Terms and Conditions

The following terms and conditions (the “Terms”) apply to any use of and access to HerHealth Kit’s products and services (the “Services”), including but not limited to the use or access of our websites and apps (collectively, the “Site”). By accessing or using HerHealth Kiti’s Services, you are indicating that you have read these terms and conditions and you agree to comply with and be bound by them.

If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so.

You may not access or use the Services if you are under the age of 15. If you are 15 or older, you may only use the Services under the supervision of a parent or legal guardian who manages your use and/or account. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use our Services, you affirm you are at least 15 years old.

Definitions

When these Terms use the word “Client”, it refers to any individual or entity who has entered into an agreement with HerHealth Kit for the provision of the Services.

“End User” or “User” means an individual that schedules or purchases products or services from the Client through the Services or otherwise interacts with the Client through the Services.

“We,” “us,” or “our” refers to HerHealth Kit and its subsidiaries, and each of its and their respective officers, directors, agents, partners and employees.

Your Account with HerHealth Kit

We may require you to create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with HerHealth Kit or use the Services, including the following:

• You agree to provide us with such information and material as we may reasonably require in order to supply the Services.
• You agree that any information you provide will be true, accurate, current and complete and that you will promptly update any provided information if it changes.
• You are responsible for maintaining the confidentiality of your account login information and are solely responsible for all activity that occurs under your account.
• You agree to immediately notify HerHealth Kit of any unauthorized use of your account or any other breach of security.

You agree that you will comply with all applicable laws, rules and regulations and that you will not:

• Use the Site for any unlawful purpose
• Submit any content or information that violates any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary rights
• Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company
• Upload, transmit, display, or distribute any content or material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable
• Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability
• Harass or interfere with any other user’s use and enjoyment of the Services
• Send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise
• Use the Services to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent
• Express or imply that any statements you make are endorsed by us, without our prior written consent
• Upload, transmit, or distribute to or through the Services any computer viruses, or any software intended to damage or alter a computer system or data

The Site and all material, including without limitation data, text, editorial content, design elements, marks, look and feel, formatting, graphics, images,  HTML code, software that resides or is viewable or otherwise discoverable on the Site, and other content delivered via the Services or otherwise made available by HerHealth Kit in connection with the Services are owned by us or our licensors and are protected by copyright laws. We may change the Content and features of the Site at any time.

HerHealth Kit grants the Client a limited, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license and right to use the Services solely for the Client’s own internal business purposes subject to these Terms and Conditions. HerHealth Kit’s Software as a Service and HerHealth Kit’s Content are not sold or transferred to you. HerHealth Kit and its licensors retain ownership of all copies of the HerHealth Kit software and applications and HerHealth Kit’s Content even after access and or installation on your Devices.

You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.

The rights granted to the Client in these Terms and Conditions are subject to the following additional restrictions. Clients may not:

• Make any copies of the Services
• Modify, adapt, sub-license, sell, reverse engineer, decompile or disassemble any portion of the Site, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content
• Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Services to any third party or use the Services to provide time sharing or similar services for any third party
• Remove any copyright or other proprietary rights notices contained on the Site
• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that enforce limitations on use of the Services or features that prevent or restrict use or copying of any content accessible through the Services

Any material that you contribute, provide, post or make available using the Services is Your Content.

Our Clients retain all proprietary and intellectual property rights, title and interest in and to their own data, their end users’ data and their own content.

HerHealth Kit does not make any claim to Your Content. However, you are solely responsible for Your Content. 

You hereby grant HerHealth Kit a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services, without any compensation or acknowledgment to you or anyone else. Notwithstanding the foregoing, HerHealth Kit does not claim, and you do not transfer any ownership rights in any of Your Content, and nothing in these Terms will restrict any rights that you may have to use and exploit Your Content outside of the Services. We are not obligated to post, display or otherwise use any of Your Content, or to attribute Your Content to you. You will not make or authorize any claim against us that our use of Your Content infringes any of your rights.

You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content 

(a) Does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; 

(b) Complies with all applicable local, state, provincial, national and other laws, rules and regulations; and 

(c) Does not violate these Terms.

Your Content must be accurate and truthful. HerHealth Kit reserves the right to remove Your Content from the Services if we believe in our sole discretion that it violates these Terms, our Code of Conduct, or for any other reason. HerHealth Kit may use your name and logo for the purpose of identifying you as an existing or past customer of HerHealth Kit both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) Comply with legal process; 

(b) Respond to claims that any of Your Content violates the rights of third parties; 

(c) Enforce or administer our Terms and Conditions; and/or 

(d) Protect the rights, property and/or personal safety of HerHealth Kit, its users and/or the public, including fraud prevention. 

You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services. HerHealth Kit will treat any Feedback you submit to us as non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those materials and ideas for any purpose, without compensation to you.

Our Privacy Policy is also incorporated into these Terms. Information provided to HerHealth Kit by Users or collected by HerHealth Kit through HerHealth Kit Properties is governed by our Privacy Policy. Please take the time to read our Privacy Policy, as it includes some important terms which apply to you.

Any personal information regarding End Users (Customer Data) that is collected by HerHealth Kit as part of the Service is collected on behalf of our Client. HerHealth Kit and the Client both agree that the Client is the “data controller” and we are the “data processor” in relation to that data.

Accordingly, you (the Client) hereby agrees that:

• You will comply with Data Protection Law in relation to your handling of Customer Data, including informing the End Users of how their Customer Data will be handled by you and by us;
• You have sole responsibility for establishing and maintaining the lawful basis of our processing of Customer Data under these Terms, including where applicable the obtaining of all necessary consents from the End Users; and
• Where you export your Customer Data during your use of the Service (for example downloading it as a .pdf document or exporting a list as a spreadsheet), you are responsible for ensuring that your use of that Customer Data is compliant with data protection laws and the terms in place between you and your End Users

HerHealth Kit may terminate your right to use the Services at any time:

• If you violate or breach these Terms
• If you misuse or abuse the Services, or use the Services in a way not intended or permitted by HerHealth Kit
• If allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose HerHealth Kit to legal liability

HerHealth Kit may choose to stop offering the Services, or any particular portion of the Service, or modify, suspend or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in HerHealth Kit’s sole discretion, failure to do so would materially prejudice you. 

You agree that HerHealth Kit will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.

The Site may contain links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk, and is subject to the terms of those websites.

We provide the Site and the Content to you “As Is” and “As Available.” We try to keep the Site up, bug-free, and safe, but you use it at your own risk. We do not guarantee that the Site will always be safe, secure, or error-free, or that the Site will always function without disruptions, delays, or imperfections. Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We shall not be liable if for any reason the Service is unavailable at any time or for any period.

To the extent permitted by applicable laws, HerHealth Kit expressly disclaims all warranties of any kind, express or implied, including, but not limited to, any warranties of merchantability, title, non-infringement and fitness for a particular purpose. 

We are not responsible for the actions, omissions or information of Third Parties, and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such Third Parties.

To the extent permitted by applicable laws, HerHealth Kit and any person or entity associated with HerHealth Kit’s provision of the Services will not be liable to any client or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms and Conditions or the Client’s use of, or inability to use, the Site, even if HerHealth Kit has been advised of the possibility of such damages.

Nothing in this legal notice shall exclude or limit our liability for:

• Death or personal injury caused by our negligence;
• Any damage incurred by you as a result of our fraud or fraudulent misrepresentation; or
• Any other liability which cannot be excluded or limited under applicable law.

If anyone brings a claim against us related to your use of the Site, Your Content or your violation of these Terms, you agree to indemnify, defend and hold HerHealth Kit, our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right, at your expense, to take exclusive control and defense of any such claim, and you agree to cooperate with us fully in asserting any available defenses.

It is our belief that these Terms do not contain any provision contrary to law. However, if any part of these Terms is determined to be illegal, invalid, or unenforceable, you agree that: 

(a) That part shall nevertheless be enforced to the extent permissible in order to effect the intent of these Terms, and 

(b) The remaining parts shall be deemed valid and enforceable.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time. Any changes we may make will be posted on this page and will be effective immediately. If we believe the modifications are material, we will inform you about them on our website or other usual communication channels. You are responsible for reviewing and becoming familiar with any modifications. Your continued use of the Services following modifications constitutes your acceptance of those modifications and the updated Terms. We recommend that you review this page from time to time to stay informed of updates.

These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.