THE FERTILITY APP CORPORATION
Please read the following carefully.
- Intended Users
You must be at least eighteen (18) years old to use our Services and App. Your use of our Services and App is a representation to us that you are at least eighteen (18) years of age. You agree to cooperate with us and any reasonable measures we may use to verify your identity and authority in connection with your use of our Services and App.
- Your Registration Obligations
We may at times require that you register and/or set up an account to use certain portions of our Services or App. In order to do so, you may be provided, or required to choose, a password, username, and/or other registration information, including, but not limited to, personal information (collectively, “Registration Suggestions”). You agree and represent that all Registration Suggestions provided by you is accurate and up-to-date. If any of your Registration Suggestions changes, you must update it by sending the corrected Registration Suggestions to us at firstname.lastname@example.org or by using the appropriate update mechanism on our Site or App, if available. If we believe that the Registration Suggestions that you provided is not correct, current, or complete, we reserve the right to refuse you access to our Site, Services or App. However, we have no obligation to verify the accuracy, currency completeness or usefulness of any Registration Suggestions that you have provided to us.
- If you register or set up an account on the App, you will be solely responsible for maintaining the confidentiality of any username, password, and similar information. You may not authorize others to use your username, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Suggestions, with or without authorization, or who has access to any computer on which your account resides or is accessible.
- We have the right, in our sole discretion, to cancel your username and password without notice to you.
- License Grant and Restrictions on Use
- So long as you comply with these Terms, TFAC hereby grants to you a limited, non-exclusive, non-transferable, revocable, non-sublicensable right to download and use the App on a compatible mobile device to access and use the Services solely for your personal, non-commercial purposes. You may not use our Services or App for any other purpose without our express prior written consent.
- TFAC may, at any time and without notice to you, suspend, disable, limit or terminate access or use of all or part of the App or the Services for any reason and without any liability to you whatsoever. While TFAC takes great care to ensure the App and Services are accurate, errors and/or inaccuracies may occur. TFAC may change or update information on the Site at any time without notice, and availability of the Services or the App. We make no representations that the App or Services are compatible with, or will function or operate with your device or equipment.
- Additional Terms for Mobile Users
- Your use of our App must be in accordance with all third party usage rules and policies that may exist from time to time (“Usage Policies”) applicable to you or your use of our App that may relate to any service provider, mobile device platform or the method you downloaded our App. You are solely responsible for determining the Usage Policies that apply to your use of the App.
- Your use of the App requires usage of data services. You acknowledge and agree that you are solely responsible for any and all data fees that your wireless service carrier may charge and any other applicable fees in connection with your use of the App.
- You must not use this App on any device that you know or have reason to believe has had its standard protections and limitations have been removed, including, but not limited to a device that has been “rooted” or “jailbroken”.
- The following additional terms and conditions apply with respect to any App that TFAC provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App“):
- You acknowledge that these terms are between you and TFAC only, and not with Apple, Inc. (“Apple“).
- Your use of TFAC’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- TFAC, and not Apple, is solely responsible for our iOS App and the Services and content available thereon.
- Your use of the iOS App is limited to Apple branded products that you own or control and as permitted by the Usage Policies set forth in the App Store Terms of Service.
- You acknowledge that Apple has no obligation to provide maintenance and support services whatsoever with respect to our iOS App.
- To the maximum extent permitted by applicable law, Apple will have no warranty obligations, whether express or implied by law whatsoever with respect to our iOS App. To the extent not effectively disclaimed, any warranties remain with TFAC. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for iOS App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty will be TFAC’s sole responsibility.
- You agree that TFAC, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to us as provider of the iOS App.
- You agree that TFAC, and not Apple, shall be responsible, in the event of any third party claim that the iOS App or your possession and use of our iOS App infringes that third party’s intellectual property rights, and TFAC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such third party intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- If you have any questions, complaints or claims regarding the iOS App, please contact TFAC at email@example.com.
- The parties agree that Apple and Apple’s subsidiaries are third party beneficiaries to these terms as they relate to your license of TFAC’s iOS App. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
- User Content
- By using our Services, you may have the opportunity to post your own content (such as text, images and other materials), comments or inquiries (collectively, “User Content”) on our Site, including but not limited to, our blog.
- When you access certain features on our Site that allow you to post and communicate with other users, we urge you not to share any personal information, confidential information or any other information that you would not want to share with the general public. Any User Content you provide for display on the Site is considered non-confidential.
- You agree to only post User Content to which you own all proprietary right, title and interest, or have a license or written consent from the owner to post such User Content on our Site. You grant TFAC a worldwide, royalty-free, fully-paid, non-exclusive, transferable, sub-licensable license to use, reproduce, publicly perform, publicly display, publish, distribute, and create derivative works of any User Content. We acknowledge and agree that you will own all proprietary right, title and interest in your own User Content.
- Proprietary Content
- Third Party Content
- Our Services and App may also contain information or materials (“Third Party Content”) that is owned or provided by persons other than TFAC (“Third Party Providers”). We make no representations and warranties with respect to any such Third Party Content and do not undertake to conduct any independent investigation of Third Party Content. Inclusion of Third Party Content from Third Party Providers with our Services or App does not mean, unless expressly stated otherwise, that we endorse or agree with such Third Party Content.
- You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
- You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers. You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use.
- Use of our Site, App and Services
- We expect that you will access and use our Site, App and Services in a professional, responsible and business-like manner in accordance with applicable laws and treat all users of the Site, App and Services (the “Users”) lawfully and respectfully when posting User Content and interacting with Users through the Site. By using our Services or App, you have the opportunity to engage in dialogue with representatives of TFAC if you send us emails or contact us through our Site. We welcome your questions, suggestions, ideas and other information (collectively “Suggestions”) that you communicate to us so long as any such Suggestions, User Content, or interaction is not obscene, illegal, threatening, defamatory, libellous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful or racially, ethically or otherwise objectionable, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties.
- You are not obligated to provide us with Suggestions regarding our Site, Services or App. However, if you do provide us with Suggestions, then we retain all rights to any Suggestions that you may provide to us and you agree to grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use your Suggestions in any commercial manner.
- You further agree that you must use our Site, App and Services for lawful purposes only and represent and warrant that you will not use our Site, App and Services to:
- e-mail, provide us with or otherwise transmit any Suggestions or User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- e-mail, provide us with or otherwise transmit any Suggestions or User Content that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
- remove any proprietary notices or labels, or any promotional or advertising material, from our Site, App and Services;
- e-mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Site or otherwise communicating with us;
- upload, e-mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any TFAC or third party computer hardware, software, networks, or hardware or telecommunications equipment;
- interfere or attempt to interfere with or disrupt our Services, App or Site including but not limited to our servers or networks connected to our Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” our Site or disobeying any requirements, procedures, policies or regulations of networks connected to our Site, App and Services;
- direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;
- intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Site, App and Services or any User Content;
- Collect, store, distribute, post, revise or delete any User Content or other personal information of other Users without their express consent;
- Transmit any Information or User Content known by you to be false, inaccurate or misleading; or
- Transmit any Information or User Content that is intimate, private or that you would not want the public to view or have access to.
- Disclaimer of Warranties/Limitation of Liability
- You understand that we will use commercially reasonable efforts to provide our Services, Site or App but we cannot and do not guarantee or promise any specific and intended results from the use of our Services, Site or App. You also understand that any information in our Documentation is provided for your own convenience and is for informational purposes only. You acknowledge that any reliance on our Documentation, Services and App will be at your own risk and that you must evaluate and bear all risks associated with the use of our Documentation, Services and App. Any opinions and comments in User Content represents the views and opinions of the person that posted such User Content and in no way represent the views and opinions of TFAC.
- We cannot and do not guarantee or promise any specific and intended results and benefits, including but not limited to financial or commercial, from the use of our Services, Site or App. You acknowledge that any use of our Services, Site or App will be at your own risk. you are solely responsible for any use of and results from using our services, site and app. your use of our services, site and app is entirely at your own risk.
- We do not warrant or represent that files or information available for access or downloading from the Internet, hyperlinked sites, our Site or any files and emails from us will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. your use of the internet is at your own risk and you are solely responsible for any damages to your computer systems or loss of data that results from any internet access or our site, services and app.
- in no event shall TFAC, its directors, officers, shareholders, employees, third party providers, agents or advisors (“associated persons”) be liable to you or any other person or entity for any direct, indirect, exemplary, special, incidental, consequential or punitive damages, including loss of income, loss of profits, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses or other economic or personal loss arising from or in connection with: (i) your use of or reliance on any user content or the information provided by us on our site, services, app or stated in our documentation; (ii) your use of or inability to use our services, app or site; (iii) your violations of trademark infringement or other intellectual property rights; (iv) any failure of performance of our site, services and app, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; (v) the unauthorized use of your account and password by any person; (vi) any third party content or hyperlinked sites; (vii) your user content or other information that you transmitted or shared with other users or the public through or in connection with our service; or (viii) any other matters relating to our site, services, app and documentation, whether based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not we had any knowledge, actual or constructive, that you might incur such damages.
- we disclaim any and all such above representations, warranties and conditions to the fullest extent permissible under applicable law. certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights.
- System Security
- Dispute Resolution
- Governing Law; Jurisdiction
- Entire Agreement
- No Agency; Third Party Beneficiary
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without our prior written consent.
- No Waiver
- Last Modified
These Terms and Conditions were last modified on 2021-12-15.