Terms of Use

Please read these Terms of Use ("Terms") carefully and thoroughly, as they constitute a legally binding contract. By accessing or using any part of our services, or by merely creating a user account with us, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services.

PLEASE BE AWARE THAT APP IS NOT A PROVIDER OF MEDICAL ADVICE. PLEASE CONSULT WITH A PROFESSIONAL BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY, OR THE HEALTH OR SAFETY OF YOUR FAMILY OR FETUS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR HEALTHCARE PROVIDER IMMEDIATELY.

We reserve the right to change these Terms from time to time. By continuing to use any of our Services, including the app, any such changes will immediately apply to you. We will notify you of any changes we believe to be material via an in-app notification and/or an email to the address you have provided us. Regardless of whether you receive such notice, any changes will become effective immediately upon being posted to the App. It is up to you to be aware of the most recent terms of this agreement. We recommend that you visit this page periodically for updated terms.

If you do not agree to these Terms, do not use our Services. If you do not agree to any changes made to these Terms, please cease using the App immediately and terminate your account.

The Parties to this Agreement

These Terms are a contractual agreement between you, the user of the App ("you", "your"), and the Developer and its subsidiaries and affiliates (collectively "Developer", "us", "we", "our"), regarding your use of the applications offered by us through smart phones and the internet, our website or any other element of our Service (together with the App being the "Services"). The Developer has the right to cancel or refuse to register your user account for any reason or for no reason, as per our discretion. Without limiting the generality of the foregoing terms, you specifically acknowledge that the Developer has the right to terminate or limit your account with or without cause, with or without notice, effective immediately in the event that the Developer determines, at its sole discretion, that you have violated any part of the policies of the Services.

Service Eligibility

To be eligible to use our Services, you must be at least 18 years old, or you must be at least 12 years old and have the permission of your parent or legal guardian, and you (or your parent/guardian) must agree to be bound by these Terms. If you do not meet any and all of the above criteria, please delete the App from your systems immediately and do NOT use the Services.

Any consideration of pregnancy, woman's health or sexual relationships is considered to be very significant. While the App Services are offered to help you on this journey, they are not a substitute for a mature evaluation of what is right for you. We strongly recommend that you not take any actions or lifestyle choices lightly. Furthermore, if you are less than 18 years old, we recommend that you consult with responsible, professional and familial adults who will help you consider the many aspects of such considerations before you take any action which may, to say the least, be life-altering.

App Does Not Offer Medical Advice

All contents of the App and Services, including, but not limited to: text, graphics, images, advice, recommendations, any information provided by our medical partners, sponsors, links or corporate partners, offers, or any other information which you may obtain in connection with your use of the Services ("Contents"), are provided for your information only. These Contents do not replace professional medical advice, diagnoses, or treatment, and you should not rely on them as such. Your physician has particular medical knowledge about you, your baby and your baby's health and should always be consulted foremost if you have a medical emergency or questions about a medical condition. Your decision to rely on any information you obtain in connection with your use of the Services is at your sole discretion and risk. We are not responsible or liable for any actions taken by those who assume otherwise. Furthermore, we are not responsible or liable in any way for the accuracy or applicability of our information in any way, including in relation to your personal health and well-being, as we cannot directly advise individuals.

In addition, you should be aware that all information included in the App is either personal opinion or research drawn from the third party source listed with that information. While we believe the source of such information is reliable, we take no responsibility for its accuracy or applicability to your situation. It is up to you to review the underlying source (by clicking the hyperlink) before you make any material decisions based on it. Finally, you should be fully aware (before using our Services in any way) that the App cannot and does not promise ANY particular results, including health benefits, conception or delivery, regardless of whether you choose to act on information and/or recommendations contained in the Services. The App cannot and does not promise anymore than an educated guess in the information it provides you about your pregnancy and fetus or baby. Similarly, the App cannot and does not replace natural family planning, and should be used along with other contraceptives if the need applies. The App also does not guarantee, or even assume, a higher chance of, pregnancy or pregnancy prevention, nor does it guarantee that its prediction of your cycles will always be accurate. Our information simply works within the general tendencies of the human body, based on research that also does not guarantee anything to individuals who use our Services. This is further specified below.

Disclaimer of Warranties

No one, including the Developer and any of our affiliates, makes any promises about any and all aspects of the Services. These terms serve as our explicit instruction not to make any otherwise assumption. Specifially, we disclaim all warranties, express, assumed or implied, and all services are provided "as-is". The Developer makes no commitments about the reliability, availability, or security of the Services or their ability to predict your cycles or other information about your body or needs, and related transmission of sensitive data (other than that it will use commercially reasonable efforts to protect your information) as described in our Privacy Policy.

THE SERVICES (INCLUDING MOBILE APPLICATION) IS EXPRESSLY PROVIDED BY THE DEVELOPER ON AN "AS IS" BASIS. DEVELOPER AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DEVELOPER APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON DEVELOPER APP OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DEVELOPER AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DEVELOPER AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON ANY DEVELOPER APP OR THE WEBSITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Please review any applicable laws, state law or otherwise, and know your rights as a user of our Services.

What the App is Providing

Immediately upon your acceptance of these Terms, the Developer grants to you a non-exclusive, non-transferable, revocable limited license for the use of the App, the Services and related software and to display the results of such Services for your personal, non-commercial use. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service, except as expressly allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of Developer or its licensors.

Data Usage and Privacy

We recognize the importance of protecting the privacy of our users, particularly given the nature of that information.

Please be aware that App can and may collect and collate any kind of information regarding the use of the Services by you, and may cause the Service to communicate to App information about its operations even if you are not connected to the internet or a mobile service. The Developer is the sole owner of all such information it collects. Collection and management of such information is governed by our Privacy Policy which is hereby made part of this agreement. Beyond our efforts in good faith to privately and securely store the non-public information uploaded through the Services or collected by the App, we cannot and do not guarantee complete security. We cannot guarantee that third party "hackers" will not try or succeed in accessing our site illegally and obtaining content or information thereon.

Please review our Privacy Policy for details; by agreeing to these Terms you are also agreeing to our Privacy Policy as if all of such policy were repeated here. If you do not want us to use your data as described in our Privacy Policy, please do NOT use the Services at any point.

Intellectual Property

Any and all content, design, graphics, quotes, compilation, magnetic translation, digital conversion, and all other matters making up the Services are protected under applicable copyrights, trademarks and other proprietary rights (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and are owned by Developer or one of its affiliates. Use of the Services does NOT give you ownership of any intellectual property rights in any of the Content, documents or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right or rights in such information and materials. You may not copy, redistribute or publish any part of the Services beyond what we expressly permit in these Terms.

Limitations of Liability and other Limitations

Your use of the Services and the content of the Services is at your own risk. Developer and its partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on App. In particular, but without limitation, you are agreeing that Developer is not liable under any theory of law for any compensatory, indirect, special, incidental, punitive or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, failure to predict your cycles, any information or advice found on our site or in the App, or any aspect of your relationship with a spouse, partner, or other third party, whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Our Services would not be provided without these limitations and if you do not agree to these limitations, please do not use the Services. No advice or information you obtain from us through the Services or in support of the Services shall create any warranty, representation or guarantee not expressly stated in these Terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so certain of the above limitations and exclusions may not apply to you. In the event, that notwithstanding the foregoing, Developer is found to have a liability to you, you agree that its aggregate liability for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to App, with respect to the Developer App in question or One Hundred dollars, if greater. In addition, you specifically agree and acknowledge that Developer is not liable for the content submitted by any other user, or any defamatory, offensive or illegal conduct of a third party.

THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. DEVELOPER SHALL NOT BE LIABLE FOR ANY FAILURE OF THE APP OR THE SERVICES. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND DEVELOPER'S REASONABLE MEANS OR CONTROL, INCLUDING MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING "LINE-NOISE" INTERFERENCE). BY USING OUR SERVICES AT ANY POINT, YOU AGREE THAT DEVELOPER SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES.

Developer is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, equipment, software, failure of email or applications on account of technical problems or traffic at any site or combination thereof, including injury or damage to any computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with Developer App and/or in connection with the Services.

Under no circumstances will the Developer be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone's use of the App, the Services, any content or third party applications, software or content posted on or through any App, the Website or the Services or transmitted to users, or any interactions between users of the Services, be it online or offline.

Developer does not control or endorse ANY content, messages or information provided by users of the Services or external sites that may be linked to or from a App product or its forum and, therefore, Developer specifically disclaims any responsibility with regard thereto. While we reserve the right to remove any information, we cannot and are not responsible for reviewing any information posted by anyone other than the Developer.

The Services may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials. We are not responsible or liable for ANY action taken by advertisers or sponsors, or for your actions in relation to advertisers or sponsors.

Third-Party Rights

If you have downloaded the App from the Apple, Inc. ("Apple") App Store or Google, Inc. ("Google") Google Play Store or if you are using the App on an iOS device or Android device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple and Google.

This Agreement is between you and the Developer only, not with Apple or Google, and Apple or Google are not responsible for the Service or for the content thereof. Apple or Google has no obligation whatsoever to furnish any maintenance and support to the Service. Apple or Google is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: product liability claims; any claim that the Service fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. Apple or Google is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any and all applicable third party terms when using the Service. Apple or Google, and Apple's of Google's subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.

Protection of Your Account Information

You are responsible for taking all reasonable steps to prevent unauthorized access to your passwords or accounts.

Complete Agreement Between You and Us

Except as expressly provided, these Terms constitute the entire agreement between you and Developer with respect to the use of the App and/or the Services. Your use of the Services is equally and jointly subject to our Privacy Policy.

How We Handle Disputes

If a dispute arises between you and Developer, we intend to provide you with a neutral and cost-effective resolution to said dispute in a timely manner. In the event of a dispute, please contact us to resolve your problem directly before taking further action. You may contact us regarding any complaints or disputes at the "Contact Us" section of the App.

Indemnification

By using our Services at any point, you agree to fully and completely indemnify and hold Developer (and any employee, officer, director or affiliate of Developer, each a "Company Person") harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to, or arising from, your access to, or use of, the Services; the violation of these Terms by you; the infringement by you, or any third party using your account; of any intellectual property or other right or rights of any person or entity; or for any content posted via the Services by you (including claims related to defamation, invasion of privacy, or any other rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Developer or any Company Person. You remain solely responsible for all content that you disseminate using, or in connection with, the Services. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.

Terms and Termination

Unless terminated by Developer, these Terms will remain in full force and effect during the entirety of your use of any of the Services. Subject to the last sentence of this Section, you may terminate the agreement reflected in these Terms at any time by deleting the App from every device on which you have installed any element of the Services, and by ceasing to use the Services. You are still solely responsible for your activity prior to termination, should any dispute or issue arise. The Developer may terminate these Terms with respect to you at any time, without notice or reason, particularly if you violate any provision of these Terms. Any termination of these Terms shall also terminate the licenses granted hereunder.

Upon termination of said agreement for any reason, you shall destroy and remove from all computers, and other storage media all data and any copies of the any intellectual property owned by the Developer. The Developer shall have the right to inspect and audit your facilities in order to confirm the foregoing. If you or the Developer terminate the agreement reflected in these Terms, or if the Developer suspends your access to the Services, you agree that the Developer shall have no liability or responsibility to you. Furthermore, the Developer shall not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Your representations, the Indemnity section, the Dispute Resolution section, the Liability Limitation section and any other provision which, by their nature are designed to survive termination, shall survive any termination or expiration of these Terms.

Arbitration Provision

Except where explicitly provided in these Terms, you hereby waive any right to a trial in any court in front of a jury or judge and any right to bring or participate in any "class action" suits. You agree that any dispute or claim relating in any way to your use of App, the Services, a product offered or provided by or through the Services, or otherwise arising out of or relating to these Terms that cannot be resolved directly between you and Developer shall be resolved by non-appearance-based binding arbitration. Except where otherwise provided in these Terms, this includes any claims of contract, statute, tort, fraud, misrepresentation or any other legal theory.

The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration and court review of an arbitration award is limited; however, an arbitrator can award an individual the same damages and relief as a court and must apply and follow these Terms just as a court would.

Either you or we can initiate arbitration through the alternative dispute resolution provider known as the American Arbitration Association (the "AAA") pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"). The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the manner of which shall be chosen by the party initiating the arbitration. The arbitration shall not involve any sort of personal appearance by the parties or witnesses, unless the arbitrator determines that an in-person hearing is necessary (based on the request of one party) and any award judgment rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. Your arbitration fees, as well as your share of arbitrator compensation, shall be governed by the AAA rules and, where appropriate, limited as lined out in the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Developer shall pay all arbitration fees and expenses. You and the Developer each agree that any dispute resolution proceedings shall be conducted solely on an individual basis as opposed to a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and also agree to proceed only on an individual basis as opposed to a class, consolidated, or representative action.

The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms. We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Developer or our partners pending the completion of the arbitration.


Last updated and effective as of December 21, 2016.


If you have any questions you can contact with us by email: support@owhealth.com