1. GENERAL USE CONDITIONS
The access and download of the app is free, except in terms of cost of connecting to a telecommunications network provided by a service provider contracted by the user. The downloading and use of the app attribute the condition of user to the same person (hereafter "the user") and implies the reading, understanding and agreement to our terms.
2. USE OF THE APP AND ITS SERVICES
3. INTELLECTUAL AND INDUSTRIAL PROPERTY
SoyMomo reserves the right to all the rights over the brand, commercial name or any distinctive sign, the patent and intellectual property, concerning the content and design of the app. All of the contents of the same, including, without a limiting character, the text, graphics, images, design and the intellectual property rights that might correspond to such contents, as well as brands, commercial names or any other distinctive sign are property of SoyMomo, and as such all rights over them are reserved.
i) WAY IN WHICH INFORMATION IS COLLECTED
The situations in which personal information is put in disposition of SoyMomo are (i) the use of the mobile app; (ii) registering to use of the service; (iii) the access to the service; (iv) the use of the contact function ("Contact us") within the app; (v) the access to the store from the app; and (vi) any other way by which the user makes use of the services of the mobile app and that require personal information for its use and/or participation. The information that we manage may include, but is not limited to: the email address, the SoyMomo's unique ID, the SoyMomo's phone number, name of the user and SoyMomo's activity.
ii) DISCLOSURE AND TRANSFERENCE OF PERSONAL INFORMATION
Personal information will not be revealed to third parties, without exception.
iii) GUARANTEE AND PROTECTION OF INFORMATION
SoyMomo commits itself to ensuring and protecting the public liberties and fundamental rights of the natural person users of the mobile app. We bind ourselves, in this sense, to effect the corresponding treatment of information in accordance to the current regulations at every moment and to keep the most absolute secret in relation to the information given by our clients and users. Personal information will not be used for other purposes or ends that are not hereby listed. SoyMomo will not yield nor communicate information to externals.
iv) QUALITY OF THE INFORMATION
The users and clients must ensure the compliance of all the technical measures needed in order to guarantee the security of the information of personal nature, avoiding its alteration, misplacement, treatment or unauthorized access. The information that is communicated through the app must be exact and up to date, being exclusive responsibility of the users to update this information.
v) ACCESS, RECTIFICATION AND CANCELLATION
The users may exercise their right pf access, rectification and cancellation of the service via a message to the SoyMomo Facebook webpage (www.facebook.com/soymomosw), via an email to the address email@example.com, or through the chat on the website www.soymomo.com.
vi) SECURITY MEASURES
SoyMomo informs the users that, in conformity with what is disposed in the general legislation, the necessary technical and organizational measures to guarantee the security of the personal data and to prevent alteration, loss, unauthorized treatment or access, bearing in mind the state of technology, the nature of the information stored and the risks to which they are exposed. Likewise, SoyMomo guarantees the user the fulfillment of the duty of professional secrecy with regards to the personal information of the users and the duty to store them.
Generally speaking, to make use of the mobile app and the SoyMomo device, the minors must have previously obtained express authorization of their parents, tutors or legal guardians, who will be responsible for the actions performed through the mobile app or the device by minors under their care. SoyMomo understands the necessity to provide additional protections of privacy for minors, who are the majority of users of the SoyMomo device. For that purpose, SoyMomo only collects information which is essential for the correct functioning of the device and the mobile app, such as the user of the person in charge, the mobile data traffic from the mobile app towards the device and the commands that are sent. Additionally, SoyMomo may, with previous authorization by the person un charge, modify the information in the SoyMomo device as it is required by whoever makes the request, with previous proof submitted by the person in charge and consistent with their personal information, to give certainty of the correct identity of whoever is making the request.
viii) DURATION AND TERMINATION
The provision of the services and/or contents in the present mobile app have an indefinite duration. Without prejudice of what is said, SoyMomo is entitled to ending, suspending or interrupting unilaterally, at any time and without the need of prior notice, the provision of services and the mobile app, without prejudice of what would have been disposed in respect to the corresponding particular conditions, being justified in the violation of our terms or the exceptional needs of SoyMomo.
5. LAW AND JURISDICTION
WARRANTY AND REFUND POLICY
LIMITED WARRANTY OF PRODUCT
SoyMomo guarantees the original buyer that their device, of the brand SoyMomo (collectively the "Product") will be free of defects in the materials and the workmanship under normal use conditions during a period of three (3) months from the date of purchase, except if you reside in the European Economic Area (EEA) and acquired your product in the EEA, in which case, the guarantee period is of two (2) years from the date of purchase (hereafter, the "Guarantee Period").
If a defect appears and SoyMomo receives a return authorization request within the corresponding Guarantee Period, as the law contemplates SoyMomo will offer three options, repairing the product (1), exchange for a new product (2), refund of the money (3). In case of defect, as the law allows it, these are the only and exclusive measures that can be taken. Shipping and handling expenses may be applied except for where the law forbids it. This product's Limited Guarantee is valid only under the jurisdictions in which the products are sold by SoyMomo itself or through an authorized distributor or agent, and its valid as long as the applicable legislation of such jurisdictions allow it. Any substitution product will have a guarantee during the remaining time of the guarantee or during a period of thirty (30) days (whichever period is longer), or during any additional period of time that the applicable legislation demands.
HOW TO BENEFIT FROM THE WARRANTY SERVICE
To benefit from the guarantee service, you must send a return authorization request to our customer service team. To request a return authorization, contact our customer service department at the following email address: firstname.lastname@example.org. The return authorization number must be included with the product that you are returning. You must deliver the Product, in its original packaging or in a packaging that provides the same level of protection, to the address that SoyMomo specifies. As it is required by the applicable laws, SoyMomo may request that you provide details of the proof of purchase and/or meet other requirements before benefitting from the guarantee service. It is your responsibility to make a security copy of whatever information, software or other materials that you may have stored or kept in the Product. It is probable that the aforementioned information, software or other materials may be lost or be formatted during the service, and SoyMomo will not be held responsible of any such losses.
EXCLUSIONS AND LIMITATIONS
SoyMomo does not guarantee that the functioning of the Product will be uninterrupted or without errors. This Limited Guarantee of the product does not cover the integrated software of the product and the related services provided by SoyMomo.
This product's Limited Guarantee is only applicable to the original buyer of the product that was acquired through a sales channel or authorized distributor and manufactured by or for SoyMomo, which can be identified by the commercial brand, commercial name or logo of "SoyMomo" marked on the product. Without prejudice of the aforementioned, the Limited Guarantee of the product is applicable to no (a) service or product of SoyMomo that are not the Products, (b) products that are not from SoyMomo, even if they are included or sold with a Product, (c) a product that is, or that in a reasonable way SoyMomo believes that it is, stolen, (d) consumables (such as the batteries), or (e) software, even if it is packaged or sold with the Product or is integrated in the Product. This Limited Guarantee of the product is not applicable for products with the logotypes "Made for SoyMomo" or "Works with SoyMomo." For problems or issues of maintenance related to those products, get in touch with the manufacturer.
This guarantee is not applicable to products or pieces of a products that has been repaired, altered, restored or modified by someone not authorized by SoyMomo, nor is it applicable to any cosmetic damages such as scratches or dents. Additionally, this limited guarantee of the product is not applicable to damages or defects caused by (a) use with products that are not made by SoyMomo; (b) accident, abuse, inappropriate use, defective manipulation, flooding, fire, earthquake or other external causes; (c) normal wear and tear or aging of the Product such as discoloration or stretching; or (d) use of the Product (i) outside of the uses for which it is destined or that SoyMomo allows, (ii) without conformity to the instructions provided by SoyMomo, or (iii) with a voltage or electric supply which is not appropriate.
No reseller, distributor, agent or employee of SoyMomo is authorized to make any modification, expansion or addition to this Limited Guarantee of the product. If it is considered that any term of the present document is illegal or non-applicable, the legality or applicability of the rest of the terms will not be affected or hindered.
EXCEPT IN AS LONG AS IT IS FORBIDDEN BY THE APPLICABLE LEGISLATION, ALL OF THE IMPLICIT GUARANTEES (WHICH INCLUDES GUARANTEES OF COMMERCE ABILITY AND SUITABILITY FOR A CONCRETE END) WILL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED GUARANTEE. Some jurisdictions do not allow duration limitations of an implicit guarantee, consequently the prior limitation would not be applicable.
EXCEPT IN AS SO FAR AS IT IS FORBIDDEN BY THE APPLICABLE LEGISLATION, SoyMomo WILL NOT BE HELD RESPONSIBLE OF ANY ACCIDENTAL DAMAGE, INDIRECT, SPECIAL OR EMERGING, WHICH INCLUDES, AMONG OTHERS, THE LOSS OF BENEFITS, INCOME OR INFORMATION, THAT RESULTS FROM ANY BREACH, IMPLICIT OR EXPRESS CONDITION, OR BY VIRTUE OF ANY OTHER LEGAL PRINCIPLE, EVEN IF SoyMomo HAD BEEN NOTIFIED ABOUT THE POSSIBILITY THAT SUCH DAMAGES WOULD OCCUR. Some jurisdictions do not allow the exclusion or limitation of special, indirect, accidental or emerging damages, and as such the prior limitation or exclusion could be non-applicable.
This Limited Guarantee will be governed by the laws of CHILE or EUROPE, depending on its place of purchase, and without any principle of conflict of laws, that could allow the application of the legislation of a different jurisdiction, having any effect.
NATIONAL LEGAL RIGHTS
THE CONSUMERS OF SOME JURISDICTION MAY HAVE LEGAL RIGHTS IN VIRTUE OF THE NATIONAL LEGISLATION APPLICABLE THAT GOVERNS THE SALE OF CONSUMPTION GOODS, WHICH INCLUDES WITHOUT LIMITATION THE NATIONAL LAWS THAT ARE IMPLEMENTED BY THE DIRECTIVE 1999/44/CE. THESE RIGHTS WILL NOT BE AFFECTED BY THE GUARANTEES OF THIS LIMITED GUARANTEE.