User agreement

TERMS AND CONDITIONS

MusicforMoods

 

  1. INTRODUCTION AND SCOPE

MusicforMoods is a tool for improving your Heart Rate Variability and general well-being. By following the guided breathing instructions and purpose-written music, you can obtain a Heart Rate Variability that is optimal for your system. The app measures your pulse through the smartphone’s camera and shows you how your heart is responding.

The BodyScore mobile application and therein available services are hereinafter collectively referred to as the “Services”

The Services are provided by BodyScore AB (“BodyScore”, “We” or “Us”) in connection with our partners and/or affiliates, as applicable. In order to provide you (the “User” or “You”) the Services safely in the intended way, Your use of the Services are subject to the terms and conditions set forth herein (the “Terms of Use”). By installing, accessing or using the Services, You accept and agree to Terms of Use, which shall be deemed in force up until You cease to use the Services.

  1. HOW TO USE THE BODYSCORE APP

By placing a finger on the smartphone’s camera, MusicforMoods gives you calming purpose-written music and guided-breathing instructions, while measuring your pulse. The composition of the music is based on the latest academic research and is designed to bring the heart rate variability to an optimal level, and to have a positive impact on the body’s autonomic nervous system. The app also makes it possible to record and track progress over time.

 

  1. HEALTH INFORMATION

You are solely responsible for Your own health. If You suffer from any medical condition that may be affected when using the Services, we urge You to consult a physician before starting to use the Services.

You may from time to time receive information from Us regarding the use of the Services through push messages or otherwise. You undertake to follow the instructions in such messages, of which the content shall, for the avoidance of doubt, be deemed to form an integrated part of these Terms of Use.

The Services may include access to links to, and content and data from, third-party websites as well as information and/or messages from other users of the Services. These links, content, and data are provided solely for your convenience and not as an endorsement by us for such content’s correctness and reliability.

  1. USER OBLIGATIONS

The Services may only be used as set forth in these Terms of Use and as permitted under law. You are explicitly not allowed to: (i) use the Services in a way that, in our sole judgement, degrades the accessibility, reliability, and otherwise operational functionality of the Services, (ii) apply data scraping or other ways of automated data collection methods, or (iii) collect usernames, email addresses or other contact means of other users with the purpose to send unsolicited messages.

The Service is for Your private use only and may not be used commercially or in public events or similar unless You have been explicitly authorized to do so by Us in writing.

If you are under the age of 13 you may not the Services

  1. INTELLECTUAL PROPERTY

All content in and related to the Services, such as but not limited to text, images, data, videos, music, source code, functionality, solutions, know-how and other material (collectively hereinafter referred to as the “Content”) is the property of BodyScore and/or third parties. We hereby grant You the right to use the Content strictly limited to such use that is implied in the use of the Services in accordance with the Terms of Use. Any and all other use or utilization of the Content, such as but not limited to copying, sharing, publishing, uploading, posting (to a social network, blog, or otherwise), distribution or modification in any way is strictly prohibited.

Any information and/or material (“User Material”) provided by You within the Services shall be deemed provided with a warranty and representation that you hold any and all rights to such User Material. By providing User Material, you grant BodyScore a non-exclusive, transferrable, sub-licensable, royalty-free, worldwide license to such User Material for such use by BodyScore that is and may become necessary for the provision of the Services, including but not limited the right to modify such content for the aforementioned purposes. This license shall remain in force until the User Material is deleted from the Service by You or by BodyScore in accordance with these Terms of Use.

  1. BREACH OF AGREEMENT AND INDEMNITY

You agree to indemnify and hold harmless BodyScore from and against any claims, loss, liability, damages or expense, including legal fees, asserted by any third party arising out of or related to any use of the Services in violation of the Terms of Use by You or any other person You allow to use the Services on Your device. Furthermore, any violation of these Terms of Use may lead to You being prohibited from using the Services and/or that your registration/account with BodyScore being terminated, as applicable and at BodyScore’s discretion.

  1. PRIVACY

When using the Services certain information will be simultaneously processed within the application. BodyScore does not store any such information unless you have specifically accepted thereto in a separate consent, in which case such information shall be processed by us according to a separate privacy policy, the applicable consent and the Swedish Personal Data Act (SFS 1998:204).

  1. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

The Services are provided “AS IS” without any implied or express warranty of any kind, including but not limited to warranties of functionality, completeness, accuracy or lack of viruses. Furthermore, it shall be acknowledged that the Services are not and will not be error free and run without any interruptions.

In no event shall BodyScore be liable for any indirect damages, except in the event of gross negligence or willful misconduct. Notwithstanding anything to the contrary, BodyScore’s aggregated liability for any damages shall be limited to the lesser of (i) fees paid by You to BodyScore, and (ii) one thousand Swedish Crowns (SEK 1 000).

  1. CHANGES AND AMENDMENTS

The Terms of Use may be modified by Us for any reason at any time without prior notice. It is Your responsibility to keep Yourself updated on amendments and we encourage You to regularly check for updates of the Services as well of as the Terms of Use. By continue to use the Services You agree and accept the amendments to the Terms of Use.

  1. GENERAL

These Terms of Use shall be governed by the substantive laws of Sweden, without respect to its provisions on choice of law. Any dispute or claim arising out of or in relation to the Terms of Use or otherwise to the use of the Services, shall be finally settled by Swedish public court, whereby the District Court of Göteborg shall be the court of first instance.

If any provision, in part or in whole, of the Terms of Use is deemed invalid, the remaining provisions shall not be affected and remain in full force and effect. Failure or omission by Us to enforce any provision in the Terms of Use shall not be construed as a waiver of that provision or any other right hereunder. The Terms of Use and/or any rights hereunder may not be transferred by You, but may be assigned by Us without restriction, and shall inure to the benefit of our successors, assignees or equivalent.

  1. CONTACT

For further information questions or assistance, please contact Us. You may find applicable contact information within the Services and/or on www.BodyScore.se or www.musicformoods.com, as applicable from time to time.

 

BodyScore

Östergärde Industriväg 55

417 29 Gothenburg, Sweden

Info@bodyscore.se