By downloading any application from Ennesoft (here after referred to as “The Company”), installing or using this application or any portion thereof (“Application”), you agree to the following terms and conditions (the “Terms and Conditions”). The Company grants you the non-exclusive, non-transferable, limited right and license to install and use this Application solely and exclusively for your personal use. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application, nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks eventually connected to the Application). You acknowledge Mia Period Tracker period and fertility forecasts may not be accurate and should not be used to prevent unwanted pregnancy. Forecast accuracy depends on many factors including how regular one’s cycle length is, when one actually ovulates during the cycle, and how many periods have been logged in the app. Anxiety, stress, diet, nutrition, exercise, environment, medications, age and other factors can also affect one’s cycle from month to month. The only fail-safe method to prevent unwanted pregnancies is abstinence from sexual intercourse. If one chooses to engage in sex, we strongly recommend understanding the risks and birth control options to mitigate those risks. Menstruation, ovulation and fertility day forecast have to be understood as theoretical predictions which may not coincide with the actual menstruation, ovulation and fertility days. The Application’s period and fertility forecasts may not be accurate and should not be used to prevent unwanted pregnancy. Forecast accuracy depends on a number of factors including but not limited to how regular one’s cycle length is, when one actually ovulates during the cycle, and how many periods have been logged in the app. The Company reserves the right, at its sole discretion, to modify or replace any part of the Terms and Conditions. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Application following the posting of any changes to this Terms and Conditions constitutes acceptance of those changes. The Company may also, in the future, offer new services and/or features through the Application. Such new features and/or services shall be subject to the terms and conditions of this Agreement. These Terms and Conditions will continue to apply until terminated by either you or The Company. The Company may terminate your access to all or any part of the Application at any time, with or without cause, with or without notice, effective immediately. You may terminate these Terms and Conditions at any time by permanently deleting the Application from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from The Company or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Application.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
YOU EXPRESSLY UNDERSTAND AND AGREE THE PRIVACY POLICY AVAILABLE AT: http://www.ennesoft.com/disclaimer-period-tracker-mia
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Miscellaneous. These Terms and Conditions constitute the entire Agreement between you and The Company relating to the Application and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and The Company regarding the Application. The failure of The Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to The Company. The rights granted in these Terms and Conditions may not be assigned or transferred by either you or The Company without the prior written approval of the other party. Neither you nor The Company are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party. This is the original version of Term of Service document. The English version shall prevail over any other language translation.
