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June 11, 2020
It is important to understand that the information provided by us does not replace the need for regular consultation with your doctor.
These Terms are an agreement between you and Lady Technologies, Inc. When the Terms mention “Lady Technologies,” “we,” “us,” or “our,” they refer to the party to your agreement that provides you with the Lady Technologies Service.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS ARE A BINDING CONTRACT FOR THE USE OF LADY TECHNOLOGIES SERVICES. By accessing or using Lady Technologies Services, you are accepting these Terms. If you do not agree to be bound by all of the provisions of these terms, do not access or use the Lady Technologies Services.
You must accept these Terms to create a Lady Technologies account (a “User Account”) and to access or use the Lady Technologies Service. If you do not have an account, you accept these Terms by using any part of the Lady Technologies Service. If you do not accept these terms, do not create an account or use the Lady Technologies Service.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 16). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 16, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
These Terms governs your use of the Lady Technologies Service, including all websites and applications owned and/or managed by us (the “Sites”), all content, data and information provided on or through the Sites or services offered by Lady Technologies, Inc. (the “Content”) and your use of your User Account as well as any kegg device ( “kegg”).
The Services and Products are compliant with the applicable regulatory requirements to serve their intended use. Lady Technologies operates a Quality Management System that complies with requirements for Current Good Manufacturing Practices (CGMP) specified in FDA 21 CFR part 820.
You understand and agree that the Services are applications that enable Lady Technologies to record personally performed measurements or observations relevant to fertility (electrolyte levels in cervical fluid, presence of menstruation, pregnancy or ovulation test results, intercourse and comments) and to summarize and present those measurements or observations as well as other information to you.
The Services are intended to monitor your fertility which may be used to support decisions on family planning. The Services do not through any direct action perform conception or contraception, but rather informs you about how to act.
The Services do not protect you from Sexually Transferred Diseases (“STDs”) or infections.
You understand and agree that Lady Technologies does not guarantee the accuracy of the Products’ measurement outputs.
You understand and agree 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.
Full use of the Lady Technologies Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Lady Technologies Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges.
2. Creating an Account
Full use of the Lady Technologies Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. Lady Technologies is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact us at firstname.lastname@example.org if you discover or suspect any security breach related to the Lady Technologies Service or your account.
3. Eligibility to use the Lady Technologies Services
To access and use the Lady Technologies Services, you must be at least twenty-one (21) years of age, and any person under twenty-one (21) years of age are not eligible to use our Services. We will not knowingly collect information from Site users under the age of twenty-one (21) years of age. If you are under the age of twenty-one (21), please do not attempt to use the Site, app, or any of our Services or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under twenty-one (21), we will delete that information as quickly as possible. You represent and warrant that you are at least twenty-one( 21) years of age and that you are fully able, competent and authorized to enter into and be bound by these Terms.
4. Your use of the Lady Technologies Services
The Lady Technologies Service is intended for your personal, noncommercial use.
Subject to these Terms, Lady Technologies grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Lady Technologies Service, (2) access and view the Lady Technologies Content, (3) access and use the software and mobile applications provided by the Lady Technologies Service, and (4) use the software that is embedded into Lady Technologies devices as authorized in these Terms. With respect to items (3) and (4), this license includes any third-party software embedded in any Lady Technologies Service. This license is provided solely for your personal, noncommercial use and enjoyment of the Lady Technologies Service as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Lady Technologies Content, Lady Technologies Service or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Lady Technologies or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Lady Technologies Service: (1) use, display, mirror, or frame the Lady Technologies Service or any individual element within the Lady Technologies Service, including the layout and design of any page, without Lady Technologies’ express written consent; (2) use Lady Technologies’ name, any Lady Technologies trademark or logo, or any Lady Technologies proprietary information without Lady Technologies’ express written consent; (3) access or tamper with non-public areas of the Lady Technologies Service, Lady Technologies’ computer systems, or the technical delivery systems of Lady Technologies’ providers; (4) test the vulnerability of any Lady Technologies system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Lady Technologies or any of Lady Technologies’ providers or any other third party (including another user) to protect the Lady Technologies Service; (6) access the Lady Technologies Service or Lady Technologies Content through the use of any mechanism other than through the use of the Lady Technologies Service; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Lady Technologies provides to you or any other part of the Lady Technologies Service.
5. Our services
5.1 Interpreting the Information provided to you
At Lady Technologies, we are passionate about empowering you with knowledge. However, it is important to note that the information provided by us should never be considered medical advice, and you should never rely on information from us instead of seeing your doctor.
All information provided to you through the Services and Products is provided for informational purposes only and shall in no way be interpreted as medical advice. Such information is not medical advice and may not replace a consultation with a licensed physician or any other qualified healthcare professional. Always consult a physician for medical advice and for answers to your medical questions.
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. Lady Technologies makes reasonable efforts 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 interpretation of data.
While we attempt to ensure that information on the Sites, Webshop 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, Webshop 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 medical decisions without consulting your physician. Any reliance on the material is made at your own risk.
5.2 Your user account
Your User Account should only be accessed by you and it is important to keep your password secret. You must ensure that the information you input is accurate and kept up to date for the app to provide you with the most accurate information in return.
5.3 Prohibited use
By using Lady Technologies’ Products you agree not to use our app, websites or Webshop for any purpose that is illegal, or not in line with the Terms. That includes copying or reselling any information, trying to gain unauthorized access to the websites, interfering with the operation of the websites or trying to access the identity of other users. You also agree not to attempt to place advertisements or offers, or send spam to other users. You must not encourage anyone else to act in this way.
By using Lady Technologies’ Products, you agree not to access any other User Account or provide false information about yourself.
You agree not to solicit others to use the Webshop, 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 proportion of the Webshop, Sites or the Services or any material or information obtained through the Sites or the Services.
You agree not to circumvent, disable, damage or interfere with or get unauthorized access to any security-related features on the Webshop, 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 Webshop, 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 Webshop, 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 Webshop, the Sites or the Services.
For Users of the Webshop, 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.
7. 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 Webshop, 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.
8. 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 shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Lady Technologies or its partners. It is your responsibility to review those terms and conditions carefully.
9. Warranty & Returns
kegg has one (1) year warranty against defective product, 30 days return policy and 100 day money back guarantee. Please read below to understand more about our Terms for returns and refunds. Our return and warranty is only valid to the original purchaser.
Lady Technologies warrants kegg for a period of one (1) year, from the date of original purchase, against defects due to faulty workmanship or materials.
Our return policy for Products that are purchased through the Webshop lasts for 30 days. If more than 30 days have gone by since you have received your purchased product, we cannot offer you a refund or an exchange. kegg is an intimate product, so the package must still be sealed and the kegg unused for it to be returnable.
To be eligible for a return, the “Item” ( a Product purchased from our Webshop that you wish to return for a refund) must be shipped to us in the unused condition in which you received it in with the original intact packaging.
For Items that are defective and for which you complete a formal customer complaint (“Defect Items”), the complaint is eligible for a refund even if it does not fulfill the requirements of paragraph 9.2 above.
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.
San Francisco, CA 94103
Shipping costs for returning an Item is non-refundable, unless you are returning Defect Items which are refundable to a reasonable amount. You may request Defect Items 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 be impossible to replace.
9.7In 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.
A refund can be made under the kegg 100 Day Money-Back Guarantee. This guarantee is applicable for all customers who have been using kegg for at least 3 full cycles in a row and for at least 11 consecutive days per cycle which include cycle days 10 to 21.
10. Third-Party Services
11. Changes to the sites, services or Webshop
Lady Technologies may change or discontinue, temporarily or permanently, any feature, component, or content of the Lady Technologies Service at any time without notice. Lady Technologies is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Lady Technologies Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Products without prior notice to you.
Lady Technologies provides the Lady Technologies Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Lady Technologies Service at your own risk. Other than as expressly provided in writing by Lady Technologies in connection with your purchase of a Lady Technologies product, to the extent permitted by law, Lady Technologies expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Lady Technologies makes no representations or warranties:
TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE LADY TECHNOLOGIES SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
13. Limitation of Liability
NEITHER LADY TECHNOLOGIES, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LADY TECHNOLOGIES SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LADY TECHNOLOGIES SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LADY TECHNOLOGIES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL LADY TECHNOLOGIES’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LADY TECHNOLOGIES SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO LADY TECHNOLOGIES FOR USE OF THE LADY TECHNOLOGIES SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LADY TECHNOLOGIES, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LADY TECHNOLOGIES AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify and hold harmless Lady Technologies or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Lady Technologies Service, (ii) your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
15. Cancellation and Limitation of Orders
We reserve the right to cancel an order for any reason, including but not limited to if you breach or violate any of the Terms related to the Webshop, Sites, Services or Products.
We reserve the right to limit the sales or quantities of Products to any person (on a 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.
16. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Lady Technologies arising out of or relating to these Terms, the Lady Technologies Service, the Products, the Webshop or any other Lady Technologies products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Lady Technologies, you agree to try to resolve the Dispute informally by contacting email@example.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Lady Technologies may bring a formal proceeding.
Mutual Agreement To Arbitrate: You and Lady Technologies agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Lady Technologies will pay all arbitration fees for claims less than $75,000. Lady Technologies will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or Lady Technologies may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Lady Technologies products or Lady Technologies Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Lady Technologies on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Lady Technologies agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Lady Technologies consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Lady Technologies products or Lady Technologies Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
17.1 Entire agreement
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Lady Technologies and you regarding the Lady Technologies Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lady Technologies and you regarding the Lady Technologies Service and Lady Technologies Content.
17.2 Amendment of Terms
We may update these Terms at any time, in our sole discretion. We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Lady Technology Service. When you use the Lady Technology Service after a modification becomes effective, you are telling us that you accept the modified Terms. If you do not agree to be bound by the updated Terms, then you may not use the Lady Technology Service anymore.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Lady Technologies’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Lady Technologies may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Lady Technologies under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Lady Technologies Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Lady Technologies’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lady Technologies. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Lady Technologies Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove your Content and other information related to your account. You may close your account at any time by contacting us at email@example.com. Upon any termination of these Terms or suspension, termination, or discontinuation of the Lady Technologies Service or your account, the following provisions of these Terms will survive: Sections 4, 6, 7, 8, 9, 12, 13, 14, 15, 16, and 17.
17.8 Reporting Violations/Questions
We welcome your feedback regarding our Sites, Webshop, Products and Services. If you have any questions, suggestions, or have any suspected violations regarding our Terms, please contact us at firstname.lastname@example.org.