Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING ANY SITES, SERVICES OR PRODUCTS PROVIDED BY US VIA OUR WEBSITES, OUR PRODUCTS OR THE PEARL FERTILITY APP

Definitions used in this Terms of Use:

  • App:
    • means the Pearl Fertility App as available for download from the App Store and its Software.
  • Product:
    • means the Pearl Fertility Box as available for purchase on our Sites or any other non-digital Product purchased from our Sites or the App Store.
  • Service:
    • means the use of the App and our Sites
  • Sites:
    • means www.pearl-fertility.com, www.colorimetrix.com, all subdomains at these domains, and social media channels – youtube.com, instagram.com, facebook.com, twitter.com and any reference to Sites that include these channels
  • Shop:
    • means online shops available on our Sites
  • Terms:
    • means this Terms of Use
  • Us, We:
    • means Colorimetrix Inc, with its registered seat at 2035 Sunset Lake Road, Suite B-2 in the city of Newark, zip code 19702 in the State of Delaware US
  • User, You:
    • means anyone using our App, Product, Service, Shop or Sites

Introduction

You use the Services and the Products at your sole risk. The Services and Product provide a way to monitor your menstrual cycle, as well as related details regarding your health, and fertility. In order to provide more accurate results, we combine the anonymous data of all users to find patterns and improve our algorithms. We offer free basic services and fee-based services or products that provide additional functionalities. The Services and Products are intended to be used to help you by providing you insights and information about your fertility. Our App, Products and Services are not to be used for any contraceptive or medical purposes. In case of any health issues you must consult a medical professional.

You understand and agree that the Service enables Us to record and visualize personal measurements or observations relevant to fertility (hormone levels, presence of menstruation, pregnancy or ovulation test results, intercourse and any other information you wish to provide Us). The Services are intended to monitor and provide you extra insights about your fertility.

You understand and agree that We do not guarantee the accuracy of the Products’ measurement outputs.

You understand and agree that your use of the Services and Products shall not be a substitute to regular necessary medical consultations by a physician or other qualified healthcare professional.

Acceptance of terms

By using the Services and or buying our Product or in any other way interacting with Us, you acknowledge that you have read, understood and agreed to be bound by these Terms, as they were made available to you. If you should at any time not agree to these Terms you shall promptly terminate your use of our Services and Products.

By using our Site, Services or Product, you acknowledge that you have read and understood the Instructions for Use our our App and Products, which are available to read and download at www.pearl-fertility.com/instructions. You also agree to comply with the described instructions, age recommendations, indications, contraindications and precautions prior to using the Services.

Eligibility

You represent and warrant that you are at least of the age of majority (i.e. legal adulthood) in the jurisdiction where you are located or of such other age (if applicable) that you are fully able, competent and authorized to enter into and be bound by these Terms, or, alternatively, that you have the approval of a parent or legal guardian to be bound by these Terms, and that such approval is sufficient to be bound by these Terms in the jurisdiction where you are located.

Our Products and Services are intended to be used from the minimum age of 18 years old.

If you are not able, competent and authorized to be bound by these Terms you may not use our Products or Services.

You may not use the Products, the Services or the Sites for any commercial purposes without the express written consent from Us.

Modification of the terms

We reserve the right to modify these Terms at any time, and, to the extent permitted by law, such modifications shall be effective immediately upon posting of the modified Terms on the Sites, Shop, or App. Accordingly, you agree to review these Terms periodically and your continued access or use of the Services, Sites or Shop shall be deemed your acceptance of the modified Terms. If you do not agree to the changes after such notification you must not continue to use the Services, the Sites or the Shop. If you do continue to use the Services, the Sites or the Shop, you will be bound by the modified Terms.

Products

Product order

We offer our Products at the online Shop www.pearl-fertility.com/shop or at any of its Sites. Any reference to a Product or Service on the Sites or when providing Services does not constitute an offer to sell or supply that product or service. The Sites may refer to products not yet registered or approved in a given country. Specific advice concerning the availability and suitability of any particular Product or Service should be sought before purchase. Product images are for illustration only.

In order to make purchases in our Shop, or when requesting Services, you may be invited to share personal information such as name, place of residence, email, telephone, health information, date of birth, etc (“Service Information”). By sharing Service Information, you consent to the Us, our affiliates and other third party companies using the Service Information in order to complete your request, and to process your orders and keep you informed about your purchased products. For more details on how we protect your personal data please see our Privacy Policy available at www.pearl-fertility.com/privacy.

When purchasing in our online Shop, a contract of sale is concluded when we take Your order. Prices marked on the online shop do not constitute an offer in the legal sense. The customer will receive confirmation of the receipt and the taking of the order by email.

Product delivery

The Product will be delivered to the addressee submitted by You. We reserve the right to make a partial delivery, provided that this appears advantageous for efficiently processing the order and the partial delivery is not exceptionally unreasonable for the customer. The customer will not be charged for additional expenses incurred by part deliveries.

Returns of physical products

Our return policy for non-digital Products that are purchased through the Shop lasts for 14 days. If more than 14 days have gone by since you have received your purchased product, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, the Product that you wish to return for a refund must be shipped to us in the unused condition in which you received it in, in the original intact packaging.

To return a Product or a defect Product, ship the Product including the receipt or proof of purchase to the following address: 2093 Philadelphia Pike, Suite #3003, Claymont DE, 19720 USA

Shipping costs for returning a Product are non-refundable, unless you are returning defect Products, in which case we refund the shipping costs to a reasonable amount as per our consideration. Defect Products can be requested to be replaced by a comparable Product. Depending on where you live, the time it may take for your exchanged product to reach you may vary. Some Products are limited in quantity and might therefore be not possible to replace them or the replacement period might be longer.

Damages which are brought about through the customer’s improper actions in assembling, attaching, servicing or storing the goods provide no grounds for claims under warranty against Us. The customer can find information on proper usage in the manufacturer’s instructions for use.

Customers are to report defects to the seller within 1 month of receiving the goods. No warranties apply if the seller fraudulently concealed a defect or undertook a guarantee of the properties and condition of the goods.

If goods are delivered with obvious damage to the packaging or the contents, the customer should complain about this immediately to the carrier/freighter, without prejudice to its rights under guarantee (§ 7) and immediately get in contact with the seller by email, so that these rights can be protected when dealing with the carrier/freighter.

In the case of a refund, you are responsible for the Product until it has been returned and we do not guarantee that your returned Product will be refunded until it is successfully returned to us. Do not send the Products back to the manufacturer.

We reserve the right to refuse to issue a refund or only issue a partial refund on returned Products (e.g., when a returned Product does not fulfill the return terms as set out above or when we are not able to review a Product because it has not been returned to us successfully or in an acceptable state).

Once your return is received and inspected, we will (if applicable) send you an email to notify you that we have received your returned Product and notify you of the status of your refund (approval or rejection). If approved, then your refund will be processed, and a credit will automatically be applied to your original method of payment within a certain amount of days. If rejected by your payment method, we will provide information on why that is the case.

Services

Interpretation of Information

All information about You (“Personal Identifiable Information”) is entered by You. The Services may use the Personal Identifiable Information to provide information back to You about Your fertility. All such information is provided for informational purposes only and shall in no way be interpreted as medical practice or medical advice. Such information shall under no circumstances replace a consultation with a licensed physician or any other qualified healthcare professional when required. Always consult a physician for medical advice and for answers to your medical questions.

You understand that the accuracy of the information provided by the Services may depend on Individual circumstances and way of using of the Product and Services, which cannot be known or foreseen by Us. As such, the information may not be applicable and/or may have become outdated as result of recent developments. Reasonable efforts are made by Us to ensure the accuracy of such information, data and calculations. However, you are responsible for recording accurate measurements, interpreting and using the information, data and calculations at your own sole risk. We cannot accept any responsibility for reliance on this information, data or calculations.

While efforts are made to ensure that information on the Sites, Shop, App and Products is accurate and up to date, we are not responsible if such information is not accurate, complete or current. Information on the Sites, Shop, App or Products may contain certain historical information that is not up to date and is provided for your reference only. The material is provided for general use only and should not be relied upon or used as the sole basis for making decisions without consulting your physician. Any reliance on the material is made at your own risk. We reserve the right to modify the contents at any time. You agree that it is your responsibility to monitor changes. We reserve the right to cancel orders if any information in the Service, Sites or Shop is inaccurate at any time, without prior notice (including after you have submitted your order).

User Account

You may be required to set a user account from which you access the App and its features, the Shop, and our Services (the “User Account”). This User Account is personal and cannot be shared. You must keep your User Account sign-in credentials secret. Information stored in your User Account is confidential.

For optimal performance of the Services, you are required to provide accurate information to your User Account. You are also responsible to keep your Personal Identifiable Information up to date and safe.

You agree to provide current, complete and accurate purchase information and User Account information for all purchases made in the Shop, so that we can complete your transactions and contact you as needed.

Intended Use

The Service can be used in the following modes:

  • use without test strips (Tracking)

  • use in combination with the purchased test strips (Monitoring).

    The Tracking is available without the requirement of payment. In order to be able to provide the Tracking, we reserve the right to display advertising during your use of the Service. We may also provide an option to donate or purchase via the App enabling your support of our Service.

    The test strips, which are part of the Pearl Fertility Box, are manufactured by a third party manufacturer. No other test strips except the ones included in our Products should be used in combination. We cannot guarantee that the Service will function if not used as intended.

    You are required, at all times, to follow the Instructions for Use included with the Products and Services. Any deviation from these Instructions can lead to the Products or Services not functioning as intended.

    The App may be downloaded from the App Store, and it may install updates and upgrades from time to time without further notice to You, and as specified by You in your App Store updates settings. These updates are designed to technically improve and/or enhance the Service. You agree that we may automatically deliver such updates and upgrades to you as part of your use of the Service.

    Using the Service (and/or providing input information) does not give you any legal right, title or interest in the Service or the App. The Service, the App and Products, are protected by copyright, trademark, intellectual property rights and other applicable laws.

    The Sites and all information and related materials they contain, and all information and related materials given as part of any Services are provided “as is” for general informational purposes only. These should not be relied upon for any specific purpose and no representation, warranty or undertaking, express or implied, is given that this information is accurate, up to date, complete, adequate or suitable. You should use your own judgment in evaluating the information provided through our Sites and Services and by using these you accept the risk that this information may not be accurate, up to date, complete, adequate or suitable for your needs and requirements. We do not practice medicine nor provides medical advice or services. You are advised to seek medical counseling only from qualified healthcare professionals, to read carefully the label of packs and instruction leaflets of any product before use. The information contained on the Sites, Products or Services provided by us, is not intended as a substitute for medical advice or examination by a qualified healthcare professional. We reserve the right to make any changes and corrections to, and/or suspend access to, the Sites and/or Services whenever we consider it appropriate and without notice. The Sites and/or Services may be unavailable from time to time due to network, software, hardware and third-party supplier failures, or updating or development work. We shall not be liable if the Sites and/or Services are unavailable at any time or for any period, including without limitation for any damages arising as a result of such unavailability.

Prohibited Use

You agree not to solicit others to use the Shop, Services or the Sites for any purpose that is unlawful or prohibited by these Terms or by any applicable international, federal, provincial or state regulations, rules, laws, or local ordinances.

You may not use the Services outside of the country where your App Store is located or outside of the country to which our Products have been delivered to You. You agree not to user our Products or Services in jurisdictions where our Products our Services are not commercialized.

You agree not to duplicate, reproduce, copy, sell, resell, trade, distribute or exploit any proportion of the Shop, Sites, App, Products or the Services or any material or information obtained through the Sites or the Services.

You agree not to circumvent, disable, damage or interfere with or get unauthorized access to any security-related features on the Shop, Sites or within the Services, including, but not limited to, using robots, spiders, crawl, scrape or other automatic means for accessing the Sites or the Services.

You agree not to intentionally interfere with, disable, remove or damage the operation of the Shop, Sites or the Services, including but not limited to uploading or otherwise disseminating worms, viruses, spyware or other harmful or malicious code.

You agree not to attempt to identify other Users of the Shop, Sites or Services through phishing, pharming or pretext attempts or methods.

You agree not to make advertisements, offers, proposals or to send junk mail or spam to other Users of the Shop, the Sites or the Services.

For Users of the Shop, the Sites or the Services, you agree not to misrepresent your identity, access any other User Account or provide false or misleading information about yourself or any other User.

Refusal of service

We reserve the right to refuse any of our Services or Products, to any order, person or entity without obligation to assign a reason for doing so.

We reserve Our right to cancel an order if you breach or violate any of the Terms related to the Shop, Sites, Services or Products. We reserve the right to limit the sales or quantities of Products to any person (on case-by-case basis) or geographic region or jurisdiction. These restrictions may include orders placed by or under the same User Account, the same payment method, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Subscription fee and subscription periods

Part of the Services may be accessed by payments which are made in advance. Each payment may cover a period (“Subscription Period”) during which the User may access the part of the Services subscribed for. A Subscription Period can vary in length and can be one month, three months, six months or one year as offered by the Services.

Subscription Fees must be paid using a lawfully payment method for which you have authorization to make a charge. We reserve the right to block access to your User Account until a valid payment method has been provided to cover all charges incurred by You. You are solely responsible for any late payment charges or other charges incurred by You as a result of your use of any payment method to pay a subscription fee.

At the end of each Subscription Period, your subscription will be automatically renewed with one month, three months, six months or one year each time (depending on if your current Subscription Period is of one month, three months, six months or one year respectively). To avoid your subscription period being automatically renewed you may terminate your subscription at your User Account before the last day of your current Subscription Period. The termination will take effect from the last day of your current Subscription Period.

We reserve the right to change the price for a Subscription Period at any time. Price changes for a Subscription Period will take effect at the start of the next Subscription Period following the date of the price change and will be communicated to Users affected by the change before such date. By continuing to use the Services after the price change takes effect you accept the new price. The prices for the Products in the Shop are subject to change without notice.

You may cancel your Subscription at any time, and you will continue to have access to the Services throughout your prepaid Subscription Period. We do not provide refunds, right to return a purchased subscription or credits for any partially used subscription or unused User Account or because of your dissatisfaction with the Services. As the subscription gives You access to the Services (which are a digital service that is not provided on a physical medium) instantaneously after the purchase, We do not offer a right of return (such as refunding the subscription fee). To cancel your Subscription, access your User Account and follow the instructions for cancellation.

Pricing and payments

The prices quoted in the App, Sites or Shop are gross prices in euros and include value added tax. The prices may be displayed in other currencies and automatically converted by a third-party service such as a payment gateway provider into your preferred currency. We reserve the right to adapt or amend the displayed prices at anytime. The valid Prices may differ based on the jurisdiction you are purchasing from.

The price quote includes shipping and packaging costs – which are estimated depending on your location and the ordered Products.

The ownership of any Products or the right to use any of our Services, is conditional to Us receiving the full payment. We reserve the right to charge extra fee for late or incomplete payments.

All extra costs incurred by Us in connection with the collection of any amounts owed by You are on Your account.

Privacy policy

Our Privacy Policy (available at www.pearl-fertility.com/privacy) explains what Personal Identifiable Information we collect about you when you use the Services, the Shop and the Sites. The Privacy Policy is considered to be part of our Terms. By agreeing to these Terms, you agree to our Privacy Policy.

Intellectual property rights

Copyright ©2018 Colorimetrix Inc. All rights reserved. All copyright and other intellectual property rights in all text, images, graphics, sound, software, general ‘look and feel’ and other materials on the, App, Sites and Products and in any of the materials providd by Us are owned by Colorimetrix Inc and its affiliated companies (except for third party content identified as such) or are included with permission of the relevant owner. You may reproduce extracts of graphics and text (except for third party content) by way of printing, downloading to a hard disk, and by distribution to other people for personal non-commercial home use or for informational purposes only adhering to these Terms of Use. Colorimetrix Inc protects its intellectual property rights in accordance with applicable law. All trademarks, service marks and logos displayed on the Sites are either owned or used under license by Us and our affiliates and all rights are reserved. The unauthorized use of any trademark, service mark or logo is strictly prohibited.

The use of the Services and Products does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. Our posting of information or materials on the Services and Products does not constitute a waiver of any right in such information and materials. You may not copy, redistribute or publish any part of the Products or the Services unless We have given you express written consent.

User comments, feedback, and other submissions

If, at our request, you send certain submissions or you send unsolicited creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, as blog post comments, as social media comments or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content and comments that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You are responsible that your comments will not violate any right of Colorimetrix Inc or any third-party, including copyright, trademark, privacy or other personal or intellectual proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Changes to the sites, shops, or services

We reserve the right to make improvements or changes to the Shop, the Sites, the Services and the Products without notice. We also reserve the right to temporarily take down or permanently terminate the Shop, the Products, the Sites, the App and the Services at any time without notice and without being liable to you or any third party. We will take reasonable effort to notify the Users before terminating any of the Products or Services.

Liability limitation

We expressly disclaim any and all liability for Your use of the Service or Product for any other then explicitly allowed purposes, including but not limited to use for contraception or medical purposes.

To the maximum extent permitted by applicable law, Colorimetrix Inc and its affiliates, partners, directors, officers, contractors, licensors, agents, interns, suppliers, service providers and employees (“our associates” hereinafter) (a) disclaim all warranties, either express or implied including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement (b) shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Shop, or for any other claim related in any way to your use of the Services or any Products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or Products, transmitted, or otherwise made available via the Service, even if advised of their possibility. The Service and Products delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

In no event shall We and our associates be liable an amount that exceed the total amount of your payments to Us over the past twelve (12) months, calculated from the event giving rise to the liability.

Any and all claims against Us, regardless of their nature, shall expire one year after the date You have become aware or could reasonably have become aware of the existence of such claim.

We may provide access to third party tools and content as well as links to third party websites on the Sites and Shop over which we have neither a control nor input. You acknowledge and agree that we provide access to this “as is” and “as available” without any warranties or endorsements, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools, content or links to third party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Indemnification

The Services and Products are provided to the User as a service. The User and Us may terminate the subscription at any time, with or without cause. You understand and agree that the cancellation of your User Account is your sole right and remedy with respect to any dispute with Us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

You shall indemnify and hold Us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by You of any of these Terms and Conditions, or any use by You of the Site or Service. You shall provide Us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing Us with such information, documents, records and reasonable access to You, as We deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Miscellaneous

Invalidity

If any provision of these Terms should be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form a part of these Terms. The enforceability of the remainder of these Terms shall not be affected, provided that the remaining provisions of these Terms shall be reasonably adjusted to redress any imbalance caused by such unenforceability.

Entire agreement

The failure of Us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms contain the entire agreement between the User and Us and supersede any previous written or oral agreement between the parties in relation to the subject matters dealt within these Terms.

Headings

The heading references herein are for convenience purposes only and do not constitute a part of these Terms. The heading references shall not be deemed to limit or affect any provision of these Terms.

Jurisdiction and choice of law

All Agreements between You and Us shall be exclusively governed by the laws of the State of Delaware, excluding the UN-Convention on Contracts for the International Sale of Goods.

Disputes shall be submitted to the competent court in the place in which Our registered office is situated. If we mutually agree in writing otherwise, a different manner of dispute settlement may be selected.

Contact

We welcome your feedback regarding our Sites, Shop, and App, or collectively our Products and Services. If you have any questions or suggestions regarding our Terms, please contact us at info: terms@pearl-fertility.com

last updated 28.09.2017