Terms of Use

Ourself LLC Terms of Use

These Terms of Use (hereinafter referred to as “Terms”) are a legally binding agreement between the user (hereinafter referred to as “You”) and Ourself LLC (hereinafter referred to as “Ourself”, “Ourself App“, we” or “us”) for the use of the Ourself mobile application, the website and all related features and services provided by Ourself.

In addition to these Terms, our Privacy Policy details your and our respective rights and obligations regarding the handling and protection of the information you share with us.

1. 1. Introduction

Ourself provides users with a personal health tracking and analytics solution designed to help women understand and take control of their health. The integrated data collection and analysis tools offer women a way to collect and understand key factors influencing their health. Ourself is continuously developing additional features to provide better services to our users. You can find general information about the Ourself App as well as a variety of health and wellbeing topics on the Ourself website.

1. 2. Acceptance of Terms

By creating an account and/or using the Ourself app you agree to be bound by these Terms of Use. If you do not agree to these Terms you may not access or use our service.

We reserve the right to change these Terms from time to time. We will notify you by email, through inApp messages or by asking you to agree to a new version of the Terms if material changes were made.

1. 3. Disclaimer

Ourself is not a medical care provider and the services provided are not intended to replace medical advice or diagnoses, treat or manage any illness or medical condition, or serve as a birth control method or contraception.  Specific medical conditions can only be diagnosed and treated properly by a qualified healthcare professional. Please always consult with a licensed physician or other healthcare provider before making any decisions or taking any actions that affect your health, if you have any questions or concerns about your health or condition or experience any changes in your condition or health status. Do not delay seeking medical advice because of information you obtained when using the Ourself App. If you feel like the use of Ourself causes you physical or mental distress, please stop using our services and seek medical help. If you think you have a medical emergency, call emergency services or go to the nearest emergency room immediately.

1. 4. General Scope of Service of Ourself

Ourself is a personal health tracking and analytics solution designed to provide women in all stages of life with general information about female health and individual insights into their health patterns. Ourself collects the data you enter, like menstrual cycles, overall health, symptoms, mental wellbeing and other information about your health. Ourself uses data analytics tools to analyze user data and identify and display individual patterns and health insights.

Ourself relies on the accuracy and completeness of the data users collect to provide analysis of such data.

The Ourself App is intended for use on iOS and Android mobile devices. The free version of the app can be acquired free of charge from the Apple App Store and the Google Play Store (depending on your mobile device’s operating system). The premium, subscription-based version of the Ourself App can be purchased from within the free-of-charge Ourself App.

For the best experience of Ourself you must regularly update your operating system and the version of the Ourself App on your device. You may also need to activate certain features to make full use of Ourself.  By using our services, you also agree that we reserve the right to automatically download and install updates to the Ourself App without specifically informing you. These updates are intended for technical improvements and software and service enhancements.

1. 5. Account Registration and Access to Services

To use the Ourself App, you must create an account. This requires the acceptance of these Terms of Use and the corresponding Privacy Policy (insert link), including all documents, declarations and references therein by reference.

To create an account, you will need to provide your email address, a username, year of birth and zip code. This information will be held in accordance with our Privacy Policy, which can be found here (insert link).

To create an account and access the Ourself service you must at least be 13 years old. If you are under the age of 18, your parent or legal guardian must review and accept our Terms of Use. If you are under the age of 18 and create an account, you confirm that your parents have reviewed and accepted our Terms of Use on your behalf.

By accessing our Services you assert that:

• You are of legal age to enter into a binding contract

• If you are not of legal age to enter into a binding contract, that your parent or legal guardian has reviewed and accepted these terms on your behalf

• You provide truthful and complete information for account creation
• You will maintain the accuracy of such information
• You will respect all rules and regulations detailed in these terms and our corresponding Privacy Policy (insert link).
• Your use of our service does not violate any applicable law or regulation.

You are solely responsible for keeping your account secure. You should not share your account information with another person and you should not use another person’s account to use the Ourself services.

We reserve the right to refuse to create an account, disable and/or delete any user account, username, password or other identifier at any time for any reason.

1. 6. Your use of the service

Any use of the Ourself app and corresponding data you share with us is governed by our Privacy Policy.   If you submit any question, response or comment to our community space, you are solely responsible for the content of that interaction. It is your responsibility to make sure that you do not share any personal and/or sensitive information.

You may only use your Ourself user account for private purposes or for specific other purposes agreed upon in writing. You must not share your user account with third parties. You are not permitted to use our services for commercial use or other revenue generating purposes.

Furthermore, you are not allowed to:

• Resell, rent, lease, loan, sublicence, distribute or otherwise transfer rights to the App
• Modify, reverse engineer, decompile or disassemble the App
• Make the access data sent or used for authentication and identification available to third parties or to pass them on to third parties;
• Circumvent or disable any technological features or measures in the App for protection of intellectual property rights
• Bypass the access control systems of paid services
• Use services without authorization
• Use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party
• Upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement, and our Privacy Policy; or
• Upload any material that contains software viruses or any other computer code, files or programs that is malicious, technologically harmful or designed to interrupt, destroy or limit the functionality of any computer software, this website or the App
• Otherwise take any action in violation of these Terms

Any such forbidden use shall immediately terminate your license to use the App.

1. 7. Modification and Termination

We may terminate these Terms of Use or suspend or terminate your account or your access to any service at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on the Ourself services or any features or aspect of a service. We will take reasonable steps to notify you of termination of these other types of service changes by email or inApp messages the next time you attempt to use our service. You may also terminate these Terms of Use by deactivating your Ourself Account at any time.
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1. 8. Subscriptions

The Ourself App offers certain features and enhanced functionality that are part of paid, premium services. These services are generally available on a subscription basis. You agree to be charged once per duration period of your service (i.e. per month, per year). Our subscription will automatically renew for an indefinite period of time at the end of your initial subscription period, unless you or we have canceled your subscription, disabled auto-renewal or have entered into a new contract with a new initial subscription period. You may cancel your subscription at any time with a notice period of at the least 30 days to the end of each subscription period.

You agree to provide current, complete and accurate payment and account information for all paid premium services. If payment cannot be collected, we reserve the right to block your access to the relevant paid services.
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1. 9. Intellectual Property
   

You acknowledge that Ourself or our licensors reserve and retain all proprietary rights, titles and interests in all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. Any unauthorized use of any content or material from Ourself is strictly prohibited and violates trademark, copyright and/or other intellectual property or privacy laws.

1. 10. Availability of Service

Although we aim to offer you the best user experience with the Ourself App, we cannot guarantee that the services will meet your requirements and that it will be fault free. If a fault occurs in the Ourself App, please report it to us at support@ourself.com. We will review your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to you if our services are unavailable from time to time.

Your access to Ourself may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the services as soon as we reasonably can.
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1. 11. Use on a mobile device

If you are using the Ourself App on a mobile device, your mobile service provider’s normal rates and fees, such as text message fees and data charges, will apply.
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1. 12. Liability
   

The content we provide in the Ourself App has been compiled with the greatest care. However, we will not be liable for any inaccuracy, incompleteness or omissions in the content we provide. You are solely responsible for the content you track or otherwise provide to the Ourself App as well as for the security of your personal user content. Except for the extent required by law, we are not liable for the deletion, damage or failure to store user content maintained or transmitted through the use of Ourself.

When you use the Ourself App, you do so expressly at your own risk. We do not guarantee that our services can be used to achieve a specific goal, or that the Ourself data analysis will be complete and accurate.
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Any health-related information and recommendations provided by our service are general in nature and aimed at users who are generally healthy and physically and mentally fit. If you choose to follow any of these recommendations, you do so at your own risk. Please always consult with a licensed physician or other qualified healthcare provider if you have any doubt about whether these recommendations are right for you - especially if you have certain health conditions, are pregnant or breastfeeding.

Limitations of Liability

IN NO EVENT SHALL OURSELF OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THIS APP. IN NO EVENT WILL OURSELF’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO OURSELF FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO OURSELF, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NONE OF OURSELF OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS, OR ANY THIRD PARTIES MENTIONED ON THE APP SHALL BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP.  THE LAWS OF SOME STATES / COUNTRIES IMPOSE RESTRICTIONS ON LIMITING LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. WHERE ANY PROVISION IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
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1. 13. Force Majeure

Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.

1. 14. Indemnification

You agree to defend, indemnify, and hold harmless Ourself, and each of their respective directors, officers, employees, and agents from and against any and all third-party claims, demands, and liabilities, including reasonable attorney’s fees, resulting from or arising out of: (i) any breach of your representations and warranties in this Agreement; or (ii) your failure to comply with your obligations under any and all laws, rules or regulations applicable to you under this Agreement, except to the extent such violation arises out of Ourself’s failure to comply with Ourself’s obligations hereunder.

1. 15. Governing law
   

This agreement and the rights and obligations of the parties under this agreement shall be governed by and construed and interpreted in accordance with the law of the state of California.

1. 16. Arbitration
   

At our sole discretion, to the fullest extent permitted by law, we may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration before a single arbitrator under the Rules of Arbitration of the American Arbitration Association. The arbitrator is required to issue a written award and opinion, and any judgment or award issued by an arbitrator may be entered in any court of competent jurisdiction.  This arbitration provision is intended to be as broad as legally permissible and to apply to the resolution of disputes that otherwise could be resolved in a court of law or before a forum other than arbitration.  You agree that such arbitration will be conducted on an individual basis only, not a class, collective or representative basis, and hereby waive any right to bring classwide, collective or representative claims before any arbitrator or in any forum.  The arbitration shall be seated in San Francisco, California. You understand that by agreeing to arbitrate disputes you are waiving any right you might otherwise have to a jury trial. This arbitration provision is not intended to modify or limit substantive rights or the remedies to us, including the right to seek interim relief, such as injunction or attachment, through judicial process, which shall not be deemed a waiver of the right to demand and obtain arbitration.  Each party will bear its own costs in respect of any disputes under these Terms.  You consent to personal jurisdiction for any equitable action sought in the U.S. District Court for the District of San Francisco or any court of the State of California having subject matter jurisdiction.  

1. 17. Severability
   

If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

1. 18. Entire Agreement

These Terms constitute the entire agreement between you and Ourself and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
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1. 19. Comments, Concerns and Complaints

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: support@ourself.com.

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