Terms and Conditions for Use of the Brusta Breast Pump Application (Brusta)

Introduction

          These Terms and Conditions of Use (“Terms of Use”) govern your use of the Brusta Breast Pump Application (Brusta App) and the services (as defined below) (collectively, the “Application”) provided by All Modern Supply Company Limited, corporate registration number 0105549077808, located at 315 Soi Phet Kasem 48, Intersection 4-7, Bang Duan Subdistrict, Phasi Charoen District, Bangkok 10160, Thailand (“Brusta”, “we”, “us”, “our”). Brusta provides the Application to users (“User”, “you”, “your”).

          You must accept these Terms of Use when you use the Application. Please read these Terms of Use carefully before you begin using the Application. If you do not accept these Terms of Use, please avoid using the Application. If you have questions about these Terms of Use, please contact us at: off.ams@outlook.co.th

          You can review information about the collection and processing of personal data related to the Application in the Brusta Breast Pump Application (Brusta App) Privacy Policy.

1. 1. Username and Password
      To use the Application, you must create a user account (“User Account”) and log in. You may choose a username and password to access your User Account on the Application. If you register for a new User Account, your username and password must not contain content that is harmful, threatening, racist or ethnically discriminatory, sexual in nature, defamatory, infringing any intellectual property rights, or violating personal rights. We reserve the right to change your username if we consider that you have violated these Terms of Use.
      
                When creating a User Account, you may complete registration and log in via email or mobile
      phone number. Please read the Brusta Breast Pump Application (Brusta App) Privacy Policy
      before you begin using the Application.
      
                By clicking the “Register” button at the bottom of the login page, the User must
      complete the activation information for a User Account with Brusta, under the administration of
      All Modern Supply Company Limited. You must accept these Terms of Use before you can press
      the “Accept” button.
      
                Before pressing “Accept”, the User can correct errors by editing the information on the
      input page—by clicking the relevant line and deleting previously entered information during the
      activation process. If you choose to log in via email, we will verify your email address by sending
      a verification link to the email address you provided, and after activation is completed you will
      receive an email confirmation to that email address. The login and registration pages will include
      a link to these Terms and Conditions for Use of the Brusta Breast Pump Application (Brusta App)
      for you to read before accepting. The Terms and Conditions will be recorded and stored
      internally by Brusta under the administration of All Modern Supply Company Limited, in
      accordance with legal requirements under personal data protection law, but will not be
      stored/recorded for the User. The activation confirmation and contractual documents should be
      carefully kept by the User.
      
                Your account is personal, and you are not permitted to transfer your account to any third party or allow any third party to use the Application through your User Account. You are responsible for protecting your login credentials from unauthorized access. If there is reasonable
      suspicion that a third party may access your User Account, you must notify us immediately. We reserve the right to suspend access to your User Account if we have reasonable grounds to believe that a third party has gained unauthorized access. However, we have no obligation to take such action.
               
      To use the Application effectively, you may require additional devices such as a smartphone or tablet running Android 13.0 or iOS 8.0 or later. Brusta, under the administration of All Modern Supply Company Limited, does not provide such hardware; it is your responsibility to procure it.
      
                You are responsible for arranging the network connection necessary to access the Application, which may incur additional charges (e.g., data transfer fees and messaging fees). We are not responsible for such costs. You are also responsible for ensuring that the necessary hardware or software is kept up to date for access to and use of our Application.
      
      Brusta, under the administration of All Modern Supply Company Limited, or third parties may offer new and/or additional products and/or services at any time provided that such offerings do not adversely affect and/or impact the Application and/or services in any way. Use of such new and/or additional products and/or services may be subject to additional terms and conditions of Brusta under the administration of All Modern Supply Company Limited or third parties, which will be communicated during the activation process or booking/reservation of such new and/or additional products and/or services within the Application.
      
                2. Services
      This Application offers various features related to breast milk pumping (each a “Feature”, and collectively, the “Services”), which may be subject to separate agreements, may change from time to time, and may differ depending on the vehicle and/or device used.
      
      2.1 Personal Data We Collect
           • User account information: email, password, login/logout information
           • Registration information: full name, phone number, email, date of birth, address/postal code
           • Device information: device model, device identifier/number, operating system, IP address, mobile network information
           • Usage information: pumping schedule, breastfeeding reminders/notifications
           • Location data (GPS): for certain functions (collected only when you consent)
           • Child data: child’s date of birth, for calculating the breastfeeding period
      
           3. Use of the Application
      When using the Application, you must:
                3.1 Comply with applicable laws
                3.2 Comply with these Terms of Use and the instructions of the Brusta Breast Pump Application (Brusta App)
                3.3 Not use the Application in an improper manner or in a way that may cause harm, and/or
                3.4 Access and update the Application regularly when using the Application services
      You must not do the following:
                3.5 Attack the functionality of the Application For example: sending excessive suggestions/feedback (spam), attempting hacking, brute-force attacks, using or transmitting spyware, viruses, or worms.
                3.6 Attempt to interfere with, harm, reverse engineer, steal, extract, or access the Application Including: accessing other users’ accounts, accessing technology/equipment supporting the Application, connecting to the Application without authorization, using data mining, robots, or other data-gathering tools on or through the Application, or publishing incomplete, false, misleading, or inappropriate information or content.
                3.7 Disclose personal data of others / Use the Application unlawfully or use the Application to commit unlawful acts that result in fines, penalties, or other liabilities to the Brusta Breast Pump Application (Brusta App).
      
      4. Fees
          The Application is provided free of charge unless otherwise specified in these Terms of Use.
      
      5. Availability
          Brusta, under the administration of All Modern Supply Company Limited, reserves the right to suspend or restrict access to all or part of the Application temporarily or permanently for the following reasons:
      
                5.1 Technical and/or security reasons
                Including technical/security reasons and/or where you violate the provisions under “Use of the Application”. This may be done without prior notice if it cannot reasonably be expected that performance of the contract can continue within the contractual notice period, considering the circumstances of the case and the interests of both parties. Termination in such case may be made after the expiry of a period set for corrective measures where such measures are not taken, or where warnings are ineffective. In special circumstances where immediate termination is justified after considering the interests of both parties, the period for corrective measures or warnings shall not apply; or
      
                5.2 Your breach of these Terms of Use
      The Brusta Breast Pump Application (Brusta App) will notify you in advance as far as practicable regarding suspension or restriction of your access. If suspension/restriction results from your breach of these Terms of Use, the Application will allow you to regain access once you have remedied the breach. For other cases, Brusta under the administration of All Modern Supply Company Limited will use its best efforts to restore access as soon as possible.
      
                5.3 Intellectual Property Rights
                The Application and the content within the Application created by Brusta (Brusta App) are the property of Brusta under the administration of All Modern Supply Company Limited. You must not sell, distribute, announce, publish, disseminate, exploit, reproduce (in whole or in part), transmit (electronically or otherwise), modify, display, retransmit, license, or use the Application for public benefit or any commercial purpose without our prior authorization. All rights in the Application, including rights in software and content, are protected, and licensors of the Brusta Breast Pump Application (Brusta App) own such rights.
      
      Nothing in these Terms of Use shall be construed as transferring ownership rights in the Application or any trademarks, service marks, or logos that are the property of Brusta (Brusta App) and its licensors. Brusta under the administration of All Modern Supply Company Limited reserves all rights relating to any services and content owned by Brusta under the administration of All Modern Supply Company Limited.
      
                5.4 Term and Termination
                Your right to use the Application services begins on the date you accept these Terms of Use.
      
                You may terminate these Terms of Use, including your right to use the Application, at any time by giving at least thirty (30) days’ prior notice. In the event of a material breach, the non-breaching party may terminate these Terms of Use if the breaching party fails to remedy the breach within thirty (30) days from receiving notice of such breach.
      
                5.5.1 Data Retention Period
                Brusta under the administration of All Modern Supply Company Limited will retain personal data for as long as necessary to achieve the purposes above. When no longer necessary, we will delete the data or anonymize it, for example:
      
                • User account information: retained until the user closes the account, then retained for 90 days
                • Device/usage data: retained for 2 years from the most recent use
                • Child data: retained until the child reaches the specified age, or when the parent/guardian withdraws consent
      
                5.5 Termination can be made in writing or by email
      
                Each party retains the right to terminate the agreement based on grounds for termination, or as otherwise permitted by law, including following the procedures required by law and/or restoration to the original status.
      
                Upon termination, Brusta under the administration of All Modern Supply Company Limited will prohibit the User from continuing to use the App and services by disabling access and closing the User Account. Termination will not affect applicable provisions (that survive termination).
      
                5.6 Amendments
                Amendments to these Terms of Use will be presented to Users in writing at least two (2) months before the effective date of such amendments. If the User has agreed to communicate with us electronically as specified in these Terms of Use, amendments may also be presented via such electronic means.
      
      Users may accept or reject amendments before the proposed effective date. Where amendments relate to compliance with new regulations or relevant court judgments, the applicable terms and conditions shall apply accordingly.
      
                6. Legal Provisions
      Personal Data Protection under the PDPA
      
                All Modern Supply Company Limited places the highest importance on protecting Users’ personal data. The collection, use, and disclosure of personal data will be carried out strictly in accordance with the Personal Data Protection Act B.E. 2562 (PDPA) to ensure that Users’ data is properly and securely protected.
      
                Personal data received by All Modern Supply Company Limited will be used only for the purposes notified and will not be disclosed to third parties unless consent is obtained from the data owner or disclosure is required by law. Users have the right to access, correct, delete, or withdraw consent for the use of personal data at any time, and may contact us through the email channel designated by All Modern Supply Company Limited.
      
                In addition, All Modern Supply Company Limited has implemented appropriate security measures to prevent unauthorized access, including protection against loss, misuse, or unauthorized disclosure. The Company is committed to maintaining the highest standards to protect the rights and privacy of all Users.