- Tempdrop. The Service is owned or held under exclusive license, and operated by, Tempdrop Ltd.
- The Service. The Service comprised of a mobile application that with the use of the accompanying wearable Sensor, helps women to track their fertility cycle.
- Disclaimer. The Service is merely a complementary instrument intended to enhance your ability to track your fertility. The service is not, and is not intended to be a substitute for any professional medical advice, diagnosis, analysis, guidance or treatment, or serve as a birth control method or contraception. PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, ON ISSUES RELATING TO YOUR FERTILITY.
- Registration. In order to use our Service, you must be an individual and register with a personal user account.
- Use and restrictions. Subject to these terms and the completion of your registration, you may access and use the Service strictly for private, personal and non-commercial purposes. You may not use our Service in any of the objectionable manners explained below.
- Intellectual property. All legal rights in our Service, including all intellectual property rights, are owned or held under license by Tempdrop Ltd.
- Age restriction. You must be 16 years of age or older in order to use the Service.
- Disclaimer of warranty. The App is provided for use as is and the Sensor is provided for use under the instructions and limitations provided in the Sensor’s booklet or other publications we issue.
- Limitation of liability. To the maximum extent permitted by the applicable law, we – and our licensors and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use the Service.
- Indemnity. You agree to indemnify us, our partners, suppliers and licensors, in case of a third party complaint, claim, plea, or demand in connection with your breach of any provision of or representation in these Terms.
- Law & jurisdiction. Use of the Service is governed by the laws of the State of Israel and subject to the exclusive jurisdiction of the competent courts in the District of Tel-Aviv-Jaffa.
… and in detail
Welcome to Tempdrop, a fertility tracking system comprising of a wearable sensor (the “Sensor”) and a mobile application (the “App”) (referred together as the “Service”). The Service is owned or held under exclusive license, and operated by, Tempdrop Ltd. (the “Company”, “we”, “us” and “our”).
Our Service. Tempdrop is a fertility tracking system that offers you fertility predictions and interpretations, based on your sleeping temperature and motion measurements (“Measurements”) as measured by the accompanying wearable Sensor, and user inputted symptoms (such as: age, menstruation, PMS, and cervical fluid properties) (“Symptoms”). Through the App you may actively sync the Measurements from the Sensor and provide Symptoms data, in order to view and track your fertility.
You may also share your Measurements with third-party apps (such as other fertility apps) or other monitoring tools ("Third-Party Apps"). This feature will be enabled only if you provide your Tempdrop credentials to the Third-Party Apps and only if this app has been approved by Tempdrop. You can see a list of Third-Party apps here: (https://www.tempdrop.com/pages/apps)
Patterns. When using the App and the Sensor regularly, the System learns your nightly and monthly temperature patterns in order to achieve better accuracy for each user (the "Patterns"). Please note that learning your Patterns may take a while and is subject to your consistent and proper use of the Sensor and the App, your sleeping schedule and your sleep quality.
THE APP AND SENSOR ARE MERELY COMPLEMENTARY INSTRUMENTS INTENDED TO ENHANCE YOUR ABILITY TO TRACK YOUR FERTILITY BY TRACKING YOUR SLEEPING TEMPERATURE AND OTHER SYMPTOMS. THE SERVICE IS NOT, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, ANALYSIS, GUIDANCE OR TREATMENT, OR SERVE AS A BIRTH CONTROL METHOD OR CONTRACEPTION.
THE COMPANY IS NOT A HEALTCARE PROVIDER AND USING THE SYSTEM DOES NOT CREATE OR IMPLY ANY HEALTCARE PROVIDER-PATIENT RELATIONSHIP BETWEEN YOU AND THE COMPANY.
BE SURE TO CAREFULLY READ AND FOLLOW THE NOTICES PRESENTED IN THE APP, THE TEMPDROP BOOKLET ACCOMPANYING THE SENSOR OR ONLINE AT http://help.tempdrop.com
Third Party Apps. We do not operate or monitor Third Party Apps that integrate with the App. We assume no responsibility or liability for any use of such Third Party Apps or their availability and we bear no responsibility for your decision to use such Third Party Apps and the consequences of doing so. A list of the approved apps is here: https://www.tempdrop.com/pages/apps
YOU ARE SOLELY RESPONSIBLE FOR THE DATA YOU SHARE, DISSEMINATE, TRANSMIT OR OTHERWISE COMMUNICATE THROUGH, OR TO THE APP, OR WHEN USING THE SERVICE AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO.
False information. If we believe that the Registration Information you provided is false or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to the App.
Personal Sensor, Personal Account. We may, but are under no duty to, use your Registration information in order to provide you with alerts in the event that your Sensor was being used by another user of the App, or in the event that you used a Sensor that may not be your own Sensor.
Additional Information. We reserve the right to request additional information to verify your identity during the registration process, throughout your use of the App or when you submit requests related to your user account.
FEES AND BILLING
The Service is offered subject to your payment of applicable fees (the “Fees”), in accordance with the schemes and amounts presented to you upon installing the App or at a later time (“Plans”). Some features of the Service may be offered free of charge. We may transform a free of charge section of the Service to a fee-based service and will seek your consent to the payment of those Fees. If you do not consent, we may terminate Your use of the Service.
All Fees are quoted in US Dollars, unless expressly stated otherwise.
By installing, signing up to the App, and approving the Plans, you give your consent to being billed for the Fees, in addition to any applicable taxes and surcharges or commissions charged by the payment processor. All amounts payable to us are exclusive of any excise, sales tax, VAT, withholding tax or other governmental charges or transaction charges. You are responsible for the payment of all such applicable taxes or charges.
The Fees you pay are non-refundable. You are responsible for paying all applicable Fees whether or not you actually used or otherwise benefited from the Service.
Our intellectual property. All rights, title and interest in and to the Service and its features, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, are owned or held under license by Tempdrop Ltd.
Restrictions. You may not, nor allow any third party to, sell, rent, lease, lend, distribute, or sublicense the Service to any third party, nor make available to the public or communicate to the public, the Service. You may not, nor allow any third party to: (i) modify, adapt, alter, translate, create derivative works from, copy (except for a sole copy made for internal backup purposes) or otherwise use the Service; (ii) decompile, disassemble, reverse engineer, translate or convert the Service, or apply any design, procedure or process to the Servcie in order to ascertain, derive, and/or appropriate for any reason or purpose, the source code or source listings for the Service or any of the content or any trade secret information or process contained in the Service (except to the extent such restrictions are prohibited by law); (iii) modify or remove any copyright or other proprietary rights notices in or on the Service; or (iv) publicly display or publicly communicate the results of internal performance testing or other benchmarking or performance evaluation of the Service.
You may not remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Service.You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute, or damage our goodwill.
USING THE SERVICE
Acceptable use. You may use the Service only for your private, personal and non-commercial purposes.
Prohibited use. When using the Service, you must refrain from –
- Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the Service;
- Interfering with, burdening or disrupting the functionality of the Service;
- Breaching the security of the Services or publicly identifying any security vulnerabilities in it;
- Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
- Sending automated or machine generated queries;
- Using robots, crawlers and similar applications to collect and compile content from the App or send data to the App including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service’s functionality;
- Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information regarding the Service’s users, without their prior explicit consent;
- Linking to the App from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
- Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;
- Violating any applicable law, rules or regulations;
YOU MAY NOT USE THE SERVICE FOR ANY ACTIVITY THAT IS UNLAWFUL, ILLEGAL, FRAUDULENT OR HARMFUL, OR IN CONNECTION WITH ANY UNLAWFUL, ILLEGAL, FRAUDULENT OR HARMFUL PURPOSE OR ACTIVITY, OR CONSTITUTES, OR ENCOURAGES CONDUCT THAT WOULD CONSTITUTE, A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY APPLICABLE LAW.
If you are under the legal age of majority in your jurisdiction (normally 18 years), then you must obtain permission from your parent or legal guardian to accept these Terms. By using the Service, you declare to us that you have obtained it. If you are under the age of 16 you may not use the Service in any way.
Terminating your Tempdrop account. You may, at any time, request to terminate your App account by contacting us at email@example.com. Once we complete processing your request for termination, we will delete your account from our systems.
We may temporarily or permanently limit, block your access or terminate your user account, if we determine that you breached these Terms. Upon termination of these Terms or your account, for any reason, your right to use the App is terminated and you must immediately cease using the App; and we will not be liable to you for termination of access to the App.
Operation of the Service. We may at any time discontinue or terminate the operation of the Service, its features, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you.
Changing the Service. We may, at any time and without prior notice change the layout, design, scope, features or availability of the Service.
Changing these Terms. We may revise these Terms, in whole or in part, and in such case we will notify you of the amended Terms through the App. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms.
DISCLAIMER OF WARRANTY
TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SENSOR'S BOOKLET OR OTHER PUBLICATIONS WE ISSUE: (A) THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND (B) WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE MEASUREMENTS, ANY PREDICTIONS OR INTERPERTATIONS, THIRD PARTY CONTENT AND SERVICES AND ANY USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.
WE, AND OUR STAFF, DO NOT WARRANT THAT (1) THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE FUNCTIONALITIES WILL MEET YOUR EXPECTATIONS; (4) THE MEASUREMENTS, PREDICTIONS AND INTERPERTATIONS GENERATED THROUGH THE APP OR THE SENSOR WILL BE ACCURATE, BENEFICIAL, TIMELY OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, CAUSED BY USING THE SERVICE, OR OTHER NEGLIGENCE RELATED TO THE SERVICE OR ITS USE, LOSS OF DATA, OTHER INTANGIBLE LOSSES OR ANY OTHER DAMAGE OR LOSS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH: (A) THE SERVICE, (B) THE USE OF OR THE INABILITY TO USE THE SERVICE, (C) MEASUREMENTS, PREDICTIONS, OR INTERPERTATIONS PRESENTED THROUGH THE SERVICE, (D) YOUR RELIANCE UPON OR THE EXPECTED OUTCOME OR BENEFITS FROM ANY INFORMATION OR MEASUREMENTS ON THE SERVICE, (E) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, (F) ANY FAULT, OR ERROR MADE BY OUR STAFF, (G) OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR INFORMATION ON THE APP.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AND AGGREGATED LIABILITY OF TEMPDROP AND ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS, CONTRACTORS, PARTNERS, SUPPLIERS AND LICENSORS, AND ANYONE ACTING ON THEIR BEHALF, FOR ANY AND ALL DAMAGES WHATSOEVER ARISING FROM, OR IN CONNECTION, WITH THESE TERMS OR THE SERVICE SHALL BE LIMITED TO THE GREATER OF THE FEES THAT YOU ACTUALLY PAID (IF ANY) TO TEMPDROP DURING THE 12 MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE DAMAGE, OR FIFTY (50) US DOLLARS.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO THE SERVICE, OR IF THROUGH YOUR USE OF THE SERVICE, YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS.
To the maximum extent permitted by law, you will indemnify and hold harmless at your own expense, us, our Staff (including but not limited to our partners, suppliers and licensors) and anyone acting on our or their behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of the Service, your breach of these Terms or infringement of any other person’s rights.
Your use of the App may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App, such as Google Play or Amazon Appstore for Android. Those other third parties may be beneficiaries of these Terms, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the App.
The following terms apply if you downloaded an App from Apple's App Store. You and us agree and acknowledge as follows:
These Terms are concluded between yourself and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such infringement claim.
You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data services agreement when you use the App).
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
GOVERNING LAW AND JURISDICTION
Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws.
The competent courts in the Tel-Aviv district in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use. You hereby expressly consent to personal jurisdiction in Israel.
Notwithstanding the foregoing, we, and our Staff (including but not limited to our partners, suppliers and licensors), may lodge a claim against you pursuant to the indemnity clause above, in any court adjudicating a third party claim against us.
Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.
Changes in ownership. In the event of M&A, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party in which case the assignee assumes our stead and we are irrevocably released from all performances, duties, liabilities and obligations contained herein.
Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.
At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at: firstname.lastname@example.org or through our online contact form.