Parent App Terms of use

Version dated 01 December 2017

Terms

These terms of use (“Terms”) set out the terms and conditions for your use of the Parent App services offered by Parent ApS (“we” or “Parent”). The person or organization entering into these Terms as a user of the Parent App services, together with all individual users accessing the Parent App services on that person’s behalf (together, “you” or “Users”) accept and agree to be bound by these Terms. Parent grants you a limited, non-exclusive, non-transferable, revocable licence to use the Parent App services (subject to your account type) in accordance with these Terms.

In these Terms, “Parent App services” means Parent’s communication and management products and App services, and any features, technologies or functionality provided by those products or App services, offered by us from time to time, including the Parent checkin App and Parent iOS and Android applications (“Apps”) and Parent.eu (“Website”).

If you do not agree to any of these Terms, then you should not use the Parent App services. All rights not expressly granted to Users in these Terms are reserved by Parent.

Amendments

We may change these Terms from time to time, and will endeavor to notify you of such changes via email or by displaying a message when you next use the Parent App services. If you continue to use the Parent App services, your use will be governed by the updated Terms.

From time to time, we may add, make changes to or remove altogether features or functionality of the Parent App services. If you’re using an App, you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of the Parent App services at any time, and nothing in these Terms is to be taken as a guarantee that the Apps or any Parent App services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the Parent App services, or the Apps or any version of them.

Account information

You must be 18 years or older in order to access and use the Parent App services. You agree to provide true, accurate, current and complete account information, and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current and complete.

Cancellation of accounts

We can cancel or suspend your account at any time if, in our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of the Parent App services.

You are entitled to cancel your account with Parent at any time. You may cancel your account by contacting us at contact@parent.eu with a written cancellation email. If you cancel your account before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be entitled to any refund of Fees paid in advance (unless we agree otherwise).

If your account is cancelled: (a) your account will be deactivated or deleted; (b) all of your rights granted under these Terms will immediately come to an end; and (c) all of your data and content may be deleted from our systems immediately. Your content cannot be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

Fees and taxes

The fees charged for use of the Parent App services are set out on the Website (“Fees”) and are subject to change. We will endeavor to notify you (by email or by displaying a message when you next use the Parent App services) at least 30 days before increasing the Fees. Fees are charged in advance on a monthly, quarterly or annual basis and are non-refundable, including if you only use part of a month or year’s subscription for the Parent App services. Unless required by law, we will not provide refunds in connection with the Parent App services.

If you are carrying out a free trial of the Parent App services (as offered on the Website or the Apps), the free trial will begin on the day that your account is opened and end 30 days later. If you wish to continue to use the Parent App services at the end of the free trial period, you will need to contact our sales department at +45 88774044 or contact@parent.eu

All Fees are exclusive of all taxes, and you indemnify and hold Parent harmless against any claims by any tax authority for any underpayment of any sales, use, goods and App services, value added or other tax or levy, and any penalties and/or interest.

Parent App services are provided "as is"

The Parent App services are provided on an “as is” and “as available” basis, and your use of them is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with the Parent App services.

We do not warrant that: (a) the Parent App services will meet your specific requirements; (b) the Parent App services will be uninterrupted, timely, secure, or error-free; (c) the Parent App services will be accurate ; (d) the quality of any products, App services, information, or other material purchased or obtained by you through the Parent App services will meet your expectations.

You acknowledge that Parent may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide the Parent App services. The acts and omissions of those third party suppliers may be outside of Parent’s control, and Parent does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.

On behalf of itself and such third party suppliers, Parent excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.

Our liability is limited

To the maximum extent permitted by law, Parent shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, business, goodwill, use, data or other intangible losses (even if Parent has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service (in whole or in part) or any technical malfunctions; (b) the cost of procurement of substitute goods and App services; (c) unauthorized access to, or alteration of, your communications or data; (d) statements or conduct of any third party regarding the Parent App services; or (e) any other matter relating to the Parent App services.

In any case, Parent’s maximum aggregate liability under or in connection with these Terms or your use of the Parent App services is limited to the amount of Fees paid by you in the past 3 months.

You are responsible for your use of the Parent Service and you indemnify us

You are responsible for all activity that results from use of the Parent App services through your account. You are responsible for maintaining the security of your account and password. Parent will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure.

You indemnify Parent against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Parent may incur or suffer as a result of use of the Parent App services through your account or as a result of your failure to comply with these Terms.

No malicious or illegal use

You must not: (a) use the Parent App services in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of the Parent App services; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Parent App services; (d) use the Parent App services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from the Parent App services or our systems or attempt to decipher any transmissions to or from the servers running any Parent App services; (f) disclose or distribute information relating to another User of the Parent App services to any third party, or use any other User’s information for any marketing purposes unless you have that User’s express permission to do so; or (g) access or register User logins via bots or other automated methods.

Reasonable use policy

You agree to use the Parent App services in a reasonable way. If we determine that your use of the Parent App services is not reasonable or that your use is causing degraded performance of the Parent App services for you or for other Users, we may impose limits on your use of the Parent App services. Where possible, we will endeavor to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits.

Limits on your use of the Parent App services may include (but are not limited to) the quantities of the following parameters, per institution: (a) storage required to host and backup institution data; (b) posting photos, videos per calendar month; (c) API (application programming interface) calls per five (5) minute period; (d) page views per five (5) minute period; (e) bandwidth usage per twenty four (24) hour period; (f) support tickets opened per calendar month; or (g) institutions, users.

Intellectual property

You agree that Parent owns all of the intellectual property rights existing in the Parent App services. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use Parent’s brand, branding or logos except with Parent’s prior written consent.

You grant Parent a royalty-free, irrevocable, perpetual license to use (including for commercial purposes) information and/or data collected by Parent through your use of the Parent App services, provided that we aggregate or anonymize that information or data before using it. Other than this right, Parent claims no intellectual property rights in relation to the information or content you input into the Parent App services.

You may provide us with comments, feedback or suggestions on Parent App services, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.

General

If we don’t insist that you perform any of your obligations under these Terms, or if we do not immediately enforce our rights against you, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

Each clause in these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

You are not permitted to assign, sub-license, novate or transfer these Terms or any of the rights licensed under them.

These Terms shall be governed by Danish Laws, and you submit to the exclusive jurisdiction of the Danish courts for any matter or dispute arising in relation to these Terms.

Additional Terms for Apple App Store downloads

If you have downloaded an App from the Apple App Store, the following additional terms and conditions in this clause 14 apply:

These Terms are solely between you and Parent, and not with Apple. We (and not Apple) are solely responsible for the App and its content (subject to these Terms). You acknowledge that Apple has no obligation to furnish any maintenance or support App services to you in connection with the App.

In the event of any failure of the App to conform to any warranty that might be contained or implied into these Terms, you may notify Apple, and Apple will refund the purchase price (if any) for the App. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by these Terms, and Apple is not responsible for such claims.

You must comply with the App Store Terms of use, including the Usage Rules.

You represent and warrant that you are not located in any U.S. embargoed countries or on any U.S. Government list of prohibited or restricted parties.

Apple and its subsidiaries are third party beneficiaries to these Terms and, upon your acceptance of them, Apple will have the right to enforce these Terms against you.