“Chart Neo” Application
Terms of Use
By using the “Chart Neo”
application (the “App”), and its
associated services, you are agreeing to be bound by the following Terms of Use
and these Terms of Use govern the relationship between you and Neo Fertility
App Ltd. (“Company”). Any new
features or services offered through the App shall also be subject to these
Terms of Use.
Company reserves the right to
update and change these Terms of Use from time to time by posting the updated
Terms of Use at
https://www.chartneo.com/terms
and in the
App. It is your responsibility to consult with these Terms of Use from time to
time to ensure that you are up to date on any changes which may affect you.
Continued use of the App indicates continued acceptance of these Terms of Use.
Company’s collection, use and
disclosure of your personal information in connection with the App shall be
governed by the Privacy Policy located at
https://www.chartneo.com/privacy
. By using
the App, you consent to the Company’s collection, use and disclosure of your
personal information in accordance with the Privacy Policy.
PLEASE READ THE FOLLOWING TERMS OF
USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. IF YOU DO NOT AGREE TO
THESE TERMS OF USE OR THE PRIVACY POLICY, YOU ARE NOT PERMITTED TO ACCESS OR
USE THE APP.
1.
Description of the App
1.1.
The App provides users with
the ability to, amongst other things, record fertility signs and other data
associated with tracking fertility. Company may add or remove functionality or
features of the App at any time. Company will only release any user data where
compelled to do so by a competent government authority with the appropriate
jurisdiction to compel such disclosure.
2.
User Requirements
2.1.
You represent that you
satisfy the following requirements:
(a)
You are capable of entering into these Terms of Use.
3.
Registration
3.1.
In order to use the App, you
may be required to provide Company with certain information. You guarantee that
the information you provide Company is complete, accurate and up-to-date and
will keep such information current.
3.2.
You are responsible for
maintaining the confidentiality of any passwords and account identifiers, and
are fully responsible for all activities that occur under your password or
account. You agree to immediately notify Company of any unauthorized use of
your password or account.
4.
Use and Termination of the App
4.1.
You can stop using the App
at any time. Company may also stop providing the App to you, or add or create
new features to the App, at any time.
4.2.
If you stop using the App
for a period longer than 2 years, the Company may deem you to have terminated
your use of the App. In such event, Company reserves the right to delete your
profile and any data associated with your profile from its servers. If Company
deletes your account for inactivity, you will no longer have access to your
account, or any data recorded with the App. Before initiating this process
however, we will attempt to contact you through the e-mail address associated
with your account, and give you 30 days to respond.
4.3.
You can delete your account
at any time through your account settings. We may retain certain information as
required by law or as necessary for our legitimate business purposes. All
provisions of this agreement survive termination of an account including our
rights regarding any content you've already submitted to us.
5.
Intellectual Property
5.1.
You acknowledge that the App
is protected by copyright, trademark and other proprietary rights and laws and
that all intellectual property rights in and to the App are the sole property
of Company or its licensors. Your use of the App does not give you any
ownership in any Intellectual Property in or related to the App.
5.2.
Subject to your compliance
with these Terms of Use, Company grants you a non-exclusive, non-transferable,
personal, revocable, limited license to download and use the App in accordance
with these Terms of Use.
6.
User Conduct
6.1.
You are responsible for
ensuring that:
(a)
you comply with all laws applicable to you with regards to your use of
the App;
6.2.
You agree not to use the App
to:
(a)
circumvent security measures or other measures within the App;
(b)
publish, upload, post, email, transmit or otherwise make available any
content that; (i) you do not have the right to make available; (ii) is
unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or
otherwise objectionable; (iii) infringes any intellectual property rights of
any party; (iv) includes any unsolicited or unauthorized advertising,
promotional materials, surveys, junk mail, spamming, chain letters, or any
other form of solicitation, commercial or otherwise, or (v) contains a software
virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other
computer file or software designed to interrupt, destroy, damage or limit the
functionality of any computer hardware, software or other property;
(c)
defame, harass, abuse, stalk, threaten or violate the legal rights,
including rights of privacy, of the Company or any third party;
(d)
impersonate any person or entity, or falsely state or otherwise
misrepresent your identity;
(e)
interfere with or disrupt the App;
(f)
violate any applicable local, provincial/state or federal law and any
regulations; or
(g)
harvest, collect, or store personal information or data of third
parties.
7.
Messaging and Communication
7.1.
Messaging Features
: Some features of the App
may provide functionality that enables the App to send SMS messages, push
notifications, e-mails, make phone calls, or other forms of communication to
you or on your behalf to third parties designated by you in advance. If you use
such additional features, you authorize Company and/or the App to send these
communications to you or on your behalf for the purpose of providing you with
such value-added features.
8.
Liability
8.1.
TO THE EXTENT ALLOWABLE BY
APPLICABLE LAW, COMPANY AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY DAMAGES
WHATSOEVER (INCLUDING , INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), EXCEPT FOR DIRECT
DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT
OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE APP; (ii) VALUE
ADDED FUNCTIONALITY PURCHASED OR OBTAINED THROUGH THE APP; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) STATEMENTS,
MESSAGES, OR CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY’S LIABILITY
FOR DIRECT DAMAGES TO YOU EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU TO
COMPANY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH DIRECT DAMAGES
OR 25 EUROS.
9.
Indemnification
9.1.
You agree to indemnify and
hold Company, its affiliates, partners and suppliers and each of their
respective directors, officers, employees, consultants, agents and suppliers
harmless from any claim or demand, including reasonable legal fees, which may
be incurred by reason of or in connection with your breach or failure to comply
with these Terms of Use or for any violation of any law or regulation by you.
10.
Disclaimer
10.1.
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED “AS
IS”, WITHOUT WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES,
REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. COMPANY EXPRESSLY
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND
PERFORMANCE OF THE APP. COMPANY DOES NOT GUARANTEE UNINTERRUPTED OPERATIONS OF
THE APP.
10.2.
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE
ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR
AVAILABILITY OF THE APP.
11.
General
11.1.
Applicable Law:
The Terms of Use shall be governed and construed by the laws of the city
of Dublin and the federal laws of Ireland applicable therein. You and Company
agree to submit to the personal and exclusive jurisdiction of the courts
located in Dublin, Ireland.
11.2.
Arbitration
(a)
Except for any action seeking
equitable relief, including without limitation for the purpose of protecting
any of Company’s intellectual property rights, any controversy or claim arising
out of or relating to these Terms of Use or the App shall be settled by binding
arbitration. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be held in Dublin,
Ireland, without giving effect to any principles that may provide for the
application of the laws of another jurisdiction.
(b)
All information relating to or
disclosed by any party in connection with the arbitration of any disputes
hereunder shall be treated by the parties, their representatives, and the
arbitrator as proprietary business information. Such information shall not be
disclosed by any party or their respective representatives without the prior
written authorization of the party furnishing such information. Such
information shall not be disclosed by the arbitrator without the prior written
authorization of all parties. Each party shall bear the burden of its own
counsel fees incurred in connection with any arbitration proceedings.
(c)
Judgment upon the award returned
by the arbitrator may be entered in any court having jurisdiction over the
parties or their assets or application of enforcement, as the case may be. Any
award by the arbitrator shall be the sole and exclusive remedy of the parties.
The parties hereby waive all rights to judicial review of the arbitrator's
decision and any award contained therein.
11.3.
Waiver
:
You hereby waive any right to a jury trial or trial by way of a class action,
in connection with any controversy or claim arising out of or related to these
Terms of Use or the App.
11.4.
No Limitation
: Nothing in these Terms of Use shall limit any right that Company may
have at law, agreement or otherwise.
11.5.
Severability:
If any provision of these Terms of Use is found by a court of
competent jurisdiction to be invalid, the parties agree that the court should endeavor
to give effect to the parties’ intentions as reflected in the provision, and
the other provisions of these Terms of Use remain in full force and effect.
11.6.
Entire Agreement:
These Terms of Use constitute the entire agreement between you and
Company and govern your use of the App, superseding any prior agreement,
whether oral or written.
11.7.
Waiver:
The failure of Company to exercise or enforce any right or provision of
these Terms of Use shall not constitute a waiver of such right or provision.
Chart Neo
Privacy Policy
Neo Fertility App Ltd., (together with its parents,
subsidiaries, affiliates, agents, representatives, consultants, employees,
officers, and directors - collectively, "Chart Neo", the
“Company”, "we" or "us") provides services
("Services", collectively) that help couples track their fertility
cycles. Our main services are electronic applications (the "App") for
fertility tracking. We are an Irish Corporation based in Dublin, Ireland. The
purpose of this privacy policy (the “Policy”) is to inform you of the Company’s
privacy practices and policies, including how and why Company collects your
personal information, how it intends to use your personal information and to
provide you with contact information should you have questions or concerns
about the Company’s privacy practices.
Company reserves the right to update and change this
Policy from time to time by posting the updated Policy at
https://www.chartneo.com/privacy
and on the
App. It is your responsibility to consult with this Policy from time to time to
ensure that you are up to date on any changes which may affect you.
1.Personal information collected by Company
In order for you to create an account on NeoFertility
and use our Services, we need to collect and process certain information.
Depending on your use of the Services, that may include:
Information you provide by completing forms on
Chart Neo - your e-mail address, telephone number, login, and password
details. We may ask for this information if you register as a user of the
Services, subscribe to our newsletters, upload or submit content through
Chart Neo, or if you contact us.
2.Details of any requests or transaction you
make through the App and/or Services
Information about your activity on and interaction
with Chart Neo and the App (such as your IP address, the type of device or
browser you use, and your actions on the App and other services) may be logged
for internal troubleshooting/diagnostic purposes, improving App experience,
maintaining the security of your account, and to prevent fraud and abuse. We
may also log this information in order to be compliant with government laws and
regulations where appropriate. Any other use or sharing of your data requires
an explicit opt-in from you. We will NEVER share your data with a 3rd party
without your express consent, unless required by a government authority with
the appropriate jurisdiction.
3.European Union Users
Data protection law in Europe requires a "lawful
basis" for collecting and retaining personal information from citizens or
residents of the European Economic Area. Our lawful bases include: Performing
the contract we have with you: In certain circumstances, we need your personal
data to comply with our contractual obligation to deliver the Services. Legal
compliance: Sometimes the law says we need to collect and use your data. For
example, tax laws require us to retain records of payments made through our
Services. Legitimate interests: This is a technical term in data protection law
which essentially means we have a good and fair reason to use your data and we
do so in ways which do not hurt your interests and rights. We sometimes require
your data to pursue our legitimate interests in a way that might reasonably be
expected as part of running our business and that does not materially impact
your rights, freedom or interests. For example, we use identity, device, and
location information to prevent fraud and abuse and to keep the Services
secure. We may also send you promotional communications about our Services,
subject to your right to control whether we do so. We analyze how users
interact with our App so we can understand better what elements of the design
are working well and which are not working so well. This allows us to improve
and develop the quality of the experience we offer all our users.
4.How This Information Is Shared
When you create an account, all of your information is
kept private. There are features within the App and Services to share your data
with other users; however, you must explicitly choose whom you wish to share
your data with.
We do not and will not sell your data.
5.Information sharing for research
From time to time, we may partner with non-profit
entities that conduct studies to help improve fertility outcomes. To share your
data with these entities, you must explicitly OPT-IN to the sharing. Before
your data leaves our jurisdiction, it is anonymized so that it cannot be
identified as you. We provide several options as to the level of sharing that
you wish to allow.
6.Information that's shared to protect
Chart Neo and comply with the law
We do reserve the right to disclose personal
information when we believe that doing so is reasonably necessary to comply
with the law or law enforcement, to prevent fraud or abuse, or to protect
Chart Neo's legal rights, property, or the safety of Chart Neo, its
employees, users, or others.
7.Links to Other Websites and Services
Our App or Services may include links to other
websites or services whose privacy practices may differ from Chart Neo's.
When you use a link to an external site or service, the privacy policy and data
processing disclosures for that site or service governs.
8.Retention
We will retain your information as long as your
account is active, as necessary to provide you with the Services or as
otherwise set forth in this Policy. We will also retain and use this
information as necessary for the purposes set out in this Policy and to the
extent necessary to comply with our legal obligations, resolve disputes,
enforce our agreements and protect Chart Neo's legal rights.
We also collect and maintain aggregated, anonymized or
pseudonymized information which we may retain indefinitely to protect the
safety and security of our App or Services, improve our Services, or comply
with legal obligations.
9.Your Rights
Users residing in certain countries, including the EU,
are afforded certain rights regarding their personal information. Except where
an exception or exemption applies, these rights include the ability to access,
correct, and request deletion of your personal information. While these rights
are not applicable globally, all Chart Neo users can manage their personal
information, as further described below, in their account settings. You can
request a downloadable copy of your personal data from Chart Neo from your
account settings page. To modify or delete the personal information you've
provided to us, please log in and update your information. You may also delete
your account from your account settings page. We may retain certain information
as required by law or as necessary for our legitimate business purposes.
10.Email and Mobile Notifications
We want to communicate with you only if you want to
hear from us. We try to keep e-mails to a minimum and give you the ability to
opt in to any marketing communications we send. We will send you e-mail
relating to your transactions on Chart Neo. You may also elect to receive
certain marketing e-mail communications, in accordance with your preferences,
and from which you may opt out at any time by adjusting your notifications
settings. On the App, you can manage the notifications you receive on your
mobile device in your profile settings. We'll also send you service-related
announcements when it's necessary to do so.
11.Security
We take security seriously, and the security of your
personal data is important to us. We follow industry-standard practices to
protect the data we collect and maintain, including using Transport Layer
Security (TLS) to encrypt information as it travels over the Internet. No
method of transmission over the Internet or electronic storage is completely
secure, so Chart Neo cannot guarantee its absolute security. Your account
information is protected by a password, which you should choose carefully and
keep secure.
We have a protocol in place in the event of a data
breach. We encourage the responsible disclosure of vulnerabilities of our
Services by e-mailing dpo@chartneo.com.
12.Data Protection Officer
To contact our Data Protection Officer, please e-mail
dpo@chartneo.com
You can contact us in writing at:
NeoFertility
Suite 7, Beacon Court
Sandyford, Dublin 18
Ireland
13.Data Protection Authority
Subject to applicable law, if you are a citizen or
resident of the European Economic Area, you also have the right to (i) object
to Chart Neo's use of your personal information and (ii) lodge a complaint
with your local data protection authority or the United Kingdom Information
Commissioner's Office, which is Chart Neo's lead supervisory authority in
the European Union.
Ireland Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, D02 RD28, Ireland
Telephone: (01) 765 01 00
Fax: 01625 524510
Web:
https://ico.org.uk/global/contact-us/
14.Children
Chart Neo does not knowingly collect any personal
information from children under the age of 13 and children under 13 are not
permitted to register for an account or use our Services. If you believe that a
child has provided us with personal information, please contact us at
help@chartneo.com. If we become aware that a child under age 13 has
provided us with personally identifiable information, we'll delete it.