Terms of use: Cycle Tracking powered by Natural Cycles

These Terms contain the rules, specifications, and requirements for Your use of Our Website, Products, Services and Webshop. Use of Our Website, Products, Services or Webshop constitutes Your acceptance of these Terms. In addition to the Terms of Service applicable to Webshop, and our Privacy Policy found here, (insert link), acceptance of these Terms constitutes a binding contract between You and Natural Cycles.  Cycle Tracking powered by Natural Cycles is designed to monitor, map and visualize data that You enter into Our Products, which provides information that You can use to make fertility related decisions. It does not dictate or recommend any direct action – rather, it gives You information on how to act in order to track your period and fertility or to plan a pregnancy. It is not intended to be used as birth control (avoiding pregnancy). It is important to understand that information provided by Us does not replace the need for regular consultation with Your doctor.

1.1

These Terms govern Your use of all Sites, all content, data and information provided on or through Our Sites or Services by using a user account (“User Account”) as well as all Products offered by and bought from the “Webshop”).

1.2

You use the Services and the Products at Your sole risk. If You use Our Products or Services for any purpose other than their Intended Use, You assume all risk associated with such use.

1.3

In order to properly use the Services and the Products You need to understand English or one of the supported languages: Korean, Basque, Bulgarian, Catalan, Croatian, Czech, Danish, Dutch, Estonian, Finnish, French, Galician, German, Greek, Hungarian,
Icelandic, Irish, Italian, Korean, Latvian, Lithuanian, Norwegian, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish, Turkish

1.4

The Services and Products are compliant with the applicable regulatory requirements, provided they are used for their Intended Use. NaturalCycles operates a Quality Management System that is certified by a notified body to comply with the requirements of the ISO 13485 standard.

1.5

You understand and agree that the Services are web-applications that enable Cycle Tracking powered by Natural Cycles to record and visualize personally performed measurements or observations relevant to fertility (temperature, presence of menstruation, pregnancy, breastfeeding and additional symptoms and parameters including notes).

The Services are intended to be used for their Intended Use. The Services do not, directly or indirectly, perform contraception or constitute conception. Rather, the Services are intended to inform You about how to act in order to become pregnant or
monitor your period and fertility. Additionally, the Services do not protect You from Sexually Transferred Diseases (“STDs”) or infections.

1.6

You understand and agree that NaturalCycles in no way guarantees the accuracy of the Products’ measurement outputs.

1.7

You understand and agree that Your use of the Services and Products shall not be a substitute to regular consultations by a physician or other qualified healthcare professional.

1.8

You understand and agree that NaturalCycles can use Your anonymized data: (a) to improve the Services or the functionality of the Products; (b) to inform You of new or enhanced Products, Services, Webshop items or Sites offered by NC. For further information see our Privacy Policy by clicking here.

1.9

These Terms and any separate agreements (“Separate Agreements”) whereby we provide You the Services, Sites, Products and Webshop shall be governed by and construed in accordance with the laws of Sweden, without regard to choice or conflict of law principles. You and NaturalCycles agree to the jurisdiction of the courts of Sweden
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).

Please note that by setting up a User Account with us or using our Products, Services, Sites or Webshop, You agree that You have read and agreed to our Terms. In doing so, You also agree to follow any restrictions or other precautions and to only use Our Products, services, Sites or Webshop for their Intended Use.

2.1

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. Your agreement continues in effect for as long as You use the Products, Services, Sites or Webshop.

2.2

By registering for the Services or by using the Products, 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 requirements, indications, contraindications and precautions prior to using the Services, all of which are required to use the Products or Services for their Intended Use.

2.3

By visiting the Sites or completing a purchase in the Webshop, 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 a Site. If You should at any time not agree to these Terms You agree to promptly discontinue Your use of the Sites and the Webshop.

To use our app, You are required to be at least eighteen (18) years of age. The Services, Products, Sites and Webshop are not intended to be used by persons under the age of eighteen. We will not knowingly collect information from Site Users under the age of eighteen (18) years of age. If You are under the age of eighteen (18), You are not authorized to use the Products, Services, Sites and Webshop. If We discover that We have collected personal information from an individual under the age of eighteen (18), We will delete that information immediately and terminate the account. We do not allow any use of our Products, Services, Sites or Webshop for marketing products unless We have agreed in writing in advance.

3.1

You represent and warrant that You are at least eighteen (18) years of age, and that You are fully able, competent and authorized to enter into and be bound by these Terms.

The Products’ and Services’ Intended Use is for women who are 18 years of age or older.

3.2

The Instructions for use (available here) requires any woman using the Products, Services, Sites and Webshop to be at least 18 years old. We have only proven the clinical efficacy for women older than 18 years.

3.3

If You are not able, competent and authorized to be bound by these Terms You may not use the Products or the Services.

3.4

You may not use the Products, the Services or the Sites for any commercial purposes without the express written consent of NaturalCycles.

It is important to check our Terms regularly. We reserve the right to modify and make updates at any time, with, or without, notice. To the extent permitted by law, such modification shall be effective immediately upon posting of the modified Terms on the Sites and Webshop. If You continue to use or access our Products, Services, Sites or Webshop, You agree to Our updated or modified Terms. If at any time You decide that You do not agree with our Terms, You are required to stop using our Products, Services, Sites or Webshop immediately.

4.1

NaturalCycles reserves the right to modify these Terms at any time, and, to the extent permitted by law, such modifications shall be effective immediately upon posting of the modified Terms on the Sites and Webshop. Accordingly, You agree to review these Terms periodically and Your continued access or use of the Products, Services, Sites or Webshop shall be deemed Your acceptance of the modified Terms. If You do not agree to the changes You are required to discontinue use of the Products, Services, Sites or Webshop. If You do continue to use the Services, Products, Sites or the Webshop, You agree to be bound by the modified Terms.

4.2

We may offer new Services and/or features and Products through the Sites and the Webshop. These Services and/or features shall also be subject to these Terms.

5.1 Interpreting the Information provided to You

We are passionate about empowering You with knowledge. However, it is important to note that information provided by Us should never be considered medical advice, and You should never rely on information from Us instead of seeking medical advice from Your doctor. You agree that Your use of Our Products, Services, Sites and Webshop is at Your own risk.

5.1.1

All information provided to the User through the Services is provided for informational purposes only, and shall in no way be interpreted as 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 NaturalCycles will incur no legal liability to You or anyone else as a result of Your use of
the Products, Services, Sites and Webshop.

5.1.2

You understand that the accuracy of the information provided by the Services may depend on individual circumstances which cannot be known or foreseen by NaturalCycles, and that such information may not be applicable and/or may have become outdated as result of recent developments. NaturalCycles makes reasonable efforts to ensure the accuracy of such information, data and calculations. However, You are responsible for recording accurate information, interpreting and using the information, data and calculations at Your own sole risk. NaturalCycles thus accepts no responsibility for Your reliance on this information, data or calculations.

5.1.3

While efforts are made 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 or 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. We reserve the right to modify the contents at any time. You agree that it is Your responsibility to monitor for changes. We reserve the right to cancel orders if any information in the Service, Sites or Webshop is inaccurate at any time, without prior notice (including after You have submitted Your order on the Webshop).

5.1.4

We have made every effort to accurately display the colors and images of the Products that appear in the Webshop; however, We cannot guarantee that Your computer or phone screen will display the colors accurately. We do not warrant the quality of any Products purchased or obtained by You.

5.2 Your user account

Your User Account should only be accessed by You. It is important to keep Your password secret. You are responsible for ensuring that the information You input is accurate and kept up to date for the Products or Services to provide You with the most accurate information in return. You should also ensure that You keep any purchase information, such as credit card details, up to date so We can complete any transactions You make.

5.2.1

Your user account from which You access the Services is personal and shall not be shared. You must keep Your User Account password secret.

5.2.2

The Services are powered by Our proprietary algorithm. 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.

5.2.3

You agree to provide current, complete and accurate purchase information and User Account information for all purchases made in Webshop, so that We can complete Your transactions and contact You as needed.

5.3 Prohibited use

By using Cycle Tracking powered by Natural Cycles You agree not to use our Services, Products, Sites or Webshop for any purpose that is illegal, or not in compliance with these 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, or to allow or facilitate any third party to do so. By using Cycle Tracking powered by Natural Cycles, You agree not to access any other User Account, or to provide false information about Yourself.

5.3.1

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.

5.3.2

You agree not to duplicate, reproduce, copy, sell, resell, trade, distribute or exploit any proportion of the Webshop, Sites, Products or Services or any material or information obtained through the Sites or the Services.

5.3.3

You agree not to circumvent, disable, damage, interfere with, obtain or attempt to obtain 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.

5.3.4

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.

5.3.5

You agree not to attempt to identify other Users of the Webshop, Sites or Services through phishing, pharming or pretext attempts or methods.

5.3.6

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.

5.3.7

If You are a User 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.

We care deeply about the confidentiality and integrity of the information that is shared with Us. Our Privacy Policy sets out how We collect and process data about You. The security of Your information, and particularly the Sensitive Personal Data We collect, is of utmost importance to Us. Click on the link below to understand how We collect and process Your data.

6.1

Natural Cycles’ Privacy Policy explains what Personal Identifiable Information we collect about You when You use the Services, the Webshop and the Sites. You can view our Privacy Policy by clicking here. The Privacy Policy is considered to be a part of Our Terms. By agreeing to these Terms, You agree to Our Privacy Policy.

The Products, Services, Site and Webshop are owned and operated by NaturalCycles. We own all associated intellectual property, copyright and trademarks, and users cannot copy or redistribute any material  relating to the Products, Services, Site and Webshop without our written permission.

7.1

The Products, Services, Site and Webshop are owned and operated by NaturalCycles. All content, design, graphics, compilation, magnetic translation, digital conversion and other matters making up the Webshop, Products, 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 NaturalCycles. 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 NaturalCycles has given You express written consent.

It’s important to understand that any submissions You make to Us, either at Our request (e.g., contest entries) or voluntarily by You (e.g., feedback or suggestions for improvement), may be used or published by Us. Please note that we are not obliged to make any payment in return for input from You, or to respond to You if You provide this input to us. By using Cycle Tracking powered by Natural Cycles You agree to not make comments that could be libelous or considered offensive, and You also agree to not misrepresent Yourself, mislead NaturalCycles or other users. You agree that You are responsible for the accuracy and truthfulness of any comments that You make. We will monitor comments and remove any that We believe, in our sole judgment, to be offensive or objectionable.

8.1

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.

8.2

We may, but have no obligation to, monitor, edit or remove content and Comments that We determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

8.3

You agree that Your Comments will not violate any right of NaturalCycles 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.

Products purchased through the Webshop can be returned within fourteen (14) days of the date of your receipt. Please read below to understand more about our Terms for returns and refunds.

9.1

Non-digital items that are purchased through the Webshop (“Webshop Items”) may be returned within fourteen (14) days of the date of your receipt are eligible for a refund if the return meets the conditions below (“Refund Item”). After the 14-days return period has expired, we cannot offer You a refund or an exchange.

9.2

To be eligible for a return, a Refund Item must be shipped to Us in the unused condition in which You received it, in the original intact packaging. Several types of goods cannot be returned for a refund. These include perishable goods or goods that are not returnable for health or hygiene reasons (such as ovulation and pregnancy tests), intimate and sanitary goods, as well as downloadable software products.

9.3

Items purchased on Webshop that are defective, and for which You complete a formal customer complaint (“Defect Items”), are eligible for a refund even if it does not fulfill the requirements of paragraph 10.2 above.

9.4

To return an Webshop Item or a Defect Item, ship the Item, including the receipt or proof of purchase, to the following address: NaturalCycles Nordic AB, Sankt Eriksgatan 63 B, 112 34, Stockholm, Sweden.

9.5

Shipping costs for Refund Items are non-refundable. We will, however, refund shipping costs associated with Defect Items. For Defect Items, please reach out to NaturalCycles support support@naturalcycles.com to receive a prepaid label. Any
Defect Items returned to Us will be replaced by a comparable Webshop Item of Our choosing. If replacement with a comparable product is not feasible, a refund in the amount of the original purchase price will be credited to the original payment method. Depending on where You live, the time it may take for Your exchanged product to reach You may vary.

9.6

When returning a Refund Item, You are responsible for the condition of the Refund Item until it has been received by us. We do not guarantee that Your refund will be processed until the Refund Item is successfully received by Us in the condition in which it was sent (i.e., undamaged and in original packaging). Refunds will not be issued for
either Return Items or Defect Items that are sent to the manufacturer. These Items must be returned to Us.

9.7

We reserve the right to refuse to issue a refund or only issue a partial refund on returned Products (e.g. when a returned Product does not fulfill the return terms as set out above or when We are not able to review a Product because it has not been returned to us successfully or in an acceptable state).

9.8

Once Your Return Item is scanned into transit, Your refund will be processed and will automatically be applied to Your original method of payment within 3-5 working days.

Once We receive the Returned Item, We will inspect it and, should We determine it is not in returnable condition, We will contact you and let you know We will charge You for the item again.

9.9

If a Returned Item was a gift (i.e., purchased by the gift giver and shipped to you directly, or shipped to the gift giver and personally given to you) refunds will be made to the original payment method used. We do not offer gift certificates or credits.

We may decide to make changes to our Products, Services, Sites or Webshop at any time and for any reason whatsoever. We also reserve the right to temporarily or permanently take down our Services, Sites or Webshop at any time.

10.1

NaturalCycles reserves the right to make improvements or changes to the Webshop, the Sites, the Services and the Products without notice. NaturalCycles also reserves the right to temporarily take down or permanently terminate the Webshop, the Products, the
Sites and the Services at any time without notice and without being liable to You or any third party. NaturalCycles will however make reasonable effort to notify the Users before terminating any of the Sites or Services.

Pre-Orders

In certain circumstances, NaturalCycles allows its customers to make a pre-order for a product before its availability.

10.2

When placing a pre-order for products on Our Sites, You will be required to provide certain information, such as Your address and other billing information. You represent and warrant that all such information is accurate, and You shall ensure that such information is kept current. NaturalCycles shall have no responsibility or liability for
inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update Your information at any time prior to your order being processed by sending an e-mail to info@naturalcycles.com.

10.3

You will be charged the full price of the product at the time of placing the pre-order. If We are unable to commence shipping of a pre-order product on or before the one-year anniversary of You placing the pre-order for that product, We will process a full refund to You using the same payment method that You used for Your payment.

10.4

We will do our best to ship pre-ordered products in accordance with their expected ship date, but You understand and agree that there may be delays. An estimated time of delivery is only an estimate, is subject to change, and NaturalCycles does not represent or warrant that it will be able to ship the products by the estimated date. As a result, in the event that a delay arises and the estimated shipment is not met, NaturalCycles is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds, or credits due to any such delays.

10.5

We reserve the right to cancel the pre-order at any time. Should We choose to do so, We will contact You according to the details You have provided when placing the pre-order. If We cancel Your pre-order, You will receive a full refund of the purchase price without interest.

10.6

We will provide You updates with respect to such delivery schedule. If for any reason You decide that You do not wish to continue to wait for Your pre-ordered product, You may cancel Your order prior to it being processed by sending an e-mail to info@naturalcycles.com.

Please read below to understand more about our disclaimers.

11.1

To the maximum extent permitted by applicable law, NaturalCycles and its affiliates, partners, directors, officers, contractors, licensors, agents, interns, suppliers, service providers and employees (“NaturalCycles 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 Sites, Service, or Products, whether procured using the Webshop
or otherwise, or for any other claim related in any way to Your use of the Services, Products, Sites or Webshop 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 Services, Products, Sites or Webshop, 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.

11.2

In no event shall NaturalCycles and its associates be liable an amount that exceed the total amount of Your payments to NaturalCycles over the past twelve (12) months, calculated from the event giving rise to the liability.

Please note that Your User Account can be cancelled by You or Us at any time. If Your User Account is terminated, You agree that NaturalCycles shall have no obligations or liabilities towards You. We also reserve the right to cancel or limit orders from our Webshop in certain circumstances.

12.1

The Services and Sites are provided to the User as a service. The User and NaturalCycles 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 NaturalCycles. If You or NaturalCycles terminate Your membership, or if NaturalCycles suspends Your access to the Services, You agree that NaturalCycles 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.

12.2

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 NaturalCycles due to Your breach of any provision in these Terms, in which case the termination will be effective immediately.

12.3

We reserve our right to cancel an order 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 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.

This Arbitration Agreement applies only to users in the United States.

13.1 Arbitration

13.1.1

Any controversy or claim between You and Us arising out of or relating in any way to your access or use of Services, Products, Sites or Webshop will be resolved using binding arbitration conducted pursuant to the Commercial Arbitration Rules promulgated by the American Arbitration Association. Arbitration proceedings will take place in the federal judicial district in the Eastern District of New York. Arbitration awards, if any, may be enforced by any court with jurisdiction.

13.1.2

The arbitrator may not combine individual proceedings into a class or consolidated action without the express consent of all parties.

13.1.3

The arbitrator is not authorized to award punitive or other damages.

13.1.4

No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by an applicable statute of limitations.

13.1.5

Each party shall bear its own costs, fees and expenses of arbitration.

13.2 Class Action Waiver

Please note that You and NaturalCycles may only bring a claim against each other in Your or Our individual capacity, and not as a member in any class action.

BOTH YOU AND NATURALCYCLES SPECIFICALLY WAIVE THE RIGHT TO ARBITRATE OR, IF EVER APPLICABLE, TO LITIGATE IN A COURT, ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL OR RELATOR

If any one part of these Terms cannot be enforced or is found to be illegal, this will not affect the remaining Terms. These Terms are still valid, even if we do not enforce any particular part of this agreement.

14.1 Invalidity

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.

14.2 Entire agreement

14.2.1

The failure of NaturalCycles to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.2.2

These Terms represent the entire agreement between the User and NaturalCycles Nordic AB and supersede any previous written or oral agreement between the parties in relation to the subject matters dealt within these Terms.

14.3 Headings

The heading references herein are for convenience purposes only and do not constitute a part of these Terms. The heading references shall not be deemed to limit or affect any provision of these Terms.

14.4 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 info@naturalcycles.com.