Terms of Service
Terms of Service
LAST UPDATED: May 17th, 2023
These Terms of Service (the “Terms”) are a legal agreement between Easy Healthcare Corporation (“Easy Healthcare”, “Company,” “we,” “us” or “our”) and you. These Terms describe the terms and conditions on which we will offer you access to our website (“Site”), software (as further defined herein) and mobile application (“App”) (the site, software and app together are called “Premom” or the “Services”). By downloading, accessing, or using the services, you acknowledge and agree that you have read and understand these terms, and that the provisions, disclosures and disclaimers set forth herein are fair and reasonable.
These Terms contain warranty disclaimers and other provisions that limit the liability of Easy Healthcare. Please read these terms and conditions carefully and in their entirety, because accessing or using the Services constitutes your acceptance of these terms. The software is copyrighted and licensed and is not sold.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD PROMPTLY UNINSTALL THE SOFTWARE.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS, YOU ARE NOT PERMITTED TO INSTALL, COPY, USE, OR TRANSFER THE SOFTWARE AND YOU WILL NOT HAVE ANY RIGHTS HEREUNDER TO THE SOFTWARE OR TO USE THE SERVICES.
- Medical Advice Disclaimer:
We are NOT A LICENSED MEDICAL CARE PROVIDER AND PREMOM IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSE, OFFER ANY MEDICAL ADVICE, DIAGNOSIS, OR TREATMENTS, OR SERVE AS A BIRTH CONTROL METHOD OR CONTRACEPTION.
EASY HEALTHCARE PROVIDES THE SERVICES, INCLUDING THE RELATED INFORMATION AND CONTENT (COLLECTIVELY, “INFORMATION”) FOR INFORMATIONAL PURPOSES ONLY. We disclaim the practice of medicine pursuant to the services.
IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE CALL YOUR LOCAL EMERGENCY NUMBER OR GO TO THE NEAREST EMERGENCY ROOM.
ALWAYS CONSULT YOUR PHYSICIAN AND ANY OTHER APPROPRIATE HEALTHCARE PROFESSIONALS IF YOU HAVE ANY MEDICAL QUESTIONS, CONCERNS ABOUT MEDICAL CONDITIONS, OR ANY OTHER CONCERNS RELATING TO YOUR HEALTH. The one-on-one consultations made available through the services are not intended to replace the advice, analysis, treatment, or judgment of your healthcare provider.
YOU HEREBY AGREE THAT YOU SHALL NOT MAKE ANY HEALTH OR MEDICAL-RELATED DECISION BASED IN WHOLE OR IN PART ON ACCESS OR USE OF THE SERVICES OR ANY INFORMATION PROVIDED THROUGH THE SERVICES. Easy Healthcare will have no liability to you or any third party for your reliance on any information provided through the services. You assume all risk and liability for your use of, or reliance on, the software or any information provided through the services.
- Changes to Terms
2.1. Easy Healthcare reserves the right to add, remove, or modify any portion of these Terms at any time. You are obligated to check these Terms for any changes or modifications thereto. Changes and modifications to these Terms will be effective immediately. . Your continued use of the Services after the changes have been posted indicate that you agree to and accept these changes.
2.2. The Effective Date of these Terms is set forth at the top of this page. As of the Effective Date, the amended Terms supersede all previous versions of our agreements, notices or statements about these Terms.
2.3. Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with the features. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply.
2.4. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the Services to which they relate. These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail for the Services to which the Additional Terms apply.
- The Services
The Services permit you to report personal information and health data, including but not limited to demographics, self-reported medical history, biometric data, psychosocial data, social media accounts, authentication information, inventory of installed applications on your device, phonebook or contact data, microphone and camera sensor data, and other information that you can link with the App (collectively, the “Data”) and transmit the Data to Easy Healthcare, as well as to Consultants (as set forth in Section 6 below) through use of the Services.
- Using the Services.
4.1. You must be 16 years or older to be eligible to use the Services. If you are under 18, your parent or guardian must review and accept the terms of this Agreement, and by using the App, you confirm that your parent or guardian has so reviewed and accepted this Agreement.
4.2. You are required to create an account (“Account”) to use certain features of the Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services. You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes. Easy Healthcare treats access to the Services through your Account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited. Easy Healthcare may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify Easy Healthcare using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.
4.3. If you share your Account username and password with another person, that person may be able to view personally identifiable health information about you.
4.4. You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.
4.5. You understand and agree that all of your activities within the Services will be tracked.
4.6. Easy Healthcare does not provide any warranty regarding the Services’ operation in accordance with its intended use or any other use, as further set forth below.
- Prohibited Use of the Services
5.1. You shall access and use the Services only as permitted by Easy Healthcare and not for any unintended or unlawful purpose. In addition to the Software license restrictions set forth below, you agree that you will not (and you agree not to encourage or allow any third party to):
5.1.1. Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts or Easy Healthcare’s computer systems or networks.
5.1.2. Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
5.1.3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services, or cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
5.1.4. Use the Services to advertise, buy or sell any products or services;
5.1.5. Reformat or frame any portion of the web pages that are part of the Services;
5.1.6. Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type; or
5.1.7. Create an Account under fraudulent pretenses.
5.2. You can stop all collection of information by the App by uninstalling it. You may use the standard uninstall processes available as part of your mobile device or via the App Platform (as defined herein).
6.1. Easy Healthcare makes available one-on-one consultations in certain instances provided through the Site and/or App. Consultations provide you with a defined amount of time (“Minutes”) for an individual consultation with an independent fertility consultant (“Consultant”) or licensed healthcare practitioner (“Practitioner”, and collectively with Consultants, “Providers”). Please note that Consultants are not medical professionals, and no Providers will provide any medical advice, diagnosis, or treatment via the Services. This feature is currently only eligible to users with an iOS device.
6.2. The consultations are conducted via a video call using a third-party service provider and must be scheduled at least 48 hours in advance in the App. The number of Minutes you have will be shown in your account in Premom and may change from time to time. You may allocate your available Minutes to one or more calls with pre-set durations as set forth by Easy Healthcare. If a call exceeds your available Minutes, you can purchase follow-up packages of additional minutes. The exact time slots and follow-up packages are subject to change. You may cancel or reschedule an appointment up to 24 hours before the scheduled time. Cancelations or rescheduling after that point, as well as no-shows, lead to a subtraction of the originally scheduled time from your call credit.
6.3. Easy Healthcare does not provide or facilitate any professional healthcare services. The Providers are independent of Easy Healthcare and only using the Services to communicate with you. Any information, education or advice received from a Provider through the Services comes from and is the sole responsibility of the Provider, and does not come from Easy Healthcare. Your interactions with the Providers via the Services are not intended to replace your relationship(s) with your regular healthcare practitioner(s).
6.4. Neither Easy Healthcare nor any of its licensors or suppliers or any third parties who promote the Services or provide you with a link to the Services shall be liable for any information, education or advice you obtain from a provider via the services nor for any information obtained from the services. Any information, education or advice is provided in the provider’s sole discretion and is not the responsibility of easy healthcare. YOU ACKNOWLEDGE YOUR RELIANCE ON ANY PROVIDERS OR INFORMATION PROVIDED BY OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.
6.5. While Easy Healthcare takes steps to verify the information provided by the Providers on their profiles, Easy Healthcare does not make any representations or warranties about the training or skill of any Providers available through the Services. Easy Healthcare does not recommend or endorse any specific Provider that may be mentioned on the Site or App. In no event will Easy Healthcare be liable to the user or anyone else for any decision made or action taken by the user or anyone else on basis of the information provided on the Site and/or App or through the Services. You are ultimately responsible for choosing your particular Provider on the Services.
6.6. You hereby certify that you are physically located in the State you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification. IN THE EVENT THAT YOUR CERTIFICATION IS INACCURATE, YOU AGREE TO INDEMNIFY EASY HEALTHCARE AND THE PROVIDERS YOU INTERACT WITH FROM ANY RESULTING DAMAGES, COSTS, OR CLAIMS.
6.7. Prior to scheduling any one-on-one virtual consultation, you must sign a consent form acknowledging that Easy Healthcare may use and disclose your Data within the Services to Providers. By scheduling the consultation, you consent to the informational and educational consultation. You agree to hold harmless Easy Healthcare and any Consultant or Provider from all liability and damages resulting from the lawful use and disclosure of your Data.
- Payment Authorization
7.1. The Provider you choose and access for a consultation through the Services will have certain fees associated with the consultations they provide you via the Services. Easy Healthcare provides a payment service to collect the consult fees from you on behalf of the Provider. Your payment is processed through secure third-party payment gateway services.
7.2. By providing a credit card or other payment method accepted by Easy Healthcare (“Payment Method”), you are expressly agreeing that we are authorized to charge to the Payment Method (i) to collect payment from you on behalf of the Providers providing you the consultation(s); and (ii) any fees for your use of the Services, together with any applicable taxes. You agree that authorizations to charge your Payment Method remain in effect until you cancel them in writing, and you agree to notify Easy Healthcare of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the consultations or Services that correspond to consultation fees.
7.3. You acknowledge and agree that fees for consultations may increase at any time.
- 9-Cycle Money-Back Guarantee.
8.1. We offer users a 9-Cycle Money-Back Guarantee Program (“9-Cycle Program”). Our 9-Cycle Program is our commitment to help you achieve your highest chance of a natural pregnancy. If you elect to participate in the 9-Cycle Program and you are not able to conceive within 9 cycles, you may be eligible for a full refund of all your Easy@Home or Premom branded ovulation and pregnancy test purchases and Easy@Home digital and smart basal thermometers (hereafter called “Eligible Products”). Subscriptions under Section 25 herein and any associated benefits are not Eligible Products and any fees paid for Subscriptions are not refundable under the 9-Cycle Program. Likewise, consultation services under Section 6 herein and the “Ask an Expert” service under Section 24 herein are not Eligible Products and any fees paid for those services are not refundable under the 9-Cycle Program. Please note that Premom app, Easy@Home and Premom products cannot guarantee pregnancy. However, we can provide you with the optional opt-in privileges and promise to reimburse you for your Eligible Products used for the cycles you didn’t get pregnant.
8.2. You may be eligible to receive a full refund on the Eligible Products if the following conditions are met:
8.2.1. You signed-up for our 9-Cycle Program.
8.2.2. You uploaded your ovulation and pregnancy test results or recorded your basal body temperature to the Premom app in each menstrual cycle. Thermometers, ovulation and pregnancy tests uploaded must be those included as an Eligible Products.
8.2.3. Your luteinizing hormone (LH) peak was detected and appeared in your Premom chart in each cycle OR your basal body temperature (BBT) spike and coverline were detected and appeared in your Premom chart in each cycle.
8.2.4. You have had intercourse on your peak fertility day and ovulation day in each menstrual cycle and logged it in Premom. Peak fertility day is defined as the day your ovulation tests reach their highest detected luteinizing hormone level which generally occurs 24-36 hours before ovulation day.
8.2.5. You did not get pregnant after 9 complete cycles upon starting this program. A cycle is the first day of your period and the last day before the start of your next period. A ‘complete’ cycle is defined as achieving green bars which appear if you have properly uploaded ovulation tests and pregnancy tests and found LH peak OR logged BBT and found the BBT spike and coverline. You must have had intercourse on your peak fertility day and ovulation day in each menstrual cycle and logged the activity in Premom during the cycle. These complete cycles do not need to be consecutive, as long as a 2-cycle gap is not exceeded.
8.2.6. You are the original purchaser of all Eligible Products and your Order ID is searchable by us from Amazon.com, Walmart.com, Premom.com, Healthcare-manager.com, or any other stores authorized or owned by Easy@Home and Premom. The original purchaser must submit their Order ID’s when submitting a refund request.
8.2.7. The quantity of Eligible Products submitted for a refund does not exceed 150% of your uploaded tests on the App.
8.3. If the above conditions are met, you may submit a refund form. By submitting this refund form, you allow Premom to have access to your chart history to review whether or not you have met all of the refund criteria. All of your Data and test results must be authentic. Modifying past cycle's data or tests can result in the loss of the listed privileges, including your money back on all eligible products.
8.4. You are also eligible for the following privileges after signing up for the program:
8.4.1 If you are an iOS device user, a free consultation after 6 complete cycles of trying and not getting pregnant upon starting the program. 9-Cycle Program providers will be chosen from a preselected group. A fertility provider qualified for the free consultation will be noted by a “9” symbol on the provider’s main profile. In order to qualify for this consultation:
(a) You must fulfill 6 green bars. Green bars appear if you have properly uploaded ovulation tests and pregnancy tests and found LH peak OR logged BBT and found the BBT spike and coverline. You must have had intercourse on your peak fertility day and ovulation day in each menstrual cycle and logged the activity in Premom during the cycle.
(b) You must use Easy@Home and/or Premom branded products.
(c) The consultation service is currently only available to users with an iOS device within the United States and Canada, unless otherwise stated. Premom will only compensate for one fertility consultation as part of the guarantee program, whether or not the Premom user is in attendance.
8.4.2 More accurate analytics and prediction
(a) More precise and accurate predictions come from continuously uploading ovulation tests and BBT data for at least 9 cycles together with the Premom app as well as following the program’s conditions each cycle.
8.4.3 Personal cycle insights
8.5 According to the requirements of the 9-Cycle Program, all of your data and test results must be authentic. Modifying past cycle's data or tests can result in the loss of the listed privileges, including your money-back on all Eligible Products.
8.6 Please visit our money-back guarantee page for more details: https://premom.com/pages/money-back-guarantee-program
The Services are protected using commercially reasonable security measures. While such security reasonably protects your Data and use of the Services, if you have concerns regarding the security of your Data or the use of the Internet to communicate your personal or health information, you should consider not using the Services. You understand that Easy Healthcare takes no responsibility for and disclaims any and all liability or damages arising from you sharing or losing your Account or password. If Easy Healthcare has reason to believe that there is likely to be a breach of security or misuse of your App user account, your participation in the Services and use of the App may be suspended or discontinued by Easy Healthcare without prior notice.
- Software Licenses; General Restrictions
10.1. License Grants
10.1.1. Subject to the terms and conditions of these Terms, Easy Healthcare hereby grants to you, and you accept, a non-exclusive, non-transferable license to install and use on your mobile device the Premom software provided to you by Easy Healthcare in the original, unmodified, machine-readable, object code form only, including, without limitation, any data structures created by such programs, and all upgrades, enhancements, and new version releases of any of the foregoing that Easy Healthcare may provide to you from time to time (collectively referred to as the “Software”).
10.1.2. Certain computer software components licensed by one or more third parties may be provided with the Software. Easy Healthcare grants you a non-exclusive, non-transferable license to use one copy of any third-party software provided by Easy Healthcare with the Software (“Third-Party Software”) on the terms herein and such terms (if any) as may be set forth in the Software’s documentation (including any additional terms therein). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL THIRD-PARTY SOFTWARE IS PROVIDED “AS IS” AND WITH ALL FAULTS. THE PROVISIONS REGARDING DISCLAIMER OF WARRANTIES, EXCLUSION OF CONSEQUENTIAL AND CERTAIN OTHER DAMAGES AND LIMITATION OF LIABILITY BELOW APPLY TO SUCH THIRD-PARTY SOFTWARE.
10.2. General License Restrictions. You will use the Software (i) only for your personal purposes, only for your direct benefit, and not for the purposes of any third party nor for any timesharing, rental, Internet, or application service provider, commercial hosting services, or service bureau basis, and (ii) only to the extent it is licensed hereunder and provided you have paid all license fees, if any, for the Software. You will not, without Easy Healthcare’s prior written consent in each instance, voluntarily or involuntarily in any form or manner assign, sublicense, transfer, pledge, lease, network, rent, loan or share the Software or any rights under these Terms to or with any other person or entity, including, without limitation, any assignment or transfer incident to merger or consolidation with another entity, or any assignment or transfer by operation of law. Any such assignment, sublicense, transfer, pledge, lease, network, rental, loan, or sharing absent Easy Healthcare’s prior written consent will be void and of no force or effect and will cause the immediate termination of these Terms. Furthermore, you will not publish, disclose, or otherwise display in writing, electronically or otherwise, any part of the Software without Easy Healthcare’s prior written consent in each such instance, any such publication, disclosure, or display absent Easy Healthcare’s prior written consent which will cause the immediate termination of these Terms.
10.3. Use Restrictions. You will use the Software only in its original form, and will not reverse engineer, decompile, disassemble, decrypt, re-engineer, reverse assemble, reverse compile, or otherwise translate or create, attempt to create the source code of the Software or its structural framework (in whole or in part), or perform any process intended to determine the source code for the Software, or assist or otherwise facilitate others any of the foregoing. You will not modify, enhance, or create derivative works based upon the Software (in whole or in part), including, without limitation, any derivative works based upon the database structures of the Software, or otherwise change the Software. You agree that any modification, enhancement, derivative work, or other improvement to the Software developed by Easy Healthcare or you, whether with or without the consent, advice, and/or support of Easy Healthcare, will be Easy Healthcare’s exclusive property and subject to and governed under the terms and conditions of this these Terms, and you hereby assign to Easy Healthcare all such rights, title, and interest therein.
10.4. Limitations On Use. The Software is a fertility tracking application used to gather age and menstrual cycle information. The Software does not provide any diagnostic or clinical functions. THE SOFTWARE DOES NOT REPLACE THE ADVICE OR DIAGNOSIS OF A TRAINED, LICENSED PHYSICIAN. THE SOFTWARE DOES NOT REPLACE REGULAR VISITS OR CHECKUPS WITH A GYNECOLOGIST OR OTHER LICENSED PHYSICIAN. PLEASE CONSULT A PHYSICIAN PRIOR TO USING THE SOFTWARE. THE SOFTWARE ALLOWS YOU TO TRACK YOUR MENSTRUAL CYCLE AND OVULATION FOR OPTIMAL FERTILITY PURPOSES. EASY HEALTHCARE MAKES NO REPRESENTATIONS OR WARRANTIES ON THE ABILITY OF THE SOFTWARE TO HELP YOU SUCCESSFULLY CONCEIVE A CHILD. The Software and any content created or entered into the Software is stored on your mobile device. The content and Data that you store in the Software is restricted and protected by a password created and selected by you. Easy Healthcare does not track or retain user passwords or user content. You are solely responsible for passwords, your content, and the risk of loss of your content and the risk of inability to access your content due to a forgotten password. Easy Healthcare is not able to retrieve lost content or content that is password protected for which you have forgotten the password. Do not send any content created by the Software through email. EASY HEALTHCARE MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE COMPLIES WITH THE HIPAA REGULATIONS.
- Ownership of Content
You acknowledge and agree that: (i) the Software is licensed and not sold; (ii) by accepting the licenses set forth in these Terms, you acquire only the right to use the Software in accordance with the terms of these Terms, and that Easy Healthcare, or its licensors, will retain all rights, title, interest, including all associated patent, copyright, trademark, trade dress, trade secret, and other proprietary rights in and to the Software; and (iii) the Software, including the source and object codes, logic and structure, constitute valuable trade secrets of Easy Healthcare. You agree to secure and protect the Software using no less than a reasonable standard of care. This Section will survive any termination of these Terms.
- Software Support
Easy Healthcare will use commercially reasonable efforts to provide technical support for the Software according to Easy Healthcare’s then-applicable support policies. Such technical support shall be available by email communication in the English language, during Easy Healthcare’s regular business hours and subject to further restrictions, which may be set forth on Easy Healthcare’s website or otherwise published by Easy Healthcare and provided or made available to you.
Easy Healthcare has not agreed, and does not agree, to treat as confidential any suggestion, idea, or improvement about the Software that you provide to Easy Healthcare (“Feedback”) and nothing in these Terms will restrict Easy Healthcare’s right to use, profit from, disclose, publish, or otherwise exploit any Feedback without compensation to you.
14.1. You may terminate your Account at any time for any reason effective upon written notice to Easy Healthcare. Easy Healthcare reserves the right to immediately suspend or terminate your Account and access to the Services without notice if Easy Healthcare believes you violated these Terms.
- Links to Other Websites and Services.
The Services may contain links to other websites and services, including social networking (collectively, “Third-Party Content”). Third-Party Content is not under the control of Easy Healthcare, and Easy Healthcare is not responsible for any information or materials on, or any form of transmission received from, any Third-Party Content or linked service. The inclusion of a link does not imply endorsement by Easy Healthcare of the Third-Party Content or any association with the operators of the Third-Party Content or linked service. Easy Healthcare does not investigate, verify or monitor the Third-Party Content. Easy Healthcare provides links to Third-Party Content for your convenience only. You access Third-Party Content at your own risk.
- Software Limited Warranty
Easy Healthcare hereby warrants to you that the Software will perform substantially in accordance with the functional description applicable thereto on Easy Healthcare’s website; provided that you use the Software in accordance with the terms and conditions of these Terms and any applicable directions or requirements in the Software’s documentation. The foregoing warranty is only extended to you and is not transferable to any other person. This warranty will be in effect for 30 days immediately following your receipt of the Software (the “Software Warranty Period”). Your sole and exclusive remedy, and the entire liability of Easy Healthcare and its suppliers and licensors, for any breach of this limited warranty will be, at Easy Healthcare's option, repair or replacement of the Software, if such breach is reported prior to the expiration of the Warranty Period to Easy Healthcare (the “Software Warranty Remedy”). Easy Healthcare may require that you return or certify the destruction of all copies of the Software to Easy Healthcare in order to receive the designated remedy hereunder. Any replacement Software provided pursuant to this Section will be covered by the warranty in this Section for the remainder of the original Software Warranty Period or for 30 days from the date on which you receive such repaired or replacement Software, whichever is longer.
- General Disclaimers.
17.1. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE IS BEING PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND EASY HEALTHCARE HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES AS TO THE CONDITION, NON-INFRINGEMENT, MERCHANTABILITY, DESIGN, OPERATION, AND FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASY HEALTHCARE, ITS RESELLERS AND/OR ITS OR THEIR AGENTS OR EMPLOYEES, WILL BE DEEMED TO CREATE A WARRANTY OR IN ANY WAY INCREASE OR MODIFY THE SCOPE OF THE WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS. IF YOUR LEGAL JURISDICTION PROVIDES THAT A CERTAIN IMPLIED WARRANTY MAY NOT BE DISCLAIMED, SUCH IMPLIED WARRANTY SHALL ONLY APPLY TO DEFECTS DISCOVERED DURING THE PERIOD OF THE EXPRESS SOFTWARE WARRANTY PERIOD PROVIDED HEREIN. THERE IS NO IMPLIED WARRANTY FOR DEFECTS DISCOVERED AFTER THE EXPIRATION OF SUCH SOFTWARE WARRANTY PERIOD. SOME LEGAL JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
17.2. EXCEPT AS EXPRESSLY PROVIDED HEREIN, EASY HEALTHCARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET ALL OF YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY OR ALL DEFECTS WILL BE CORRECTED. EASY HEALTHCARE IS NOT RESPONSIBLE FOR ANY DEFECT OR ERROR RESULTING FROM: (I) THE MODIFICATION, MISUSE, OR DAMAGE OF THE SOFTWARE BY PARTIES OTHER THAN EASY HEALTHCARE OR PARTIES PERFORMING AS A CONTRACTOR TO, AND AT THE DIRECTION OF, EASY HEALTHCARE; (II) YOUR FAILURE TO INSTALL ALL BUG FIXES OR OTHER DEFECT CORRECTIONS WHICH ARE MADE AVAILABLE BY EASY HEALTHCARE; (III) USE OF THE SOFTWARE IN A MANNER INCONSISTENT WITH THE DIRECTIONS PROVIDED IN THE DOCUMENTATION OR AS PERMITTED BY THESE TERMS; (IV) ANY COMPUTER VIRUS; OR (V) ANY DEFECT IN OR FAILURE OF ANY THIRD PARTY’S INDIVIDUAL COMPUTER, EQUIPMENT, NETWORK OR SOFTWARE, OR FOR ANY USER ERROR. EASY HEALTHCARE DOES NOT WARRANT AND WILL HAVE NO LIABILITY WITH RESPECT TO NON-EASY HEALTHCARE SOFTWARE, PRODUCTS, OR SERVICES INCLUDING, WITHOUT LIMITATION, THIRD-PARTY SOFTWARE OR HARDWARE, INTERNET CONNECTIONS OR CONNECTIVITY OR COMPUTER NETWORKS.
17.3. YOU UNDERSTAND THAT EASY HEALTHCARE TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE SERVICES, COMMUNICATION LINES, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE SERVICES.
17.4. YOU FURTHER UNDERSTAND THAT EASY HEALTHCARE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY HEALTH-RELATED INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES.
17.5. EASY HEALTHCARE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY, INCLUDING PROVIDERS.
- Limitations on Liability
18.1. Consequential Damages. IN NO EVENT WILL EASY HEALTHCARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF OR DAMAGE TO DATA OR OTHER PERSONAL OR BUSINESS INFORMATION, LOST PROFITS, OR USE OF THE SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SOFTWARE, INCLUDING THE INSTALLATION, USE OR PERFORMANCE, OR INABILITY TO USE, THE SOFTWARE, EVEN IF EASY HEALTHCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST EASY HEALTHCARE ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, EVEN IF YOU KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO (i) THE USE OR INABILITY TO USE THE SERVICES OR (II) THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICES.
18.2. Waiver of Liability. EASY HEALTHCARE PROVIDES THE SOFTWARE AT NO CHARGE TO USERS. IN CONSIDERATION FOR, AND AS A FUNDAMENTAL AND EXPRESS CONDITION OF ENABLING USE OF THE SOFTWARE WITHOUT CHARGE, AND NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, EASY HEALTHCARE WILL NOT HAVE ANY LIABILITY FOR ANY MATTER ARISING OUT OF THE SUBJECT MATTER OF THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEPT THE SOFTWARE WARRANTY REMEDY AND AS EXPRESSLY REQUIRED BY APPLICABLE LAW. THE LIMITATIONS HEREIN SHALL APPLY EVEN IF THE SOFTWARE WARRANTY REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY OR ALL LOSSES, OR IF EASY HEALTHCARE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF CONSEQUENTIAL DAMAGES. SOME LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IF YOU RESIDE IN CERTAIN JURISDICTIONS. THE APPLICATION OF SOFTWARE DOES NOT FUNCTION AS A DIAGNOSIS TOOL AND ITS PREDICTION ACCURACY HAS LIMITATION DEPENDING ON THE DATA YOU PROVIDED.
18.3. The foregoing disclaimers of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Easy Healthcare would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
- Compliance with Export Laws.
You acknowledge that the Software is subject to laws and regulations of the United States restricting the export thereof to foreign jurisdictions. You agree to comply with all applicable United States and foreign international laws, including, without limitation, the rules and regulations promulgated from time to time by the Bureau of Export Administration, United States Department of Commerce. Without limiting the foregoing, you will not download, and if downloaded will not install or will immediately uninstall and destroy, the Software if your download, installation, or use of the Software is prohibited under applicable laws. By installing or using the Software, you agree to the foregoing and certify that you are not located in, under the control of, or a national or resident of any country or on any list of countries to which the United States has embargoed goods or on the United States Treasury Department’s list of Specially Designated Nations or the United States Commerce Department's Table of Denial Orders. You will not export, re-export, transfer, or divert directly or indirectly, the Software, documentation, or other information or materials provided hereunder, or the output thereof, to any restricted place or person for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. Easy Healthcare has no responsibility for your compliance with such laws and regulations. You hereby agree to indemnify and hold harmless Easy Healthcare from and against all claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, to the extent such claims arise out of any breach of this Section.
- International Use
Subscriptions under Section 25 herein and the “Ask an Expert” service under Section 24 are intended for use by people across the world. Consultation services under Section 6 herein is intended for use by residents of the United States and Canada. We do not intentionally provide access to the above Services to individuals located outside one of the listed countries. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Easy Healthcare or its affiliates to any registration requirement within such jurisdiction or country.
Premom App is used by people across the world and may provide alternative language settings throughout the App. We use professional translators and proofreaders to translate communications and language within the application as accurately as possible. However, please know we cannot guarantee the accuracy of all our translations.
21. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF.
21.1. ARBITRATION: In the interest of resolving disputes between you and the Company in an expedient and cost-effective manner, and to the fullest extent permitted under applicable law, you and the Company agree that any dispute, claim or controversy arising out of or relating to this Agreement (collectively, “Disputes”) shall be settled by binding individual arbitration under the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”) then in effect, except as modified in this Agreement. The AAA Rules and filing forms are available online at www.adr.org.
21.2. Users Outside the US: If you are a resident of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
21.3. SMALL CLAIMS COURT: Instead of arbitration, you and the Company each retain the right to bring any Dispute in any small claims court with jurisdiction over the Dispute.
21.4. PLACE OF ARBITRATION/ CONDUCT OF HEARING(S): If you reside in the United States, then the place of the arbitration shall be, at your option, either (a) the state where you reside, or (b) Illinois. If you reside outside the United States, then the Arbitrator shall determine the place of arbitration based on the factors stated in the AAA Rules. Regardless of the place of arbitration, the Company agrees that any required arbitration hearing(s) may be conducted, at your option, by phone or video conference rather than in person. The arbitration may also be decided solely on the submission of documents to the Arbitrator, if you and the Company both so agree (which agreement must be made in writing and provided to the Arbitrator). The procedural law applicable to the conduct of the arbitration shall be the law of the place of arbitration and the AAA Rules. The Federal Arbitration Act shall govern all arbitration proceedings (and any related and/or resulting court proceedings) in the United States.
21.5. NOTICE OF DISPUTE/ INFORMAL SETTLEMENT EFFORTS: At least 30 days prior to initiating an arbitration, you and the Company each agree to notify the other party of the dispute in writing (the “Notice of Dispute”) and attempt in good faith to negotiate an informal resolution. You must send your Notice of Dispute to: email@example.com. The Company will send any Notice of Dispute to the email address associated with your Account. A Notice of Dispute must include: the name of the person bringing the Dispute and that person’s contact information, a brief description of the dispute, and the relief sought. If you and the Company are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (see www.adr.org) with the American Arbitration Association and providing a copy to the other party as specified in the AAA Rules.
21.6. FORM, EFFECT, AND SCOPE OF ARBITRATION AWARD: The Arbitrator’s judgment and award shall be final, binding and enforceable, subject to review only in accordance with applicable law governing the enforcement and annulment of arbitration awards. Judgment on the Award may be entered in any court with proper jurisdiction, pursuant to applicable law. The Arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis to the extent necessary to provide relief warranted by the claimant’s individual claim.
21.7. ARBITRATION FEES AND COSTS: Your share of administrative fees and arbitrator fees and costs shall be governed by the AAA Rules. Either party may request the Arbitrator to award the requesting party some or all of its attorneys’ fees and costs (in addition to some or all of its administrative fees and arbitrator fees and costs) upon proving that the other party has asserted a claim, cross-claim, or defence that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, pursuant to applicable law and the AAA Rules.
21.8. ARBITRATION OPT-OUT: You can decline this agreement to arbitrate by sending a written communication to firstname.lastname@example.org, postmarked within 30 days after first accepting this Agreement. Your written communication must provide your name and the email address associated with your Account and must state that you decline this arbitration agreement.
21.9. CHANGES: If the Company changes this Section 21 after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject that change by sending us written notice to email@example.com, postmarked within 30 days of the date on which the change is effective. Rejecting a change, however, does not revoke or alter your prior consent to any earlier agreement to arbitrate any Dispute between you and the Company (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and the Company.
21.10. COURT PROCEEDINGS: Consistent with the AAA Rules and applicable law, nothing in this Section 21 will be deemed to waive, preclude, or otherwise limit the right of either party to (i) bring an individual action in small claims court, where such court has jurisdiction over the Dispute; (ii) seek injunctive or interim relief from a court with jurisdiction to provide such relief; (iii) seek aid in support of the arbitration under applicable law; or (iv) seek to enforce or vacate (in whole or in part) the award under applicable law. If applicable law does not allow the arbitration of Disputes under this Agreement, then either you or the Company may instead commence dispute resolution proceedings in any court that has jurisdiction over the Dispute, and where venue is proper, subject to the terms of Sections 21.11 and 21.12 below and all terms outlined in Sections 1-20 and 22-26.
21.11. IN ADDITION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND THE COMPANY UNCONDITIONALLY WAIVE ANY RESPECTIVE RIGHTS TO A JURY TRIAL.
21.12. ADDITIONAL PROVISIONS APPLICABLE TO ALL DISPUTE RESOLUTION: The following additional provisions are applicable to the resolution of all Disputes, to the fullest extent allowed by applicable law, regardless of whether brought in arbitration, court, or any other type of formal dispute resolution proceeding:
21.12.1. Time Limitation: Any Dispute shall be time-barred unless the party asserting the Dispute commences formal dispute resolution proceedings within one (1) year after the basis for such Dispute became known or should have become known to the party asserting the Dispute, provided, however, that the one-year period shall be deemed suspended during any informal settlement discussions following the receipt of a Notice of Dispute by any party pursuant to Section 21.5 above.
21.12.2. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
21.12.3. No Consolidation: You and the Company acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate in a consolidated proceeding.
22. Governing Law
22.1. To the fullest extent permitted pursuant to applicable law, this Agreement shall be governed by the laws of the State of Illinois, U.S.A. (to the exclusion of its conflict of law rules).These Terms will be construed and enforced without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act.
- General Provisions.
23.1. Notices. Any notices, demands, or other communications required or permitted under these Terms will be in writing and will be deemed effectively delivered to the party: (i) by email using a method that positively establishes receipt of the email by the recipient; (ii) by personal, same or next day delivery; or (iii) by commercial overnight courier with written verification of delivery; in each case addressed to the party for whom it is intended at the address for such party as last provided to the other. All notices so given will be deemed given upon the earlier of receipt or 3 days after dispatch.
23.4. Attorneys’ Fees. In any action to interpret or enforce these Terms, the prevailing party will be awarded all court costs and reasonable attorneys’ fees and costs and expenses of investigation incurred.
23.5. Waiver. The waiver by any party hereto of a breach or a default of any provision of these Terms by another party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party.
23.6. Cumulative Remedies. Except as otherwise provided in these Terms, all remedies of the parties hereunder are non-exclusive and are in addition to all other available legal and equitable remedies.
23.7. Headings. Captions and headings contained in these Terms have been included for ease of reference and convenience and shall not be considered in interpreting or construing these Terms.
23.8. Assignment; Successors. The terms and conditions of these Terms will inure to the benefit of and be enforceable by the parties hereto and their permitted successors and assigns; provided, that the only permitted successor or assignee shall be a party that acquires all or substantially all of the business and assets of Easy Healthcare, whether by merger, sale of assets or otherwise by operation of law. You will not assign these Terms, or any right, interest or obligation under these Terms, or in or relating to the Software. Any attempted assignment or delegation in contravention of this provision shall be void and ineffective.
23.9. Severability. Unless specifically identified above, if any provision of these Terms is unenforceable for any reason, other terms are unaffected.
23.10. Construction of Agreement. Each party agrees that in the event that these Terms or any other documents delivered in connection with the transactions contemplated by these Terms contain any ambiguity, such ambiguity will not be construed or interpreted against the drafting party. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of these Terms, which will be considered as a whole.
- Ask an Expert.
24.1. CONSENT. Upon submitting a question, you consent that Easy Healthcare may use and disclose your Health Information and Individually Identifiable Health Information within the Services to our Experts answering your questions. Experts are trained to provide educational advice and respond to your questions concerning fertility, menstrual cycles, pregnancy, and related information. Experts may be licensed health care professionals, and they may also be non-licensed employees who have been trained to respond to consumers’ questions related to fertility and pregnancy. Expert Services are intended for educational and informational purposes only. None of our Services, including our Expert feature, are intended to offer any medical advice, diagnosis, or treatment. None of the information available through our Expert Services should be construed as the practice of medicine.
24.2. Experts will only view your Health Information if necessary to provide a more personalized and insightful response. By submitting a question in our ‘Ask an Expert’ Service, you consent to an informational and educational response. You agree to hold harmless Easy Healthcare and any Expert from all liability and damages resulting from the lawful use and disclosure of your Personal Information and Health Information.
24.3. This educational service offers users the ability to ask any fertility-related question and receive a response from an expert within approximately one business day. Business hours are from 9:00 AM to 5:00 PM Central Standard Time in the United States, Monday thru Friday, excluding United States federal holidays. Experts are carefully selected fertility specialists and Easy Healthcare customer service specialists who are trained and qualified to answer educational questions. As used herein Section 24, “content” refers to any text, image, video, graphic or other material uploaded, downloaded or appearing on the “Ask an Expert” service. Please note that Experts are not medical professionals, and no Experts will provide any medical advice, diagnosis, or treatment via the Services.
24.4. Only one question may be asked per submission. In the case multiple questions are asked under one submission, the expert will only be obliged to answer the first question in the submission.
24.5. You agree to only submit fertility-related questions that describe a general situation and/or symptom, and withhold enough information so the question does not reflect, identify, or make identifiable a specific individual, including yourself or another user. Questions that do not comply with these terms will not be answered. Experts have the sole discretion to determine if a question complies with these terms.
24.6. Content that is inappropriate, racial, sexual, abusive, threatening, defamatory, hateful, offensive, harmful or otherwise violates the law content will not be permitted. Experts will not respond to such content and, upon receiving such content, Easy Healthcare will automatically revoke the offending user’s privilege to use this service in the future.
24.7. Experts will generally respond within one standard business day. Question answer times will vary depending on time of question asked, availability of experts, question demand, and difficulty of question asked. In the case an expert does not respond to an answer within one business day, a refund will be issued back to the user's account and a new expert will be notified to respond to the user’s question free of charge.
24.8. Premom’s selected experts are trained and qualified on reading graphs and charts provided from the Premom application. Experts may not respond fully to content attached to a question that reflects charts or other materials that are not directly from the Premom app.
24.9 Expert responses to questions will vary in length, truthfulness, accuracy, completeness and/or reliability and are solely offered for educational purposes. Easy Healthcare does not endorse any opinions the experts may express in response to answers.
24.10. Expert responses to questions will be in the English language no matter what language the question was originally asked in.
24.11. ANONYMITY. When you submit questions for public viewing in the Expert’s Q/A Library, your Personal Identifiable Information (“PII”) will not be shared with any other users. More specifically, users may be prompted to give permission to allow their question and any subsequent answer to be published on the Premom public question and answer board for other users’ viewing. Public viewing of such questions is a paid benefit for Subscriptions.
24.12. EXTERNAL LINKS. Experts may provide external links to third-party websites. You acknowledge that Easy Healthcare is in no way responsible or liable for any information, content, or opinions expressed on those websites or for the accuracy, relevance, correctness, or timeliness thereof. This may include but is not limited to: infographics, products, videos, content, opinions, advice, affiliates and other third party information.
24.13. Upon submitting a question, you consent that Easy Healthcare may use and disclose your Data within the Services to our Experts answering your question. Experts will only view your Data if necessary to provide a more personalized and insightful response. By submitting a question in our ‘Ask an Expert’ Service, you consent to the informational and educational response. You agree to hold harmless Easy Healthcare and any Expert from all liability and damages resulting from the lawful use and disclosure of your Data.
24.14. NEITHER EASY HEALTHCARE NOR ANY OF ITS LICENSORS, SUPPLIERS, BUSINESS PARTNERS, PROVIDERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY INFORMATION, EDUCATION OR ADVICE YOU OBTAIN FROM AN EXPERT VIA THE SERVICES OR FOR ANY INFORMATION OBTAINED FROM THE SERVICES. ANY INFORMATION, EDUCATION OR ADVICE IS PROVIDED IN THE EXPERT’S SOLE DISCRETION AND IS NOT THE RESPONSIBILITY OF EASY HEALTHCARE. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY OF THE EXPERTS OR INFORMATION PROVIDED BY OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EASY HEALTHCARE MAKES NO GUARANTEES, CLAIMS, OR DECLARATIONS ABOUT THE FOLLOWING:
- Service interruptions, data loss, hacking, viruses, errors, glitches.
- The accuracy, relevance, correctness, and timeliness of content, infographics, advice, opinions, data, links, third-party links provided through the service.
24.15. You acknowledge that Easy Healthcare has the sole rights to use and access user questions and any subsequent answer for purposes such as, without limitation, training experts, quality control, Expert Q&A Examples and other uses the Company deems appropriate for the broader benefit of its users.
24.16. MEDICAL QUESTIONS. Medical-related questions asked on this service will not be answered. This may include, but is not limited to:
- Maternal Care
- Family Medical History
LIKE ALL SERVICES WE OFFER, THIS SERVICE IS SOLELY EDUCATIONAL AND INFORMATIONAL IN NATURE. EASY HEALTHCARE AND ITS DESIGNATED EXPERTS DO NOT PROVIDE, AND USERS SHOULD NOT SEEK, ANY MEDICAL ADVICE, TREATMENTS, OR DIAGNOSES THROUGH THIS FEATURE.
24.17. Question Credits. Premom may offer you the ability to acquire licenses to in-app currency (“Question Credits”), such as by: (a) purchasing a limited license to use Question Credits for a fee (“Purchased Question Credits”), or (b) earning a limited license to use Question Credits by performing or accomplishing specific tasks in the app. Also, Premom may facilitate the exchange of certain content through the app, in some cases for a fee. You may only use such Question Credits if you pay the associated fee (if any). When you earn or pay the fee to obtain such Question Credits, you are obtaining or purchasing from Premom the right to have your license include such Question Credits. Regardless of any references Premom may make outside this Agreement to purchasing or selling Question Credits, both Question Credits are licensed, not sold, to you under the license.
Question Credits are not redeemable for money or monetary value from Premom or any other person, except as otherwise required by applicable law. Question Credits do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither Premom nor any other person or entity has any obligation to exchange Question Credits for anything of value, including, but not limited to, real currency. You agree that Premom may engage in actions that may impact the perceived value or purchase price, if applicable, of Question Credits at any time, except as prohibited by applicable law.
All purchases of Purchased Question Credits are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. Premom, in its sole discretion, may impose limits on the amount of Question Credits that may be purchased, earned, accumulated, redeemed or otherwise used.
Except as otherwise prohibited by applicable law, Premom, in its sole discretion, has the absolute right to manage, modify, substitute, replace, suspend, cancel or eliminate Question Credits, including your ability to access or use Question Credits, without notice or liability to you. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Question Credits except within the app and as expressly permitted by Premom.
Except as otherwise prohibited by applicable law, Premom reserves and retains all rights, title, and interest, property or otherwise, in and to the Question Credits. The license to Question Credits under the License will terminate upon termination of the License and as otherwise provided herein.
When you provide payment information to Premom or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you, and you authorize Premom to charge such payment method for the full amount of the transaction.
24.18. Redemption. We offer the “Ask an Expert” service in exchange for a single payment per question. Questions are paid for in Question Credits. One Question Credit is redeemable for one question. Question Credits can be purchased through credit card, Apple Pay or Google Pay.
24.19. Refunds. Refunds for “Ask an Expert” will only be issued if a submitted question was not answered within one business day upon submission of the question, excluding holidays and weekends. No other refunds or exchanges will be issued in connection with this service. If you are eligible for a refund, depending on your bank, it may take up to 14 business days for the refund to be reflected in your account.
24.20. COPYRIGHT. Easy Healthcare is not responsible or liable for an expert’s use of any copyrighted or trademarked material. If you believe the answer to any of your questions may have been copyrighted, please contact firstname.lastname@example.org with additional information on the specific case so Easy Healthcare may further assess.
- Premom Premium Subscription
25.1. The App offers Premium subscriptions that may provide additional information and analysis. Premium subscriptions are each referred to as “Subscriptions”, “Membership” or “Premium” in these terms.
As part of your Membership, you may obtain access to certain features and services available to subscribers (the “Benefits”). Some of our subscriptions include a free trial or promotional period, where you can experience the Premium services for a specified amount of time at no cost. Restrictions may apply to the availability of the free trial or promotional period (for example, you may not be able to sign up for a free trial if you have previously signed up for a free trial), and certain benefits of full subscription may not be available or may be limited during the free trial or promotional period. Subscription with the free trial or promotional period will automatically renew to a paid subscription once your trial period expires. If you decide to unsubscribe from a paid subscription before we start charging your payment method, cancel the subscription before the free trial period ends. In the event you purchase Premium services before the end of your trial period, you will forfeit the remainder of the free trial or promotional period.
You acknowledge that Premom may charge a fee for the use of any benefits associated with Membership, provided that Premom notifies you of any such fee before you incur it for the first time. Subject to the foregoing, you agree to pay any fees incurred by you. Your agreement to purchase Membership includes an “auto-renewal” feature, you agree that you may only terminate such auto-renewal in accordance with the processes described below under “Payment” or as may be specifically set forth on the Premom App.
In the event that Premom ceases to provide Membership prior to the end of the term of your subscription, you may request a refund through the Apple App Store/Google Play Store. You acknowledge and agree, however, that you will not have any right to a refund in the event that Membership benefits are temporarily unavailable for technical or other reasons, or that Premom changes the Membership benefits that you purchased, terminates any feature or functionality of such services, begins to offer such services to other users without charge or makes any other changes to such services. YOU UNDERSTAND THAT YOU MAY NOT RECEIVE A REFUND OF ANY AMOUNT EXCEPT IN EXCEPTIONAL CIRCUMSTANCES, AND THEN ONLY THROUGH THE APPLE/GOOGLE SYSTEM YOU USED TO PURCHASE THE SUBSCRIPTION. Furthermore, in the event that your account is terminated or suspended for any reason (e.g., in connection with a material breach of these Terms or based on the discretion of Premom), any unearned subscription payments will be forfeited unless the Company decides to issue a refund in its sole and absolute discretion.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to make use of benefits associated with your Membership, you have no right or title in, or to, any such benefits or any other information associated or stored in connection with your Membership. Your right to make use of your Membership and associated benefits is not transferable by you and, as with all materials available through your Membership may not be resold, repackaged, sublicensed or otherwise made available to third parties.
Benefits may change from time to time as we add on new, change existing or retire old benefits. The benefits and content contained in different Memberships may differ by country, language, and time of purchasing a Membership. Premom reserves the right to discontinue or change the content of Membership and any associated benefits in any way and at any time, with or without notice to you, without liability, except to the extent it terminates the offering of Membership in its entirety.
25.2. MEMBERSHIP BENEFIT DETAILS
For more details, please refer to the landing page of each benefit. We reserve the right to change these benefits from time to time, and such changes will become applicable to you if you continue to use the Premom application and website.
25.2.1. Free Ovulation Test Kit
- Receive one (1) ovulation predictor kit (25 LH) upon joining a Premium subscription. The shipment is automatically processed approximately 1-2 weeks after you register for Membership and your profile has been set up. Shipping cannot be processed without accurate address information. A complementary ovulation predictor kit is non-renewing. Premium subscribers may receive coupon codes to purchase Easy@Home or Premom products at a discounted rate.
- We will not communicate, spread, publish or otherwise give away your name, phone number, and address information. You'll be able to update your shipping address through your Membership profile.
- If you get a refund from your Membership subscription because you unsubscribed, you may not receive an ovulation predictor kit.
Free ovulation test kit may change from time to time. This offering may differ by country, language, and Subscription plan. Currently, the complementary kit is only offered as an additional Membership benefit in the following countries: United States, United Kingdom, Canada, Germany, France, Italy and Spain.
25.2.2. Cycle Analysis Reports
If you already have data logged for one cycle, you will receive your Cycle Analysis Report 24 hours after subscribing. Otherwise, your Cycle Analysis Report will be available upon completion of a full menstrual cycle.
Depending on your Membership plan and cycle length, you may receive anywhere from 1-9 Cycle Reports during each Membership period. Your menstrual cycle is considered to be the time from the first day of bleeding during your period to the day before your next period begins. Be sure to log the start and end of your period each cycle. Content may or may not change depending on data. If you don't log data, your reports will have no data. It is the member’s sole responsibility to enter data. You may receive the same cycle report information month after month if there is no change to your cycle data in the app.
25.2.3. Cycle Comparison Reports
If you already have data logged for more than one cycle, you will receive your Cycle Comparison Report 24 hours after subscribing. Otherwise, your Cycle Comparison Report will be available after the completion of more than one cycle.
25.2.4. Fertility Expert’s Report & Plan
Your Fertility Expert’s Report & Plan will be available upon completion of a full menstrual cycle after joining the membership. If an expert has begun working on your report, any changes made to your data will not be reflected in the pending report. Cycle days that have been included in previous reports will not be included in future reports, regardless of recategorization of cycles or edits to past cycles.
All reports received from Membership do not take into consideration frozen sperm usage. All references of ‘intercourse’ throughout Membership should be interpreted as “sexual intercourse or at-home insemination”.
Membership benefits and reports are delivered in the English language regardless of resident’s location or App language settings.
Upon signing up for a Platinum Membership, you consent that Easy Healthcare may use and disclose your Data within the Services to our Experts reviewing and writing your Expert’s Report & Plan. You consent to the informational and educational report. You agree to hold harmless Easy Healthcare and any Expert from all liability and damages resulting from the lawful use and disclosure of your Data.
All Platinum members are encouraged to complete the new Platinum user questionnaire upon signing up for membership to provide experts with more detailed information, in addition to submitting questions/comments for Premom experts the day their period begins, so that pertinent information can be included in their report. Users will have 24 hours after the start of their period to submit a question/ comment to be included in each Expert Report.
THIS SERVICE IS SOLELY EDUCATIONAL AND INFORMATIONAL IN NATURE. EASY HEALTHCARE AND ITS DESIGNATED EXPERTS DO NOT PROVIDE, AND USERS SHOULD NOT SEEK, ANY MEDICAL ADVICE, TREATMENTS, OR DIAGNOSES THROUGH THIS FEATURE.
Easy Healthcare does not provide or facilitate any professional healthcare services. Any information, education or advice received from a Provider through the Services should not be interpreted as medical advice. Your interactions with the Providers via the Services are not intended to replace your relationship(s) with your regular health care practitioner(s).
NEITHER EASY HEALTHCARE NOR ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY INFORMATION, EDUCATION OR ADVICE YOU OBTAIN FROM A PROVIDER VIA THE SERVICES NOR FOR ANY INFORMATION OBTAINED FROM THE SERVICES. ANY INFORMATION, EDUCATION OR ADVICE IS PROVIDED IN THE PROVIDER’S SOLE DISCRETION AND IS NOT THE RESPONSIBILITY OF EASY HEALTHCARE. YOU ACKNOWLEDGE YOUR RELIANCE ON ANY PROVIDERS OR INFORMATION PROVIDED BY OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.
25.2.5 Discount for the “Ask an Expert” Service
Depending on your Subscription, you can purchase Ask an Expert service at a discounted rate. This discount is valid before the end of your selected Membership period.
You will pay for your Membership through the Apple/Google Play system through which you obtained the Premom App. You agree to pay all charges you subscribe to on the Premom App. The credit/debit card linked to your Apple/Google Play account will be charged for any Membership purchase. You are required to pay period when initially registering for Membership. Your subscription period begins when you join the subscription, not at the beginning of the month.
25.3.1 Automatic Renewal
Your Membership will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew and your account will be automatically charged for the renewal unless you cancel at least 24 hours before the end of the current subscription period.
By subscribing, you authorize the Apple/Google Play system to charge your account at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Payment will be charged to your iTunes/Google Play account after payment confirmation. Your Premium subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current subscription period. Your iTunes/Google Play account will be charged for renewal within 24 hours of the end of the current subscription period.
You can manage, upgrade, and cancel your subscription by accessing the Apple App/Google Play Store. If you do not wish to renew your subscription automatically, or if you want to change or terminate your subscription, please log in and go to your AppleID/Google account settings. The Premom App settings will show the status of your subscription and will link to the appropriate AppleID/Google account subscription settings – but you must go to those settings to change your subscription. It is your responsibility to track when subscriptions commence and renew. If you unsubscribe, you will still have access to free benefits including the 9-Cycle Money-Back Guarantee. If you wish to opt out of the 9-Cycle Money-Back Guarantee, you will need to do so by accessing the Guarantee Program page separately. You understand that any changes to your subscription may result in problems accessing your Membership and any associated benefits.
If you are an iOS user, please refer to Apple’s policy for refund information, and refer to How to cancel a subscription provided by Apple for more information.
If you are an Android user, please refer to Google's policy for refund information, and refer to Cancel, pause, or change a subscription on Google Play for more subscription information.
- Consumer Rights Notice.
26.1. Under California Civil Code Section 1789.3, we are required to provide California residents with the following specific consumer rights information:
- This website is owned and operated by Easy Healthcare Corporation.
- Unless otherwise expressly stated, this website is provided without charge.
26.2. To file a complaint regarding this website or to receive further information regarding the use of this website, please contact us via email at email@example.com. You also may contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
Please email Easy Healthcare Corporation (firstname.lastname@example.org).