Terms and conditions

Last updated: September 25, 2023

Please read this agreement carefully before using the application/service. By using the application/service, you agree to be bound by the terms and conditions hereof. If you do not want to be bound by these terms and conditions, you should not access or use the application/service. If you do not comply with this agreement, we reserve the right to terminate this agreement. Aquaphor may modify this agreement at any time at our discretion, and such modifications shall be effective immediately upon posting of the modified agreement in the application. You agree to review the updated agreement to be aware of such modifications and your continued access or use the application/service shall be deemed your conclusive acceptance of the modified agreement.

This Application (further referred to as “Application”) are in no way intended to replace medical counseling. Always consult a doctor or a medical professional before making any changes to your lifestyle connecting with the Application or if you have any health problems/medical conditions and/or questions related to your state of health.

USE THE APPLICATION/SERVICE AT YOUR OWN RISK

If you use the Application and/or rely on it, you do so solely at your own risk. We do not make no endorsement, representation, or warranty of any kind about any content, information, or services. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Application. Use of the Application should not replace your common sense and recommendations of your doctor. Please comply with all recommendations of your doctor.

HEALTH DISCLAIMER

Aquaphor is not a medical organization. Aquaphor does not provide and medical, dietitian or nutritionist services or any other health related advice. Aquaphor does not provide any advice or recommendations – the Application just rack your water daily intake based on the targeted water daily intake you have indicated. Nothing contained within the Application should be construed as medical advice, consultation or diagnosis, and it should not be used to make such diagnosis. Please consult a medical professional for such services/advice.

CONSULT YOUR DOCTOR/MEDICAL ADVISOR BEFORE USING THE APPLICATION/SERVICE

The Application is not intended to diagnose, treat, cure, or prevent any disease or health issue. If you have a medical condition and/or kidney and/or stomach problems/diseases, consult your doctor before using the Application/Service. If you experience a medical emergency, stop using the Application and consult with a medical professional. We are not responsible for any health problems that may result from information/notifications you learn about through/received from the Application. If you follow information/notifications you received from the Application, you agree that you do so at your own risk and are voluntarily participating in these activities.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE.

Interpretation and Definitions

Interpretation

The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”. The words “hereof”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” “and/or”. The “term” “and” mean “and/or”. All terms defined in this Agreement shall have the defined meanings. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such term.

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic device, named “Aquaphor smart bottle application”
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Aquaphor Device means Aquaphor smart bottle
Country refers to: Estonia
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to AQUAPHOR International OU, L.Tolstoi 2A, Sillamae, Estonia
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Application.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 14 or any higher allowable minimum age in the jurisdiction where You reside. The Company does not permit those under 14 to use the Service, unless Your parent has consented in accordance with applicable law. You cannot access or use the Service if you are not allowed to receive Service under applicable law or have previously been suspended or removed from the Service.

You may only connect to the Service using an original Aquaphor device.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Equipment

Fully functional use of the Service requires a Device with supported software and Internet access. Technical conditions of this Device may affect the performance of the Service and it is solely your responsibility to ensure Device’s workability. Under no circumstances can we be responsible for your Internet charges – it is solely your responsibility.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 EUR if You haven't purchased anything through the Service.

The information, recommendations and/or Services provided to You on or through the Service are for general information purposes only and does not constitute advice. The Company will reasonably keep the Service and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Aquaphor Rights

Our Intellectual Property includes any software, technologies, works of authorship of any kind, photos, images, graphics, trademarks, logos, data, text and other information, content, or other materials that made available through the Service or is a part of the Application and all underlying technologies. Our Intellectual Property are protected by copyright, trademark, patent, intellectual property, and other laws of Estonia, European Union, United States of America and other countries. We reserve all rights not expressly set forth in these Agreement. Our Intellectual Property may not be copied, imitated or used, in whole or in part, without our prior written permission. If our Application contains Intellectual Property which belongs to third parties, these Intellectual Property may not be copied, imitated or used, in whole or in part, without the permission of the owner.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

European Union Legal Compliance

You represent and warrant that you are not listed on any European Union list of prohibited or restricted parties.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: dataprotection@aquaphor.com
By visiting this page on our website: aquaphor.com