Last date of modification: Aug 2, 2017
Below is an explanation of Clue’s policies. Please read carefully, and note that you must be at least 13 years old to create an account.
This Terms of Service Agreement (Agreement) is a legally binding and valid agreement that, in addition to our Privacy and Security Policy, governs the use of the service (the Service) as provided via the App “Clue” (the App) available in the Apple App Store and Google Play Store (the Stores).
The Service is provided by BioWink GmbH, located at Adalbertstraße 7-8, 10999 Berlin (BioWink or we). Please visit our website at helloclue.com to contact us.
The Agreement controls the relationship between you and BioWink and does not establish any third party beneficiary rights.
You must be at least 13 years old (the “Minimum Age”) to create an account. If you are a parent or guardian of a dependent who is younger than the legal age of majority in your location of residence, you may accept this Agreement on behalf of the minor dependent, but thereby take full responsibility for their use of the Service.
By using the Service, you agree to the Terms of Service.
2. About Clue
“Clue” provides a way to monitor and share your menstrual cycle, as well as related details regarding your period and female health. In order to provide more accurate results, we combine the anonymous data of all users to find patterns. We generally offer free basic services and fee-based subscription services that provide additional functionalities. PLEASE DO NOT USE “CLUE” FOR CONTRACEPTIVE OR MEDICAL PURPOSES. IN CASE OF ANY INDIVIDUAL HEALTH ISSUES, CONSULT A MEDICAL PROFESSIONAL.
The Service is intended to provide general informational content about female health, fertility, pregnancy, menstruation and related topics. It collects user entered and otherwise provided data points related to the menstrual cycle, physical activities, health and medication and the body of the user. These data points allow statistical and algorithm based data processing for medical overviews and correlations of occurrences of events related to the menstrual cycle phases and female health in general. The Service further provides functionalities to share information with other users.
THE SERVICE IS NOT INTENDED TO REPLACE CONTRACEPTIVE MEASURES AND/OR MEDICAL ADVICE. BY USING THE SERVICE, YOU AGREE TO USE THE SERVICE FOR THE INTENDED INFORMATION AND COMMUNICATION PURPOSES ONLY AND PARTICULARLY NOT FOR CONTRACEPTION AND/OR MEDICAL PURPOSES.
The Service can be used in the following modes: (i) use without creating an account; in such case, data will only be stored locally on your device (the Local Service), (ii) use subject to creating an account, in such case, data will be stored locally on your device as well as on our servers so that the Service can be used over several devices that are logged in (the Online Service), (iii) use subject to creating an account and subscribing to fee-based additional services (the Subscription Service).
The scope and functionalities of the Service may differ based on the jurisdiction in which you are using the Service. In particular, the Local and/or Online Service may not be available in certain jurisdictions.
3. Creating an Account
Please register and create an individual account in order to access all of Clue’s features and functionalities.
In order to use the Online Service or Subscription Service you have to register and create a personal account (the Account).
The process of registration requires explicit consent to this Agreement, including all documents incorporated herein by reference, as well as provision of your email address, other contact information and an individual password according to our password policy. Registration is completed when you confirm by clicking the respective link in the confirmation email that will be sent to your email address. You may opt to create an Account by connecting through your Google or Facebook account. In addition to your contact information, you can enter personal and health information that enable the Service to provide more specific results.
We are not obliged to accept any registrations and, in our sole determination and discretion, we shall decline the creation of any and all accounts that are intended to disrupt or falsify the Service or that, in fact, do disrupt or falsify the Service.
You are responsible for the security and confidentiality of your password. You are further responsible for all activities exercised on your Account.
4. Use of the Service
As a Clue user, you are entitled to use the services and content we provide. You may not, however, copy or publish any part of the app or services. By using Clue, you give us permission to use your anonymous information to improve services for all users.
Subject to your consent to this Agreement and your use of the Service, BioWink hereby grants to you a personal, non-assignable, non-exclusive, limited license (the License) to use the software provided to you as part of the Service (the Software). You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of the Software. You may not reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless expressly permitted or required by applicable law.
The Software may automatically download and install updates and upgrades from time to time without further notice to you. These updates are designed to technically improve and/or enhance the Software and 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 Software. The Service and the Software are protected by copyright, trademark, intellectual property rights and other applicable laws.
You are solely responsible for and retain ownership of all profile information, data, messages, images, files or other materials that you create, post, or otherwise add to the Service (“User Content”). BioWink’s use of User Content shall be governed by our Privacy and Security Policy. By creating an Account and using the Service, you accept and agree to the Privacy and Security Policy. BioWink is not in any way liable for your User Content. You are solely responsible for backing up your personal User Content. We assume no liability for the deletion, corruption, or failure to store any User Content maintained or transmitted through your use of the Service other than the liability required by applicable law, particularly with regard to the Subscription Service.
In order to enable us to operate and improve the Service and to process and manage your User Content in line with our Privacy and Security Policy, you hereby grant BioWink a worldwide, non-exclusive, fully paid, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate and distribute your User Content, without any further notice to you and without any compensation or obligation to you.
You agree not to post, upload, publish, submit, store or transmit any content or User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. You further agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
5. Fees and Payment
To use the Clue app or sign up for a subscription, you must download it or make purchases through respective app stores. Therefore, payments, if any, are made to the operators of those app stores and not to us directly. Consumer rights associated with the purchase must be exercised in relation to the app stores.
The Local Service and the Online Service are available without the requirement of payment. In order to be able to provide the Local Service and the Online Service, we reserve the right to display advertising during your use of the Service (no advertising will be displayed when using the Subscription Service). We may also provide an option to donate via the App enabling your support of our Service.
The Subscription Service is subject to a purchase of the respective options as offered in the App and/or Store (subscription terms are generally offered on a monthly or annual basis). Ordering and payment of the Subscription Service is facilitated via an in-app purchase from the respective Store. The legal relationship associated with the purchase and any consumer or other rights arising therefrom are strictly allocated to the respective Store and not BioWink. When conducting the purchase, recourse is made to the payment options as determined in your user account with the respective Store. The payment and general terms of the respective Store apply. BioWink is not a party to the purchase transaction and hereby disclaims any and all obligation, responsibility and/or liability that may arise as a result of the purchase transaction.
The prices for the Subscription Service quoted in the App are gross prices in euros and include value added tax. Prices for the Subscription Services may differ based on the jurisdiction you are purchasing from.
6. Term and Termination
You may stop using the service at any time. We are also entitled to disable the service or to modify the functionalities, in our sole discretion, subject to your rights as a paying subscriber. We will delete all of your personal information when you delete your account.
With regard to the Local Service and the Online Service, you are free to terminate the legal relationship with BioWink at any time by deleting your Account in accordance with the instructions provided in the App. We are also free to terminate the legal relationship to you and/or provision of the Service altogether, in our sole discretion, at any time without further notice to you, subject to Section 6.2.
You and BioWink are bound for the term as stipulated in the respective purchase of the Subscription Service subject to your rights in relation to the respective Store, if any, and the mutual right of termination for cause.
We shall, at our sole determination and discretion, and without further notice to you, suspend or terminate your use of the Service and/or your Account, and/or delete your User Content, if you are not complying with this Agreement or use the Service in any other way that could disrupt or falsify the Service.
When you delete your account, all User Content and other personal information provided by you will be deleted from our servers.
7. Limitation of Liability
WE DO NOT ASSUME ANY GUARANTEE OR SPECIFIC LIABILITY AS TO THE SERVICE AND WITH REGARD TO THE PURPOSE OF YOUR USE. IN PARTICULAR, WE ARE NOT RESPONSIBLE IF CONSUMERS USE THE SERVICE FOR CONTRACEPTIVE OR MEDICAL PURPOSES WHICH CONTRADICT THE EXPLICIT INTENTION OF OUR SERVICES.
BIOWINK EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR YOUR USE OF THE SERVICE FOR CONTRACEPTION, MEDICAL PURPOSES OR ANY OTHER PURPOSE THAT IS AGAINST THE INTENDED USE OF THE SERVICE.
Product descriptions shall not be deemed guaranteed unless separately agreed in writing. We do not warrant that the Service can be used to achieve particular interests, particularly that your menstrual cycle will be correctly predicted, or that the output of the Service is complete and accurate. Rather, the Service shall only represent a tool that helps monitor according to the information provided by you.
Provided we are liable for damages caused by the Service according to applicable law, liability shall be limited as follows and the limitation shall also apply to our representatives and agents. In the event of breaches of contract and corresponding liability caused by simple negligence it shall be limited to the typical average direct damages that were foreseeable at the time of concluding the contract. Neither we nor our legal representatives or agents assume any liability for breaches of non-essential contractual obligations arising from simple negligence; i.e. such obligations that are not required to perform the Service or this Agreement. The aforementioned limitations of liability do not affect any claims you raise under product liability law or a separate guarantee. For gross negligence and intentionally caused damages liability shall be unlimited. Further, the aforementioned limitations of liability do not apply to damages relating to life, limb and health attributable to us.
8. Data Protection
Please read our Privacy and Security Policy to learn about the use of your personal data related to Clue.
We take your privacy and data protection very seriously. We share and/or analyze your personal information only in the limited scenarios and for the limited purposes as explained in our Privacy and Security Policy available at https://www.helloclue.com/privacy.html.
By using the Service, you agree to the collection and use of personal information in accordance with our Privacy and Security Policy.
9. Final Provisions
Please note that the introductory text in boxes above each section are intended to provide a high-level overview and are not legally binding. Only the detailed numbered provisions of these terms are legally binding.
This Agreement shall be governed by the laws of the Federal Republic of Germany excluding the UN-Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions limiting the choice of law and requiring the applicability of mandatory regulations remain unaffected, particularly with respect to the statutory provisions effective in the state of your habitual residence as a consumer.
The platform for online dispute resolution as provided by the European Commission is available at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in dispute resolution proceedings in front of a consumer arbitration board and are principally not willing to take part in such proceedings.
The Agreement, along with all documents expressly incorporated herein by reference, is the entire agreement between you and BioWink with respect to the Service and they replace any prior arrangement relating to the Service.
Please note that the Agreement may be amended from time to time and we will notify you by revising the “Last Updated” date at the top of the Agreement and by providing you with an additional notice by email or postings on the App. In this notice, you will be informed about your right to object to the amendment of the Agreement within an adequate amount of time. Your continued use of the Service without informing us about your objection to a change or changes to the Agreement after the set period of time for objection shall constitute your acceptance of the change(s). If you do not accept the change(s) to the Agreement without being a customer to the Subscription Service, you hereby acknowledge that your only recourse is to terminate your use of the Service in accordance with the terms herein.