Terms & Conditions
For the use of the app Breakpoints4U
The terms and conditions below govern the License Agreement between you and Breakpoints4U.
Definitions
For the purposes of these terms and conditions:
· The Company (called either "The Company", "We", "Us" or "Our" in this Agreement) refers to: Breakpoints4U ApS, CVR No. 40 65 97 57, Farum 3520, Denmark.
· Country refers to: Denmark
· The Service refers to the use of the app: Breakpoints4U
· Device means any device that can access the service. The application, Breakpoints4U, is made with the purpose of being used on a cellphone (smartphone).
· Terms and Conditions (also referred to as "Terms”) mean these Terms and Conditions that form the entire License Agreement between You and Breakpoints4U.
· Third-party Social Media Service means any service or content (including data, information, products or services/services) provided by a third party that may be displayed, included, or made available in the Service.
· The website refers to Breakpoints4U, available from: https://www.breakpoints4u.com
The purpose of the App (Service)
The purpose of this App is to make the users more aware of their mobile usage so that they can more easily change a given behavior. This improved understanding of one’s mobile usage is achieved through conscious “Breaks” away from the mobile phone.
Agreement
These Terms and Conditions apply when using the Service and constitute an agreement between you and Breakpoints4U. Your access to and use of the Service is subject to your agreeing and complying with these Terms and Conditions.
By registering as a user of the Service, you agree to be subject to these Terms and Conditions. If you do not agree to these Terms and Conditions, then you should not use the Service.
By agreeing to these Terms and Conditions, you confirm that you have reached the age of 13. Parents and guardians are responsible for children under the age of 18 who use the Service.
Your access to and use of the Service is subject to your acceptance and compliance with our procedures for collecting and using your personal information (name, username, age and telephone number) that you provide when you register and log in. We recommend that you read our rules about how we protect your personal data before using our Service (see section below on "Consent to Use Data").
The service can only be obtained through Apple's software distribution platform, the App Store, Google's software distribution platform, the Google Play Store, and through Breakpoints4U’s website which sends the customer to one of the above App stores.
By ticking the box ("I accept") at the end of this document, you agree to these Terms and Conditions. The Terms and Conditions will take effect immediately thereafter.
This Agreement does not allow you to use the Service on devices that you do not own or control. You may not distribute or make the Service available through a network where the Service can be used by multiple devices at the same time. Sublicensing of the Service is not permitted. You may not copy, decompile, disassemble, attempt to derive the source code for, modify, or create derivative works of Service or any part thereof. Any attempt to do so would be regarded as an infringement of the company’s rights and could result in prosecution and claims.
By using the Service, you indicate that you will not use the Service to harass, abuse, stalk, threaten, defame, or otherwise violate the rights of any other party. Breakpoints4U cannot be held responsible for such use of the Service.
Premium subscription
The Service offers the purchase (via debit card) of a Premium subscription at a cost of DKK 9 (including 25% VAT, equivalent to DKK 1.80) that is automatically renewed and paid on a monthly basis.
The Premium subscription gives the user access to the Premium version of the Service, which has various benefits in comparison with the Freemium version, including that the users can convert/redeem their earned points into gift cards in the Shop, which is located inside the Service itself.
Breakpoints4U has the right to change the subscription fee if this is necessary to cover the running costs. If you do not wish to accept a changed subscription fee, you can cancel the subscription with a 30-day notice.
The premium subscription will be delivered immediately after your purchase.
Right of withdrawal
You waive the 14-day right of withdrawal when you register as a user of the Premium subscription.
Links to other websites and social media platforms
Our Service contains links to third-party websites, social media platforms and services that are neither owned nor controlled by Breakpoints4U.
Breakpoints4U has no control over and assumes no responsibility for the content, privacy policies or practices of third-party websites or services. By agreeing to these Terms and Conditions, you acknowledge that Breakpoints4U cannot be held liable, directly or indirectly, for damages or losses caused or alleged to be caused by or in connection with the use of goods or services available on or through such websites or services.
We advise you to read Facebook's and Instagram's terms and conditions as well as their Privacy Policies.
Limitation of liability
The service is provided to you as "it is" and with the defects that may be, without warranty or obligation of any kind for Breakpoints4U.
Notwithstanding any damage to software and/or hardware that you may incur as a result of use of the Service, the Company's liability under the terms of these Terms is limited to an amount equal to the price of a 2-month Premium Subscription.
Inability to use all or part of the Service and loss of points/gift cards obtained
To the extent permitted by applicable law, the Company and its suppliers shall under no circumstances be liable for any specific, incidental, indirect or consequential damages (including lost profits, loss of gift cards obtained, loss of points obtained, loss of data or other information, loss of privacy as a result of or otherwise in connection with the use of the Service, inability to use all or part of the Service, damaged third party software and/or third party hardware used with the Service, or otherwise in connection with the use of the Service), even if the Company or/and a supplier has been notified of the possibility of such damages.
Breakpoints4U acts solely as a distributor of the gift cards that can be obtained or won by the Service. Breakpoints4U does not provide any warranty of any kind in relation to products purchased with acquired gift cards through the Service. Breakpoints4U takes no responsibility for the replacement or repair of products purchased through gift cards obtained through the Service.
Service functionality
Although Breakpoints4U will do its utmost to ensure that the Service runs as satisfactory as possible without interruptions or errors, the Company makes no warranty or commitment and makes no declaration of any kind that the Service will never be affected by interruptions or errors. Breakpoints4U will, as far as possible, attempt to correct any errors or deficiencies that may arise.
Breakpoints4U does not guarantee that the Service will meet your requirements, achieve intended results, be compliant or work with other software, applications, systems or services, or meet any performance or reliability standards.
If you have won a prize in the Weekly Tournament three weeks in a row, you accept that there will be a period of four weeks during which you cannot win any prize in the Weekly Tournament.
Force Majeure
Breakpoints4U is not responsible for any failure to perform or for non-performance due to unforeseen circumstances or reasons beyond the Company's reasonable control.
As far as possible, the service supports the latest versions of operating systems from Android and iOS, and thus aims for a satisfactory service.
When service announcements are sent out in form of push notifications, you agree to follow the issued messages that allow you to update to the latest version of the Service, so it can be installed on your smartphone.
Breakpoints4U has the right to change the number of points that can be obtained in connection with the Service's functions and how the points are earned. However, Breakpoints4U shall give at least 30 days' notice before such change takes effect.
Consent to use of data
Please see the separate document that requires your consent. In this document, we specifically ask for your acceptance of our use of data and acceptance of receiving notifications in the form of service announcements, such as software updates, which are necessary for the breakpoints4U app's various features to work and for you as a user to have the best possible experience. You agree to receive other notifications ("push notifications") by a separate consent in the app. These are notifications that are triggered by various features of the app, such as "Break invitations".
By using the Service, you agree that Breakpoints4U may collect and use technical data and related information, including, but not limited to, technical information about your device, system and application software, and external devices collected to facilitate the delivery of software updates and service support to you in connection with the licensed service.
Breakpoints4U neither shares nor sells your data to third parties. This data will be deleted again when you stop using the Service, either if you as a Freemium user delete the Service or when you as a Premium user have terminated the Service and the use of Breakpoints4U has ceased. However, the law requires Breakpoints4U to keep your consent form for 2 years after the use of the Service has ceased, which we naturally comply with. Should you wish, you can withdraw your consent at any time.
Regarding our collection of information in general
When we collect users' information, we make sure that:
· We ask for permission to collect information.
· We only use the information for the agreed purpose and for the time period during which it is necessary.
· We will as a minimum meet the local data protection laws in the user's country.
· We retain information that is legally required that we have in our register.
· We explain why we need the data and how we will use it.
· We do not share the information with anyone unless we have a legal or legitimate reason or we have permission from you or if you are a child under 16 from your parents.
Use of "Cookies" on our website
Cookies are small data files that your browser places on your computer or device. A cookie itself does not contain or collect any information. However, when it is read by a server through a web browser, it can help a website provide a more user-friendly service.
Like most websites, Breakpoints4Us website collects cookies. This information will not be linked to any other information we collect about you.
Applicable law
These Terms and Conditions are subject to Danish law.
Dispute settlement
Any dispute that may arise in connection with the use of the Service should first be resolved by contacting Breakpoints4U.
Complaints
If you as a user wish to complain, you can do that here:
Nævnenes Hus, Center for Klageløsning, Toldboden 2, 8800 Viborg - DK.
Phone:+4572405600
www.naevneneshus.dk
Changes in Terms & Conditions
We reserve the right to make reasonable changes in these Terms & Conditions. Upon a change to these Terms and Conditions, you will receive a notification from Us at least 30 days before the change takes effect via a notice in the Service.
By continuing to use the Service after the change has taken effect, you hereby accept the amended terms. If you do not want to accept the changed terms in whole or in part, you must stop using the Service, including cancelling your Premium subscription.
Cancelling and termination
The Service is valid until you delete you as a user, including cancelling your Premium subscription.
You can delete you as a user at any time. It is your responsibility to redeem any points earned to gift cards through the Service’s Shop and/or make use of your prizes/rewards in the respective online stores beforehand.
You can cancel your Premium subscription with 30 days' notice. Upon termination of your Premium Subscription, it will be your responsibility to redeem earned points for gift cards through the Service’s Shop and/or make use of your acquired prizes/rewards in the respective online stores before the end of the notice period.
Breakpoints4U reserves the right to immediately terminate and suspend a user if she or he violates any of the provisions of these Terms and Conditions. In such a case, Breakpoints4U will not provide any refund and you will not be able to redeem earned points for gift cards and/or make use of your earned prizes/rewards in the respective online stores.
Contact us
If you have any questions about these Terms and Conditions, you are always welcome to contact Us by email: [email protected]