.. As such, I accept that EARLYSTART, S.L. (and its team) is not liable for the consequences which may result from the use or the treatment, holding Early Start blameless for all effects.
I have been informed and I recognize that I am not undergoing any medical, psychological or psychological-educational diagnosis and I declare that I am in a good state of physical and mental health, and that I do not know any reason that may prevent me from undertaking the treatment. In the event of any questions in this regard, I recognize that I can seek advice from a professional.