Terms of Service

Our Offerings are designed to monitor, record, map and visualize data, measurements, and observations relevant to reproductive health that you enter into our Offerings, including temperature, presence of menstruation, pregnancy or ovulation test results, intercourse, perimenopause, and any User Content (defined below) you input into our Offerings. 

Our Offerings and the information obtained therefrom do not constitute and should not be used in place of the advice of a licensed physician or any other qualified healthcare professional. Additionally, our Services do not protect you from sexually transferred diseases or infections. No birth control method is 100% effective, and even when using the App perfectly, unintended pregnancies may occur.

Rather, our Offerings are intended to help inform your reproductive decisions and family planning decisions (“Intended Use”).

In order to operate and provide the Services, we collect certain information about you. We use and protect that information as described in our Privacy Policy. Your use of the Services is subject to our Privacy Policy and it identifies how Natural Cycles collects, stores and uses certain information.

Except as set forth in Section 17, we reserve the right to modify and make updates at any time, with or without notice. To the extent permitted by law, such modification will be effective immediately upon posting of the modified Terms on our Sites, or other ways we make such modification available to you. If you continue to use or access our Products or Services, you agree to our updated or modified Terms. If at any time you decide that you do not agree with our Terms, you must stop using our Products or Services immediately.

You must be at least 18 years of age to use our Offerings, as they are not intended to be used by Users under 18. Any of our statements surrounding the clinical efficacy of the Offerings is with respect to women 18 and older.  

If you create a User Account (defined below) or purchase any Product, you represent and warrant that you are at least 18, and that you are fully able, competent, and authorized to enter into and be bound by these Terms. 

5.1 User Account

You must create an account (“User Account”) to use certain of our Offerings. You will not share or permit others to use the credentials you use to access your User Account. You must use a strong password for your User Account that is unique to our Services and that you do not use anywhere else. You must promptly notify us if you discover or suspect that someone has accessed your User Account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.

5.2 Accurate Information.

You must provide current, complete and accurate purchase information and User Account information for all transactions for Offerings made via our Sites, so that we can complete your transactions and contact you as needed.

5.3 Termination of Your User Account.

Please note that your User Account can be cancelled by you or us at any time. If your User Account is cancelled, Natural Cycles will have no obligations or liabilities to you. We also reserve the right to cancel or limit orders from our Sites, including our Webshop, in certain circumstances.

5.4 Authorized Users; Platform Partners.

We may enable you to designate or otherwise link authorized individuals associated with you who have their own User Accounts (“Authorized User”) to your User Account. Our Services may allow you to share your User Content with other Authorized Users within the Services (e.g., through our “Partner View”, which you can find at our Cyclerpedia page for Partner View) or with third party partners (“Platform Partner(s)”) by linking your User Account to an account with the Platform Partner (“Platform Partner Account”).

5.5 Your Authorized Users or Your Use with Platform Partners.

Selecting to share your User Content with other Authorized Users or Platform Partners authorizes us to share your User Content (automatically or manually) with such Authorized Users or Platform Partners within the Services environment. And, linking your User Account and a Platform Partner Account authorizes us to share your User Content (automatically or manually) with such Platform Partner and enables them to download a copy of your User Content to the Platform Partner’s own system. The terms of service applicable to your Platform Partner Account and the Platform Partner’s privacy policies will govern their processing and use of any information you share with them by linking your User Account and a Platform Partner Account. We are not responsible for examining or evaluating the content or accuracy of any Platform Partner’s terms and conditions or privacy policies. Authorized Users and Platform Partners with whom you share your User Content and information are not agents or representatives of, or processors for, us and we are not responsible for their actions in relation to your User Content or information. If you choose to share your User Content with other Authorized Users or Platform Partners, you can provide or revoke such access in your User Account settings, or by reaching out to our Support Center.

By creating a User Account or purchasing any Offerings, you consent to us sending you (including but not limited to via email, SMS text messaging, and/or in-app messaging) information regarding the Offerings, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c) administrative messages and other information; and (d) advertising, marketing, and other materials regarding our Offerings. 

7.1 Changes to Offerings.

We reserve the right to modify, change, improve, or cancel any of the Offerings at any time without notice. It is your responsibility to monitor for such modifications, changes, improvements, or cancellations. Natural Cycles also reserves the right to temporarily take down or permanently terminate the Webshop, the Products, the Sites and/or Services at any time without notice and without being liable to you or any third party. Natural Cycles will, however, make reasonable effort to notify the Users before terminating any of the Sites or Services.

7.2 Instructions for Use and Efficacy.

You will comply with our Instructions for Use. Any of our statements surrounding the clinical efficacy of the Offerings is with respect to women 18 and older.

7.3 Different Modes and Access.

You may only have access to certain features of our Services depending on the mode that your User Account has access to. We reserve the right to restrict access to certain features to you based on your applicable and valid User Account credentials and the Services you have purchased, and reserve the right to determine access levels at our sole discretion. Further information on the different modes that we offer through our Services can be found on our Cyclerpedia page describing our various App modes. 

7.4 Algorithms

Our Services are powered by algorithms, whether developed by Natural Cycles or trusted technology partners. For optimal performance of the algorithms, you are required to provide accurate information to your User Account and to keep your information up to date.

7.5 AI Services.

 As part of the Services, Natural Cycles may make use of, or otherwise make available, artificial intelligence-powered features and tools (“AI Services”). AI Services use artificial intelligence or machine learning models that generate predictions based on patterns in data — but they’re not perfect and shouldn’t replace your own judgment or qualified medical advice. Outputs that appear accurate because of their detail or specificity may still contain inaccuracies. Translations are provided using AI and may not be fully accurate.

7.6 Chatbots.

We use these to make our service faster and more helpful. Some parts of our Services – like the Support Center, AI Insights, or translation tools – may use automated agents to provide assistance or information. These interactions may be monitored or recorded for quality assurance and compliance.

7.7 Beta Offerings.

Certain of our Services are pre-general availability Services that are in their ‘demo’ or ‘beta’ phase (“Beta Offerings”). Beta Offerings may be more prone to errors or inaccuracies, and the Beta Offerings may, at any time and without prior notice, be modified, suspended, unavailable, or be discontinued. Natural Cycles has no obligation to launch general availability Services that are not in their beta phase, and any such general availability program may have significantly different features from such Beta Offerings.

7.8 Customer Complaints.

If you have any questions, complaints, or claims with respect to our Offerings (including your Subscription or free trial use of our Services, or any of our Products), you may submit your concerns directly through our Support Center.

8.1 Third-Party Materials.

Our Offerings rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, third-party devices (such as watches, rings, phones, and bands), IoT platforms or devices, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Offerings. The use and availability of the Offerings is dependent on third-party product vendors and service providers which may not operate reliably 100% of the time, and this may impact the way our Products or Services operate.

8.2 Third-Party Content.

We may further provide information about or links to third-party products, services, activities, websites, or events, or we may allow third parties to make their content and information available on or through the Offerings (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Our Services may link to other products or services maintained by third parties or be offered alongside third-party products. Such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by us with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. 

8.3 No Obligation to Monitor.

We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Products or Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Offerings.

You will not use our Offerings for any purpose that is illegal or violates these Terms. That includes copying or reselling any information, trying to gain unauthorized access to the Sites, interfering with the operation of the Sites or trying to access the identity of other users. You also will not attempt to place advertisements or offers, or send spam to other users, or to allow or facilitate any third party to do so. You will not access or attempt to access any other User Account. In addition, you will not: 

(a) solicit others to use the Offerings 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;

(b) duplicate, reproduce, copy, sell, resell, trade, distribute or exploit any proportion of the Products or Services or any material or information obtained through the Sites or the Services;

(c) circumvent, disable, damage, interfere with, obtain or attempt to obtain unauthorized access to any security-related features within the Services, including, but not limited to, using robots, spiders, crawl, scrape or other automatic means for accessing the Services;

(d) intentionally interfere with, disable, remove or damage the operation of the Services, including but not limited to uploading or otherwise disseminating worms, viruses, spyware or other harmful or malicious code;

(e) not to attempt to identify other Users of the Services through phishing, pharming or pretext attempts or methods;

(f) not to make advertisements, offers, proposals or to send junk mail or spam to other Users of the Services; or

(g) not to misrepresent Your identity, access any other User Account or provide false or misleading information about yourself.

10.1 Feedback.

You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Natural Cycles or our Products or Services (collectively, “Feedback”). We may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback, or Products or Services, or to improve or develop new products, services, or the Products or Services in Natural Cycles’ sole discretion. Natural Cycles will exclusively own all improvements to, or new, Natural Cycles products, services, or Products or Services based on any Feedback. Natural Cycles may treat Feedback as nonconfidential.

10.2 User Content.

Our Services may allow you and other users to create, post, store, and share content, including reviews, messages, text, photos, and other materials (collectively, “User Content”). Depending on your account settings, when you post or otherwise share User Content on or through our Services, your User Content and any associated information (such as your username or profile photo) may be visible to others. If you choose to make any of your information publicly available through the Services, you do so at your own risk.

10.3 License Grant to Natural Cycles.

Except for the license you grant below, as between you and Natural Cycles, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content. You grant Natural Cycles and its subsidiaries and affiliates and our end users a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you or any third party. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory. 

10.4 Prohibitions on User Content.

You may not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described above, and you represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, post, store, or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
• Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national, or international law;
• May infringe, misappropriate, or violate any patent, trademark, trade secret, copyright, rights of publicity, or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person, entity, organization, or government authority;
• Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content; or
• In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Natural Cycles or others to any harm or liability of any type.

10.5 Failure to Enforce.

Enforcement of this Section 10 is solely at Natural Cycles’ discretion, and failure to enforce this Section 10 in some instances does not constitute a waiver of our right to enforce it in other instances. This Section 10 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these Terms or that objectionable material will be promptly removed after it has been posted.

10.6 Our Review of Your User Content.

We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit, or monitor User Content, we may:

• Delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including without limitation for any violations of applicable law or these Terms; 
• Terminate or suspend your access to all or part of the Products or Services, temporarily or permanently, if your User Content is reasonably likely, in our sole determination, to violate applicable law or these Terms; or
• Take any action with respect to your User Content that is necessary or appropriate, in Natural Cycles’ sole discretion, to ensure compliance with applicable law and these Terms, or to protect Natural Cycles’ rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests).

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights in and to Offerings, are owned by Natural Cycles or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services and all intellectual property rights in and to the Offerings, are reserved by us or our licensors. Subject to your compliance with these Terms (including Sections 9 and 10), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable right to (a) access and use our Services for your own personal, noncommercial use and (b) solely with respect to any applications included in the Services, install and use such application on a mobile or personal device that you own or control. Any use of the Products or Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the rights granted herein and violate our intellectual property rights. Any applications included in the Services are licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the applicable application and remove (that is, uninstall and delete) the applicable application from your mobile or personal device.

12.1 DMCA Policy.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others (our “DMCA Policy”).

12.2 DMCA Notice.

If you believe that any content on our Products or Services infringe any copyright that you own or control, you may notify Natural Cycles’ designated agent (your notification, a “DMCA Notice”) as follows:

Designated Agent: Copyright Agent

Address: 135 W. 41st Street, New York, NY 10036

Email Address: dmca-usa@naturalcycles.com

Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly, materially misrepresent that any activity or material on our Products or Services is infringing, you may be liable to Natural Cycles for certain costs and damages.

13.1 Territory.

You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. You may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information, to us or our third-party payment processors. All transactions must be paid using a lawfully issued credit card, debit card, or other valid third-party payment method for which you have authorization to make a charge. Natural Cycles reserves the right to block access to your User Account until a valid credit or debit card 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 a credit or debit card. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us (via our third-party payment processors) to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Your selection of the “Submit,” “Subscribe,” “Accept” or similar button on the checkout page is your electronic signature, and (a) is the legal equivalent of your wet or manual signature and (b) this transaction is equivalent to an in-person transaction where your payment method is physically present.

13.2 Payment.

You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. You may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information, to us or our third-party payment processors. All transactions must be paid using a lawfully issued credit card, debit card, or other valid third-party payment method for which you have authorization to make a charge. Natural Cycles reserves the right to block access to your User Account until a valid credit or debit card 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 a credit or debit card. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us (via our third-party payment processors) to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Your selection of the “Submit,” “Subscribe,” “Accept” or similar button on the checkout page is your electronic signature, and (a) is the legal equivalent of your wet or manual signature and (b) this transaction is equivalent to an in-person transaction where your payment method is physically present. 

13.3 Third-Party Payment Processors.

We use one or more third-party payment processors to process all of your financial transactions you conduct directly with us. Such third-party payment processors’ respective terms of use and privacy policies (which we do not control) govern any and all such transactions. You represent and warrant that you have reviewed our third-party payment processors’ terms of service and privacy policies before submitting any of your payment information.

13.4 Acceptance of Orders and Price Changes in Webshop.

You will have the opportunity to review and confirm your order, including payment method and other details of your order. Although we may confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or Service. We will display or send a notice when we ultimately accept your order, and our acceptance will be complete at the time we display or send the formal acceptance notice. Payment must be received by us before our acceptance of an order. We reserve the right to cancel orders if any information that you have provided through the Services is inaccurate, without prior notice (including after you submit your order). The prices for the Products in the Webshop are subject to change without notice.

13.5 Subscriptions.

Our Services may include both paid-for Services and free Services, for which no fees are charged. We may also offer certain paid Services to be paid for on a recurring basis (“Subscription(s)”). Payments for Subscriptions (“Subscription Fees”) are made periodically in advance. Subscriptions may be made available to you on either a monthly or a yearly basis (“Subscription Period”) for the recurring fee indicated at the time you enroll in the Subscriptions (“Subscription Fee”). Such Subscriptions are continuous until you cancel them, and you authorize Natural Cycles to charge your payment method for our current Subscription Fee both (a) when you initially enroll in a Subscription and (b) at the beginning of each subsequent Subscription Period until you cancel. In the event that Natural Cycles is unable to charge your account as authorized by you in connection with a Subscription, Natural Cycles may in its sole discretion suspend your access to the Services until payment is received.

13.6 Changes to Subscription Fees.

Natural Cycles reserves 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 hereby accept the new price. If you do not agree to these fee changes, you must cancel your Subscription in accordance with Section 13.8 before the changes take effect. If you do not cancel, your Subscription will automatically renew at the then-current price at the time of renewal and for the same duration as the initial Subscription Period; and in such case, Natural Cycles will charge your on-file payment card or method on the first day of the renewal of the Subscription Period.

13.7 Refunds for Subscriptions.

As the Subscription gives you access to the Services (which are digital and not provided via a physical medium) instantaneously after the purchase, Natural Cycles does not offer a right of return or credits (such as refunding the Subscription Fee). You may cancel your Subscription at any time, and you will continue to have access to the Services throughout your pre-paid Subscription Period.

13.8 How to Cancel Subscriptions.

Except with respect to any Third-Party Subscriptions subject to Section 13.11, to cancel your Subscription, (a) log into to the Manage Account section of our website using your account email and password; or (b) contact our Support Center with a request to cancel your upcoming renewal. The cancellation policies applicable to the Product or Service you have purchased will apply. IF YOU DO NOT WANT YOUR SUBSCRIPTION TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST 24 HOURS PRIOR TO YOUR RENEWAL DATE TO AVOID BEING CHARGED THE SUBSCRIPTION FEE FOR THE NEXT SUBSCRIPTION PERIOD.

13.9 Marketing Gifts.

In certain cases, such as discounts or promotions, we may provide you with Products which may facilitate, or relate to, your use of the Subscription. Such Products may be considered marketing gifts and Natural Cycles has no obligation to replace, or in any other way compensate you for, faulty Products given for marketing purposes or Products constituting marketing gifts that have not arrived. Natural Cycles offers you no right to return such marketing gifts.

13.10 Free Trials.

From time to time, we may offer free trials to access some or all of the Services. Such Free Services are subject to these Terms except as otherwise stated in the free trial offer. IF YOU DO NOT WANT YOUR FREE TRIAL TO CONVERT INTO A PAID SERVICE SUBSCRIPTION AUTOMATICALLY, YOU MUST CANCEL YOUR UPCOMING SUBSCRIPTION 24 HOURS PRIOR TO THE END OF YOUR CURRENT FREE TRIAL PERIOD IN ACCORDANCE WITH SECTION 13.8 IN ORDER TO AVOID BEING CHARGED THE UPCOMING SUBSCRIPTION FEE.

13.11 Taxes and Delivery Costs.

For U.S. users, prices shown on the Sites and in the Apps exclude all taxes or charges for shipping and handling, and such taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the checkout page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. All prices on the Sites and in the Apps are subject to change at any time without notice, except as further set forth in these Terms. We do not collect taxes on merchandise shipped to a jurisdiction in which we do not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase from the Sites and in the Apps. International shipments may be subject to customs, duties, and/or taxes of the origin and/or destination country. As the recipient, you are responsible for the payment of customs duties, fees, or taxes determined by the destination country, and payment of these fees is necessary to release your order from customs. Natural Cycles is not obligated to cover country-specific customs fees or taxes. Please review your local customs obligations prior to purchase.

13.12 Subscriptions through Third-Party Platforms.

Subscriptions you enroll in through a third-party’s platform such as the iOS App Store or the Google Play Store (“Third-Party Subscriptions”) may only be canceled by following the instructions provided by the third-party platform operator. Any agreements you enter into with a third-party platform operator regarding a Third-Party Subscription are between you and the third-party platform operator.

13.13 Purchase for Personal Use.

You may only purchase Offerings for personal use by either yourself or your intended recipient of the Products. You may not resell the Offerings or use the Offerings for any commercial use without Natural Cycles’ prior written authorization. You may not share our Offerings. We may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.

13.14 Product Pages.

The Services may make available listings, descriptions, and images of Products, as well as references and links to Products and coupons or discounts for Products (“Product Pages”). Such Products may be made available by Natural Cycles or by third parties and may be made available for any purpose, including general information purposes. The availability through the Services of any listing, description, or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We attempt to ensure that any such Product Pages are complete, accurate, and current, but despite our efforts, the Product Pages may occasionally be inaccurate, incomplete, or out of date. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Product Pages (including any features, specifications, and prices contained therein). Such Product Pages and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

13.15 Shipping.

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions set forth in these Terms or otherwise contained on the Services. You will pay all shipping charges specified during the ordering process. All transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier, unless such transfer must occur at a different time as required by applicable law. You are responsible for reporting damaged and/or lost shipments within 14 days of the last tracking update with our Support Center. Any shipping dates provided are approximate and not guaranteed. We are not liable for any delays in shipments.

13.16 Correcting Errors for Product Delivery.

We reserve the right to delay, refuse, or cancel any Product orders prior to delivery. For example, if there are errors on the Site or made in connection with your order or inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

13.17 Right to Discontinue Products.

Natural Cycles reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for Products; and to refuse to provide any user with any Product. 

Please visit our Limited Warranty and Returns Policy page for more information on any limited warranties we may offer in connection with our Products, and the limited circumstances you may be entitled to refunds or returns of our Products. We do not currently provide for exchanges.

15.1 Disclaimer of Warranties.

YOUR USE OF OUR OFFERINGS AND ANY INFORMATION OBTAINED THEREFROM ARE AT YOUR OWN RISK. 

EXCEPT AS SET FORTH IN THE LIMITED WARRANTY AND ANY RETURNS ACCEPTED BY NATURAL CYCLES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THE OFFERINGS AND ANY OTHER INFORMATION ARE PROVIDED BY NATURAL CYCLES “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND; AND (B) NATURAL CYCLES EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND REMEDIES, EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), STATUTORY, OR OTHERWISE AS TO ANY MATTER WHATSOEVER (INCLUDING WITH RESPECT TO THE USE OF, OR THE RESULTS FROM THE USE OF, THE OFFERINGS), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE.

IF IMPLIED WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF CUSTOMER’S STATE OR UNDER FEDERAL LAW, THEN SUCH WARRANTIES ARE LIMITED IN SCOPE AND DURATION TO THE SCOPE AND DURATION OF THE LIMITED WARRANTIES EXPRESSLY PROVIDED UNDER THE LIMITED WARRANTY AND RETURNS POLICY.

15.2 Medical Disclaimer.

WE ARE NOT RESPONSIBLE FOR YOUR DECISIONS OR ANY ACTIVITY THAT MAY RESULT FROM INFORMATION YOU LEARN THROUGH OUR OFFERINGS. 

THE TRANSMISSION AND RECEIPT OF SERVICES, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, EMAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US.

THE OFFERINGS (AND ANY INFORMATION, MEASUREMENTS, DATA, RECOMMENDATIONS, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND OTHER MATERIALS (WHETHER PROVIDED BY US OR THIRD PARTIES) DO NOT MAKE OR PROVIDE ANY MEDICAL DIAGNOSIS, MEDICAL CARE OR CLINICAL TREATMENT AND SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT OR A SUBSTITUTE FOR MEDICAL ADVICE OR ANY VISIT, CALL, OR APPOINTMENT WITH ANY LICENSED PHYSICIAN OR ANY OTHER QUALIFIED HEALTHCARE PROFESSIONAL, OR ANY ACTION TO DIAGNOSE, CURE, TREAT, OR PREVENT DISEASES.

U.S. RESIDENTS: IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

OUTSIDE THE U.S.: IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CONTACT YOUR DOCTOR OR EMERGENCY SERVICES.

YOU WILL NOT DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION PRESENTED ON OR THROUGH OUR OFFERINGS, AND YOU WILL NOT USE OUR OFFERINGS OR ANY INFORMATION PROVIDED IN, BY OR WITH OUR OFFERINGS FOR DIAGNOSING OR TREATING ANY HEALTH PROBLEM.

15.3 User Information and Information from Offerings

YOU ARE SOLELY RESPONSIBLE FOR RECORDING ACCURATE INFORMATION, AND INTERPRETING AND USING THE INFORMATION, DATA AND CALCULATIONS AT YOUR OWN RISK. NATURAL CYCLES DISCLAIMS ALL WARRANTIES THAT THE OFFERINGS AND ANY OTHER INFORMATION PROVIDED BY NATURAL CYCLES OR THE RESULTS DERIVED FROM THE OFFERINGS OR SUCH INFORMATION IS OR WILL BE ERROR-FREE, ACCURATE, CORRECT, OR UNINTERRUPTED.  WE ARE NOT RESPONSIBLE FOR YOUR DECISIONS OR ANY ACTIVITY THAT MAY RESULT FROM INFORMATION YOU LEARN THROUGH OUR OFFERINGS.

16.1 No Consequential Damages.

YOUR USE OF OUR OFFERINGS AND ANY INFORMATION OBTAINED THEREFROM ARE AT YOUR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NATURAL CYCLES AND ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, CONTRACTORS, LICENSORS, AGENTS, INTERNS, SUPPLIERS, SERVICE PROVIDERS AND EMPLOYEES (THE “NATURAL CYCLES PARTIES” HEREINAFTER) WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF NATURAL CYCLES OR THE OTHER NATURAL CYCLES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, THIS DISCLAIMER WILL NOT APPLY TO ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED FOR PRODUCTS AND SERVICES FOR WHICH NATURAL CYCLES PROVIDES A FULL OR LIMITED WARRANTY. 

16.2 Damages Cap.

EXCEPT WITH RESPECT TO ANY EXPRESS REMEDIES YOU ARE ENTITLED TO PURSUANT TO OUR LIMITED WARRANTY AND RETURNS POLICY, THE TOTAL LIABILITY OF NATURAL CYCLES AND THE OTHER NATURAL CYCLES PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OUR SERVICES OR OUR PRODUCTS, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU IN THE 12 PAST MONTHS (CALCULATED FROM THE EVENT GIVING RISE TO SUCH CLAIM) TO USE OUR OFFERINGS GIVING RISE TO SUCH CLAIM.

16.3 Exclusions.

THE LIMITATIONS SET FORTH IN SECTION 16.2 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, INTENTIONAL MISCONDUCT, OR BODILY INJURY OF NATURAL CYCLES OR THE OTHER NATURAL CYCLES PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

16.4 Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Natural Cycles Parties from and against any losses, liabilities, claims, demands, damages, expenses or costs arising out of or related to: (a) your access to or use of the Products or Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify Natural Cycles Parties of any third-party claims, cooperate with Natural Cycles Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). The Natural Cycles Parties will have control of the defense or settlement, at Natural Cycles’ sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Natural Cycles or the other Natural Cycles Parties.

17.1 Claims This Section Applies To.

This Section 17 applies to all Claims between you and Natural Cycles. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 17.3, below) between you and Natural Cycles, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms, the Products or the Services, including any claims related to the use or operation of the Products or the Services, the purchase of any products or services made available through the Services, all privacy or data security claims, or claims related to the arbitrability, validity, enforceability, or scope of these Terms (including this Section or any portion of it).

17.2 Informal Dispute Resolution Before Arbitration.
17.2.2

During the Informal Resolution Period, you and Natural Cycles will participate in an individual meet-and-confer (“Meet-and-Confer”) in person or via teleconference or videoconference. The Meet-and-Confer will address only the Claims between you and Natural Cycles. If you are represented by counsel, your counsel may participate in the Meet-and-Confer, but you will still need to be present for the Meet-and-Confer. Natural Cycles will participate through one of its representatives, and its counsel may also be present.

17.2.3

You must send any Claimant Notice to Natural Cycles by certified mail, addressed to Natural Cycles, Inc., Attn: Legal Department, 135 W. 41st Street, New York, NY 10036 or by email to notices@naturalcycles.com. Natural Cycles will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Natural Cycles. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (a) the Claimant’s user ID, name, address, email address, and telephone number; (b) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (c) the specific relief sought; and (d) a personally signed statement from the Claimant themselves (and not their counsel) verifying the accuracy of the contents of the Claimant Notice.

17.2.4

Notwithstanding any provision of these Terms to the contrary, either party may seek injunctive or other equitable relief from a court of competent jurisdiction pending completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures if such relief is necessary to prevent irreparable harm. For the avoidance of doubt, the court’s authority under this provision is strictly limited to granting temporary relief as may be necessary to support the arbitration, small-claims, or other judicial process, and the court will not have authority to adjudicate the underlying merits of the dispute.

17.2.5

No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent, the Meet-and-Confer for your Claim completed, and the Informal Resolution Period has concluded. If you or Natural Cycles files an Arbitration Demand without complying with the requirements in this Section 17, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action is entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.

17.2.6

To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Period through the date when suit or arbitration may be filed under these Terms.

17.3 Claims Subject to Binding Arbitration; Exceptions. 

Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Natural Cycles, including any disputes in which you or Natural Cycles seek injunctive or other equitable relief for the alleged unlawful use of your or Natural Cycles’ intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 17.2 must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. All issues are for the arbitrator to decide except for those related to the validity, enforceability, or scope of these Dispute Resolution terms and arbitration provision, which a court of competent jurisdiction has the exclusive authority to decide, including the authority to enjoin the filing, prosecution, or administration of arbitrations and the assessment of arbitration fees.

17.4 Binding Individual Arbitration. 

Except as otherwise expressly permitted by this Section 17, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). If you are a “Consumer,” meaning that you only use the Products and the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will apply to Claims between you and Natural Cycles. If you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms, will apply to Claims between you and Natural Cycles. These Terms affect interstate commerce, and the enforceability of this Section 17 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Natural Cycles to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

17.5 Arbitration Procedure and Location. 

You or Natural Cycles may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules.

Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Natural Cycles by certified mail addressed to Natural Cycles, Attn: Legal Department, 135 W. 41st Street, New York, NY 10036 or by email to notices@naturalcycles.com. Natural Cycles will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to Natural Cycles. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).

The arbitration will be conducted by a single arbitrator in the English language. You and Natural Cycles both agree that the arbitrator will be bound by these Terms.

For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Natural Cycles agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

17.6 Arbitration Fees. 

Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.

17.7 Frivolous or Improper Claims. 

To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

17.8 Confidentiality.

If you or Natural Cycles files a Claim in arbitration, you and Natural Cycles agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Natural Cycles agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

17.9 Mass Disputes. 

If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 17.9 will apply to all such Claimant Notices. A Claimant Notice provided as part of a Mass Dispute may proceed to arbitration only as set forth below.

17.9.1 Applicable Rules. 

Any Arbitration Demands based on these Claimant Notices filed in arbitration will be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.

17.9.2 Initial Arbitrations. 

The parties will identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set will be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each will then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants will then file Arbitration Demands for the 20 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and will preside only over one Arbitration Demand, unless the parties agree otherwise.

17.9.3 Mediation. 

Upon conclusion of the 20 initial arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties will have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.

17.9.4 Remaining Claimant Notices and Arbitrations. 

If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 18.

17.9.5 Class Treatment of Claimant Notices.

If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative class(es) must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.

17.9.6 Further Batching.

If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 17.2 to proceed in arbitration in the same manner as described in Section 17.9.2, above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.

17.10 Opting Out of Arbitration. 

You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing notices@naturalcycles.com. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.

17.11 Rejection of Modifications to this Section. 

You may reject any change we make to this Section 17 (except changes to notice addresses), by emailing notices@naturalcycles.com within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 17. You may reject changes to Section 17 only as a whole. You may not reject only certain changes to Section 17. If you reject changes to Section 17, the most recent version of Section 17 that you have not rejected will continue to apply.

17.12 Severability. 

If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (c) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.

Any dispute, claim, or controversy that arises from or relates to these Terms will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any dispute, claim, or controversy arises from or relates to these Terms is not subject to arbitration pursuant to Section 17, then the state and federal courts located in New York will have exclusive jurisdiction. You and Natural Cycles waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this Section 18 may not apply to you only to the extent that local law conflicts with this Section 18. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

19.1 Apple / iOS Mobile Device Terms

The following terms apply if you install, access, or use our Services on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).

19.1.1

You acknowledge that these Terms are concluded solely between us, and not with Apple. Natural Cycles, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules (defined therein) for the Apple iOS App Store Terms and Conditions as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.

19.1.2

The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.

19.1.3

You and Natural Cycles acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

19.1.4

You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Natural Cycles. However, Natural Cycles has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.

19.1.5

You and Natural Cycles acknowledge that as between Apple and Natural Cycles, Natural Cycles, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.

19.1.6

The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, Natural Cycles, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

19.1.7

Any questions, complaints, or claims with respect to the iOS App should be directed to our Support Center.

19.1.8

You will comply with any applicable third-party terms when using our Services.

19.1.9

Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

19.2 Android Mobile Device Terms

The following terms apply if you install, access, or use our Services on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):

19.2.1

You acknowledge that these Terms are between you and us only, and not with Google.

19.2.2

Your use of our Android App must comply with Google’s then-current Google Play Terms of Service.

19.2.3 

Google is only a provider of the Google Play where you obtained the Android App. We, and not Google, are solely responsible for our Android App and our Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.

19.2.4

Google is a third-party beneficiary to the Terms as they relate to our Android App.

20.1 Invalidity

If  any provision (or any part thereof) of these Terms is unenforceable under or prohibited by any present or future law, then such provision (or part thereof) will be amended, and is hereby amended, so as to be in compliance with such law, while preserving to the maximum extent possible the intent of the original provision.  Any provision (or part thereof) that cannot be so amended will be severed from this Agreement; and, all the remaining provisions of this Agreement will remain unimpaired.

20.2 Entire Agreement
20.2.1

The failure of Natural Cycles to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

20.2.2

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

20.3 Headings

The heading references herein are for convenience purposes only and do not constitute a part of these Terms. The heading references will not be deemed to limit or affect any provision of these Terms. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.

20.4 Questions

We welcome Your feedback regarding our Offerings. If You have any questions, please contact us at Support Center or at support@naturalcycles.com. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information in your email correspondence with us.