Terms and Conditions

1. Introduction

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the DearMamma Breast Cancer Awareness App ("DearMamma App", "App", "Service") and/or the accompanying DearMamma Website ("Website", "Service") operated by The DEAR Foundation Switzerland in Switzerland ("DEAR Foundation", "us", "we" or "our"). These Terms, together with the Privacy Policy, constitute a legally binding agreement ("Agreement") between you and The DEAR Foundation Switzerland in relation to your use of the Services. Your access to and use of the DearMamma App and/or DearMamma Website 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 downloading, 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. You are not allowed to copy, or modify the App and/or Website, any part of the App and/or Website, or the trademarks of the App and/or Website in any way. You are not allowed to attempt to extract the source code of the App, and you also must not try to translate the Service into other languages, or make derivative versions. The Service itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to The DEAR Foundation Switzerland.

2. User guidelines of App and Website

The App and Website store and process personal data that you have provided to us, in order to improve our Service. We refer to the Privacy Policy regarding collection and protection of your personal data. It is your responsibility to keep your phone and access to the App and/or Website secure. Therefore we recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the App will not work properly or at all. Certain functions of the App and the Website will require your device to have an active internet connection. The connection can be Wi-Fi, or provided by your (mobile) network provider. The DEAR Foundation Switzerland does not take responsibility for the Service not working at full functionality if you do not have access to Wi-Fi, and/or if you do not have any of your data allowance left. If you are using the Service outside of an area with Wi-Fi connection, you should remember that your terms of the agreement with your (mobile) network provider will still apply. As a result, you may be charged by your provider for the cost of data for the duration of the connection while accessing the Service, or other third party charges. In using the Service, you are accepting responsibility for any such charges, including roaming data charges if you use the Service outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the Service, please be aware that we assume that you have received permission from the bill payer for using the Service. You agree that, to the full extent permitted by law, your sole and exclusive remedy for any problems or dissatisfaction with the Service is to uninstall the App and to stop using the Website. The DEAR Foundation Switzerland and its subsidiaries, affiliates, successors and assigns and their respective employees, agents, directors and officers shall have no liability for any loss or damage arising from:

  1. Your inability to access or use the App, Website or the Services;
  2. Any changes that we may make to the App, Website or the Services;
  3. Any inaccuracy or defect in any content on the App, Website or the Services;
  4. Any loss of business or profits, whether direct or indirect in all cases arising out of the use or inability to use the App, Website or the Services.

3. Changes to the App and/or Website

The DEAR Foundation Switzerland is committed to ensuring that the App and Website is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App and/or Website or to charge for its services, at any time and for any reason. We will never charge you for the App and/or Website or its services without prior notification and explanation of the reasons for the payment. In the future, we may wish to update the Service. The App is currently available on Android and iOS – the requirements for the systems may change, and you will need to download the updates if you want to keep using the App. The DEAR Foundation Switzerland does not promise that it will always update the App and/or Website so that it is relevant to you and/or works with the version that you have installed on your device. However, you promise to always accept updates to the application when offered to you.

4. Term and Termination

The Agreement between you and The DEAR Foundation Switzerland shall remain in effect until terminated by you or us. We may, at our sole discretion, at any time and for any or no reason, suspend or terminate the service of the App and/or Website with or without prior notice. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these Terms will end; (b) you must stop using the App and/or Website, and (if needed) delete it from your device. The Service will furthermore be terminated immediately, without prior notice from The DEAR Foundation Switzerland, in the event that you fail to comply with any provision of these Terms. You may also terminate this Agreement by deleting the App and all copies thereof from your mobile device and/or stop using the Website.

5. Changes to Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The changes are effective immediately after they are posted on this page.

6. Governing Law and Jurisdiction

These Terms and the Privacy Policy shall be governed and construed in accordance with the laws of Switzerland and the EU General Data Protection Regulation. You irrevocably agree that the courts of Switzerland shall have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with these Terms and the Privacy Policy or the legal relationship established by them.

7. Copyright

All materials on the App and/or Website are in the intellectual property of The DEAR Foundation Switzerland, unless otherwise indicated. Without explicit written permission from us, it is illegal to reproduce, modify or store any part of our content (text, images or videos) for any reason other than personal, non-commercial use. All content is protected by international copyright law.

8. Miscellaneous

These Terms and Conditions, together with the Privacy Policy constitute the entire Agreement between you and The DEAR Foundation Switzerland with respect to your use of the App, Website or the Services, and supersede any prior Agreement between you The DEAR Foundation Switzerland. In case any provision in this Terms and Conditions or the Privacy Policy shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

9. Contact Us

If you have any questions about our Terms and Conditions, do not hesitate to contact us at:

Last update: 22. April 2021

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