Please read carefully these Terms and Conditions (“Terms”) before using any services (“Services”) provided by obimy inc., a corporation incorporated under laws of the State of Delaware (“Company”, “Obimy”), including but not limited to the Obimy mobile app (“App”).
These Terms apply to physical persons (“Users”) using the App to view and share their current mood, subjective and objective mood parameters, and emotions with their partners.
If you do not agree with these Terms, you may not access or use the Services. All information and Services are provided on a strictly “as-is” basis without any warranty whatsoever.
All materials and information provided are for informational purposes only. No information should be construed as any kind of professional advice. Obimy does not assume any liability for your use of information provided by the App, including interpretation of data, collected by the App about you.
Obimy is not a mental health professional, and does not provide mental health counselling or any other professional counselling services.
1.1. These Terms constitute a legally binding agreement between you and the Company.
1.2. These Terms apply to all Services, Content, and information provided by the Company on the App.
1.3. By accessing or using the Services, you agree to be bound by these Terms in compliance with the law of the State of Delaware, that apply to any relations between you and the Company (“Applicable Law”).
2.1. The Company may change, remove, or add the context of the Terms and reserves the right to do so in its sole discretion. All new and/or revised provisions of the Terms take effect immediately and apply to your use of the Services from that date on.
2.2. The Company will notify you about significant changes in these Terms. This can be done by posting a notification on the App, sending you a pop-up message, or an e-mail (if appropriate).
2.3. You can review the most current version of the Terms using the Terms and Conditions button on the bottom of the App. If you continue to use the Services after the Company makes changes to the Terms, you are signifying your acceptance of the new and/or revised Terms.
2.4. If you do not agree with new and/or revised provisions of the Terms, you cannot use the Services.
3.1. Obimy provides the following Services to its Users:
3.2. The Company does not promise that all of the Services shall be available at all times.
3.3. If the Company updates the App, you have to download the update to continue using the App.
4.1. Personal information that you provide to the Company via the App and any information about your use of the Services that the Company obtains will be subject to the Privacy Policy.
4.2. The Privacy Policy published on the bottom of the App constitutes an integral part of these Terms.
5.1. While using the Services, you agree to:
6.1. The Company may produce and display content on the App, which includes but is not limited to information, texts, images, video and audio files, maps (“Content”).
6.2. The Content does not constitute any form of professional advice or advertisement unless specifically mentioned otherwise. The Company shall not hold liability for any actions that arise from its Content.
6.3. If you upload information, texts, and images to the App for the purposes of creating memories (please see Section 20), you warrant that this information, texts, and images do not violate any rights of any third party.
7.1. All components and Content (unless stated otherwise) of the App and the App as a whole, content on its social media accounts (e.g. Facebook, Twitter, YouTube, LinkedIn), belong to the Company and are protected by the intellectual property rights legislation. All rights reserved.
7.2. The App, Content, and all other materials available on the App are protected with, including, but not limited to copyright, trademarks, trade secrets.
7.3. You must not reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer, or otherwise exploit content or technology from the App without Company’s express prior written consent.
7.4. Violation of any of the intellectual property rights of the Company is strictly prohibited.
8.1. For non-performance or improper performance of their obligations under these Terms, the Company and you shall be liable in accordance with these Terms and the Applicable Law, unless otherwise provided hereby.
8.2. You shall not violate or attempt to violate the provisions of these Terms. In case of violation or an attempt of violation of the Terms, your access to the Services may be terminated.
8.3. The Company reserves the right to report violations committed by you during the use of the App and the Services to the authorized government bodies.
9.1. The App and the Content is provided without any guarantees, conditions, or warranties as to its accuracy, quality, and fit for a particular purpose or need.
9.2. The Company does not guarantee that App and the Services are error-free, reliable, or will operate without interruption. The App and the Services are provided to you on the “AS-IS‟ basis.
9.3. If you are not satisfied with the conditions and/or quality of the App or the Services, you must stop using the App and the Services. Your use of the App and the Services shall mean that you have no claims regarding conditions and/or quality of the App and Services against the Company.
9.4. In no event shall the Company, its officers, directors, employees, agents, and all third-party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:
10.1. To the extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
11.1. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond the Company’s and yours (“Party”) control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfilment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force.
11.2. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper fulfilment of their obligations hereunder.
12.1. You and the Company shall endeavour to resolve through negotiations all disagreements that may arise between you and the Company during the validity term hereof.
12.2. For the purposes of resolving disputes between you and the Company e-mail correspondence with the authorized persons of the Company at hello@obimy.com shall be effective and binding means of communication.
12.3. If you fail to reach an agreement with the Company within 30 (thirty) calendar days from the start of negotiations, the dispute shall be submitted to the competent court under the Applicable Law.
13.1. These Terms shall remain in force until terminated by the Company. The Company may terminate these Terms at any time at its own discretion without explaining the reasons for this decision.
13.2. If any questions have not been regulated by these Terms, they shall be regulated under the Applicable Law.
13.3. These Terms and Conditions, Privacy Policy any other notices and disclaimers on the App constitute the entire agreement between you and the Company regarding your use of the Services.
13.4. Should you have any comments, questions, or complaints, please contact the Company at hello@obimy.com. Additionally, you can click the “Contact Us” button in your Account settings in the App to contact the Company.
14.1. To use any of the Services, you must open an Account on the App.
14.2. In order to open an Account, you have to register on the App directly, or using your Google Account/AppleID.
14.3. To open an Account, you have to provide the App with the following information:
14.4. To protect your privacy, you are strongly advised to not let other persons use the terminal equipment you use to access the App (phone).
15.1. If you allow the App to access information your terminal equipment (phone) collects about you (heart rate and steps walked), the App shall display this information for you on the main screen.
15.2. If you manually input how you are feeling today, the App shall display this information for you on the main screen.
15.3. Based on mood parameters listed in Section 15.1 and 15.2, the App may display statics about your mood parameters over time, that shall be available in the App. We do not share statistics of your mood parameters with any third parties.
16.1. By pressing a Share button in the App, you may send another User a link. By clicking on the link, this User shall become your Partner in the App.
16.2. By swiping the main screen of the App, you and your Partner shall be able to see each other’s mood parameters listed in Section 15.1 and 15.2 of these Terms, unless you change your Account setting to not display some of the mood parameters to your Partners.
16.3. The number of Partners you may have is unlimited. However, you are advised to only send invite links to users with whom you are comfortable sharing your mood parameters.
16.4. You can edit Users from your list of Partners at any time and stop being a Partner for another User unilaterally at any time.
17.1. If you are a female User, the App shall use information you have shared with the App about your menstrual cycle when opening an Account, as well as other information you share with the App to predict your menstrual cycle phases and their length, including the menstrual phase.
17.2. The Company does not intend to guarantee that the prediction of your menstrual cycle phases and their length shall be accurate and that prediction is not medical advice.
17.3. When the App has made a prediction about your menstrual cycle phases and their length, the App shall display this prediction to you and to all of your Partners before the beginning of your menstrual phase, unless you change your Account setting to not display this information to your Partners.
We do not share information about your menstrual cycle with any third parties, other than your Partners.
18.1. You may, at your sole discretion, provide the App with additional information about yourself, such as information about your sexual activity, your physical wellbeing on the day you are using the App, as well as any other information you see fit to type in.
18.2. Using information described in Section 18.1 you have provided the App with, the App may send a notification to your Partners about your current mood and a suggestion of how to improve it.
We do not share the results of manually-input data interpretation with any third parties, other than your Partners.
18.3. The Company does not intend to guarantee that the results of manually-input data interpretation are accurate and that prediction is not mental health advice.
19.1. By swiping the main screen of the App and accessing your Parmer’s description page, you may click on your Partner’s mood emoji and send your Partner a scripted message by choosing a message you want to send.
19.2. Upon sending the message, it shall be visible to your Partner in the App.
19.3. Using the Service of User-Partner Interaction for harassing your Partner is strictly prohibited.
19.4. We do not share messages you send to/receive from your Partners with any third parties.
20.1. Using information you provide the App with, the App may display memories (reminders) of certain events in the past (e.g. walking a certain number of steps a day).
20.2. You may edit events displayed and create your own memories by uploading information, texts, and images to the App.
20.3. You can turn off the Service of displaying memories at any time.
20.4. We do not share memories you are shown or memories you create to any third parties.
21.1. You may, at your sole discretion, order additional services or subscriptions from Obimy.
21.2. The exact scope of such services and a fee schedule shall be available on the App.
21.3. You shall solely be liable for the use of such services and subscriptions and information received during their use.
21.4. You can unsubscribe or cancel your purchase for additional services and subscriptions at any time. Your subscription will be refunded on a proportion (pro-rata) basis, depending on a time period left.