The Somnia mobile application is operated by The AWE IVS, Julius Bloms Gade 26 4. Tv 2200 Copenhagen, DK and references to “we”, “us”, “our”, are references to The AWE IVS. By using Somnia app, you agree to the terms and conditions below (the “Terms and Conditions”).
You acknowledge that use of the Somnia app is subject to:
- any applicable terms of the app store or vendor from which the relevant Somnia appwas purchased; and
- the Subscription Terms which are available at https://somnia.app/terms-conditions/, to the extent that you access any applicable service through the Somnia app.
The Terms and Conditions are subject to change at any time and any updated Terms and Conditions shall be made available at https://somnia.app/terms-conditions/. You are responsible for reviewing regularly information posted online to obtain timely notice of any such changes. By using the Somnia app after any such changes you agree to comply with, and be bound by, the Terms and Conditions as in force from time to time. If you do not agree with any changes made to the Terms and Conditions, you should not continue to access or use the Somnia app.
By using the Somnia app, you agree to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. The data collected helps us to enhance user experience and customise content. You can control what information is collected through the Somnia app through the Settings -> About on your device.
These Terms and Conditions grant you the non-exclusive, non-transferable, revocable right to use the Somnia app in accordance with these Terms and Conditions.
Any fees or charges charged by us for use of the Somnia app is stated in the order process of the relevant application store for the application or made clear before the point of the in-app purchase. However, you may incur data charges from your carrier or other provider for downloading and/or using the Somnia app.
There are no restrictions on minimum age for accessing and using the Somnia app
If you want to learn more about the Somnia app or have any problems using it, in the first instance please consult our help section in the Somnia app under Settings -> Help. If you are unable to find the answer on our help page, please email us at the email address email@example.com
Limitations on Use
You may download the Somnia app on such for your personal and commercial purposes. You are not permitted either yourself or through by way of assistance from any third party, to distribute, copy, extract or commercially exploit the Somnia app or any content included on any Somnia app.
We aim to support multiple devices and operating systems. Such support can be subject to change so please consult the relevant platform app store page for the latest information.
You must not:
- use the Somnia app in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Somnia app or any operating system;
- use the Somnia app in any manner that could damage, disable, overburden, or impair our services or security (including by using the Somnia app in an automated manner);
- use the Somnia app in contravention of these Terms and Conditions, the Subscription Terms and Conditions or any other applicable terms;
- collect or harvest any information, data or other material from our systems or attempt to decipher any transmissions to or from our servers;
- use the Somnia app in any manner that could interfere with any other party’s use and enjoyment of our services;
- copy the Somnia app or any content delivered through the Somnia app except where it is necessary for the purpose of back-up; or
- rent, lease, sub-license, loan, provide or otherwise make available the Somnia app or any content delivered through the Somnia app.
From time to time we may update the Somnia app to improve performance, enhance functionality, reflect changes to the way the Somnia app works or address security issues. Alternatively we may ask you to update the Somnia app for these reasons. If you choose not to install such updates or if you opt-out of automatic updates you may not be able to continue using the Somnia app and you will be responsible for any loss or damage you may suffer by continuing to use an outdated version of the Somnia app.
Unless you obtain our prior written consent, you agree not to reproduce, distribute, perform, display, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Somnia app or any content featured thereon.
When you access any other website you understand that it is independent from the Somnia app and that we have no control over the content or availability of that website. In particular, you agree that any dealings you have with such third party site operators (including payment for and delivery of products or services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings) shall be on the terms and conditions (if any) of the third party operator and a matter solely between such third party operator and yourself.
In addition, a link to any other website does not mean that we endorse or accept any responsibility whatsoever for the content contained on such website or the use by you of it. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available through any such site or resource.
The Somnia app is provided “as is” and, to the extent permitted by law, without warranty or representation of any kind, either express or implied.
Nothing in these terms and conditions shall exclude our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for anything else for which it would be unlawful to do so.
To the extent permitted by law, we shall not be liable in contract, tort, negligence, breach of statutory duty, or otherwise for any loss or damage whatsoever in any way connected with your use or inability to use the Somnia app, or your use or reliance on any content in the Somnia app.
If the Somnia app damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
The Somnia app for personal and commercial purposes. We are not liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We may end your rights to use the Somnia app at any time by contacting you if you have broken these terms. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the Somnia app:
- You must stop all activities authorised by these terms, including your use of the Somnia app;
- You must delete or remove the Somnia app from all devices in your possession and immediately destroy all copies of the Somnia app which you have and confirm to us that you have done this; and
- We may remotely access your devices and remove the Somnia app from them.
We do not guarantee that the Somnia app, or any content thereon, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Somnia app for business and operational reasons (including maintenance, updates, technical improvements or to develop its content and/or presentation).
We do not guarantee that the Somnia app will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, apps and platform to access the Somnia app. You should use your own virus protection software.
You must not misuse the Somnia app by introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Somnia app or any server, computer or database connected to the Somnia app. You must not attack the Somnia app via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Somnia app will cease immediately.
Except as otherwise indicated, all materials on the Somnia app, including, but not limited to photographs, other images, illustrations, text, video clips and written and other materials contained in the Somnia app are protected by copyrights, database rights, trademarks and/or other intellectual property rights owned, or used with permission of their owners, by us or our affiliates or associates. The Somnia app is protected by copyright and other intellectual property rights and you agree that you have no intellectual property rights in or to the Somnia app other than the right to use it in accordance with these Terms and Conditions. All rights are reserved.
“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and related laws, and any and all together proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide.
We may assign or transfer our rights and obligations under these Terms and Conditions to any third party. You may not transfer your rights and/or obligations under these Terms and Conditions without our consent.
These Terms and Conditions do not give rise to any rights to any third party (by virtue of any legislation or otherwise).
These Terms and Conditions are governed by Danish law and you can bring legal proceedings in respect of the Somnia app in the Danish courts. Regardless of this, you may have statutory and/or consumer rights where you live which apply and your local law may apply in some circumstances.