Terms of Service – EULA
By downloading any application from GP International LLC (here after referred to as “The Company”), installing or using this application or any portion thereof (“Application”), you agree to the following terms and conditions (the “Terms and Conditions”).
1. USE OF APPLICATION
a. The Company grants you the non-exclusive, non-transferable, limited right and license to install and use this Application solely and exclusively for your personal use.
b. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application, nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
c. You agree that you are solely responsible for (and that The Company has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which The Company may suffer) of any such breach.
d. You are asked to respect fellow users of the Application. When submitting content or using the Application, you agree not to:
• submit material that is obscene, abusive, hateful, racially or ethnically offensive, profane, vulgar, harassing, fraudulent, contains or depicts nudity, contain or depict sexual activity, defamatory or encourages conduct that would violate any law.
• submit material that violates third party’s proprietary rights;
• publish any private information of another person without their permissions;
• post advertisements;
• violate the Community Guidelines as determined by the owners of the application;
• be rude or disrespectful to other users in the app as determined by The Company;
• be overly argumentative to other users in the app as determined by The Company;
e. You agree to receive communication from The Company to the email account that you registered an online backup account or social account with. The Company may time to time email correspondence necessary to enforce the Community Guidelines in the app. The Company may also send newsletters, content, or updates via email as well. If you are excessively rude in your email correspondences with The Company, unwilling to comply with the Community Guidelines, or use physical, legal or punitive threats against Company, the Company can and will terminate your account and prevent future access to the Application.
f. You acknowledge Period Tracker period and fertility forecasts may not be accurate and should not be used to prevent unwanted pregnancy. To forecast ovulation Period Tracker calculates 14 days before the projected start date of one’s next period. Forecast accuracy depends on a number of factors including how regular one’s cycle length is, when one actually ovulates during the cycle, and how many periods have been logged in the app. Anxiety, stress, diet, nutrition, exercise, environment, medications, age and other factors can also affect one’s cycle from month to month. The only fail-safe method to prevent unwanted pregnancies is abstinence from sexual intercourse. If one chooses to engage in sex, we strongly recommend understanding the risks and birth control options to mitigate those risks. Users may remove fertile window and intimacy icons from the calendar in the app settings (Period&Fertility/ AbstinenceMode).
You may browse the Application and view certain content without registering, but you will need to register for an account to access certain aspects of Application and to submit content and interact with other users. You represent and warrant that you are an individual of legal age to form a binding contract.
Registration is not available to individuals who are younger than 13 years old.
3. PROPRIETARY RIGHTS
You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) The Company and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter The Company’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
By submitting Content to The Application, you grant The Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, The Company will use reasonable efforts to remove it from the Application, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, The Company has the right (though not the obligation) to, in The Company’s sole discretion (i) refuse or remove any content that, in The Company’s reasonable opinion, violates any policy of The Company or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Application to any individual or entity for any reason, in The Company’s sole discretion. The Company will have no obligation to provide a refund of any amounts previously paid.
4. RESPONSIBILITY OF APPLICATION USERS
The Company has not reviewed, and cannot review, all of the material posted to the Application, and cannot therefore be responsible for that material’s content, use or effects. By operating the Application, The Company does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Application may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Application may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Company disclaims any responsibility for any harm resulting from the use of the Application.
The Application’s period and fertility forecasts may not be accurate and should not be used to prevent unwanted pregnancy. Forecast accuracy depends on a number of factors including but not limited to how regular one’s cycle length is, when one actually ovulates during the cycle, and how many periods have been logged in the app.
5. INFRINGING USERS
In the case that The Company discovers a user posting fraudulent claims, misleading users, posting spam, creating multiple accounts, or stirring trouble, The Company may charge the infringing user a fee to reimburse the number of hours The Company has used to investigate and amend the infringements and the resulting effects in the community. The Company may also charge the infringing user any legal fees incurred while executing judgment.
6. U.S. GOVERNMENT RESTRICTED RIGHTS
This Application, related materials and documentation have been developed entirely with private funds. If the user of the Application is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Application, including technical data or manuals, is restricted by the terms, conditions and covenants contained in these Terms and Conditions. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the Application is further restricted by these Terms and Conditions.
7. EXPORT RESTRICTIONS
The Application may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
The Company reserves the right, at its sole discretion, to modify or replace any part of the Terms and Conditions. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Application following the posting of any changes to this Terms and Conditions constitutes acceptance of those changes. The Company may also, in the future, offer new services and/or features through the Application. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
These Terms and Conditions will continue to apply until terminated by either you or The Company. The Company may terminate your access to all or any part of the Application at any time, with or without cause, with or without notice, effective immediately. You may terminate these Terms and Conditions at any time by permanently deleting the Application from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from The Company or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Application.
To the maximum extent permitted by law, you agree to indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms and Conditions.
11. DISCLAIMER OF WARRANTIES
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
b. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
c. THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
a. These Terms and Conditions constitute the entire Agreement between you and The Company relating to the Application and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and The Company regarding the Application.
b. The failure of The Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to The Company.
c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
d. The rights granted in these Terms and Conditions may not be assigned or transferred by either you or The Company without the prior written approval of the other party. Neither you nor The Company are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
e. These Terms and Conditions and your relationship with The Company under these Terms and Conditions will be governed by the laws of the State of California without regard to its conflict of laws provisions. You and The Company agree to submit to the exclusive jurisdiction of the courts located within the county of Riverside, California to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that The Company will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
14. Digital Millennium Copyright Act Notice
If you believe that content available by means of the Application (as defined in our Terms of Service) infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below. Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
Please contact The Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
support [at] gppapps.com
You must include the following:
• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• An identification of the copyright claimed to have been infringed;
• A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Automattic to find and positively identify that content; for example we require a link to the specific blog post (not just the name of the blog) that contains the content and a description of which specific portion of the blog post – an image, a link, the text, etc – your complaint refers to;
• Your name, address, telephone number and email address; and
• A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your Infringement Notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.