Terms for Use
- You use the Services and the Products at your sole risk.
- In order to use the Services and the Products you need to understand English or one of the supported languages
- The Services and Products are compliant with the applicable regulatory requirements to serve their intended use.
- You understand and agree that the Services are web-applications that enable Lady Technologies to record and visualize personally performed measurements or observations relevant to fertility and pelvic floor strength. The Services are intended to monitor your fertility which may be used to support decisions on family planning. The Services does not through any directly action perform contraception or conception, but rather informs you about how to act. The Services does also not directly protect you from Sexually Transferred Diseases (“STDs”) or infections.
- You understand and agree to that Lady Technologies in no way guarantees the accuracy of the Products’ measurement outputs.
- You understand and agree to that your use of the Services and Products shall not be a substitute to regular necessary medical consultations by a physician or other qualified healthcare professional.
- These Terms and any separate agreements (“Separate Agreements”) whereby we provide you the Services, Sites, Products shall be governed by and construed in accordance with the laws of California (USA), without regard to choice or conflicts of law principles. You and Lady Technologies agree to the jurisdiction of the courts of California, USA to resolve any dispute, claim, or controversy that arises in connection with these Terms or any Separate Agreements (including any non-contractual disputes and claims arising out of or in connection with them).
ACCEPTANCE OF THE TERMS
- By registering with the Services, you acknowledge that you have read, understood and agree to be bound by these Terms. You agree that these terms were made available to you on the Sites. If you should at any time not agree to these Terms you shall promptly terminate your use of the Services.
- By registering with the Services application, you acknowledge that you have read and understood the Instructions for Use, which are available to read and download here. You also agree to comply with the described instructions, age recommendations, indications, contraindications and precautions prior to using the Services.
- By visiting the Sites or completing a purchase, you acknowledge that you have read, understood and agree to be bound by these Terms. You agree that these terms were made available to you on Lady Technologies website. If you should at any time not agree to these Terms you shall promptly terminate your use of the Sites.
- You represent and warrant that you are at least of the age of majority (i.e. legal adulthood) in the jurisdiction where you are located or of such other age (if applicable) that you are fully able, competent and authorized to enter into and be bound by these Terms, or, alternatively, that you have the approval of a parent or legal guardian to be bound by these Terms, and that such approval is sufficient to be bound by these Terms in the jurisdiction where you are located.
- To clarify, the Instructions for use (available here) defines that you need to be at least 21 years old to use the Services, as we have only proven the clinical efficacy for women older than 21years.
- If you are not able, competent and authorized to be bound by these Terms you may not use the Products or the Services.
- You may not use the Products, the Services or the Sites for any commercial purposes without the express written consent of Lady Technologies.
MODIFICATION OF THE TERMS
- Lady Technologies reserves the right to modify these Terms at any time, and, to the extent permitted by law, such modifications shall be effective immediatly. Accordingly, you agree to review these Terms periodically and your continued access or use of the Services, Sites shall be deemed your acceptance of the modified Terms. If you do not agree to the changes after such notification you must not continue to use the Services, the Sites. If you do continue to use the Services, the Sites, you will be bound by the modified Terms.
- We may offer new Services and/or features and Products through the Sites. These shall also be subject to these Terms of Service.
- Interpretation of Information
- All information provided to the User through the Services is provided for informational purposes only and shall in no way be interpreted as medical practice or medical advice. Such information shall under no circumstances replace a consultation with a licensed physician or any other qualified healthcare professional when required. Always consult a physician for medical advice and for answers to your medical questions. You agree that Lady Technologies will incur no legal liabilities towards you or anyone else by reason of your use of the Products or Services.
- You understand that the accuracy of the information provided by the Services may depend on Individual circumstances which cannot be known or foreseen by Lady Technologies, and that such information may not be applicable and/or may have become outdated as result of recent developments. Reasonable efforts are made by Lady Technologies to ensure the accuracy of such information, data and calculations. However, you are responsible for recording accurate measurements, interpreting and using the information, data and calculations at your own sole risk. Lady Technologies thus accepts no responsibility for reliance on this information, data or calculations.
- While efforts are made to ensure that information on the Sites and Products is accurate and up to date, we are not responsible if such information is not accurate, complete or current. Information on the Sites or products may contain certain historical information that is not up to date and is provided for your reference only. The material is provided for general use only and should not be relied upon or used as the sole basis for making decisions without consulting your physician. Any reliance on the material is made at your own risk. We reserve the right to modify the contents at any time. You agree that it is your responsibility to monitor changes. We reserve the right to cancel orders if any information in the Service, Sites is inaccurate at any time, without prior notice (including after you have submitted your order).
- We have made every effort to accurately display the colors and images of the Products. We cannot guarantee that your computer or phone screen will display the colors accurately. We do not warrant that the quality of any Products purchased or obtained by you will meet your expectations.
- User Account
- Your User account from which you access the Services (the “User Account”) is personal and cannot be shared. You must keep your User Account password secret. Information stored in your User Account is confidential.
- For optimal performance of the Services algorithm, you are required to provide accurate information to your User Account and keep your information up to date.
- You agree to provide current, complete and accurate purchase information and User Account information for all purchases, so that we can complete your transactions and contact you as needed.
- Prohibited Use
- You agree not to solicit others to use Services or the Sites for any purpose that is unlawful or prohibited by these Terms or by any applicable international, federal, provincial or state regulations, rules, laws, or local ordinances.
- You agree not to duplicate, reproduce, copy, sell, resell, trade, distribute or exploit any products of Lady Technologies.
- You agree not to circumvent, disable, damage or interfere with or get unauthorized access to any security-related features on the Sites or within the Services, including, but not limited to, using robots, spiders, crawl, scrape or other automatic means for accessing the Sites or the Services.
- You agree not to intentionally interfere with, disable, remove or damage the operation of the Sites or the Services, including but not limited to uploading or otherwise disseminating worms, viruses, spyware or other harmful or malicious code.
- You agree not to attempt to identify other Users of the Sites or Services through phishing, pharming or pretext attempts or methods.
- You agree not to make advertisements, offers, proposals or to send junk mail or spam to other Users of the Sites or the Services.
- For Users of the Sites or the Services, you agree not to misrepresent your identity, access any other User Account or provide false or misleading information about yourself or any other User.
INTELLECTUAL PROPERTY RIGHTS
- The Sites and the Services are owned and operated by Lady Technologies. All content, design, graphics, compilation, magnetic translation, digital conversion and other matters making up the Sites and the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Lady Technologies 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 Sites and 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 Sites or the Services unless Lady Technologies has given you express written consent.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- If, at our request, you send certain submissions (for example, contest entries) or you send unsolicited creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, as blog post comments, as social media comments or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content and comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You agree that your comments will not violate any right of Lady Technologies or any third-party, including copyright, trademark, privacy or other personal or intellectual proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SUBSCRIPTION FEE AND SUBSCRIPTION PERIOD
- Payments for the use of the Services (“Subscription Fees”) are made periodically in advance. Each payment covers a subscription period (“Subscription Period”) during which the User may access the Services. A Subscription Period can be one month, three months or one year as offered by the Services.
- Subscription Fees must be paid using a lawfully issued credit or debit card for which you have authorization to make a charge. Lady Technologies reserves the right to block access to your User Account until a valid credit or debit card has been provided to cover all charges incurred by you. You are solely responsible for any late payment charges or other charges incurred by you as a result of your use of a credit or debit card to pay a subscription fee.
- At the end of each Subscription Period, your subscription will be automatically renewed with one month, three months or one year each time (depending on if your current Subscription Period is of one month, three months or one year respectively). To avoid your subscription period being automatically renewed you may terminate your subscription at your User Account before the last day of your current Subscription Period. The termination will take effect from the last day of your current Subscription Period.
- In certain cases, such as discounts or promotions, the Subscription fee may include a basal thermometer or other relevant physical goods. The goods are considered as marketing gifts and do not contribute to the purchase price. Lady Technologies has no obligation to replace, or in any other way compensate you for, faulty marketing gifts or marketing gifts that have not arrived. Lady Technologies offers no right to return such marketing gifts, as you have paid for the subscription and not the marketing gifts.
- Lady Technologies reserves the right to change the price for a Subscription Period at any time. Price changes for a Subscription Period will take effect at the start of the next Subscription Period following the date of the price change and will be communicated to Users affected by the change before such date. By continuing to use the Services after the price change takes effect you accept the new price. The prices for the Products are subject to change without notice.
- You may cancel your subscription of the Services at any time, and you will continue to have access to the Services throughout your prepaid Subscription Period. We do not provide refunds, right to return a purchased subscription or credits for any partially used subscription or unused User Account or by reason of your dissatisfaction with the Services. As the subscription gives You access to the Services (which is a digital service that is not provided on a physical medium) instantaneously after the purchase, Lady Technologies does not offer a right of return (such as refunding the subscription fee). To cancel Your Subscription, go to the profile settings when logged in on your User Account and follow the instructions for cancellation.
RETURN OF PHYSICAL PRODUCTS
- Please note that kegg is a personal care product and cannot be returned unless defective. All defective items must be returned within one year of receipt. If the product is found to be faulty, we will replace the product free of charge, or offer a refund.
- For Items that are defective and for which you complete a formal customer complaint.
- To return an Item or a Defect Item, ship the Item including the receipt or proof of purchase to the following address: Lady Technologies INC, 31 Linda street, 94110, California, USA.
- Shipping costs for returning an Item is non-refundable, unless you are returning Defect Items which are refundable to a reasonable amount. Defect Items can be requested to be replaced by a comparable Product. Depending on where you live, the time it may take for your exchanged product to reach you may vary. Some Products are limited in quantity and might therefore impossible to replace.
- In the case of a refund, you are responsible for the product until it has been returned and we do not guarantee that your returned Item will be refunded until it is successfully returned to us. Do not send the Items back to the manufacturer.
- We reserve the right to refuse to issue a refund or only issue a partial refund on returned Items (e.g., when a returned Item does not fulfill the return terms as set out above or when we are not able to review an Item because it has not been returned to us successfully or in an acceptable state).
- Once your return is received and inspected, we will (if applicable) send you an email to notify you that we have received your returned Item and notify you of the status of your refund (approval or rejection). If approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment within a certain amount of days. If rejected, we will provide information on why that is the case.
- If the Item when purchased and shipped directly to you was marked as a gift, you can (when returning the Item) request to receive a gift credit for the value of your return. Once the returned Item is received by us, a gift certificate will be mailed to you. If the Item wasn’t marked as a gift when purchased, or the gift giver had the Products shipped to themselves to give to you later, we will send a refund only to the original purchaser.
CHANGES TO THE SITES OR SERVICES
- Lady Technologies reserves the right to make improvements or changes to the Sites, the Services and the Products without notice. Lady Technologies also reserves the right to temporarily take down or permanently terminate the products, the Sites and the Services at any time without notice and without being liable to you or any third party. Lady Technologies will however make reasonable effort to notify the Users before terminating any of the Sites or Services.
- To the maximum extent permitted by applicable law, Lady Technologies and its affiliates, partners, directors, officers, contractors, licensors, agents, interns, suppliers, service providers and employees (“Lady Technologies and its associates” hereinafter) (a) disclaim all warranties, either express or implied including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement (b) shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products, or for any other claim related in any way to your use of the Services or any Products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or Products, transmitted, or otherwise made available via the Service, even if advised of their possibility. The Service and Products delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- In no event shall Lady Technologies and its associates be liable an amount that exceed the total amount of your payments to Lady Technologies over the past twelve (12) months, calculated from the event giving rise to the liability.
- The Services and Sites are provided to the User as a service. The User and Lady Technologies may terminate the subscription at any time, with or without cause. You understand and agree that the cancellation of your User Account is your sole right and remedy with respect to any dispute with Lady Technologies. If you or Lady Technologies terminate your membership, or if Lady Technologies suspends your access to the Services, you agree that Lady Technologies shall have no liability or responsibility towards you and no obligation to refund any amounts you already paid for toward your subscription of the Services. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- A termination of your subscription of the Services will be effective from the day after the last day of your current Subscription Period, unless your subscription is terminated by Lady Technologies by reason of your breach of any provision in these Terms, in which case the termination will be effective immediately.
- We reserve our right to cancel an order if you breach or violate any of the Terms related to the Sites, Services or Products. We reserve the right to limit the sales or quantities of Products to any person (on case-by-case basis) or geographic region or jurisdiction. These restrictions may include orders placed by or under the same User Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- If any provision of these Terms should be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form a part of these Terms. The enforceability of the remainder of these Terms shall not be affected, provided that the remaining provisions of these Terms shall be reasonably adjusted to redress any imbalance caused by such unenforceability.
- Entire agreement
- The failure of Lady Technologies to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- These Terms contains the entire agreement between the User and Lady Technologies and supersedes any previous written or oral agreement between the parties in relation to the subject matters dealt within these Terms.
- The heading references herein are for convenience purposes only and does not constitute a part of these Terms. The heading references shall not be deemed to limit or affect any provision of these Terms.
- We welcome your feedback regarding our Sites, Products and Services. If you have any questions or suggestions regarding our Terms, please contact us at firstname.lastname@example.org.
Last Updated: 05/11/2018