Caressa Mobile App Terms of Use

Effective Date: 2024-04-04, Sweden
Essity Hygiene and Health AB
Visitor address: Mölndals bro 2,
Mölndal, Sweden
Postal address: SE-405 03
Gothenburg, Sweden
1.  ACCEPTANCE OF TERMS
References below to “Essity”, “us” or “we” are references to Essity Hygiene and Health AB and/or its affiliates as a provider of this mobile app (“App”). The Apps through which we collect information are collectively referred to herein as the “Services.” Essity permits use of and access to the Services subject to the following Terms of Use ("TOU"). Essity may, at its discretion, update these TOU at any time. You can access and review the most current version of the TOU in this App.
PLEASE REVIEW THE TOU CAREFULLY. BY REGISTERING FOR AN ACCOUNT, ACCESSING OR OTHERWISE USING THE APP, YOU AGREE TO BE BOUND BY THE TOU, INCLUDING ANY REVISIONS.
2.  ABOUT THE APP AND REGISTRATION
To use the App, you may be required to register for an account by providing your email address, mobile phone number and password.
In downloading and using the App, you represent that: (i) you are the user of the App, (ii) you will provide true, accurate, current and complete information as prompted by the App's registration form (the "Registration Data"); and (iii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Essity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Essity may suspend or terminate your account.
You are fully responsible for all activities that occur under your account. You are responsible for keeping your password confidential and you may not share your account or password with anyone. You agree to notify Essity immediately of any unauthorized use of your account or password or any other similar breach of security.
You can terminate your account at any time and all personal data will be deleted in compliance with applicable data protection legislation.
You represent and warrant that you are: (i) over eighteen years of age; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the App under the laws of Sweden or any other applicable jurisdiction.
3.  PRIVACY POLICY
In addition to the TOU, the Privacy Policy governs your access to and use of the App. Our Privacy Policy is provided along with these TOU (“Privacy Policy”). We may update that Privacy Policy from time to time on reasonable notice to you as described therein. Applicable laws and regulations require that Essity protects the privacy of your personal data.
4.  SUBCRIPTION AND PAYMENT TERMS
Caressa Free Trial Period
Upon registration, users will be granted a free trial period lasting three months, during which they will have access to a limited part of the content. Users will receive notifications both in-app and via email as the end of the free trial period approaches. Users have the option to cancel the free trial at any time without incurring any charges.
Caressa Premium
Following the conclusion of the free trial period, users can opt for either a monthly or yearly subscription plan to gain full access to all content in the service. Payment and management of subscriptions are made through the App Store/iTunes Store and Google Play Store/Play Store using your registered account with Apple or Google. We are not responsible for technical problems related to the payment solution.
The right to use Caressa Premium is personal and limited to the user account that made the payment, as well as additional users invited by the payer. The individual who creates the Loved One profile and invites other care members will serve as the account administrator. Only the administrator will be required to maintain a subscription; for other care members, access will be free of charge. An administrator can manage up to three Loved Ones under a single subscription.
Price Changes
We may occasionally provide special offers or price reductions, and the price for Caressa Premium may also change. Such temporary or long-term changes do not affect you if you already have an active subscription and, therefore, do not affect your obligation to pay the agreed amount at the time you subscribed to Caressa Premium. In other words, even if we increase the price for Caressa Premium, your price will not increase as long as your subscription is active.
Termination of Caressa Premium
You have access to Caressa Premium until the subscription expires, i.e., as long as you pay for the Service according to the applicable payment terms, and provided that our agreement with you has not been terminated. You have no contractual commitment and can cancel Caressa Premium whenever you want.
You pay in advance and therefore always retain your access to Caressa Premium for the entire period you have paid for. However, we have no obligation to extend your subscription.
To cancel Caressa Premium, you need to manually opt out of subscription renewal via Apple or Google Play. Here is how to do it:
-
If you have a subscription through Apple: Choose to turn off the subscription renewal through the device’s “Settings” where you can find your “Subscriptions”. Apple’s subscription terms require you to cancel the subscription at least 24 hours before the next renewal for the subscription to end within the current payment period.
-
If you have a subscription through Google Play: Opt out of subscription renewal by visiting play.google.com, logging in, and selecting “My Subscriptions”. Click on “Manage” and then “Cancel Subscription”.
Please note that the agreement for Caressa Premium, i.e., the subscription, is not cancelled by uninstalling the app. This applies to both Apple and Google Play.
Refund
All purchases are final, and we do not offer any refunds for Caressa Premium. However, you have the right to apply for a refund for your purchase of Caressa Premium via Apple or Google Play, where Apple or Google Play will assess the refund eligibility. Please note that this does not apply to automatic subscription renewal but only to the initial payment at the time of subscribing to Caressa Premium.
Contract Period and Termination
The agreement between us and you regarding your use of the Service is valid from the registration of your user account or from the time you otherwise start using the Service and is valid until further notice. You have the right to terminate the agreement at any time. ¨
You can delete your user account directly in the app. Go to “Account Settings” by clicking on the three bars in the right upper corner on your Loved Ones home page. Then press “Delete My Account” and then “Confirm Deletion”. You can also contact us at support@caressa.care to request the deletion of your user account. If you have used a social media log-in method (with e.g. Facebook) and want to remove the information provided from the chosen social media platform, you need to delete your Caressa account.
5.  GRANT OF RIGHTS
Subject to your compliance with the TOU in all material respects, Essity grants you a limited, personal, non-exclusive, revocable right to access and use the App.
6.  RESPONSIBILITY FOR CONTENT
  1. You acknowledge and agree that all information, communications, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the App, whether publicly posted or privately transmitted ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not Essity, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the App ("Your Content"), and other users of the App, and not Essity, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the App ("User Content").
  2. You acknowledge and agree that Essity has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Essity reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing, Essity shall have the right to remove any Content that violates the TOU or that it deems objectionable.
7.  RIGHTS TO CONTENT
  1. Essity does not claim ownership of Your Content. However, you grant Essity and its service providers a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display Your Content to provide the App and services. You understand that the technical processing and transmission of data associated with the App, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
  2. Except with respect to Your Content, you agree that Essity and its licensors own all rights, title and interest in the App and all Content within the App. You may not: (i) reproduce, distribute, alter, modify, create derivative works from or publicly display any Content (except Your Content); (ii) frame or utilize any framing technique to enclose any Content; or (iii) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code for any software within or associated with the App.
  3. The names and logos are trademarks and property of Essity or its affiliates ("Essity Marks"). You agree not to display or use in any manner any Essity Mark without Essity’s prior written consent.
  4. All content included on this App, such as text, graphics, logos, button icons, images, audio clips and software are the property of Essity. Unauthorized use or distribution of any materials in connection with this App may violate copyright, trademark, and/or other laws and may be subject to civil and/or criminal sanctions.
8.  USER CONDUCT
In connection with your access to or use of the App, you shall not:
  1. upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  2. impersonate any person or entity, including, but not limited to, Essity personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the App;
  4. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the App are able to type, or otherwise act in a manner that negatively affects the ability of other users to use the App;
  5. take any action that imposes an unreasonable or disproportionately heavy load on the App or its infrastructure;
  6. interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App;
  7. use spiders, crawlers, robots or any other similar means to access the App or substantially download, reproduce or archive any portion of the App;
  8. sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the App, including, but not limited to, your user account and password;
  9. copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or of any component of the App, in whole or in part; or
  10. violate any applicable local, state, national or international law or regulation.
9.  LINKS AND EXTERNAL MATERIALS
The App or users of the App may provide links to other websites or resources provided by third parties. You acknowledge and agree that Essity does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). These sites are subject to different terms of use and privacy policies which you are responsible for reviewing. You further acknowledge and agree that Essity shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials.
10.  MODIFICATIONS TO THE APP
Essity reserves the right at any time to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. You agree that Essity shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App (or any portion thereof).
11.  TERMINATION
In the event that you violate these TOU, all rights granted to you under these TOU shall be terminated immediately, with or without notice, and Essity, in its sole discretion, may remove and discard Your Content.
12.  INDEMNIFICATION
You agree to indemnify and hold Essity and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the App or violation of the TOU.
13.  PRODUCT DESCRIPTION
Essity attempts to be as accurate as possible. However, Essity does not represent or warrant that product descriptions or any other Content is accurate, complete, reliable, current or error-free.
14.  HEALTH INFORMATION DISCLAIMER
Some portions of the App may provide information about which Essity products may work best for you based upon information that you provide. Such content on the App is presented in a summary fashion and is intended to be used as a help tool, but it should never replace your own judgment. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, course of action or medical or healthcare provider. Your use of the App does not create a doctor/patient relationship. THE APP DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use the App to diagnose a health or fitness problem or disease. Use of the App does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. Essity disclaims all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to on the App. Do not disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of any information you obtain from the App.
15.  DISCLAIMER OF WARRANTIES
  1. YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ESSITY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ("ESSITY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. THE ESSITY PARTIES MAKE NO WARRANTY THAT: (i) THE APP WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT THE APP OR ANY WILL ALWAYS BE UPDATED; OR (iv) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APP WILL BE ACCURATE OR RELIABLE.
16.  LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE ESSITY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE ESSITY PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL ESSITY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATING TO THE TOU OR YOUR USE OF THE APP EXCEED THE AMOUNT RECEIVED BY ESSITY FROM YOUR TRANSACTIONS WITH ESSITY ON THE SITE IN THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY SUCH CLAIM AROSE. CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
17.  GOVERNING LAW
These TOU shall be governed by and construed and enforced in accordance with local laws, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction.
18.  COMPLAINTS AND DISPUTES
If you have a problem with the Services, and were not able to settle the complaint with Essity, then you have the right to submit your complaint to the EU’s online dispute resolution platform (the “ODR platform”). The ODR platform is available here: http://ec.europa.eu/odr.
19.  NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the TOU, there shall be no third-party beneficiaries to this agreement.
20.  GENERAL PROVISIONS
The TOU constitutes the entire agreement between you and Essity concerning your access to and use of the App and any Device connected to the App. It supersedes any prior or contemporaneous agreements between you and Essity with respect to such subject matter. The failure of Essity to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of these TOU shall be held to be invalid or unenforceable under applicable law, then to the extent permitted by applicable law, such provision shall be construed limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, and the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
It is the express wish of the parties that the TOU and all related documents be drawn up in English.