PJAMA AB TERMS AND CONDITIONS

Effective: July 1:st, 2020

Pjama AB provides an innovative product line of liquid-absorbent pajama products that can be used with a blue-tooth connected mobile application that provides certain tools for use by those who suffer from bed wetting (collectively the “Services”). These Terms of Service (“Terms”) shall apply to your creation of an account and access and use of the Services. For clarity, use of the Pjama wearable products alone (without creation of an account or use of the mobile application) is not subject to these Terms and does not result in any collection of data.

These Terms are a legal agreement entered into by and between you and Pjama AB, a Swedish company with its registered address at Stortorget 13 A, 211 22 Malmoe, Sweden (“we,” “us,” or “Pjama”) and govern your access and use of the Services. “You” means you the user as well as any individual on whose behalf you are using the Services, and you represent and warrant that you are authorized to enter into this agreement on behalf of yourself and/or such individual. By either: (i) creating an account or accessing or using the Services, or (ii) clicking on the “I Agree” check box, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, do not create an account or access or use the Services.

Pjama reserves the right to make changes to these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. If you are dissatisfied with the Services or these Terms, you agree that your sole and exclusive remedy is to discontinue using the Services.

DATA PRACTICES AND PRIVACY

For information about our data practices, please see our Privacy Policy. By accessing or using the Services, you agree that we can collect and use your information in accordance with our Privacy Policy.
You can find the complete Privacy Policy here.

ELGIBILITY REQUIREMENTS

The Services are offered and available to users who are 18 years of age or older and reside in the European Union or the United States. Users may include parents or legal guardians using the Services on behalf of their children. By using the Services, you represent and warrant that you are 18 years of age or older and otherwise meet the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Services.

USE OF SERVICES

The Services are only intended for personal, non-commercial use with the Pjama wearable products that are sold by Pjama or its authorized resellers and only by its owner or an authorized user on behalf of the owner (e.g. a parent or legal guardian). You may not use the Services with any products or services manufactured by others (including any counterfeit versions of our products). You represent that you are the owner or an authorized user and you agree and acknowledge that your use of the Services will be limited to use in connection with your Pjama wearable products.

CONSULT YOUR HEALTHCARE PROVIDER FOR HEALTHCARE NEEDS

While the Service is designed to provide certain helpful tools for use by those who suffer from bed wetting, the Service is not a substitute for professional medical care and is not intended to diagnose, treat, or cure any medical problem including bed wetting. The accuracy of any data collected and presented through the Service is not intended to match that of medical or scientific measurement devices and we are not responsible for the accuracy, reliability effectiveness or correct use of information received by you through your use of the Services. Please consult your healthcare provider prior to making decisions related to your and your family’s health including use of any protocols and programs for managing bed wetting. If you experience any medical emergency, you should immediately contact medical professionals or emergency medical services in your area.

ACCOUNT CREATION

You must register and create an account in order to access and use the Services. To create an account, you will need to provide information on behalf of yourself or other users including your full name, a valid e-mail address and a strong password. It is a condition of your access and use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Where it is reasonable to do so, or permitted by law, we may rely on implied consent.

You should treat your account credentials (username and password) as confidential. You are responsible for all activity in connection with your account. You agree to notify us immediately of any unauthorized access to or use of your account and to change your password immediately if you feel your security has been compromised. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

NOTIFICATIONS AND ALERTS

As part of your use of the Services, you may receive certain notifications and alerts. You agree to receipt of these communications. You can manage how you receive these notifications and alerts in your account settings. You are responsible for any fees charged to you by your mobile phone carriers for messaging or data. Our electronic communications to you through the Services will satisfy legal communication requirements including that the communications are in writing.

LICENSE

Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable right to access and use the Services (including all content with the Services), solely and strictly for the management of your or your family member’s goals and in accordance with these Terms. You understand and agree that the Services are provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Services under these Terms.

We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users. Pjama does not make any representations or guarantees regarding uptime or availability of the Services.

You are responsible for:

• Making all arrangements necessary for you to have access to the Services e.g. through a mobile device and internet access.
• Ensuring that all persons who access the Services through your account are aware of these Terms and comply with them.

We may block, limit or terminate your access to the Services for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of the Services; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.

TERM

At this time, the Services are offered to purchasers of certain Pjama products at no additional cost. Pjama has the right to terminate the Services at any time for any reason. If, in the future, the Services are offered on a subscription and fee-based model, such options will be presented to You for acceptance and purchase.
Upon termination of the Services, your account and the Services will become unusable and, if applicable, users are not entitled to any refund of any subscription fees. Pjama is under no further obligations to you upon termination of the Services.

APPROPRIATE USE AND LIMITATIONS

The Services are controlled and operated by Pjama from its offices in Sweden and are intended only for use by users in the European Union and the United States. Pjama makes no representation that the information or materials on or linked through the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so.

You shall not use the Services for any purposes beyond the scope of the access granted by these Terms. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Services; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

In connection with the Services, you must not: (i) transmit or otherwise make available through or in connection with the Services, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software or routine that interferes with the Services; (iii) use the Services in an unlawful or fraudulent manner; (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services; (v) use any automatic device, process or means to access the Services for any purpose, including monitoring or copying content on the Services; and (vi) otherwise attempt to interfere with the proper working of the Services.
We reserve the right to terminate access to the Services at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

INTELLECTUAL PROPERTY

You acknowledge that, as between you and Pjama, Pjama owns all right, title, and interest, including all intellectual property rights, in and to the Services and, with respect to third-party products, the applicable third-party, owns all right, title, and interest, including all intellectual property rights, in and to the third-party products.

Pjama names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Pjama. All rights are reserved. You are not authorized to use any Pjama name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Pjama. All other trademarks appearing in connection with the Services are the property of their respective owners.

The entire contents and design of the Services are protected by U.S. and international copyright law. All rights regarding the Services and materials contained on the Services are either owned by Pjama, are licensed to it, or are used with permission. Pjama and its licensors, vendors or other service Pjama retains and reserve all proprietary rights to the contents of the Services.

UPDATES

We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

NO WARRANTIES; DISCLAIMERS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND PJAMA HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PJAMA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PJAMA MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S GOALS OR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Services, our website or mobile application. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures contained in the Services, our website or mobile application.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL PJAMA BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) LOSS OF GOODWILL OR REPUTATION; (iii) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PJAMA WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PJAMA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE GREATER OF: (I) AN AMOUNT OF [USD $10] OR (II) THE TOTAL AMOUNTS PAID TO PJAMA UNDER THESE TERMS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold Pjama, its parent and affiliate entities, and all of their owners, officers, directors employees, contractors and service providers, harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Services and/or your breach of these Terms. We reserve the right to assume the control of defense of any third party claims that are subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

DISPUTE RESOLUTION; GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of Sweden without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the Malmö, Sweden. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

GENERAL TERMS

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. Any notices provided by us under these Terms will be given: (i) via e-mail; or (ii) by posting within the Services; the date of transmission or posting will be deemed the date on which such notice is transmitted.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.
These Terms and the Privacy Policy constitute the sole and entire agreement between you and Pjama regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

CONTACT INFORMATION

If you have questions or comments about the Services or these Terms, please contact us contact us at marketing@pjama.se; or by mail at: PJAMA AB, BOX 5, 274 21 SKURUP, SWEDEN.