STEPS.Life Terms of Service
Last Updated: 21th April, 2017
BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL INCORPORATED TERMS AND CONDITIONS.
We reserve the right to modify or replace any of the terms or conditions of this Agreement at any time. You will then be notified of such changes by email, account notification, or a notice posted on the Service. Your continued use of the Service following the notification of any changes to this Agreement constitutes acceptance of those changes. If you do not agree, you may close your account, which will terminate this Agreement.
You represent and warrant that: (a) you are of legal age to form a binding contract, and (b) you have legal rights as a parent or guardian of any child that you are recording and (c) if the child is 14 years old or more, you have informed the child that you are making recordings / pictures and storing these recordings on the Service, and have his/her consent for this.
1 SCOPE OF SERVICE
StepsLife provides a platform and App where parents may capture and preserve special moments in their child’s life and an email account for the child for receiving Content. The Service is operated through a mobile app. For the child, the Service is essentially a private time capsule that will help them relive some of the most important moments of their younger lives – life events that truly define us.
The Service is not an open social network but a closed platform, that allows users by invitation only. Access to the Service is managed by parents and guardians (“Account Administrators’) on behalf of their children. Account Administrators may invite other users, such as friends or relatives (“Invited Users”), to connect to their Child’s StepsLife account, so that they can share their memories of the child. These Invited Users are then able to view, receive and send messages, audio files, videos, images and other content from the App or by email to the child’s StepsLife email account.
As an Account Administrator or other user of the Service, you will be required to sign up for a StepsLife account, and select a password, user name (“StepsLife User ID”), and an e-mail account for the child, and indicate his/her gender. You promise to provide us with accurate, complete, and updated registration information about yourself and your child. You may not select as your StepsLife User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You will only use the Service for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party (other than your child), and only in a manner that complies with these Terms and all laws that apply to you. If your use of the Service is prohibited by applicable laws, then you are not authorized to use the Service. We cannot and will not be responsible for your using the Service in a way that breaks the law.
You will not share your StepsLife User ID or password with anyone, and you must protect the security of your StepsLife User ID and password. You are responsible for any activity associated with your account.
You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for any direct commercial purpose (such as charging other users to engage with the Service in any manner); (iv) remove or obscure any proprietary notices on the Service; (v) use the Service for any unlawful purpose; (vi) access any part of the Service in a manner not explicitly permitted by these terms; (vii) send unwanted messages or emails (i.e.,“spam”) to StepsLife’s users or otherwise through the Service; (viii) use domain names or web URLs of StepLife in your username without our prior written consent; (ix) interfere or disrupt the Service in any way; or (x) access the Service via any automated means including without limitation scripts, bots, spiders, crawlers, or scrapers.
Using our Service does not give you ownership of any intellectual property rights in our Service or any third party content you access. You may not use third party content from our Service unless you obtain permission from its owner or are otherwise permitted by law. This Agreement does not grant you the right to use any branding or logos used in our Service. Do not remove, obscure, or alter any legal notices displayed in or along with our Service.
In the event you submit any information to the Service (such as during the registration process), you represent and warrant that you have full right and authority to do so – and that such information is complete and accurate. You are responsible for all activity that occurs on your Service account (please never share your log-in details with anyone).
3 USER CONTENT
Our Service allows users to upload, submit, store, send or receive content (your “Content”). You retain ownership of any intellectual property rights that you hold in your Content, but by using the Service, you grant us the following right and license:
When you upload, submit, store, send or receive Content to or through our Service, you grant StepsLife (and those companies we work with) a worldwide license to host, store, reproduce, modify (to reformat or adapt and only so that your Content works better with our Service), communicate, publish, publicly display and distribute such Content only through our Service to you and your Invited Users. The rights you grant in this license are for the limited purpose of operating and improving our Service, and to develop new features. This license terminates if and when you terminate your account. We may offer you ways to access and remove content from an active StepsLife account, but cannot guarantee that you will always have the ability to do so. Make sure you have the necessary rights to grant us this license for any content that you submit to our Service.
Except as mentioned below, the above license granted by you for your Content shall terminate within a commercially reasonable time after you delete or remove any Content from the Service.
Notwithstanding the foregoing, you understand and agree that your Content may be stored (including in any third party cloud storage services) in our backup procedures and will be deleted within a reasonable time from termination of your account. In addition, your Content posted to another user’s StepLife account may remain viewable elsewhere in that other account to the extent that they were copied or stored by other users. In addition, your Content may be downloaded or saved by other Invited Users authorised to access this Content - e.g. your Content that you send in a text message to a friend - may be retained by the recipient users to the extent so downloaded.
If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service (“Feedback”), then you grant StepsLife a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute and otherwise fully exploit such Feedback for any purpose.
You understand and agree that StepsLife, in performing the required technical steps to provide the Service to our users (including you), may need to make changes to your Content to conform and adapt such content to the technical and legal requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
In connection with your Content, you affirm, represent, and warrant that (and that you can and will demonstrate to StepsLife full satisfaction upon its request that): (i) You have all necessary rights, licenses, consents (including from any child who is 14 or older) and waivers to grant all of the rights and licenses you grant above, (ii) your Content does not violate any laws or regulations, and (iii) your Content does not infringe or otherwise violate any third party rights (including, without limitation, intellectual property rights, and the rights of publicity and privacy).
4 USER CONTENT RESTRICTIONS
You must not submit any content that is in violation of these terms or our Community Guidelines.
You are solely responsible for your Content and the consequences of posting, publishing or sharing. You agree that StepsLife has no liability with respect to any of your Content, and you irrevocably release StepsLife and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to any and all such Content.
StepsLife reserves the right at any time and at its discretion to decide whether your Content is inappropriate or violates this Agreement (including our Community Guidelines). We do not monitor any Content on a regular basis, however we may make spot checks and also review Content if it is reported. StepsLife may remove any of your Content at any time – especially but not limited if there is a violation of the Community Guidelines, this Agreement, or any related agreement – with or without prior notice, however we will inform you subsequently of any reported or removed Content.
Unless otherwise indicated in the subscription fees, your Content is limited to 20GB of data.
5 GENERAL CONTENT
You agree that the Service contains information and other content specifically provided by StepsLife or its partners or suppliers and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. For example, StepsLife, the StepsLife logos and any other product or service name or slogan contained in the Service are trademarks of StepsLife or its partners or suppliers. Except as expressly authorized by StepsLife in writing, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. Reproducing, copying or distributing any such content, including any materials or design elements on the Service, for any purpose is strictly prohibited other than as expressly authorized in this Agreement or without the express prior written permission of StepsLife. Any authorized use of such content must be in accordance with any guidelines that StepsLife may provide you from time to time.
StepsLife offers up to 1GB of storage for the entire duration of your StepsLife account. If you require more storage, you may subscribe to the Service with your credit card, subject to the yearly fees as stated on our website www.steps.life, which may be subject to change from time to time.
Prices are stated with/without VAT or sales tax, as indicated on the webpage. Full details of the arrangements for payment, delivery, performance of the services as well as applicable VAT are set out at http://steps.life/#pricing
As the service is delivered electronically from the moment of account registration, advance fees are not refundable and you have no statutory right of withdrawal. However, you may terminate your account thereafter at any time, but with no refund.
7 YOUR INFORMATION
You must provide current, complete and accurate information for your billing account. You must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your name. You authorize us to make periodic payments by debit from your payment method (credit card, etc.) in accordance with your subscription until you terminate your account or otherwise inform us that the payment method is no longer valid.
8 WARRANTY DISCLAIMER
We will use reasonable efforts to provide the Service diligently and professionally. Except as expressly indicated and to the maximum extent permitted by applicable law, the service is provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non- infringement. Stepslife and its licensors make no warranty that (i) the Service is free of viruses or other harmful components, or (ii) the results of using the Service will meet your expectations. In addition, Stepslife and its licensors make no warranties with respect to any user content. You access, engage with, download and use user content at your own risk. The foregoing disclaimer shall not apply to the extent prohibited by applicable law. Stepslife makes no representation or warranties with respect to any third party products or services available through, or advertised on, the service.
9 LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Stepslife, its officers, directors, employees, agents, or licensors be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the Service or any other subject matter of this agreement for any direct or indirect or consequential loss, including without limitation, damages, loss of reputation, equipment failures or other damage or loss, arising out of or relating in any way to (i) the use or the inability to use the App and Services; (ii) reliance placed by you on the completeness, accuracy or existence of any of the Services (iii) any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the Services (iv) unauthorised access to or alteration of your data or failure to keep your password or account details secure and confidential; (v) the deletion of, corruption of, or failure to store, any your content and other communications data maintained or transmitted by or through your use of the Services; (vi) any errors in any content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Service; or (vii) statements or conduct of any third party on the Service.
Our aggregate liability arising out of this statement or StepLife will not exceed the greater of one hundred euros (€100) or, in the event of total loss of your Content, the total amounts paid by you to us in the previous year of Service. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
In addition, StepsLife shall have no responsibility or liability with respect to any user content. The foregoing limitations shall not apply to any gross negligence or intentional misconduct by StepsLife and to the extent prohibited by applicable law. StepsLife has no liability in connection with any third party products or service available through, or advertised on, the service (such as, Google’s cloud services or third party product promotions).
Each party shall indemnify and hold harmless the other, and any affiliates, partners, and their partners, employees, contractors, directors, suppliers and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys' fees, that arise from or in connection with (i) its breach of this Agreement, (ii) any content (including, without limitation, with respect to the violation of any third party intellectual property rights, or rights of privacy or publicity) or (ii) any disputes or other issues it has or may have with any other StepsLife users. The indemnifying party reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification hereunder, in which event the other party will fully assist and cooperate with the indemnifying party in asserting any available defenses.
11 THIRD PARTY WEBSITES AND ADVERTISING
StepsLife has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Service. In addition, StepsLife will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Service, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that StepsLife shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
12 TERM AND TERMINATION
The term of this Agreement shall commence upon registration and creation of your StepsLife Account and shall continue for one (1) year. The term shall renew automatically for one-year periods, until termination of this Agreement by either party, for any reason.
If you want to terminate this Agreement, you must cancel your Service account. You can cancel your account at any time by selecting the ‘delete this StepsLife Account’ on your profile page within the Application. If you do not have an account, you can terminate this Agreement by ceasing to use the Service. For voluntary termination in this manner, no fees are refundable.
In the event of termination without cause by StepsLife, you may retrieve your content for a period of 30 days and will be refunded proportionally to the remaining time of your subscription (credit card refund).
StepsLife may terminate or suspend your access to the Service for materially violating this Agreement and will provide you notice of the breach of this Agreement and its intention to terminate. You will have the right to retrieve your content for a period of 30 days, but have no rights of any refund. After that 30-day period, your account and content will be deleted and you may no longer access (or attempt to access) the Service without signing up for a new account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, all warranty disclaimers, limitations of liability and disputes resolutions provisions.
14 COPYRIGHT POLICY / Other Rights
We respect the intellectual property rights of others and expect users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you believe that your content has been copied in a way that constitutes copyright infringement or an infringement of any other third party rights, please provide us at firstname.lastname@example.org with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf, or the person whose rights are otherwise breached; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iii) identification of the third party work or rights claimed to have been infringed; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or other rightsholder or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are the copyright owner/rightsholder or that you are authorized to act on their behalf.
You may also contact us at:
STEPS LIFE S.L.
Carrer Vallespir 19, 4-1
08173 Sant Cugat del Valles (Barcelona)
Att: Abuse Report
We reserve the right to remove content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer.
15 APPLE DEVICE TERMS
Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.
The following shall apply:
· Both you and StepsLife acknowledge that this Agreement is concluded between you and StepsLife only, and not with Apple, and that Apple is not responsible for the App or any content available through the App;
· You will only use the App in connection with an Apple device that you own or control;
· You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
· In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
You acknowledge and agree that StepsLife, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App. You further acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, StepsLife, and not Apple, will be responsible for the investigation, defense, settlement or discharge of any such infringement claim.
We acknowledge and agree that, in your use of the App, you will comply with any applicable third party terms of agreement, which may affect or be affected by such use. We acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
16 DISPUTE RESOLUTION
Informal Mediation. Ideally, if you have any concerns or complaint against StepsLife, we would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against StepsLife, you agree to try to resolve the dispute informally by contacting email@example.com. StepsLife will attempt to resolve the dispute informally (and will contact you via email). If a dispute is not resolved within 15 days of submission, you may bring a formal proceeding.
Please note that the European Commission provides an online dispute resolution platform for European consumers available here: http://ec.europa.eu/consumers/odr/.
This Agreement shall be governed by the laws of Spain, without giving effect to the conflicts of law provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. The parties expressly agree that any conflict which may arise in relation to the interpretation or performance of this Agreement will be submitted exclusively to the ordinary courts of Barcelona, Spain, without prejudice to any other jurisdiction or court to which you, as consumer may be entitled to submit such conflict.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. StepsLife shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond StepsLife reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with StepsLife prior written consent. StepsLife may transfer, assign or delegate this Agreement and its rights and obligations upon notice to Users, and provided the assignee guarantees to the Users to respect the provisions of this Agreement (or substantially similar provisions that do not prejudice or diminish the Users’ rights hereunder).
Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement.
The Service utilizes Google Cloud Platform; servers are located in West Europe.
If you have any concerns regarding this Agreement, please contact us at firstname.lastname@example.org.