Terms of serviceLast updated: November 28, 2019
Thank you for choosing Humanatomy. These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with Humanatomy mobile application (the "Service") operated by Summbit GmbH ("us", "we", or "our").
Please read these Terms and Conditions carefully before using our Humanatomy mobile application (the "Service").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1.1 Access to the Service
Subject to your compliance with the terms and conditions of this Agreement, Summbit GmbH may provide you with access to the Service, solely for your own use. Such Service may include, but are not limited to, any service that Summbit GmbH provides, as well as the offering of any material displayed or performed via the Service, including text, graphics, photographs, images, illustrations, music, audio, video, works of authorship of any kind, and any information or other materials that are posted, generated, provided or otherwise made available through the Service (the “Content”).
1.2 No Medical Advice
Summbit GmbH is not a healthcare provider and nor does it provide medical advice of any description. The Service is not a medical device, nor is it a form of Decision Support Service. You should not rely on the information provided via the Service as a substitute for professional medical advice, diagnosis or treatment, nor does it replace same. Please seek professional medical advice, diagnosis or treatment for any medical concern or condition. You can use the information provided in the Service to discuss your concerns with your healthcare provider. Information provided in the Service is provided for informational purposes only and is in no way intended to substitute for consulting a medical or healthcare professional. Nothing stated or posted on the Service are intended to be, and must not be taken to be, the practice of medicine or any type of healthcare, the provision of medical or any type of healthcare or a tool to be relied upon by healthcare providers. If you rely on any of the information on the services, you do solely at your own risk.
1.3 In-App purchases
Summbit GmbH may license to you certain virtual goods to be used within the Service and which you may purchase with real cash (“Virtual Items”). When you obtain such Virtual Items from Summbit GmbH or its authorized designee, you receive a limited, personal, non-transferable, non-sublicensable and revocable license to use such Virtual Items within the applicable Service and solely for non-commercial use.
Summbit GmbH may manage, control, modify or eliminate Virtual Items at any time, with or without notice. Without limiting the foregoing, Summbit GmbH reserves the right at any time to impose additional terms or conditions on your use of Virtual Items. Such additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.
The transfer of Virtual Items is prohibited, except where expressly authorized in the Service, if any.
Virtual Items have no monetary value and are not currency or property. Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real world money. Virtual Items cannot be sold, traded, transferred, or exchanged for cash. Summbit GmbH has no liability for hacking or loss of your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
Unless otherwise required by law, all purchases and redemptions of Virtual Items made through the Service are final and non-refundable, and you are not entitled to a refund for any unused Virtual Items.
Unless otherwise required by law, you agree that Summbit GmbH is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under this Agreement was voluntary or involuntary.
EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT SUMMBIT GMBH IS NOT REQUIRED TO PROVIDE A REFUND TO YOU FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR ANY UNUSED VIRTUAL ITEMS WHEN YOU CEASE TO USE THE SERVICE.
1.4 Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of email@example.com and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
1.5 Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Summbit GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of both Switzerland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Summbit GmbH.
1.6 Contribution And Feedback
Summbit GmbH welcomes contributions, feedback, comments and suggestions for improvements to the Service (“Feedback”). You can submit such Feedback by emailing Summbit GmbH at firstname.lastname@example.org. You acknowledge that any such Feedback shall become the property of Summbit GmbH and Summbit GmbH will not be required to treat such Feedback as confidential and will not be liable for any ideas (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future sites, applications, products, services or operations. Without limitation, Summbit GmbH will have exclusive ownership of all current and future rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person. You acknowledge that you are responsible for whatever Feedback that you submit and that you (and not Summbit GmbH) have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
1.7 Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Summbit GmbH.
Summbit GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Summbit GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
If you use the Services on an Apple device, then you agree and acknowledge that:
- Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with maintenance and support with respect to the Services;
- You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Services or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance; and
- Apple and Apple’s subsidiaries are third-party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Export Control. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
1.9 Limitation Of Liability
In no event shall Summbit GmbH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
We may terminate or suspend our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate the Service, you may simply discontinue using the Service.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Summbit GmbH its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
1.12 Governing Law
These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
1.13 Changes To This Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.