Terms of Service
LAST UPDATED: July 26th, 2021
THESE EASY HEALTHCARE TERMS OF SERVICE (THE “TERMS”) ARE A LEGAL AGREEMENT BETWEEN EASY HEALTHCARE CORPORATION (“EASY HEALTHCARE”, “WE,” “US” or “OUR”) AND YOU. THESE TERMS DESCRIBE THE TERMS AND CONDITIONS ON WHICH WE WILL OFFER YOU ACCESS TO OUR WEBSITE (“SITE”), SOFTWARE (AS FURTHER DEFINED HEREIN) AND MOBILE APPLICATION (“APP”) (THE SITE, SOFTWARE AND APP TOGETHER ARE CALLED “PREMOM” OR THE “SERVICES”).
THESE TERMS CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF EASY HEALTHCARE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, BECAUSE ACCESSING AND USING THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS, YOU ARE NOT PERMITTED TO INSTALL, COPY, USE, OR TRANSFER THE SOFTWARE AND YOU WILL NOT HAVE ANY RIGHTS HEREUNDER TO THE SOFTWARE OR TO USE THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD PROMPTLY UNINSTALL THE SOFTWARE. THE SOFTWARE IS COPYRIGHTED AND LICENSED AND IS NOT SOLD.
DISCLAIMER: THE SERVICES ARE INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. NEITHER EASY HEALTHCARE NOR THE SERVICES OFFER, NOR ARE THE ONE-ON-ONE CONSULTATIONS MADE AVAILABLE THROUGH THE SERVICES INTENDED TO OFFER ANY MEDICAL ADVICE, DIAGNOSIS, OR TREATMENTS. THE INFORMATION AVAILABLE THROUGH THE SERVICES SHOULD NOT BE CONSTRUED AS, AND EASY HEALTH CARE DISCLAIMS THE PRACTICE OF MEDICINE PURSUANT TO THE SERVICES.
CALL 911 IMMEDIATELY IF YOU THINK YOU HAVE A MEDICAL EMERGENCY.
ALWAYS CONSULT YOUR PHYSICIAN AND ANY OTHER APPROPRIATE HEALTH CARE PROFESSIONALS IF YOU HAVE ANY MEDICAL QUESTIONS, CONCERNS ABOUT MEDICAL CONDITIONS, OR FOR ANY OTHER MATTERS RELATING TO YOUR HEALTH. THE SERVICES ARE NOT INTENDED TO BE USED TO PROVIDE MEDICAL ADVICE OR AS A SUBSTITUTE FOR CONSULTING WITH YOUR DOCTOR OR OTHER HEALTH CARE PRACTITIONER, NOR ARE THE ONE-ON-ONE CONSULTATIONS MADE AVAILABLE THROUGH THE SERVICES INTENDED TO REPLACE THE ADVICE, ANALYSIS, TREATMENT, OR JUDGMENT OF YOUR HEALTH CARE PROVIDER.
THE INFORMATION PROVIDED THROUGH THE SERVICES IS DESIGNED FOR GENERAL USE TO HELP YOU MAKE EDUCATED DECISIONS ABOUT YOUR OVULATION CYCLE AND FERTILITY HEALTH. YOU SHOULD NOT DEPEND ON OR USE THIS INFORMATION AS MEDICAL ADVICE. YOU HEREBY AGREE THAT YOU SHALL NOT MAKE ANY HEALTH OR MEDICAL RELATED DECISION BASED IN WHOLE OR IN PART ON ACCESS OR USE OF THE SERVICES OR ANY INFORMATION PROVIDED THROUGH THE SERVICES. EASY HEALTHCARE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES. YOU ASSUME ALL RISK AND LIABILITY FOR YOUR USE OF, OR RELIANCE ON, THE SOFTWARE OR ANY INFORMATION PROVIDED THROUGH THE SERVICES.
BY DOWNLOADING, ACCESSING, OR USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE.
1. Changes to Terms.
1.1. Easy Healthcare reserves the right to add, remove, or modify any portion of these Terms at any time. You are obligated to check these Terms for any changes or modifications thereto. Changes and modifications to these Terms will be effective immediately. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the changes have been posted indicate that you agree to and accept these changes.
1.2. The Effective Date of these Terms is set forth at the top of this page. As of the Effective Date, the amended Terms supersede all previous versions of our agreements, notices or statements about these Terms.
1.3. Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with the features. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply.
1.4. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the Services to which they relate. These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail for the Services to which the Additional Terms apply.
2. The Services.
3. Using the Services.
3.1. You must be 16 years or older to be eligible to use the Services.
3.2. You are required to create an account (“Account”) to use certain features of the Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services. You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes. Easy Healthcare treats access to the Services through your Account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited. Easy Healthcare may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify Easy Healthcare using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.
3.3. If you share your Account username and password with another person, that person may be able to view personally identifiable health information about you.
3.4. You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.
3.5. You understand and agree that all of your activities within the Services will be tracked.
3.6. Easy Healthcare does not provide any warranty regarding the Services’ operation in accordance with its intended use or any other use, as further set forth below.
4. Prohibited Use of the Services.
4.1.1. Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts or Easy Healthcare’s computer systems or networks.
4.1.2. Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
4.1.3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services, or cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
4.1.4. Use the Services to advertise, buy or sell any products or services;
4.1.5. Reformat or frame any portion of the web pages that are part of the Services;
4.1.6. Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type; or
4.1.7. Create an Account under fraudulent pretenses.
4.2. You can stop all collection of information by the App by uninstalling it. You may use the standard uninstall processes available as part of your mobile device or via the App Platform (as defined herein).
5.2. The consultations are conducted via a video call using a third-party service provider and must be scheduled at least 48 hours in advance in the App. The number of Minutes you have will be shown in your account in Premom and may change from time to time. You may allocate your available Minutes to one or more calls with pre-set durations as set forth by Easy Healthcare. If a call exceeds your available Minutes, you can purchase follow-up packages of additional minutes. The exact time slots and follow-up packages are subject to change. You may cancel or reschedule an appointment up to 24 hours before the scheduled time. Cancelations or rescheduling after that point, as well as no-shows, lead to a subtraction of the originally scheduled time from your call credit.
5.3. Easy Healthcare does not provide or facilitate any professional health care services. The Providers are independent of Easy Healthcare and only using the Services to communicate with you. Any information, education or advice received from a Provider through the Services comes from and is the sole responsibility of the Provider, and does not come from Easy Healthcare. Your interactions with the Providers via the Services are not intended to replace of your relationship(s) with your regular health care practitioner(s).
5.4. NEITHER EASY HEALTHCARE NOR ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY INFORMATION, EDUCATION OR ADVICE YOU OBTAIN FROM A PROVIDER VIA THE SERVICES NOR FOR ANY INFORMATION OBTAINED FROM THE SERVICES. ANY INFORMATION, EDUCATION OR ADVICE IS PROVIDED IN THE PROVIDER’S SOLE DISCRETION AND IS NOT THE RESPONSIBILITY OF EASY HEALTHCARE. YOU ACKNOWLEDGE YOUR RELIANCE ON ANY PROVIDERS OR INFORMATION PROVIDED BY OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.
5.5. While Easy Healthcare takes steps to verify the information provided by the Providers on their profiles, Easy Healthcare does not make any representations or warranties about the training or skill of any Providers available through the Services. Easy Healthcare does not recommend or endorse any specific Provider that may be mentioned on the Site or App. In no event will Easy Healthcare be liable to the user or anyone else for any decision made or action taken by the user or anyone else on basis of the information provided on the Site and/or App or through the Services. You are ultimately responsible for choosing your particular Provider on the Services.
5.6. You hereby certify that you are physically located in the State you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification. IN THE EVENT THAT YOUR CERTIFICATION IS INACCURATE, YOU AGREE TO INDEMNIFY EASY HEALTHCARE AND THE PROVIDERS YOU INTERACT WITH FROM ANY RESULTING DAMAGES, COSTS, OR CLAIMS.
5.7. Prior to scheduling any one-on-one virtual consultation, you must sign a consent form acknowledging that Easy Healthcare may use and disclose your Data within the Services to Providers. By scheduling the consultation, you consent to the informational and educational consultation. You agree to hold harmless Easy Healthcare and any Consultant or Provider from all liability and damages resulting from the lawful use and disclosure of your Data.
6. Payment Authorization
6.2. By providing a credit card or other payment method accepted by Easy Healthcare (“Payment Method”), you are expressly agreeing that we are authorized to charge to the Payment Method (i) to collect payment from you on behalf of the Providers providing you the consultation(s); and (ii) any fees for your use of the Services, together with any applicable taxes. You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify Easy Healthcare of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the consultations or Services that correspond to consultation fees.
6.3. You acknowledge and agree that fees for consultations may increase at any time.
7. 9-Cycle Money-Back Guarantee.
7.2. You may be eligible to receive a full refund on the Eligible Products if the following conditions are met:
7.2.1. You signed-up for our 9-Cycle Program.
7.2.2. You uploaded your ovulation and pregnancy test results to the app in each menstrual cycle. Ovulation and pregnancy tests uploaded must be those included as an Eligible Products.
7.2.3. Your luteinizing hormone (LH) peak was detected and appeared in your Premom chart in each cycle.
7.2.4. You had intercourse on at least one of your peak fertility days and ovulation day in each menstrual cycle and logged it in Premom.
7.2.5. You did not get pregnant after 9 complete cycles upon starting this program. These complete cycles do not need to be consecutive, as long as a 2-cycle gap is not exceeded.
7.2.6. You are the original purchaser of all Eligible Products and your Order ID is searchable by us from Amazon.com, Walmart.com, Premom.com, Healthcare-manager.com, or any other stores authorized or owned by Easy@Home and Premom. The original purchaser must submit their Order ID’s when submitting a refund request.
7.2.7. The quantity of Eligible Products submitted for a refund does not exceed 150% of your uploaded tests on the App.
7.3. If the above conditions are met, you may submit a refund form. By submitting this refund form, you allow Premom to have access to your chart history to review whether or not you have met all of the refund criteria. All of your Data and test results must be authentic. Modifying past cycle's data or tests can result in the loss of the listed privileges, including your money-back on all eligible products.
7.4. You are also eligible for the following privileges after signing up for the program:
7.4.1 Free consultation after 6 complete cycles of trying and not getting pregnant upon starting the program. 9-Cycle Program providers will be chosen from a pre-selected group. A fertility provider qualified for the free consultation will be noted by a “9” symbol on the provider’s main profile. In order to qualify for this consultation:
(a) You must fulfill 6 green bars. Green bars appear if you have properly uploaded ovulation tests and pregnancy tests and found LH peak OR logged BBT and found the BBT spike and coverline. Had intercourse on at least one of your peak fertility days and ovulation days in each menstrual cycle and logged the activity in Premom during the cycle.
(b) You must use Easy@Home and Premom branded products.
(c) The consultation service is currently only available to users within the US and Canada, unless otherwise stated. Premom will only compensate for one fertility consultation as part of the guarantee program, whether or not the Premom user is in attendance.
7.4.2 Personalized progress report and cycle report
7.4.3 More accurate analytics and prediction
7.4.4 Personalized & VIP Care
7.4.5 Insights relevant to your unique cycle
7.5 According to the requirements of the 9-Cycle Program, all of your data and test results must be authentic. Modifying past cycle's data or tests can result in the loss of the listed privileges.
7.6 Please visit our money-back guarantee page for more details: https://premom.com/pages/money-back-guarantee-program
9. Medical Advice Disclaimer
10. Software Licenses; General Restrictions.
10.1.1. Subject to the terms and conditions of these Terms, Easy Healthcare hereby grants to you, and you accept, a non-exclusive, non-transferable license to install and use on your mobile device the Premom software provided to you by Easy Healthcare in the original, unmodified, machine-readable, object code form only, including, without limitation, any data structures created by such programs, and all upgrades, enhancements, and new version releases of any of the foregoing that Easy Healthcare may provide to you from time to time (collectively referred to as the “Software”).
10.1.2. Certain computer software components licensed by one or more third-parties may be provided with the Software. Easy Healthcare grants you a non-exclusive, non-transferable license to use one copy of any third-party software provided by Easy Healthcare with the Software (“Third-Party Software”) on the terms herein and such terms (if any) as may be set forth in the Software’s documentation (including any additional terms therein). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL THIRD-PARTY SOFTWARE IS PROVIDED “AS IS” AND WITH ALL FAULTS. THE PROVISIONS REGARDING DISCLAIMER OF WARRANTIES, EXCLUSION OF CONSEQUENTIAL AND CERTAIN OTHER DAMAGES AND LIMITATION OF LIABILITY BELOW APPLY TO SUCH THIRD-PARTY SOFTWARE.
10.2. General License Restrictions. You will use the Software (i) only for your personal purposes, only for your direct benefit, and not for the purposes of any third party nor for any timesharing, rental, Internet, or application service provider, commercial hosting services, or service bureau basis, and (ii) only to the extent it is licensed hereunder and provided you have paid all license fees, if any, for the Software. You will not, without Easy Healthcare’s prior written consent in each instance, voluntarily or involuntarily in any form or manner assign, sublicense, transfer, pledge, lease, network, rent, loan or share the Software or any rights under these Terms to or with any other person or entity, including, without limitation, any assignment or transfer incident to merger or consolidation with another entity, or any assignment or transfer by operation of law. Any such assignment, sublicense, transfer, pledge, lease, network, rental, loan, or sharing absent Easy Healthcare’s prior written consent will be void and of no force or effect and will cause the immediate termination of these Terms. Furthermore, you will not publish, disclose, or otherwise display in writing, electronically or otherwise, any part of the Software without Easy Healthcare’s prior written consent in each such instance, any such publication, disclosure, or display absent Easy Healthcare’s prior written consent which will cause the immediate termination of these Terms.
10.3. Use Restrictions. You will use the Software only in its original form, and will not reverse engineer, decompile, disassemble, decrypt, re-engineer, reverse assemble, reverse compile, or otherwise translate or create, attempt to create the source code of the Software or its structural framework (in whole or in part), or perform any process intended to determine the source code for the Software, or assist or otherwise facilitate others any of the foregoing. You will not modify, enhance, or create derivative works based upon the Software (in whole or in part), including, without limitation, any derivative works based upon the database structures of the Software, or otherwise change the Software. You agree that any modification, enhancement, derivative work, or other improvement to the Software developed by Easy Healthcare or you, whether with or without the consent, advice, and/or support of Easy Healthcare, will be Easy Healthcare’s exclusive property and subject to and governed under the terms and conditions of this these Terms, and you hereby assign to Easy Healthcare all such rights, title, and interest therein.
10.4. Limitations On Use. The Software is a fertility tracking application used to gather age and menstrual cycle information. The Software does not provide any diagnostic or clinical functions. THE SOFTWARE DOES NOT REPLACE THE ADVICE OR DIAGNOSIS OF A TRAINED, LICENSED PHYSICIAN. THE SOFTWARE DOES NOT REPLACE REGULAR VISITS OR CHECKUPS WITH A GYNECOLOGIST OR OTHER LICENSED PHYSICIAN. PLEASE CONSULT A PHYSICIAN PRIOR TO USING THE SOFTWARE. THE SOFTWARE ALLOWS YOU TO TRACK YOU MENSTRUAL CYCLE AND OVULATION FOR OPTIMAL FERTILITY PURPOSES. EASY HEALTHCARE MAKES NO REPRESENTATIONS OR WARRANTIES ON THE ABILITY OF THE SOFTWARE TO HELP YOU SUCCESSFULLY CONCEIVE A CHILD. The Software and any content created or entered into the Software is stored on your mobile device. The content and Data that you store in the Software is restricted and protected by a password created and selected by you. Easy Healthcare does not track or retain user passwords or user content. You are solely responsible for passwords, your content, and the risk of loss of your content and the risk of inability to access your content due to a forgotten password. Easy Healthcare is not able to retrieve lost content or content that is password protected for which you have forgotten the password. Do not send any content created by the Software through email. EASY HEALTHCARE MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE COMPLIES WITH THE HIPAA REGULATIONS.
11. Ownership of Content.
12. Software Support.
15. Links to Other Websites and Services.
16. Software limited Warranty.
17. General Disclaimers.
17.2. EXCEPT AS EXPRESSLY PROVIDED HEREIN, EASY HEALTHCARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET ALL OF YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY OR ALL DEFECTS WILL BE CORRECTED. EASY HEALTHCARE IS NOT RESPONSIBLE FOR ANY DEFECT OR ERROR RESULTING FROM: (I) THE MODIFICATION, MISUSE, OR DAMAGE OF THE SOFTWARE BY PARTIES OTHER THAN EASY HEALTHCARE OR PARTIES PERFORMING AS A CONTRACTOR TO, AND AT THE DIRECTION OF, EASY HEALTHCARE; (II) YOUR FAILURE TO INSTALL ALL BUG FIXES OR OTHER DEFECT CORRECTIONS WHICH ARE MADE AVAILABLE BY EASY HEALTHCARE; (III) USE OF THE SOFTWARE IN A MANNER INCONSISTENT WITH THE DIRECTIONS PROVIDED IN THE DOCUMENTATION OR AS PERMITTED BY THESE TERMS; (IV) ANY COMPUTER VIRUS; OR (V) ANY DEFECT IN OR FAILURE OF ANY THIRD PARTY’S INDIVIDUAL COMPUTER, EQUIPMENT, NETWORK OR SOFTWARE, OR FOR ANY USER ERROR. EASY HEALTHCARE DOES NOT WARRANT AND WILL HAVE NO LIABILITY WITH RESPECT TO NON-EASY HEALTHCARE SOFTWARE, PRODUCTS, OR SERVICES INCLUDING, WITHOUT LIMITATION, THIRD-PARTY SOFTWARE OR HARDWARE, INTERNET CONNECTIONS OR CONNECTIVITY OR COMPUTER NETWORKS.
17.3. YOU UNDERSTAND THAT EASY HEALTHCARE TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE SERVICES, COMMUNICATION LINES, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE SERVICES.
17.4. YOU FURTHER UNDERSTAND THAT EASY HEALTHCARE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY HEALTH-RELATED INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES.
17.5. EASY HEALTHCARE does not GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY, INCLUDING PROVIDERS.
18. Limitations On Liability.
18.2. Limitation. EASY HEALTHCARE PROVIDES THE SOFTWARE AT NO CHARGE TO YOU. IN CONSIDERATION FOR, AND AS A FUNDAMENTAL AND EXPRESS CONDITION OF ENABLING USE OF THE SOFTWARE WITHOUT CHARGE, AND NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, EASY HEALTHCARE WILL NOT HAVE ANY LIABILITY FOR ANY MATTER ARISING OUT OF THE SUBJECT MATTER OF THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEPT THE SOFTWARE WARRANTY REMEDY AND AS EXPRESSLY REQUIRED BY APPLICABLE LAW. THE LIMITATIONS HEREIN SHALL APPLY EVEN IF THE SOFTWARE WARRANTY REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY OR ALL LOSSES, OR IF EASY HEALTHCARE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF CONSEQUENTIAL DAMAGES. SOME LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IF YOU RESIDE IN CERTAIN JURISDICTIONS. THE APPLICATION OF SOFTWARE DOES NOT FUNCTION AS A DIAGNOSIS TOOL AND ITS PREDICTION ACCURACY HAS LIMITATION DEPENDING ON THE DATA YOU PROVIDED.
18.3. The foregoing disclaimers of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Easy Healthcare would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
19. Compliance With Export Laws.
20. International Use.
21. General Provisions.
21.3. Governing Law. These Terms will be construed and governed in accordance with the laws of the State of Illinois, without regard to any rules of conflicts or choice of law provisions that would require the application of the laws of any other jurisdiction. The parties hereto hereby submit to the exclusive jurisdiction and venue of the courts of the State of Illinois for any action or legal proceeding related to or arising under these Terms and waive any objections based on forum non conveniences. If for any reason the courts of the State of Illinois do not have jurisdiction over the matter or a party, then Easy Healthcare may elect to commence any such action or proceeding in any court having jurisdiction over you. These Terms will be construed and enforced without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act.
21.4. Attorneys’ Fees. In any action to interpret or enforce these Terms, the prevailing party will be awarded all court costs and reasonable attorneys’ fees and costs and expenses of investigation incurred.
21.5. Waiver. The waiver by any party hereto of a breach or a default of any provision of these Terms by another party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party.
21.6. Cumulative Remedies. Except as otherwise provided in these Terms, all remedies of the parties hereunder are non-exclusive and are in addition to all other available legal and equitable remedies.
21.7. Headings. Captions and headings contained in these Terms have been included for ease of reference and convenience and shall not be considered in interpreting or construing these Terms.
21.8. Assignment; Successors. The terms and conditions of these Terms will inure to the benefit of and be enforceable by the parties hereto and their permitted successors and assigns; provided, that the only permitted successor or assignee shall be a party that acquires all or substantially all of the business and assets of Easy Healthcare, whether by merger, sale of assets or otherwise by operation of law. You will not assign these Terms, or any right, interest or obligation under these Terms, or in or relating to the Software. Any attempted assignment or delegation in contravention of this provision shall be void and ineffective.
21.9. Severability. Unless specifically identified above, if any provision of these Terms is unenforceable for any reason, other terms are unaffected.
21.10. Construction of Agreement. Each party agrees that in the event that these Terms or any other documents delivered in connection with the transactions contemplated by these Terms contain any ambiguity, such ambiguity will not be construed or interpreted against the drafting party. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of these Terms, which will be considered as a whole.
22. Ask an Expert
22.2.1. Only one question may be asked per submission. In the case multiple questions are asked under one submission, the expert will only be obliged to answer the first question in the submission.
22.2.2. You agree to only submit fertility-related questions that describe a general situation and/or symptom, and withhold enough information so the question does not reflect, identify, or make identifiable a specific individual, including yourself or another user. Questions that do not comply with these terms will not be answered. Experts have the sole discretion to determine if a question complies with these terms.
22.2.3. Content that is inappropriate, racial, sexual, abusive, threatening, defamatory, hateful, offensive, harmful or otherwise violates the law content will not be permitted. Experts will not respond to such content and, upon receiving such content, Easy Healthcare will automatically revoke the offending user’s privilege to use this service in the future.
22.2.4. Experts will generally respond within a 24-hour standard business period. Question answer times will vary depending on time of question asked, availability of experts, question demand, and difficulty of question asked. In the case an expert does not respond to an answer within a 24-hour business time period, a refund will be issued back to the user's account and a new expert will be notified to respond to the user’s question free of charge.
22.2.5. Premom’s selected experts are trained and qualified on reading graphs and charts provided from the Premom application. Experts may not respond fully to content attached to a question that reflects charts or other materials that are not directly from the Premom app.
22.2.6. Expert responses to questions will vary in length, truthfulness, accuracy, completeness and/or reliability and are solely offered for educational purposes. Easy Healthcare does not endorse any opinions the experts may express in response to answers.
22.2.7. The “Ask an Expert” service is currently only available for users residing in the United States.
22.3. ANONYMITY. When you submit questions for public viewing, your Personal Identifiable Information (“PII”) will not be shared with any other users.
More specifically, users are prompted before each question submission to allow their question and any subsequent answer to be published on the Premom public question and answer board for other users’ viewing. All such questions remain anonymous and are not traceable to the original user of the question by other users. Public viewing of such questions is a paid feature for Premom Membership subscribers. 22.4. EXTERNAL LINKS. Experts may provide external links to third-party websites. You acknowledge that Easy Healthcare is in no way responsible or liable for any information, content, or opinions expressed on those websites or for the accuracy, relevance, correctness, or timeliness thereof. This may include but is not limited to: infographics, products, videos, content, opinions, advice, affiliates and other third party information.
22.5. NEITHER EASY HEALTHCARE NOR ANY OF ITS LICENSORS, SUPPLIERS, BUSINESS PARTNERS, PROVIDERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY INFORMATION, EDUCATION OR ADVICE YOU OBTAIN FROM AN EXPERT VIA THE SERVICES OR FOR ANY INFORMATION OBTAINED FROM THE SERVICES. ANY INFORMATION, EDUCATION OR ADVICE IS PROVIDED IN THE EXPERT’S SOLE DISCRETION AND IS NOT THE RESPONSIBILITY OF EASY HEALTHCARE. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY OF THE EXPERTS OR INFORMATION PROVIDED BY OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EASY HEALTHCARE MAKES NO GUARANTEES, CLAIMS, OR DECLARATIONS ABOUT THE FOLLOWING:
- Service interruptions, data loss, hacking, viruses, errors, glitches.
- The accuracy, relevance, correctness, and timeliness of content, infographics, advice, opinions, data, links, third-party links provided through the service.
22.6. You acknowledge that Easy Healthcare has the sole rights to use and access user questions and any subsequent answer for purposes such as, without limitation, training experts, quality control, the “question of the day” feature, and other uses the Company deems appropriate for the broader benefit of its users. All such questions and answers will be anonymous and untraceable to the original user.
22.7. MEDICAL QUESTIONS. Medical-related questions asked on this service will not be answered. This may include, but is not limited to:
- Maternal Care
- Family Medical History
THIS SERVICE IS SOLELY EDUCATIONAL AND INFORMATIONAL IN NATURE. EASY HEALTHCARE AND ITS DESIGNATED EXPERTS DO NOT PROVIDE, AND USERS SHOULD NOT SEEK, ANY MEDICAL ADVICE, TREATMENTS, OR DIAGNOSES THROUGH THIS FEATURE.
22.8.1. Question Credits. Premom may offer you the ability to acquire licenses to in-app currency (“Question Credits”), such as by: (a) purchasing a limited license to use Question Credits for a fee (“Purchased Question Credits”), or (b) earning a limited license to use Question Credits by performing or accomplishing specific tasks in the app. Also, Premom may facilitate the exchange of certain content through the app, in some cases for a fee. You may only use such Question Credits if you pay the associated fee (if any). When you earn or pay the fee to obtain such Question Credits, you are obtaining or purchasing from Premom the right to have your license include such Question Credits. Regardless of any references Premom may make outside this Agreement to purchasing or selling Question Credits, both Question Credits are licensed, not sold, to you under the license.
Question Credits are not redeemable for money or monetary value from Premom or any other person, except as otherwise required by applicable law. Question Credits do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither Premom nor any other person or entity has any obligation to exchange Question Credits for anything of value, including, but not limited to, real currency. You agree that Premom may engage in actions that may impact the perceived value or purchase price, if applicable, of Question Credits at any time, except as prohibited by applicable law.
All purchases of Purchased Question Credits are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. Premom, in its sole discretion, may impose limits on the amount of Question Credits that may be purchased, earned, accumulated, redeemed or otherwise used.
Except as otherwise prohibited by applicable law, Premom, in its sole discretion, has the absolute right to manage, modify, substitute, replace, suspend, cancel or eliminate Question Credits, including your ability to access or use Question Credits, without notice or liability to you. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Question Credits except within the app and as expressly permitted by Premom.
Except as otherwise prohibited by applicable law, Premom reserves and retains all rights, title, and interest, property or otherwise, in and to the Question Credits. The license to Question Credits under the License will terminate upon termination of the License and as otherwise provided herein.
When you provide payment information to Premom or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you, and you authorize Premom to charge such payment method for the full amount of the transaction.
22.8.2. Redemption. We offer the “Ask an Expert” service in exchange for a single payment per question. Questions are paid for in Question Credits. One Question Credit is redeemable for one question. Question Credits can be purchased through credit card, PayPal or Apple Pay.
22.8.3 Refunds. Refunds for “Ask an Expert” will only be issued if a submitted question was not answered within 24 business hours upon submission of the question. No other refunds or exchanges will be issued in connection with this service. If you are eligible for a refund, depending on your bank, it may take up to 14 business days for the refund to be reflected in your account.
22.9. COPYRIGHT. Easy Healthcare is not responsible or liable for an expert’s use of any copyrighted or trademarked material. If you believe the answer to any of your questions may have been copyrighted, please contact firstname.lastname@example.org with additional information on the specific case so Easy Healthcare may further assess.
23.1. Premom offers additional services (“Membership”), which include additional information and analysis. Premom offers three tri-monthly Membership plans, in addition to a free plan. In order to provide the best value, Premom Membership is offered in 3-month (90-day) subscription periods. You acknowledge that Premom may charge a fee for the use of any benefits associated with Membership, provided that Premom notifies you of any such fee before you incur it for the first time. Subject to the foregoing, you agree to pay any fees incurred by you. If your agreement to purchase Membership includes an “auto renewal” feature, you agree that you may only terminate such auto renewal in accordance with the processes described below under “Payment” or as may be specifically set forth on the Premom App. In the event that Premom ceases to provide Membership prior to the end of the term of your subscription, you may request a refund through the Apple App Store/Google Play Store. You acknowledge and agree, however, that you will not have any right to a refund in the event that Membership benefits are temporarily unavailable for technical or other reasons, or that Premom changes the Membership benefits that you purchased, terminates any feature or functionality of such services, begins to offer such services to other users without charge or makes any other changes to such services. YOU UNDERSTAND THAT YOU MAY NOT RECEIVE A REFUND OF ANY AMOUNT EXCEPT IN EXCEPTIONAL CIRCUMSTANCES, AND THEN ONLY THROUGH THE APPLE/GOOGLE SYSTEM YOU USED TO PURCHASE THE SUBSCRIPTION. Furthermore, in the event that your account is terminated or suspended for any reason (e.g., in connection with a material breach of these Terms or based on the discretion of Premom), any unearned subscription payments will be forfeited unless the Company decides to issue a refund in its sole and absolute discretion.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to make use of benefits associated with your Membership, you have no right or title in, or to, any such benefits or any other information associated or stored in connection with your Membership. Your right to make use of your Membership and associated benefits is not transferable by you and, as with all materials available through your Membership may not be resold, repackaged, sublicensed or otherwise made available to third parties.
Premom reserves the right to discontinue or change the content of Membership and any associated benefits in any way and at any time, with or without notice to you, without liability, except to the extent it terminates the offering of Membership in its entirety.
You are recommended to have at least 1 completed cycle to be eligible for Membership. This is to ensure that you have the best experience as a Premom member and are able to make the most of your Membership.
23.3. MEMBERSHIP BENEFIT DETAILS
For more details, please refer to the landing page of each benefit. We reserve the right to change these benefits from time to time, and such changes will become applicable to you if you continue to use the Premom application and website.
23.3.1. Free Ovulation Test Kit
- Receive 1 ovulation predictor kit (50 LH + 20 HCG) every 3 months (90-day) period. The first shipment is automatically processed approximately 1-2 weeks after you register for Membership and your profile has been set up. Shipping is only available in the United States and cannot be processed without accurate address information.
- We will not communicate, spread, publish or otherwise give away your name, phone number, and address information. You'll be able to update your shipping address through your Membership profile.
- If you get a refund from your Membership subscription because you unsubscribed, you may not receive an ovulation predictor kit.
Depending on your Membership plan and cycle length, you may receive anywhere from 1-9 Cycle Reports during each Membership period. Your menstrual cycle is considered to be the time from the first day of bleeding during your period to the day before your next period begins. Be sure to log the start and end of your period each cycle. Content may or may not change depending on data. If you don't log data, your reports will have no data. It is the member’s sole responsibility to enter data. You may receive the same cycle report information month after month if there is no change to your cycle data in the app.
23.3.2. Cycle Analysis Reports
If you already have data logged for 1 cycle, you will receive your Cycle Analysis Report 24 hours after subscribing. Otherwise, your Cycle Analysis Report will be available upon completion of a full menstrual cycle.
23.3.3. Cycle Comparison Reports
If you already have data logged for more than one cycle, you will receive your Cycle Comparison Report 24 hours after subscribing. Otherwise, your Cycle Comparison Report will be available after the completion of more than one cycle.
23.3.4. Fertility Expert’s Report & Plan
If you already have data logged for one cycle, you may receive your Fertility Expert’s Report & Plan 1-3 weeks after subscribing. Otherwise, your Fertility Expert’s Report & Plan will be available upon completion of a full menstrual cycle. If an expert has begun working on your report, any changes made to your data will not be reflected in the pending report. Cycle days that have been included in previous reports will not be included in future reports, regardless of recategorization of cycles or edits to past cycles.
THIS SERVICE IS SOLELY EDUCATIONAL AND INFORMATIONAL IN NATURE. EASY HEALTHCARE AND ITS DESIGNATED EXPERTS DO NOT PROVIDE, AND USERS SHOULD NOT SEEK, ANY MEDICAL ADVICE, TREATMENTS, OR DIAGNOSES THROUGH THIS FEATURE.
Easy Healthcare does not provide or facilitate any professional health care services. Any information, education or advice received from a Provider through the Services should not be interpreted as medical advice. Your interactions with the Providers via the Services are not intended to replace of your relationship(s) with your regular health care practitioner(s).
NEITHER EASY HEALTHCARE NOR ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY INFORMATION, EDUCATION OR ADVICE YOU OBTAIN FROM A PROVIDER VIA THE SERVICES NOR FOR ANY INFORMATION OBTAINED FROM THE SERVICES. ANY INFORMATION, EDUCATION OR ADVICE IS PROVIDED IN THE PROVIDER’S SOLE DISCRETION AND IS NOT THE RESPONSIBILITY OF EASY HEALTHCARE. YOU ACKNOWLEDGE YOUR RELIANCE ON ANY PROVIDERS OR INFORMATION PROVIDED BY OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.
23.3.5 Credits for the “Ask an Expert” Service
If you purchase a 3-month (90-day) Gold or Platinum Membership subscription, your Premom account will automatically be credited with the select monthly Question Credits specified in your given Membership tier. Unused Question Credits for a given month will roll over to the next month as long as the Membership has not been terminated. If a Membership is terminated before the end of the 3-month (90-day) period, a user will keep the current Question Credits in their account but will not be granted the following month’s Question Credits. No refunds will be given after a credit is purchased or after a credit is used for a submitted question. See www. premom.com/pages/terms-of-service
You will pay for your Membership through the Apple/Google Play system through which you obtained the Premom App. You agree to pay all charges you subscribe to on the Premom App. The credit/debit card linked to your Apple/Google Play account will be charged for any Membership purchase. You are required to pay for a full 3-month (90-day) period when initially registering for Membership. Your subscription period begins when you join the subscription, not at the beginning of the month.
23.4.1 Automatic Renewal
Your Membership will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew and your account will be automatically charged for the renewal unless you cancel at least 24 hours before the end of the current subscription period.
By subscribing, you authorize the Apple/Google Play system to charge your account at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Payment will be charged to your iTunes/Google Play account after payment confirmation. Your tri-monthly subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current subscription period. Your iTunes/Google Play account will be charged for renewal within 24 hours of the end of the current subscription period.
If you are an iOS user, to upgrade from a lower-tier to a higher-tier of Membership, you will need to purchase the higher-tier subscription. Your higher-tier subscription will begin immediately, and you will receive a refund for your original subscription, prorated over the number of days remaining in your original subscription period.
If you are an Android user, to upgrade from a lower-tier to a higher-tier of Membership, you will need to pay the difference in applicable fees prorated over the number of days remaining in your current subscription period.
You can manage, upgrade, and cancel your subscription by accessing the Apple App/Google Play Store. If you do not wish for to renew your subscription automatically, or if you want to change or terminate your subscription, please login and go to your AppleID/Google account settings. The Premom App settings will show the status of your subscription and will link to the appropriate AppleID/Google account subscription settings – but you must go to those settings to change your subscription. It is your responsibility to track when subscriptions commence and renew. If you unsubscribe, you will still have access to free benefits including the 9-Cycle Money Back Guarantee. If you wish to opt out of the 9-Cycle Money Back Guarantee, you will need to do so by accessing the Guarantee Program page separately. You understand that any changes to your subscription may result in problems accessing your Membership and any associated benefits.
If you are an iOS user, please refer to Apple’s policy for refund information, and refer to How to cancel a subscription provided by Apple for more information.
If you are an Android user, please refer to Google's policy for refund information, and refer to Cancel, pause, or change a subscription on Google Play for more subscription information.
Please email Easy Healthcare Corporation (email@example.com).