General Information about Femometer
The Femometer app is a stand-alone application software. It’s intended for women to track mentrual cycles and get pregnant easier. You can find more information in our Privacy Policy. The app has of a Premium version (includes all advanced features) and a Free version (includes basic features). Please noted the app is not intended for contraceptive, disease diagnosis or other therapeutic purposes.The Parties to this Agreement
These Terms describe a contractual agreement between you, the user of a Femometer App, and BONGMI LIMITED, regarding your use of the applications offered by us through iPhones and Android phones. Femometer has the right to refuse registration of, or cancel your user account in its discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that Femometer has the right to terminate or limit your account in the event that Femometer determines, in its sole discretion, that you have violated the policies of the Services or any forum used by you, including by activities that adversely affect the experience of other users.You Must Be Eligible to Use Our Services
To be eligible to use the Services, (i) you must be at least 18 years old, (ii) you (or your parent/guardian) must agree to be bound by these Terms. If you do not meet any and all of these criteria, please delete all Femometer Apps from your systems and do NOT use the Services.Femometer Does Not Offer Medical Advice
The contents of the Femometer Apps are provided for your information only. These Contents do not constitute professional medical advice, diagnoses, or treatment, and you should not rely on them as such. Your physician has particular medical knowledge about you and your health and should always be consulted 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.What Femometer is Providing
Subject to your acceptance of these Terms, Femometer grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of the Femometer Apps, 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 specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of Femometer or its licensors.Medical Emergencies
If you think you may have a medical emergency, call your healthcare provider immediately.Your Privacy and the Use of Your Data
We recognize the importance of protecting the privacy of our users, particularly given the nature of that information.Intellectual Property
All content, design, graphics, compilation, magnetic translation, digital conversion and other matters making up the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by BONGMI LIMITED 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 in such information and materials. You may not copy, redistribute or publish any part of the Services unless we expressly permit you to in these Terms.Usage Rules
You agree that your use of and conduct on the Services, shall be lawful and will not:Contests, Sweepstakes, and Promotions
From time to time you may be able to participate in contests, giveaways, sweepstakes or other similar promotions we sponsor. Participation may require sharing your personal information with us or third parties sponsoring the contest, giveaway, sweepstakes or promotion, and you should check the rules to determine how your information will be used and shared with others. Femometer may announce rules in connection with any such opportunity. Any rules announced at the time of a contest will be in addition to the Contest Policies. In addition, as a condition to receiving any awards or prizes, you may be required to provide additional information, to sign a release, or to authorize the use of certain information about you in marketing materials. If a third party administers the contest, your participation may be subject to additional terms and conditions and that third party's privacy policy. We are not responsible for such third parties. You should carefully review the Contest Policies and these third parties' terms and conditions before deciding whether to participate in a contest publicized through the Service.We do not make warranties regarding the services.
Other than as expressly set out in this agreement, Femometer do not make any promises about the services. We disclaim all warranties express or implied and all services are provided "as-is". Femometer makes no commitments about the reliability, availability, or security of the Services or their ability to predict your cycles 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.Potential unavailability
The services may be temporarily unavailable from time to time for maintenance or other reasons. Femometer shall not be liable for any failure of any femometer app. Such failure may result from any cause, including, but not limited to,tthose beyond femometer’s reasonable control, such as mechanical, electronic or communications failure or degradation(including "line-noise" interference). You agree that femometer shall not be liable to you for any loss of materials, content, or any modification, suspension or discontinuance of the services. Femometer is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or applications on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with any Femometer App. Under no circumstances will Femometer 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 any Femometer App.Limitation of Our Liability
Your use of the Services and the content of the Services is at your own risk. Femometer and its partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on any Femometer App. In particular, but without limitation, you are agreeing that Femometer 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 any Femometer 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.Protection of Your Account Information
Each user of the Services is responsible for taking all reasonable steps to ensure that no unauthorized person has access to his or her passwords or accounts.Complete Agreement between You and Us
Except as expressly provided, these Terms constitute the entire agreement between you and Femometer with respect to the use of Femometer Apps. Your use of the Services is also subject to our Privacy Policy.How We Handle Disputes
If a dispute arises between you and Femometer, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact us to resolve your problem directly with us. You may contact us regarding any complaints or disputes at the Contact Us portion of the Website.How You Can Contact US
If you have questions or concerns, you should contact us at help@femometer.comIndemnification
You agree to indemnify and hold Femometer (and any employee, officer, director or affiliate of Femometer, each a 'Company Person') harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of 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 of any person or entity, or for any content posted through the Services by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Femometer or any Company Person. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise 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.Term and Termination
Unless terminated by Femometer, these Terms will remain in full force and effect while you use 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 all Femometer Apps from any mobile device on which you have installed any element of the Services and ceasing to use the Services. Femometer may terminate these Terms with respect to you at any time, particularly if you violate any provision of these Terms. Any termination of these Terms shall also terminate the licenses granted hereunder. Upon termination of these Terms for any reason, you shall destroy and remove from all computers, and other storage media all copies of the any intellectual property owned by Femometer. Femometer shall have the right to inspect and audit your facilities to confirm the foregoing. 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.Subscription fee and subscription period
Subscription payments for Femometer Prime are made periodically, accordingly to the package you selected when you signed up: monthly(every one month),quarterly(every three months),or yearly(once a year). At the end of your subscription period, your subscription will be automatically renewed. If you do not wish to continue your subscription, you may terminate your Prime subscription before the last day of your current subscription period end. After cancelling, you will continue to have access to the prime services throughout your pre-paid subscription period. We do not provide refunds, right to return for a purchased subscription, credits for any partially used subscription or unused user account, or by reason of your dissatisfaction with the services.