The terms and conditions for use set forth herein (the “User Terms”) apply to your use of the MOON® Fertility Application (the “Application”) provided by MOON Fertility AB, a legal entity incorporated in Sweden with company registration number 559071-0009, Medicinaregatan 8A, SE-413 90 Göteborg (“MOON Fertility”) and the website operated and owned by MOON Fertility, available at www.moonfertility.com (the “Website”). The use of “we”, “our” and “us” below, refers to MOON Fertility.
By downloading, installing, accessing and/or using the Application and/or the Website, you acknowledge that you have read, understood and agree to be bound by the User Terms. If you should at any time not agree to the User Terms, you are not authorized to continue to use the Application or the Website. To use the Application you must be at least 18 years old. If you are not able, competent or authorized to be bound by the User Terms you may not use the Application. Your account may be terminated without warning, if MOON Fertility has reason to believe that you are under the age of 18 years old.
2 ABOUT THE APPLICATION
The Application offers you the possibility to record and store certain personal information which is generally regarded to be relevant to fertility. MOON Fertility is hoping that your use of the Application will contribute to your understanding of your menstruation and ovulation cycle, which can be considered valuable information for women for several purposes. We hope that you will find your use of the Application helpful for fulfilling the purposes you have identified for your use of the Application.
To avoid any misunderstanding we want to underline the following 1. The Application does not offer birth control/is not a method for contraception and does not substitute necessary medical consultations by a qualified healthcare professional. If you wish to avoid pregnancy you should consult a qualified healthcare professional and use a certified method for contraception. 2. The content available in the Application is for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read in the Application. 3. MOON Fertility does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Application. Reliance on any information provided by the Application is solely at your own risk. 4. The Application does not protect you from Sexually Transferred Diseases (“STDs”) or infections. You should take such precautions that are generally recommended to prevent STDs.
3 USER CONTENT AND RIGHT OF USE
The Application includes functionalities for you to record and store your personal information in the Application (“User Content“).The functions and proper use of the Application will require that you provide User Content. If you are not willing to provide any User Content, the Application will not be of much use to you.
4 USER ACCOUNT
When you download the Application an automatically generated user account will be created for your use (the “Anonymized User Account”). The Anonymized User Account will give you access to most features of the Application when you access the Application on the device where you have it installed. Your access to the User Content provided by you in the Application using an Anonymized User Account will be limited. It will not be available via the Website login or if you uninstall the Application. Further, MOON Fertility will not undertake any efforts to locate and identify information provided and available in MOON Fertility’s system as your User Content. If, for any reason, your access to the Application is lost you cannot expect to regain access to your User Content.
If you wish to use all features of the Application and access your User Content from any device and/or the Website, you are welcome to register a Personal User Account with MOON Fertility. You can register a Personal User Account either in the Application or on the Website. To register a Personal User Account you are required to provide the following information: your name, e-mail address and date of birth/age. After completion of the registration you will receive access to your Personal User Account. Your Personal User Account is personal and should not be shared. You must protect your Personal User Account password so that no one else gains access to your Personal User Account. You shall, for example, (i) protect computers and other devices where passwords are stored or used, (ii) choose passwords that are difficult to decrypt, (iii) keep the passwords secret and not store them in a manner or at a location that allows them to be associated with your Personal User Account and (iv) otherwise comply with the User Terms. You shall promptly notify MOON Fertility if you suspect that any unauthorized person has access to your password.
5 YOUR USE OF THE APPLICATION
As a user of the Application or Website you warrant that you hold all rights to the User Content that you post in the Application or to the Website, or that you otherwise have the necessary rights to such User Content in order to comply with these User Terms.
You agree not to intentionally interfere with, disable, remove or damage the operation of the Application or the Website, 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 Application or Website through phishing, pharming or pretext attempts or methods.
6 AVAILABILITY AND MODIFICATIONS
MOON Fertility strives to keep the Application and Website accessible and error free at all times, but the Application and Website are provided as they are and with the quality they have.
MOON Fertility may, and reserves the right to, make updates, modifications, additions and improvements to the Application and Website from time to time in its sole discretion and without notice. The Application and Website may contain “bugs” that cause interruptions or errors. MOON Fertility will also carry out maintenance and upgrades that may cause interruptions and errors in the Application. Interruptions and errors in the Application and Website may also occur for other reasons. Your use of the Application and Website is, therefore, at your own risk.
7 MODIFICATION OF THE USER TERMS
MOON Fertility reserves the right to make additions or changes to the User Terms. MOON Fertility will notify you of any additions or changes by keeping the updated User Terms available in the Application for your acceptance.
You accept and agree to any updated version of the User Terms when you use the Application or otherwise approve the updated User Terms, valid from the date specified in the new version.
You agree to indemnify, and hold MOON Fertility harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of the User Terms or applicable law and your uploading of User Content in the Application or to the Website.
9 TECHNICAL REQUIREMENTS
In order to be able to use the Application via your smartphone, e-tablet or other device, there may be certain technical requirements. You may, for example, need to install certain software. Your access to the Application may be dependent on third party services (such as Internet and mobile telephony services). MOON Fertility is not responsible for such services.
10 ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER WEB SITES
The Application or Website may provide links to third-party web sites or applications. MOON Fertility is not responsible for the content of such websites or services or for goods or services offered on or in connection with such websites or services.
MOON Fertility does not recommend and does not endorse content on any third party websites or applications. MOON Fertility is not responsible for the privacy protection or the content of linked third party websites or applications, websites framed within the Application or Website, third party websites provided as search results or third party advertisements, and does not make any representations regarding their content or accuracy. Your use of third party websites or applications is at your own risk and subject to the terms and conditions of use for such websites.
11 INTELLECTUAL PROPERTY RIGHTS
The Application and Website are owned and operated by MOON Fertility. All names, logos and trademarks are the property of MOON Fertility.
All content, design, graphics, compilation, digital conversion and other matters making up the Application and the Websites is owned by MOON Fertility or its content suppliers and is protected by Swedish and international copyright laws. Use of the Application or the Website does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. MOON Fertility does not grant any expressed or implied right to you under any patents, copyrights, trademarks or trade secret information.
Apple®, the Apple logo®, Apple Watch® and iPhone® are trademarks of Apple Inc., registered in the U.S. and other countries. App Store® is a service mark of Apple Inc., registered in the U.S. and other countries.
12 LIMITATION OF LIABILITY
The use of the Application and Website is at your own risk.
MOON Fertility, its licensors and suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. MOON Fertility’s liability towards you is limited to damage caused by MOON Fertility’s gross negligence or wilful misconduct. Further, MOON Fertility disclaims any and all liability in connection with the Application for any indirect, incidental, special, punitive, or consequential damages, losses, costs, or expenses whatsoever. It is noted, in particular, that MOON Fertility is not responsible for any interruption, failure or delay in the Application, unauthorized access or use of User Content or other information stored in the Application or for any other inconvenience, loss or damage (direct or indirect) incurred in connection with the Application. In no event shall MOON Fertility’s liability under the Agreement exceed SEK 5 000.
MOON Fertility may at any time in its sole discretion terminate the access to the Application without prior notice. MOON Fertility will however make reasonable effort to notify you before terminating access to the Application.
The User Terms, and your rights and obligations in connection hereto, may not be assigned or transferred by you to another party.
15 GOVERNING LAW AND DISPUTE SOLUTION
The User Terms are governed by Swedish law, without regard to its conflict of laws provisions. Contact us on email@example.com if you are dissatisfied with the Application or Website. If you cannot come to a solution with our support team that you are pleased with, you can turn to your local Board for Consumer Disputes (in Sweden, the Sweden National Board for Consumer Disputes (Allmänna reklamationsnämnden), address: The National Board for Consumer Disputes, P.O. Box 174, SE-101 23 Stockholm, Sweden) or to the European Commission’s online dispute resolution platform: http://ec.europa.eu/odr. We do not undertake to participate in alternative dispute resolution procedures, but will take a final position on this matter when applicable. Any dispute, controversy or claim arising out of or in connection with your use of the Application, Website and/or the User Terms, or the breach, termination or invalidity thereof, shall, be settled by a court of law having jurisdiction over the matter at hand. MOON Fertility accepts that the District Court of Gothenburg shall always be regarded as having jurisdiction in a dispute involving MOON Fertility, the Application and the User Terms.
Should any provision of the User Terms or part thereof be void or invalid, the other provisions of the User Terms shall remain in force and the clause may be amended to the extent such invalidity materially affects the rights or obligations of you or MOON Fertility under the User Terms.
17 CONTACT INFORMATION
MOON Fertility hopes you will find the Application helpful and convenient to use! Questions or comments regarding this Application, should be submitted to MOON Fertility’s e-mail address firstname.lastname@example.org. MOON Fertility attempts to answer every e-mail in a timely manner but may due to volume not always be able to do so.