Terms and Conditions of Sale (version 2, listed in the app) BabySensor AS

Updated: 14. September,2022

Welcome to BabySensor! Thank you for your interest in our articles and services.

We offer several services and articles, including everything from websites, consumer electronics, online courses, applications to phone, pc, tablet, customer support and more. We refer to all product and service categories as our «articles» or «services».

The following terms and conditions govern your use of our articles. We refer to these Terms and Conditions as “Terms and Conditions“. When we use «BabySensor», «we»«us», we refer toBabySensor AS unless the context suggests otherwise.

Please read these terms and conditions carefully. By purchasing, installing, downloading or otherwise accessing or using our products, you agree to these terms and conditions and create a binding contract regarding your use of our products. If you do not agree to these terms and conditions, you will not be able to use our products.

Because our products take many forms, additional terms or product requirements may apply to and be included with the relevant products. These additional terms and product requirements remain part of our contract.

1. Consumer product

Our products are consumer products, not medical devices. They are not intended for use as a medical device/monitor, or for replacing a medical device/monitor. They are not intended for or intended to diagnose, cure, treat, minimize or prevent disease, disorder or other health conditions, or to investigate, replace or modify anatomy or any kind of physical processes.

BabySensor’s intention is to provide useful and precise information, but we make no representations or warranties of any kind about any articles, information or services except as specifically set out in these Terms. The accuracy of the data collected and presented through our products is not intended to correspond to medical devices or scientific measuring instruments. OUR PRODUCTS DO NOT PROVIDE ANY MEDICAL ADVICE OR VIEWS. RATHER,

THE USE OF THE PRODUCTS IS FOR INFORMATIONAL PURPOSES ONLY, THEY DO NOT ACT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTHCARE PROFESSIONAL.

None of our products are intended for emergencies. If you think you OR YOUR CHILD may have a medical emergency, call your doctor or ambulance service as soon as possible. Never disregard professional advice or wait to seek it because of information you read about our products.

2. Use of our articles

Proper use. Do not default or misuse our articles. Use our articles only according to their intended use. Our articles are not medical articles. They do not diagnose and are not intended to diagnose,cure, treat, alleviate or prevent any disease or health condition, or investigate, replace or modify anatomy or any physiological process. They are consumer articles intended to promote overall well-being. Never use our articles to replace good care, presence, common sense or medical care.

If you use one of our skin-related articles, prolonged contact can contribute to skin irritation or allergies in some consumers. To reduce irritation, follow four simple tips for use and care: (1) keep it clean, (2) keep it dry, (3) make sure it is not too loose or tight, and (4) change arm (or leg) every night (if using the bracelet). For more information, visit our website.

You must not access our products using a method other than the interface and instructions we provide. Use our products only as permitted by law, including applicable export and re-export laws and regulations. If you use our product incorrectly, we may stop delivering the products to you.

Age restrictions. You must be 18 years of age or older to use our goods and services. By accepting these Terms and Conditions, you are asserting to us that you: (a) are at least 18 years of age, (b) have not been whizzedor removed from our Products in the past, and (c) that your registration and use of our Products is in accordance with the law.

Ownership, property rights. We own and carry our products. This includes trademarks, copyrights, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), hardware, devices, software, services and all other components of the products. Your use of our products does not give you ownership of intellectual property rights in our products or the content you access. We reserve all rights to the products not expressly granted in these Terms and Conditions.

Accounts and registration. To access the features of any of our products, you must purchase the necessary hardware from us or one of our authorized distributors or sign up for a limited free trial (which means that you may use the product a certain amount before your right to use the product expires).

You’ll also need to sign up for an account to access some of the product features. When you sign up for an account, you may be asked to provide us with some information about yourself and children(if you use the product for your own child or child under your care). You agree to

provide accurate information and to keep this information accurate and up-to-date at all times.

When you sign up for an account, you will create a password to protect that account. Keep your password confidential because you are responsible for all activity that occurs through your account. If you believe that your account is no longer secure, you must notify us immediately on om@babysensor.com

User input. If you choose to provide us with comments, input, suggestions, messages, reviews,videos, photos or other information, you grant us the right to use this information in any way and for any purpose, including improving our articles and creating other articles and services. You also agree to only provide us with content that belongs to you that does not infringe the rights of others and is not defamatory, vulgar, harassing or otherwise inappropriate.

We may remove your access or prohibit you from publishing any of your content for any reason. In the event of notices of alleged copyright infringement, we may terminate their account.

Software. If one of the products you use is a software, we provide that software under a personal, non-shareable (meaning you cannot grant the software to anyone else), royalty-free and non-exclusive license to use an object code copy of the software. This license is solely to enable you to use and benefit from the Products in accordance with these Terms and Conditions.

You may not copy, modify, distribute, sell, lease or reconstruct any component of our Products or extract the source code from any software included in our entities, unless you have a legal right to do so under the law, or you have our written approval to do so.

Some software used in our products may be offered under an open-source license that we make available to you. There may be provisions in the open-source license that expressly override any of these Terms and Conditions.

3. Privacy Policy and Copyright Protection

We process the personal data you provide to us in accordance with the terms of our Privacy Policy. By using our products, you agree that we may use the personal information you provide in accordance with the terms of our Privacy Policy.

Links to third-party websites in our products are provided for your comfort. We are not responsible for these third-party websites.

4. Warranties and Disclaimers

While we strive to provide you with quality items, there are certain things we don’t promise about our products.

Other than as expressly set out in these Terms and Conditions or any additional terms accompanying a single product, neither we nor our suppliers make any specific promises

about our products. For example, we make no promises about the function, reliability, availability or ability of our devices to meet your needs. We deliver our products “as is”.

Read our Consumer Guarantee for more information about our satisfaction guarantee and limited warranty.

You must purchase our products directly from us or one of our authorized resellers for the guarantees to be valid. If you buy it from someone else, the warranties are void.

DISCLAIMER FROM HIPAA

We DO NOT provide you with “comprehensive healthcare” as the term is defined in the Health Insurance Portability and Accountability Act (“HIPAA”). Information that you provide to us is NOT considered “protected health information”. We are not obliged to handle that information in the manner required by HIPAA. You agree never to make HIPAA claims against us.

5. Dispute resolution

We strive to provide you with articles that you will like using. However, we understand that you may not always be satisfied with our products. We both agree to do our best to resolve any dispute between us in a memorable way.

Mediation

If we cannot resolve the dispute amicably, we both agree to submit the dispute to binding arbitration. Arbitration is a less formal way of resolving disputes than a lawsuit in court and uses a neutral arbitrator instead before a judge or jury. The arbitrator may provide the same damages and relief as a court may and has exclusive authority to resolve any dispute relating to the interpretation, use, or enforcement of this binding arbitration agreement.

We will use International Chamber of Commerce Rules of Arbitration. You can read more about International Chamber of Commerce at https://iccwbo.org/ and

https://iccwbo.org/dispute-resolution-services/arbitration/.

There are a few exceptions to sending all disputes to arbitration. In particular, some of us may: (a) bring an individual lawsuit before the District Court, (b) pursue an increase in enforcement through the applicable federal, state, or local agency if the action is invalid, (c) seek an injunction in a court of arbitration, or (d) bring a case before a court to process a claim of intellectual property infringement.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS AND CONDITIONS, WE BOTH WAIVE THE RIGHT TO A JURY TRIAL AND PARTICIPATE IN A CLASS ACTION.

6. Responsibility for our products

WHERE PERMITTED BY LAW, WE AND OUR SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES OR DATA, FINANCIAL OR INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE OR CONSEQUENTIAL DAMAGES.

TO THE EXTENT PERMITTED BYLAW, OUR AND OUR SUPPLIERS AND DISTRIBUTORS’ TOTAL LIABILITY IS ANY CLAIM UNDER THESE TERMS RELATING TO OUR ENTITIES, INCLUDING FOR ANY IMPLIED WARRANTIES, LIMITED TO THE AMOUNT YOU PAID US FOR THE PRODUCT(S).

IN ALL CASES, WE AND OUR SUPPLIERS AND DISTRIBUTORS ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT CANNOT REASONABLY BE FORESEEN.

7. About these Terms and Conditions

We may change these terms and conditions or additional terms that apply to a product. You should look at these terms regularly. We will post notices of changes to these Terms and Conditions on this page. If you do not agree to the revised terms and conditions of a product, you must stop using the product.

If there is a conflict between these Terms and Conditions and additional terms, the additional terms of that dispute apply.

These Terms and Conditions are a legal agreement between us. They do not create any third-party recipient rights.

As long as you do not comply with these terms and conditions and we do not take action immediately, our inaction does not mean that we give up any rights that we have (for example, taking action in the future).

If a particular term is not enforceable, it will not affect any of the other terms of these Terms and Conditions.

The law of Norway apply to all disputes arising out of or relating to these Terms and Conditions or our articles. We both agree that the exclusive place for any arbitration case is Larvik District Court, Larvik. If any of us bring a lawsuit arising out of or relating to these Terms and Conditions or our articles, we both agree that the lawsuit will take place in the courts ofLarvik, at Larvik District Court, and consent to personal jurisdiction in these courts.

For information on how to contact us, see our contact page.