“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.

United Kingdom Information Commissioner’s Office

Wycliffe House, Water Lane, Wilmslow, Cheshire

SK9 5AF, United Kingdom

Telephone: +0303 123 1113

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.