Terms of use
These terms of use are important because they describe how We manage the Clearblue® Period & Cycle Tracker App, how You are protected when using it and conditions that You agree to if You access the Service.
Please do read these terms before using the Service. If You do not agree to the terms, You will not be able to use the Service.
The Clearblue® Period & Cycle Tracker App is run by the makers of Clearblue®. Please do contact Us if You have any questions or comments on the terms of use or privacy policy.
In this article
Abbreviations used in these terms of use
- “App” means Clearblue® Period & Cycle Tracker App.
- “Service” or “Services” means the Clearblue® Period & Cycle Tracker App.
- “SPD” means SPD Swiss Precision Diagnostics GmbH.
- “We”, “Us” or “Our” means SPD Swiss Precision Diagnostics GmbH and associated companies.
- “You” “Your” or “User” means any person using the Service.
Privacy
You acknowledge that you have read and understand Our privacy policy, which describes how We use and disclose Your personal information in connection with the Service.
License grant and restrictions on use
We are happy for You to use the Service for Your personal use as described in these terms. This Service is strictly for non-commercial use and the legal rights belong to Us. If You do not use the Service as intended, Your access to it may be prohibited.
You may take an electronic copy/print part of the App for You to refer to for Your personal use, including a copy of these Terms of Use and the Privacy Policy. However, You may not modify, reproduce, license, create derivative works from, sell, or in any way exploit the Service for commercial purposes.
Misusing the Service may cause harm to SPD and, if this happens, We reserve Our rights to pursue this legally. You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of any part of the Service. You agree that You will not, nor will You authorise or help any other party to, misuse or harm any part of the Service.
Examples of misuse include, but are not limited to, the points below:
- Using the Service for any commercial means
- Using any automated tools to gain access to the Service
- Overloading or interfering with the working of the Service
- Interfering with or getting around ways We could use to stop/restrict access
- Introducing any harmful materials to the Service (e.g. software viruses)
- Using the Service in any way that would break any law or regulation
- Gaining unauthorized access to any non-public areas of the Service
- Interfering with or disrupting the Service, or any associated computers or networks
You also agree that You will not make any unauthorised links, meta tags or hidden text that uses Our
trademarks without express written permission.
Data
Any data or information that You may have stored on Your mobile device shall remain Your sole responsibility and We accept no liability for loss or corruption of such data howsoever caused and We therefore highly recommend that You back up Your mobile device. We are not responsible for the loss, recovery or compromise of data or information that You may have stored on Your device. You represent that Your mobile device does not contain illegal files or data.
Accessing the Service
You are responsible for paying Your mobile/internet provider for any charges that result from connecting and using the Service. Your access to some parts of the Service may be limited by Your mobile/internet provider and if this happens You should contact them directly.
The availability of the App may change in the future to ensure that the App uses the best software to give a good Service and stay secure. The App may also be removed from the App distribution platform if necessary.
App Compatibility
The Clearblue® Period & Cycle Tracker App is compatible with most iPhones® and Android™ phones. To find out if Your phone is compatible, please check on Yes
Electronic communications
As part of the Service We may communicate with You through the App. You can stop these notifications through Your mobile account settings. You are responsible for any data usage or carrier fees which may be charged from accessing such settings.
Updates
We may make changes to improve the App. These will be available for You to install. If You do not install updates this may affect Your ability to use features on the App or the App itself.
Disclaimer
The Service, including any graphics, software, recommendations, information or other materials contained therein and any materials made available through the Service are provided “as is”. To the fullest extent permissible pursuant to applicable law, SPD disclaims all warranties, express or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
SPD does not warrant or make any representations (i) regarding the use of the Service, or the results of the use of the materials in the Service in terms of its correctness, accuracy, reliability, or otherwise; (ii) that the operation of the Service will meet the user’s requirements; (iii) that the App will operate in conjunction with any mobile devices other than with those that are identified in these terms of use as being compatible with the App or (iv) access to the Service will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors. The materials in the Service could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of development occurring after their respective dates. SPD undertakes no obligation to verify or maintain the accuracy of such information. You acknowledge that if You use the Service or rely on the content therein, You do so at Your sole risk. Because some jurisdictions do not allow limitations on how long an implied warranty lasts or otherwise limit SPD’s ability to disclaim all warranties in connection with the Service, the above limitations may not apply to You.
Liability
To the maximum extent permitted by applicable law, in no event shall SPD be liable to You for any indirect, special, punitive, incidental, exemplary or consequential damages in connection with Your use of the Service, even if SPD has been previously advised of the possibility of such damages. To the maximum extent permitted by applicable law, SPD’s liability to You for direct damages in connection with the Service, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products, and materials available from this Service, shall not exceed the amount paid by You for the Service.
Indemnification
You agree to defend and hold harmless SPD from any legal action due to Your use of the Service. This includes claims, actions, losses, expenses, damages, penalties, and costs, including reasonable attorneys' fees, resulting from (i) not abiding by these terms of use, (ii) another person using Your account. We reserve the right to take control of the defence and settlement of any claim and if this happens You agree to cooperate fully with SPD.
Governing law and jurisdiction
Terms are governed and interpreted in agreement with the laws of the state of Ohio, USA. You agree that any disputes regarding to the ‘terms of Use shall be dealt with exclusively in Ohio (Hamilton County), USA. Any claim or dispute must be raised within 1 year of the event that caused You to take action.
Geographic scope of Service and product claims
This App has been designed to work within the United States of America and its territories. This Service may not be available for use in other countries.
General
- If You do not use the Service as outlined here and on the App it may result in Your access to the Service being immediately suspended or cancelled.
- If We do not enforce part of the terms of use on one occasion this does not mean that We give up Our rights to protect such part of the terms of use on any other occasion.
- The Service is not intended for children under the age of 16 years, If You are under 16 years of age, please do not submit any personal information through the App.
Severability
If any parts of these terms of use are found not to be enforceable for any reason, this will not affect the
validity of the rest of these terms of use.
Trademarks
All trademarks, Service marks and logos displayed on the App belong to SPD. The unauthorised use
of any trademark, Service mark or logo is strictly prohibited.
Contact details
SPD Swiss Precision Diagnostics GmbH. Attn. General Counsel at 47 route de St Georges,
1213 Petit-Lancy, Switzerland
SPD at [email protected]
Effective as of 13 June 2024