BY USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (THE “AGREEMENT”). READ IT CAREFULLY BEFORE USING THE SERVICE.
NOTE THAT ALL INFORMATION AVAILABLE IN THE SERVICE, OR OTHERWISE PROVIDED BY STORKA, DOES NOT CONSTITUTE MEDICAL ADVICE AND STORKA DOES NOT TAKE ANY MEDICAL RESPONSIBILITY FOR YOUR USAGE OF THE SERVICE. ALL INFORMATION REVIVED BY YOU THROUGH THE SERVICE IS GENERAL AND YOU SHALL ALWAYS CONSULT QUALIFIED HEALTH CARE PROFESSIONALS IF YOU ARE IN DOUBT.
Storka has developed a digital wellness guide for people preparing to conceive, in the form of an easy-to-follow program to support physical, mental & emotional wellbeing (the “Service”). The content of the Service will mainly be delivered in video format, as well as in written form, and provided by the founders of Storka and by specialists with a variety of backgrounds and expertise relevant for the purpose of the Service (the “Lecturers”).
The Service provide generally available information and education regarding lifestyle, such as nutrition, movement, stress, and the human body. Nothing in the Service shall be understood as medical advice or health care and Storka never provide advice on an individual basis or advice regarding a specific disease or health condition.
Storka may, in its sole discretion, upgrade the Service and add, discontinue, or change functionality or content of the Service from time to time without providing You notice. The Terms shall apply on all new functionality and content provided in the Service.
Storka does not take any responsibility whatsoever, regardless of the cause, for any unavailability of the Service, or any difficulty or inability to access content, or any other communication system failure which may result in the Service not having full functionality.
You may only use the Service for the purpose of Your own personal use and in accordance with the Terms and all applicable laws and regulations.
If You are under any health care treatment, using medications, or otherwise under the care of health care professional, You should always seek individual medical advice from authorized and qualified health care professionals before changing any diet, discontinuing any medications, initiating use of supplements or similar.
You should never discard professional medical advice or delay in seeking professional advice based on any information provided to You through the Service.
You hereby understand that Storka and the Lecturers are not qualified health care professionals and do not provide any medical recommendations or advice.
Storka reserves the right to, at any time, limit Your access and usage of the Service if it’s necessary for technical, maintenance or safety reasons.
The Service is solely and in its entirely provided for general educational purposes. You hereby acknowledge and agree that the Service or Storka will not provide any medical advice, health care, medical or nutrition therapy services, or diagnose, treat, or cure any disease, condition or other physical or mental alignment, and the Service are not intended to be a substitute for medical advice from qualified health care professionals.
Storka specifically disclaims any responsibility for the content published by the Lecturers and shall not be liable for the accuracy of any statements or information therein.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE SERVICE ARE PROVIDED “AS-IS” AND “AS AVAILABLE”, AND STORKA DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, AND STORKA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
You agree to take full responsibility, and the entire risk, for Your usage of the Service and releases Storka and its contractors, employees, directors and affiliates from any and all damages, claims, or actions that may result from Your use of the Service. You shall defend, indemnify and hold Storka harmless for any and all damages, claims, or actions that may result from Your use of the Service.
Storka will not be liable for any direct damages or losses relating to the breach of the Agreement, to the extent permitted by applicable law. In no event will the Storka be liable for any indirect damages or losses, including but not limited to loss of profits, loss business opportunities, loss of use, loss of revenue, loss of goodwill, business interruption, loss of data, or any other indirect, incidental, punitive, special, or consequential damages under any theory of liability, whether based in contract, tort, negligence, product liability, or otherwise. The foregoing limitations shall apply regardless of whether you have been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.
Storka is under no obligation whatsoever to provide the Service to you.
FEES AND PAYMENT
You are responsible for the full payment of all fees for the Service on timely basis when due. The fees for the Service are non-cancellable and non-refundable.
In case of a delay in payment, default interest and other compensation shall be paid in accordance with law, and Storka may suspend Your access to the Service until You have paid all amounts due and outstanding.
If you accept an offer from one of the Lecturers through the Service, you enter into a separate agreement with such a Lecturer which may result in an obligation to make a payment to the Lecturer. Storka is not a party to agreements between You and a Lecturer, and Storka does not accept any liability for products and/or services that are offered by Lecturers.
MISUSE AND SUSPENSION
You will not, and will not permit any third party to: (a) sell, lease, license, distribute, sublicense or otherwise transfer the Service to any third party, (b) copy, decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Service, in whole or in part, (c) create, develop, license, install, use, or deploy any software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Service; (d) translate, modify or create derivative works based upon the Service, (e) remove any product identification, proprietary, copyright or other notices contained in the Service, or (f) operate the Service on behalf of or for the benefit of any third party.
You shall, (i) ensure that all passwords, and other information necessary to access the Service, is kept strictly confidential and that all contact information is correct and updated, (ii) promptly notify Storka if You becomes aware of any unauthorized access or use of the Service, (iii) be responsible for the accuracy and legality of any data and information provided by You though the use of the Service, and (vii) be responsible for all actions taken via Your user account.
Storka reserves the right to immediately suspend Your access to the Services if You misuse the Service or in any other way are in breach of the Terms. You hereby acknowledge and agrees to indemnify and hold Storka harmless from any and all damages or cost incurred as a result of Your breach of the Terms.
Storka will notify You of the cause for suspension without undue delay and the suspension will only persist to the extent necessary to resolve the cause for the suspension. Storka shall also use commercially reasonable efforts to provide You with notice and an opportunity to remedy Your breach of the Terms prior to a suspension.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
The Service, all copies and portions thereof, and any improvements, enhancements, modifications and derivative work thereof, are and shall remain the sole and exclusive property of Storka and its licensors, including any and all Intellectual Property Rights therein. Your right to use the Service shall be limited to those expressly granted in this Agreement. No other rights with respect to the Service, or any related Intellectual Property Rights are implied, and you are not authorized to use the Service, or any portion thereof except as expressly stated in this Agreement.
Subject to Your compliance to the Agreement, Storka hereby grants you a non-exclusive, limited, and revocable license to use the Service, in executable form only, for Your personal use.
Storka may collect and analyze information related to the usage and performance of the Service based on Your use thereof (hereinafter referred to as “Statistics”). Statistics shall be based on anonymized and aggregated data, meaning information not identifying any individual and presented in a manner not identifying You. Storka owns all rights, title, and interest to Statistics and will use the same for business purposes, including but not limited to development of the Service.
“Intellectual Property Rights” means all copyrights and related rights, design rights, registered designs, patents, trade and service marks (registered and unregistered), database rights, semi-conductor topography rights, know-how, and all other intellectual property rights throughout the world for the full term of the rights concerned.
THIRD PARTY SERVICES
Components or parts of the Service may contain third-party services and are solely governed by the terms provided by such third parties and subject to third-party copyright and other Intellectual Property Rights (“Third-Party Terms”). You hereby acknowledge and agrees to be bound by Third-Party Terms for Your usage of the Service and You shall indemnify and hold Storka harmless for any claims directed or action brought against Storka for Your use of any third-party services.
For more information regarding Storka’s processing of Your personal data, see www.storka.co/privacy-policy.
“Confidential Information” means any and every information, technical, commercial or whatever nature, whether written or oral, which given the nature of the information or the circumstances under which it was disclosed reasonably should be deemed as confidential, including but not limited to information relating to the Service, the Storka’s business and/or the terms of this Agreement.
Any Confidential Information received by You shall be kept strictly confidential and You shall not disclose such Confidential Information to any third party without the Storka’s prior written approval. You may only use the Confidential Information for the purpose of and in accordance with this Agreement.
The obligation of confidentiality set forth in this section shall apply during the term of this Agreement and for a period of three (3) years thereafter.
Storka shall never be held liable for any failure or delay in performance under this Agreement for causes beyond Storka’s reasonable control, including but not limited to, war, pandemic, or natural disaster (a “Force Majeure Event”).
You acknowledge that the Service is of Swedish origin, is provided subject to the Swedish and U.S. Export Administration Regulations, and may be subject to the export control laws of other countries, and that diversion contrary to applicable export control laws is prohibited. You represent that (1) You are not, and are not acting on behalf of, (a) any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which Sweden and/or U.S. has prohibited export transactions, or (b) any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or Entity List, and (2) You will not permit the Service to be used for, any purposes prohibited by law, including, any prohibited development, design, manufacture or production of missiles or nuclear, chemical or biological weapons.
The Service and Documentation are deemed to be “commercial computer software” and “commercial computer software documentation”, respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Service and documentation by the U.S. Government shall be governed solely by the terms and conditions of this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be construed in accordance with and governed by the laws of Sweden, without regard to the conflicts of laws provisions therein, and without giving effect to the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”).
The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.
The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.
TERM AND TERMINATION
The Storka may terminate this Agreement and the provisioning of updates and support of the Service in its sole discretion, at any time and without giving notice.
The Storka have the right to fully or partly transfer or assign its rights and obligations under this Agreement without your prior consent.
This Agreement contain the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous or contemporaneous communications, representations, proposals, commitments, understandings, and agreements, whether written or oral, between the Parties.
The following provisions shall survive the termination of this Agreement; Intellectual Property Rights, Disclaimer, Limitation of Liability, Disputes, and other terms intended to be applied after the termination of the Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, contrary to law or unenforceable, the provision shall be modified by the court to the extent necessary and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted
Storka may update and modify the Terms from time to time and such change of terms shall become effective upon publication at www.storka.co (“Effective Date”) and You agree to be bound by any changes to the Terms by continuing using the Service after the Effective Date.
For any questions regarding this Agreement, please contact us at email@example.com.