Terms of Use
Effective as of August 15th, 2022
1. Your agreement with these Terms of Use and their acceptance
These Terms of Use are a legal agreement between you (“you”) and MAMATECH LTD., a company incorporated in the Republic of Cyprus (“Company,” “we” or “us”) for use of the Soula mobile application (the “App”), the website soula.care (the “Website”), and all related services, features and content offered by the Company. These Terms of Use are not concluded with Apple, Inc., any of its subsidiaries, Google, Inc., any of its subsidiaries, or any other entity as may apply.
Please read these Terms of Use carefully. By creating an account or accessing or using the App (Website), you acknowledge that you accept and agree to be bound by these Terms of Use.
BY USING THE APP (Website), YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE APP (Website).
We have the right to change, modify, add or remove portions of these Terms of Use from time to time. We will notify you by email or through the App, or by presenting you with a new version of the Terms of Use for you to accept if we make modifications that materially change your rights. Your continued use of the App (Website) after our changes to the Terms of Use will indicate your acceptance of and agreement with the Terms of Use as modified.
As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to use the App (Website).
2. Services disclaimer
THE COMPANY OR COMPANY’S USERS ARE NOT LICENSED MEDICAL CARE PROVIDERS. THE APP (WEBSITE) ARE NOT INTENDED TO PROVIDE MEDICAL CARE AND SUPPORT. WE DO NOT ASK FOR ANY EDUCATION CERTIFICATES OF OUR USERS TO CHECK THEIR QUALIFICATION. TO RECEIVE QUALIFIED MEDICAL HELP OR ADVICE PLEASE CONSULT WITH A LICENSED DOCTOR. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE APP (WEBSITE).
IF YOU ARE CURRENTLY PREGNANT OR POSTPARTUM, BE AWARE THAT YOU ARE RESPONSIBLE NOT ONLY FOR YOUR HEALTH, BUT ALSO FOR YOUR CHILD’S HEALTH. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY MEDICAL OR WELL-BEING QUESTIONS OR CONCERNS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL EMERGENCY SERVICES OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS ANY VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO PREGNANCY AND BIRTH-GIVING PROCESSES AND RELATABLE PROCESSES. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.
3. Use at your own risk
Our goal is to help make certain health and well-being information more available and useful to you. However, the App (Website) cannot and does not guarantee health and well-being improvements or outcomes. You use our services at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App (Website), and you agree and understand that the App (Website) are not intended to be qualified medical help.
4. Registration and eligibility
To use the App (Website), you may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name (username), date of birth, e-mail address, etc. This information will be held and used in accordance with our Privacy Policy. Our Privacy Policy applies to the App (Website) and shall be considered a part of these Terms of Use.
To create an Account and access the App, you must be at least 13 years old (16 years old in EU) and not barred from using the App under applicable law.
If you are under 18, your parent or guardian must review and accept the terms of these Terms of Use, and by using the App, you confirm that your parent or guardian has so reviewed and accepted these Terms of Use. We reserve the right to limit the availability to users under the age of 18 of certain content in the App, in our sole discretion.
>5. Age restrictions
You should be aware that this App (Website) is not intended or designed to attract children under the age of 13. We do not collect personal data from any person we actually know is a child under the age of 13.
We care about children privacy. We carefully examine the materials that we make available via the App (Website) to people between 13 and 17 in order to avoid any inappropriate or harmful content.
If you are a resident of the United Kingdom or the European Union, you shall be at least 16 years old in order to use the App. Except to the extent prohibited by applicable law, we do not allow the use of the App by United Kingdom or European Union residents younger than 16 years old.
6. Your use of the App
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the App (Website) is owned, controlled or licensed by or to us, and is protected by law, including various intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the App (Website) and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
By using the App (Website), you acknowledge and agree that Internet transmissions are never completely private or secure. If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas.
As a condition of using the App (Website), you agree not to use the App (Website) for any purpose that is prohibited by these Terms of Use. You are responsible for all your activity in connection with the App (Website) and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.
You agree that if you take any of the following actions, you will be materially breaching these Terms of Use, and you agree that you SHALL NOT:
a) resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App (Website);
b) modify, reverse engineer, decompile or disassemble the App (Website);
c) copy, adapt, alter, modify, translate, or create derivative works of the App (Website) without our written consent;
d) permit other individuals to use your Account or to use any other user’s Account;
e) circumvent or disable any technological features or measures in the App (Website) for protection of intellectual property rights;
f) use the App (Website) in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
g) use or access the App (Website) to compile data in a manner that is used or usable by a competitive product or service;
h) use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
i) use your Account to engage in any illegal conduct;
j) upload or transmit any communications that infringe or violate the rights of any party;
k) upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use, and Privacy Policy; or
l) upload any material that contains software viruses or any other computer code, files or programs that is malicious, technologically harmful or designed to interrupt, destroy or limit the functionality of any computer software, this App (Website).
Any such forbidden use shall immediately terminate your license to use the App.
7. Limited License to the App
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App (Website) for personal and non-commercial purposes in accordance with these Terms of Use. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the App (Website) without our prior express written consent which may be withheld for any or no reason. You further agree not to download, display or use any Content for any commercial purpose.
All rights, title, and interest in and to the App (Website) not expressly
granted in these Terms of Use are reserved by the Company. If you wish to use
the Company’s software, title, trade name, trademark, service mark, logo,
domain name and/or any other identification with notable brand features or
other content owned by the Company, you must obtain written permission from
the Company by writing to us on the email
To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the App (Website). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App (Website).
8. License to User Content
The App (Website) enable you post or upload content, submit content and log certain information into the App (Website) (“User Content”). You retain all rights to such User Content that you post, share, or log in the App (Website).
By providing your User Content to the App (Website), you:
a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App (Website) and related services and/or for the Company’s promotional purposes (for example, by displaying on our Website, within the App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy;
b) agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from all claims and expenses, including attorneys’ fees, arising from the media and/oryour failure to company with the terms described in these Terms of Use.
The Company reserves the right to review all User Content prior to submission to the App (Website) and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.
All rights, title, and interest in and to the App (Website) not expressly
granted in these Terms of Use are reserved by the Company. If you wish to use
the Company’s software, title, trade name, trademark, service mark, logo,
domain name and/or any other identification with notable brand features or
other content owned by the Company, you must obtain written permission from
the Company by writing to us on the email
To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the App (Website). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App (Website).
9. Purchases
The App (Website) is provided free of charge. We consider enabling paid subscriptions later. You will be notified of such updates.
10. Passwords and Security
You are entirely responsible for maintaining the confidentiality of the information you hold for your Account, including your username and password, and for any and all activity that occurs under your Account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your Account or password, or any other breach of security. We will help you to deactivate a password.
You grant the Company and all other persons or entities involved in the operation of the App (Website) the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App (Website). The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use, or misuse of information transmitted or received arising from the using the App (Website) and shall not be responsible for any losses arising out of the unauthorized use of your Account or information resulting from you not following these rules.
11. Renewal and Cancellation
You can terminate your Account by writing to
12. Warranty disclaimer
The Company controls and operates the App (Website) from various locations and makes no representation that the App (Website) are appropriate or available for use in all locations. The App (Website) or their certain features may not be available in your location or may vary across locations.
THE APP (WEBSITE) ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANTS, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE APP (WEBSITE) WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP (WEBSITE) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE APP (WEBSITE) WILL MEET YOUR REQUIREMENTS. OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE APP (WEBSITE). YOUR USE OF THE APP (WEBSITE) IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ALL INFORMATION PROVIDED ON THE APP (WEBSITE) IS SUBJECT TO CHANGE WITHOUT NOTICE EXCEPT AS PROVIDED HEREIN.
We reserve the right to do any of the following, at any time, without notice:
a. to modify, suspend or terminate operation of or access to the App (Website), or any portion of the App (Website), for any reason;
b. to modify or change the App (Website), or any portion of the App (Website), and any applicable policies or terms; and
c. to interrupt the operation of the App (Website), or any portion of the App (Website), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
13. Limitation of liability
Except where prohibited by law, in no event will Company be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the App (Website) or any Content, our liability shall in no event exceed the greater of USD 100.00 (one hundred). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
14. Third-Party Services
The App (Website) may contain links to other independent third-party websites, apps, or other products or services (“Third-Party Services”). These Third-Party Services are provided solely as a convenience to our users. Such Third-Party Services are not under our control, and we are not responsible for and do not endorse the content of such Third-Party Services, including any information or materials contained on such Third-Party Services. We shall not be liable for their personal data processing or for any of other their actions. You will need to make your own independent judgment regarding your interaction with these Third-Party Services. You need to take appropriate steps to determine whether accessing a Third-Party Service is appropriate, including protecting your personal information and privacy in using any such Third-Party Services and complying with relevant agreements.
You shall not link to our App (Website) in a way that is: (i) illegal, (ii) suggests any form of association, approval or endorsement with or by us where none exists, (iii) damages our reputation or takes advantage of it, or (iv) is unfair.
15. Indemnity
You agree to defend, indemnify, and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, representatives, licensors, suppliers, partners, advertisers and content providers, harmless from and against any demands, loss, claims, expenses, actions, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from, your use, including but not limited to violation of these Terms of Use.
16. Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the App (Website), including all disputes, will be governed by the laws of the Republic of Cyprus and by the laws of the European Union where applicable. You agree to the personal jurisdiction by and venue in the state and courts in the Republic of Cyprus and waive any objection to such jurisdiction or venue.
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the App (Website), the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to use arbitration.
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Cyprus Center for Alternative Dispute Resolution Rules (A.D.R. Cyprus Center Ltd) which Rules are deemed to be incorporated by reference into this clause. The seat, or legal place, of arbitration shall be the Republic of Cyprus.
17. Notice and takedown procedures
We comply with copyright laws and do our best to protect the rights of the copyright owners.
If you believe any materials accessible on or from the App (Website) infringe your copyright, you may request removal of those materials (or access thereto) from this App (Website) by contacting us and providing the following information:
a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorized version of the work.
b) Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
c) Your name, address, telephone number and (if available) e-mail address.
d) A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
e) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
f) A signature or the electronic equivalent from the copyright holder or authorized representative.
18. Questions and comments
If you have any comments or questions on any part of the App (Website), or any part of these Terms of Use, require support, or have any claims, please contact us at:
28 Oktovriou, 367, MEDITERRANEAN COURT, Floor 1, Flat/Office A5, 3107, Limassol, Cyprus,
or by e-mail:
Any feedback you provide here shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis regarding our Privacy Policy.