TERMS OF USE

Terms of use with respect to Wave Period Tracker & iTesting mobile application for Android and Apple iOS mobile operating systems.

1. General terms


1.1 These Terms of Use (hereafter the “Agreement”) is a legal agreement between the Limited Liability Company “Teleform IS”, state registration number 77 No. 006566390 (hereafter the “Company”), and the individual (hereafter the “user, or “you”) duly acceding to and accepting this agreement for the use of “Wave Period Tracker & iTesting” mobile application (hereafter the “App”).

1.2 The Wave Period Tracker & iTesting mobile App is a software available to the User in the application store provided that you are in full compliance with the terms of this Agreement. The App has been developed for mobile devices running on the Android and Apple iOS operating systems. The Company is the sole owner of the intellectual property rights for the Wave Period Tracker & iTesting App.

1.3 By installing the App on your mobile device, you acknowledge and accept this Agreement and confirm your agreement to be bound by its terms and conditions. The Company reserves the right to modify or update the Agreement from time to time. The Company shall notify you by email, via the App or will offer a new version of the Agreement if the introduced changes affect your rights in a significant way. Further access and use of the App after the effective date of the updated Agreement will constitute the User's acceptance of all the amendments, changes and updates to the Agreement.

1.4 The terms and conditions of this Agreement constitute a public offer to accede to the Agreement pursuant to Article 437 Section 2 of the Civil Code of the Russian Federation, whereas the Company allows the User to access to the App provided the User's compliance with the terms and conditions listed herein.

1.5 All questions, comments, appeals or claims made by individuals and entities to the Company with regard to the contents or functionality of the App, infringement on the rights and interests of third parties, violations of legal requirements of the Russian Federation, and for requests from entities empowered by the Russian Federation legislature, can be forwarded to the following email address: support@waveapp.ru

1.6 This Agreement was prepared in accordance with the laws of the Russian Federation. Claims or disputes not regulated by this Agreement shall be settled and resolved in accordance with the law of the Russian Federation.

1.7 By accepting this Agreement, the User confirms his or her legal capacity and competence, declares his or her personal information as correct and takes full responsibility for its validity, completeness and accuracy. The Company reserves the right to limit access to the App or part thereof to Users under 18 years of age. Users who are under 18 years of age have the right to use the App with their parent’s or legal guardian’s consent. By accessing and using the App, the User confirms that their legal guardian has reviewed the Agreement, agreed to its terms, and has given consent to the individual under 18 years of age to use the App.

1.8 The company does not provide medical services, the App is not a substitution for medical consultation or diagnostics, cannot be considered a treatment for any illness or condition, and cannot be regarded as a contraception or birth control method. The App does not claim or guarantee any improvement to the User's health or well-being. Any information obtained through the use of the App, including but not limited to predictions or suggestions presented in the App, cannot claim or guarantee accuracy of the data, information, predictions or evaluations.

1.9 The Company is not liable for any mistakes or omissions, technical inaccuracies, typos in the materials provided, nor for any infringements on the User's society's ethical, cultural or moral norms or rules regarding sex education.

2. User rights and responsibilities


2.1 The User agrees to comply with all terms and conditions of this Agreement.

2.2 The User must ensure their own non-disclosure (privacy) of their personal data stored in their account, including their password, and is solely responsible and liable ensuring non-disclosure of these data by any means possible, including any risks or losses suffered in connection with unauthorized access to their account. Disclosure of any account data constitutes a fundamental breach of this Agreement.

2.3 The User is liable for his or her account activity, or any actions pertaining to his or her login information, as well as for any activity on his or her mobile device where the App is installed. The User agrees to immediately inform the Company of any and all security incidents and events involving unauthorized account access. If the User does not comply with these conditions, the User is fully liable for all his or her account activity. The Company reserves the right to block any account for security checks.

2.4 The User must not access or use the App for any unintended purposes, except for personal non-commercial use.

2.5 The User undertakes to not misinform or mislead other users or third-parties while using the App.

2.6 The User undertakes to not distribute or transmit advertizing, informational or other types of content without prior express consent of the recipients. Such consent must be obtained in accordance with the laws of the Russian Federation.

2.7 The User undertakes to not make deals and to not propose to other Users to make deals regarding any products, jobs, services or intellectual property, or to use the App for distribution of advertizing or political materials without the Company's consent.

2.8 The User undertakes to not use the App with prejudice to the legal rights of third-parties and the laws of the Russian Federation, including:

2.8.1. to not transmit or post materials containing offensive content, hate-speech, slander, profanity, pornography or other materials contradicting the standard moral norms; materials or content demonstrating or advocating cruelty, terror or violence, offensive to human dignity, and any other materials deemed illegal by the laws of Russian Federation, or URLs to websites and other internet resources containing such materials;

2.8.2. to not post any information or materials, which insult, discredit or contain threats towards other Users or third-parties, are of fraudulent nature, infringe on personal or public interests, advocate racial, religious or ethnic hatred or enmity, as well as any information infringing upon human and personal rights protected under the laws of the Russian Federation;

2.8.3. to not advocate or instigate social, racial, national or religious hatred or enmity, hatred towards individuals on the basis of their sexual preference; to advocate or instigate war, or social, racial, national, religious or linguistic superiority or inequality of any kind;

2.8.4. to not describe or advocate criminal activity, to not post instructions or manuals of criminal activity;

2.8.5. to not post or transmit any restricted information (confidential information) by means of the App, unless the User is entitled to do so;

2.8.6. to not transmit or distribute spam, chain messages (messages requiring forwarding to one or more users), Ponzi schemes or other financial pyramids, and to not solicit participation in such, or any intrusive or persuasive information by means of the App;

2.8.7. to not post or distribute graphic images, photos or other materials, which may harm or damage an individual's or legal entity's honour, dignity or reputation, by means of the App;

2.8.8. to not post or distribute personal data or information, including but not limited to home addresses, telephone numbers, email addresses, passport and other identification information and other such information of any users or other persons without their consent;

2.8.9. to not post or distribute intellectual property by means of the App, which include music with or without lyrics, literary works, works of art, graphic design, audiovisual pieces, computer software, photography, phonograms, performances recorded on phonograms, and other copyrighted material which can be presented interactively (hereafter “Content”), unless the User holds the appropriate rights to use or distribute such materials;

2.8.10. to not post in the App content containing images of individuals without their consent except in cases, covered under the laws of the Russian Federation.

2.9 The User has the right to upload (or download) copyrighted materials from the App for personal, non-commercial use.

2.10 The User does is not entitled to change, amend, publish, send to third parties, participate in sale or assignment of, create derivative products of or use in any other way in part or in whole the contents of the App without the Company's written consent.

2.11 Unless otherwise specified by the laws of the Russian Federation, it is prohibited to copy, disseminate, transmit to third parties, publish, or otherwise use the materials downloaded from the App for commercial purposes without written permission of the Company or other legal intellectual rights holders.

2.12 In cases where permission to copy, transmit, publish or otherwise use the App materials is obtained under the protection of the laws of the Russian Federation, such use, copying, transmission or publishing is solely permitted with proper credit to the intellectual rights owners. Otherwise, the author's name or trade mark must be changed or removed.

3. Company rights and responsibilities


3.1 The Company may send the User information about the App’s features via any channel, including but not limited to posting informational and other messages via the App.

3.2 The Company may amend or delete materials, if they do not meet the requirements of the laws of the Russian Federation, the conditions of this Agreement, or harm the Company or third parties in any way.

3.3 The Company may transfer the rights and responsibilities under this Agreement to third parties for the purposes of enforcement of this Agreement without prior or further approval by the User.

3.4 The Company is not responsible for any mistakes, omissions, interruptions, deletions, defects, delays in data processing or transmission, communication disruption, theft, destruction or unauthorized access to User materials uploaded to the App or any other place.

3.5 The Company is not responsible for any technical failure or other problems of telephone networks or services, computer systems, servers or telephone and computer equipment providers, software, disruption in email services or other technical problems.

3.6 The Company is not responsible for any loss or damage to the User's or other person's computer, mobile device, or any other equipment or software, arising from or connected to materials downloaded from the App or from URLs posted in the App.

3.7 Under no circumstances is the Company or its representative liable to the User or any other third parties for any indirect, accidental, or unintended loss, including loss of profit or loss of data, harm to one's honor, dignity or reputation, caused in connection with the use of the App, the contents of the App, or other materials that became accessible to you or other persons by means of the App, even if you were warned of the possibility of such harm.

3.8 The Company may collect and use technical usage data and information, including but not limited to technical data about external devices, and software of the User's device, system and the App. This information is gathered periodically for the purposes of simplifying update delivery to the User, maintenance and support (when applicable) of the App. The Company may use this information (after User data depersonalization) for the purposes of improving its products or to provide the User with technology and services.

3.9 The Company may change, amend, edit, or delete any App content as it sees fit.

4. The License


4.1 For the purposes of enforcing this Agreement and for the duration of the Agreement’s effect, the Company provides the User non-exclusive right (non-exclusive license) to access and use the App on mobile devices free of change, in the following ways:

- the right to install (i.e., record into mobile device's memory) one copy of the Application;

- the right to use the App solely for personal use by the User in order to access the App's services.

4.2 The licence for the App is indivisible.

4.3 The license also applies to updates, amendments, and additional components, which may be provided, or access to which may be provided by the Company as well as its associates and counter-parties, while using the App, unless the right to use such updates, amendments, or additional components is provided under separate agreements.

4.4 The license is valid worldwide.

4.5 This Agreement does not grant the User rights to the following:

- elements (parts or components) of the App, including photos, drawings, illustrations, animations, sounds and other content. The User may use these elements for any purpose except those listed in paragraphs 2.4 and 4.1 of this Agreement;

- means of personal, product, works, services identification, including logos, trademarks, service marks and brand names;

- other software.

5. Terms of use of the App


5.1 The Company provides free of charge the rights to use content posted within the App to the Users by viewing, copying, processing and making available to the public for non-commercial purposes.

5.2 The User is liable for any actions regarding any content or other information placement inside the App, for transmitting or making available of any information or content to other users or other persons, and for any interactions with other Users.

5.3 User registration is achieved by filling out a form in the App, entering an email address (User email) and password (a User created string of letters, numbers and symbols).

5.4 The App reserves the right to offer a paid premium subscription, the payment for which is automatically extended for the next subscription period. However, the User has an opportunity to cancel the extension of this paid subscription up to 24 hours before expiration of the subscription period. This subscription enables Users to access additional features such as test history, menstruation predictions improved by machine learning algorithms, personalized information based on User symptoms and cycle phase, tools for physical and emotional state pattern detection, as well as full User health reports.

6. Guarantees and liabilities of the parties


6.1 Third parties may be contracted for the purposes of compliance with this Agreement. The User confirms that these third parties will be awarded the same rights as the rightsholder of the App. The App may provide access to third-party website URLs, links to third-party apps and other products and services. The Company does not control third-party resources and, consequently, is not liable for them or their work. The User independently decides to refer to third-party resources, and the Company in this case is not responsible for the protection of the User's personal information or confidentiality during the use of any third-party resources and compliance with respective agreements.

6.2 The User guarantees to not take any actions directed at harming the App's rightsholders, the Company, mobile communication services, rightsholders or other individuals or entities.

6.3 In the event of violation of the App usage terms, listed in Section 2 of this Agreement, the User is liable for any losses to the Company directly or indirectly caused by such actions.

6.4 If the User cannot provide substantial proof to the contrary, any actions, under the User's login and password are considered to be actions performed by the User. In the event of unauthorized access to login and password information, if this information becomes public, the User must immediately inform the Company in an appropriate manner.

6.5 Taking into account the international nature of the World Wide Web (the Internet), the User is liable for complying with all the relevant rules, regulations and laws concerning User activity on the Internet.

7. Final clauses


7.1 Issues not settled in this Agreement shall be settled in accordance with the law of the Russian Federation.

7.2 In the event of disputes or disagreements related to the implementation of the Agreement, the User and the Company will make every effort to resolve them through negotiation. In the event when disputes or disagreements are not resolved through negotiations, they shall be settled in general jurisdiction court at the location of the Company, in accordance with the current legislation of the Russian Federation.

7.3 This Agreement takes effect for the User from the moment of installation of the App on the User's mobile device. This Agreement remains in effect indefinitely.

7.4 This Agreement was originally prepared in the Russian language.

7.5 This Agreements may be modified and/or amended by the Company at any time during its effective period. All modifications and/or amendments are posted by the Company to the appropriate section of the App and take effect on the day they are posted. The Users undertake to inform themselves independently and in a timely manner. In the event of disagreement, the User has the right to petition the Company within 3 days after the modifications and/or amendments to the Agreement are posted to the App. In this case the Agreement will be considered void by the Parties from the date the Company receives such a petition from the User.

7.6 If one or more of the provisions of the Agreement are held to be invalid, the remaining provisions of this Agreement shall continue to be in full force and effect.