Terms of Service
1. Company information
Company name: BORNLY ApS
Address: Traneholmen 45, 3460 Birkeroed, Denmark
2. Contact information
Below you find the terms of services for using BORNLY ApS services and brands. Our Terms of Service (“Terms”) apply to our websites, apps, services, and products no matter if they are used for free or paid (collectively known as “Services”) unless it is specifically stated in a given section that this only applies to a given service.
By becoming a member or simply using our Services, you accept and agree to these Terms. These Terms are a legally binding agreement between you ("User", "you" or "your") and BORNLY ApS ("Bornly", "we", "us" or "our"). Therefore, it is important that you carefully read through these Terms. If you do not consent to these Terms, you should not register at Bornly or use any of its services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms. You acknowledge that this Disclaimer is a contract between you and BORNLY ApS, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
The Services are provided, developed and maintained by BORNLY ApS (“Bornly”). The Services can be found in various online places such as on the web, in the Apple App Store and Google Play Store.
4. Using our Services
When using our Services you agree to follow the rules as stated in these Terms. Furthermore, you will agree that:
You will only use the Services for private use and not commercial use.
You will not misuse the Services so that either Bornly or anyone else is harmed in any way.
You may only use the Services as permitted by law and these Terms.
You make sure the data you have provided is accurate and up to date.
You are the sole responsible party for all activities on your account, and all the content that you provide/create when using the Services.
Bornly does not monitor contents on the Services, however, can at any time choose, at its sole discretion, to remove some content of any kind, and terminate your account and membership.
Your account, including secrets like your email and password, is your personal property that may not be used by someone else. You are responsible for storing your account credentials in a safe manner, and contact Bornly if you suspect any unauthorized use of your account. Bornly is not in any way responsible for any loss or damage caused by unauthorized access to your account.
Violation of any of these Terms will lead to direct termination of your user account and subscription. If you violate these terms, you will not get a refund.
You will not engage in any commercial activity, advertisement and/or provide links, or the likes, through our Services that in any way hints commercial activity.
You must not engage in any unlawful activities on the Service, such as (but not limited to) contributing with information which in any way contains or involves incitement to racial hatred, defamation, harassment, child pornography or pornography.
You are not allowed to contribute to any propaganda, religious and/or political views.
You may not transmit, and/or distribute files that may damage Bornly or others’ computers or property (such as viruses and trojan horses).
You may not share others’ personal information, without their approval.
You may not modify, print or copy any part of the Services. Inclusion of any part of the Services in another work, whether in printed or electronic or another form or inclusion of any part of the Services on another resource by embedding, framing or otherwise without the express permission of Bornly is prohibited.
You have read, understood, and agreed to our medical disclaimer.
5. Age Restrictions
The Services are not intended for use by persons under the age of 18. You must be over the age of 18 to buy a subscription, so if you are under the age of 18, you need consent from your parent or guardian. Should a subscription agreement be made by a person under the age of 18, this can easily be annulled by contacting our customer service. If you wish to use our Services but are under 18, you must also have consent from a parent or guardian.
6. Intellectual Property, Trademarks and Copyright
All materials (including software and content whether downloaded or not) contained in the Products are owned by Bornly (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms of service provided to you without our prior written permission.
Bornly, the logo and all other Bornly Services product or service marks are trademarks of Bornly ApS. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. Bornly will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. Medical Disclaimer
Please refer to our medical disclaimer. By accessing and using the Services, you acknowledge that you have read, understood, and agree to the Medical Disclaimer.
8. Purchases and Paid Services
This section only applies if you have/are planning to purchase/subscribe to some paid Services. Bornly provides multiple paid Services and, whenever you pay a subscription fee, you get access to the premium contents and features that specific plan you have paid for grants you.
All subscriptions at Bornly are paid in advance.
If you have subscribed to Bornly through the use of App Store, Google Play Store or any other such service provider, using in-app purchase, you can only cancel your subscription through the use of their services. Payments will solely be handled by the provider you have purchased the subscription at, like Apple App Store or Google Play Store. If you need help, please contact us.
8.2 Conditions of Bornly's subscriptions with recurring payments
Subscriptions with Bornly are recurring subscriptions, which continue until cancelled. Payment happens in advance of the agreed period, and at the end of a given period, payment will be made for the next period. Cancellation of your subscription can be done with no notice.
If you begin a subscription within one of our Services, they are delivered through the app – but you can also access all information via our web app or website (if available). If you begin a subscription on our web app or website you can access all functions, meal plans, recipes, etc. on both our website and within the app. When you begin a subscription with one of our services, you will receive a confirmation email.
At Bornly, we treat you better than the law requires. We only ever want happy customers, which is why we have no cancellation period. That means you can cancel your subscription absolutely any time. You can cancel your subscription at the latest on the day before the next payment date to avoid being charged for another time period, depending on your subscription.
If you began your subscription through the Bornly mobile apps on iOS, cancellation on your phone happens the following way:
Go to Settings > [your name] > iTunes & App Store
Press your Apple ID at the top of your screen.
Press Show Apple ID. You may need to log in or use Touch ID.
Press the subscription you want to amend.
8.5 Procedure for updating card details
Fortunately, it’s easy to update your card details!
If you began your subscription via our mobile app on iOS, change your card details the following way:
Go to Settings > [your name] > iTunes & App Store.
Press your Apple ID. You may be asked to confirm your Apple ID.
Press Payment Details.
Enter your new payment details. If you want to remove your payment method, select None. Read more about what to do, if you don’t have the None option or cannot select it.
Make sure your name and billing address match with the information held at your bank or credit union.
When you’ve changed your payment details for a credit card, iTunes Store will make a temporary reservation on your card to verify the updated account details.
Should you experience issues or have further questions, please contact us and we will do our best to help you straight away. Write to us at email@example.com.
8.6 Failed payments
This can be due to several things, but the most common reasons are that you’ve gotten a new card, or insufficient funds in the account.
Regarding new cards, see above for how to update your billing information.
Should there be insufficient funds in the account when we attempt the payment for the coming subscription period, your subscription will be paused, and you will receive an email stating this. We will attempt the payment again in the days following, and will try a maximum of 5 times before your subscription is cancelled.
Bornly reserves the right to refuse the Service to anyone for any reason at any time.
9. Changes to our terms of services
10. Governing law and dispute resolution
11. Disclaimer and limitation of liability
You use the Service at your own risk. The Service is provided “AS IS,” without any warranties, and Bornly does not warrant that the Service and availability thereof will be uninterrupted or error-free. Bornly does not assume any responsibility for errors or omissions in the information or software or other documents, including User Material, which is referenced by or linked to. References or links to third parties' websites are provided "AS IS," without warranty of any kind, either express or implied. In no event shall Bornly be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, Bornly’s aggregated liability for any direct damages shall be limited to the lesser of: (i) membership fees paid by the user; (ii) membership fees paid by the user during the previous calendar year; or (iii) 5 000 DKK.
You agree to indemnify and hold BORNLY ApS and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any wilful misconduct on your part.