These terms and Conditions (below “The Terms”) constitute a legal agreement between you and OhCleo AB, 559260-6700, Döbelnsgatan 55 A,113 52 Stockholm (below "Oh Cleo", “Us” or “We”). We, will under our discretion and these terms, permit you to access and use the Oh Cleo application (below the “App”), all associated information and/or content accessible through, or in conjunction with, the App (“Content”), subject, to payment of an applicable charge, as further described in Section 4 of The Terms.
1. Who is OhCleo
We are OhCleo AB (organisation number 556946-8498), a company registered in Sweden whose principal place of business is Döbelnsgatan 55A, 113 52 Stockholm, Sweden.
2. Our Agreement
By downloading the App from any source where it is available, you are acknowledging that you have read, understand and accept the The Terms.
When you access the content through any other form (for instance but not limited to a embedded player)( below “The Services”), you are acknowledging that you have read, understand and accept the The Terms. If you do not agree to the The Terms, We will not license the Services to you, you undertake to stop using the Services, and uninstall the app from your devices by the method appropriate to your particular device.
3. Your Devices
You are the sole responsible to ensure you have all necessary rights to access the Services from, and/or download to, or use the App on, the device(s) you use for these acts (“Device”). Charges, such as mobile phonedata charges, may be applied by service providers for internet access on such Devices.
4. In-App Purchases
You may download the App absolutely free of charge. You may use some Content free of charge, but you acknowledge that most Content may be only applicable to subscribers and there will be a specified fee which you will pay, by way of an in-app purchase (“In-App Purchases”) or by alternatepayment method.
If you purchase a subscription the App Store provider’s terms and conditions (sometimes referred to as an “EULA”) applicable to in-app purchases will apply. You acknowledge and agree any billing and transactions are handled by the App Store provider. You should contact theApp Store provider directly if you have any payment related issues with In-App Purchases.
4.1 Promotion codes or Vouchers
The use of a promotion code or a voucher which you may acquire and use for the purposes of the App may be subject to alternate terms and restrictions.
5. Your Subscription and account
By signing up for a subscription agreement with OhCleo, you will receive allcontent and or additional related material.
5.1 Your account
In order to use The Services, you need to register an account in the App or as directed by us. Your account will include information regarding your on-going membership subscription agreement(s), price, tier, start and end date of the membership subscription agreement(s), payments etc, you will also be able to change tiers and terminate a membership subscription agreement(s) if applicable.
You are responsible for keeping your account and login details secure and are responsible for all activities that are carried out under them. You should choose a strong, unique password, which you do not disclose to anyone else or use with any other service. We will not be responsible for any losses suffered by you in circumstances where your account is used bysomeone else, unless this is caused by our negligence.
You warrant that any and all user information provided by you to OhCleo inconnection with creating an account is true and correct and that, when necessary, you will update your user information so that it remains true and correct at all times.
5.2 Fee and payment
In order to access all content made available by OhCleo, you will need to add your payment card details, or select any other available payment method, as instructed, and pay the fees associated with the subscription.
The fee is always payable in advance, and may be recurring monthly, quarterly, yearly or as otherwise specifically indicated. The fee, payment terms (including frequency) and other terms and conditions relating to the applicable Premium Content Offer will be presented to you at your order for the subscription.
Recurring payments (subscriptions) will be withdrawn from your registered credit card (or other applicable payment method) in advance and upon the renewal date of the subscription.
Failure to make full payment of the fees may result in the suspension of your access to the Content until the outstanding amounts are paid. Repeated occurrence of overdue payments may result in a complete termination of your user account.Depending on your location, some banks and credit card providers may also charge transaction fees. Oh Cleo does not control this charge. Please contact your bank for further information.
5.3 Right to withdrawal
You have the right to cancel any Subscription agreement that you have entered in to with Us within fourteen days without giving any reason. The withdrawal period begins when the Services agreement is concluded. To exercise your right of withdrawal, you must give us notice of your wish to cancel subscription. Such notice may be given by using the withdrawal form issued by the Swedish Consumer Agency (Sw. Konsumentverket). The withdrawal form can be found here: http://publikationer.konsumentverket.se/kontrakt-och-mallar/angerblankett.
In the event that you cancel a Subscription, we will reimburse you for any payments that we have received from you, without undue delay, and no later than fourteen days from the date when we received your notice of cancellation. Any amounts to be repaid will be repaid by use of the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you.
We may charge you a reasonable compensation for the Services already performed by Us prior to the receipt of your notice of cancellation and an administrative fee.
5.4 Termination of your account and the Services
You may delete your account and stop use the OhCleos services and content at any time and for any reason. In such case, your rights and obligations under these Terms will also terminate except for such obligations of yours that have arisen as a consequence of your use of the Oh Cleos services before the deletion of your account. For the avoidance of doubt, any fees already paid will not be refunded.
7. Your rights to use the services
If you comply with the Terms, We grant you, at our discretion, the right to: access and use the App and/or other metods directed by us to access the Content; and to stream a copy of any available Content onto your Device and to view, use and display the OhCleo Software and any Content on yourDevice(s).
You acknowledge that your use of the Services grants you no rights in or to the Services or any of our intellectual property rights (including copyright, trademarks and patents) other than the right to use the Services in accordance with the these Terms. We do not sell the App any Content or Software to you.
8. Content from you as a user
To the extent that this functionality is available, you acknowledge that the Services may enable you to communicate with other users of our Services and post messages, personal information, images, text and other material (“User Content”) which can be seen by others.
You agree that in using the Services, including in relation to any User Content, you will not:
disseminate any content which may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or
create spam messages; or
distribute viruses or any other technologies that may harm Us or the interests of any other users of the Services, or otherwise interfere with or disrupt our systems; or
advertise or promote third party or your own products or services includingby way of the distribution of ‘spam’ email.
By posting or making available any User Content via our Services, or by sending any User Content to Us, you are promising Us that you have the right and all necessary approvals to use such User Content and that We can use it in any media without any payment or obligation to you or anyone else. You further promise Us that the availability or publishing of any such User Content as part of our Services will not cause Us to infringe the rights of any third party or to be in breach of any applicable law or regulation. You agree to compensate Us for any losses We suffer as a direct result of any breach by you of any of the promises made by you in this Section 8.
We may remove any User Content which we reasonably consider does not comply with the Terms. Any use of any User Content on the App is not a recommendation or representation by Us and you should not rely on its accuracy. Any such reliance is done so at your own risk.
9. Restrictions of your use of the services
By accepting these terms You agree:
not to copy the Services provided (or any part of any of them) or the content;
not to make alterations to, or modifications of, the whole or any part of the services provided, or permit services or content or any part of any of them to be combined with, or become incorporated in, any other programs;
not to perform any action which may disrupt, damage, or impair our Services (or any part thereof), or prevent other users from using any part of our Services;
not to deliberately exploit any bugs you find in our Services;
not to use the Services for any purpose other than your personal use; and
not to use our Services for any illegal or unlawful purpose.
10. The content providedYou acknowledge that
We are not responsible for the accuracy of the Content that is provided through to the App and that reliance on such Content is expressly at your own risk as the content is fictional. We accept no liability for direct or consequential loss arising as a result of the accuracy, timeliness, completeness or usefulness of information available on or through the App.
The Services may contain links to third party websites or services which are not operated or controlled by Us. You acknowledge and agree that We are not responsible for and do not endorse their content or its accuracy and such services may be subject to their own terms and conditions. Any arrangement made between you and any third party named on the App is at your sole risk and responsibility.
11. Your legal rights and the limits of our liability to you
If We breach these Terms, We shall only be liable for direct losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by You and Us at the time of entering into these Terms.
We are not responsible for: (i) losses not caused by our breach; (ii) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and Us at the time of entering into the Terms, for example loss of profits or loss of opportunity; (iii) any loss arising as a result of the accuracy, timeliness, completeness or usefulness of any information in any Content on the App; or (iv) failure to provide the Services or to meet any of our obligations under the Terms where such failure is due to events beyond our control (for example but not limited to a network failure).
Other than as set out above Our total liability to you for any loss or damage arising in connection with the Terms shall be limited to the latest 12 monthly fees paid by you to OhCleo or a minimum amount of 50 USD.
12. Breach the Terms
If you breach the Terms, (without limiting any other remedy We may have), We may at our sole discretion, disable, partially disable, modify, or delete any or all of your accounts, block your IP address or Device from accessing our Services or in any other lawful way partially or fully restrict your access to any of our Services. This shall not limit our right to take any other action against You that We consider appropriate to defend our rights or those of any other person.
If you breach these Terms and We take no action against you, We will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
13. Availability of Oh Cleos services
Whilst We use all our reasonable efforts to provide a reliable service and software, We do not guarantee that the App or our the Content will be available 100% of the time.
As We want to constantly improve our Services We reserve the right to alter the App and Content at any time, including adding, removing or changing features and material (which may advantage or disadvantage you).
14. Push Notifications
The App may offer push notification features. You can turn these off by visiting the settings menu on your Device.
15. Changes or additions to the these termsYou agree that We may update or amend these Terms to reflect updates to our App, Services, Content and/or as a result of legal or regulatory changes. We will give you reasonable notice of any changes, and your continued use of the App, or any other applicable Software will signify your agreement to those changes.
16. Rights of third parties
When accessing the App through the iTunes App Store
Acknowledgement: You acknowledge that these Terms are concluded between you and Us, and not with Apple, Inc. You acknowledge that your use of the App is subject to the iTunes usage rules as set out at http://www.apple.com/legal/internet-services/itunes/us/terms.html (the “iTunes Usage Rules”) (which you acknowledge you have had the opportunity to review) and in the event of a conflict between these Terms and the iTunes Usage Rules, the iTunes Usage Rules shall take precedence.
Scope of Licence: Your licence to use the Services is limited to use of the Services on an Apple device that you own or control and as permitted in accordance with iTunes Usage Rules.
Maintenance and Support: Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: To the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App or sour Services.
Product Claims: We acknowledge that We, not Apple, Inc. are responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability to you is not limited beyond what is permitted by applicable law.
Intellectual Property Rights: In the event of any third party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, We, and not Apple, Inc. will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Beneficiary: Apple, Inc. and its subsidiaries, are third party beneficiaries of the OhCleos Terms, and that, upon your acceptance of the OhCleos Terms, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce OhCleos Terms against you as a third party beneficiary thereof.
When accessing the App through the GooglePlay Marketplace
You acknowledge that your use of the App is subject to the Google Play terms of service, as set out at https://play.google.com/intl/en-GB_uk/about/play-terms.html (the “Google Play Marketplace Terms”).
When accessing the App through any other App Store
You acknowledge that your use of the App may be subject to the terms of service of any relevant App Store through which you access the App.
You acknowledge that We may transfer our rights under these Terms (and any related claims) to any third party without having to obtain your prior consent. Such transfer will be regulated according to applicable laws.
These Terms shall be governed by and construed in accordance with the laws of Sweden without regard to its conflict of laws principles, unless otherwise provided by mandatory law in the law of the country the consumer lives in.
If We are unable to resolve any disputes between you and Us, you have the right to refer the dispute to the EU’s Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
If you are a consumer in Sweden, any dispute arising out of or in connection with your order of Services or these Terms may be referred to the Swedish National Board of Consumer Disputes (ARN), Box 174, 101 23 Stockholm, www.arn.se.