Last updated: August 28, 2024
1.1 These Terms of Service (referred to as “Terms”) govern the use of the Hercycle mobile application (the “Hercycle App”) and all services provided through the Hercycle App and the Hercycle website www.hercycle.io (collectively, the “Hercycle Services”). The Hercycle Services are operated by Yoginify AB, located at ÄLVTOMTAGATAN 12-14, 703 42, Örebro, Sweden.
1.2. By using the Hercycle Services, you agree to these Terms. If you do not agree to these Terms, you must not create an account or use the Hercycle Services.
1.3 In addition to these Terms, our Privacy Policy, available at www.hercycle.io/privacy, details your rights and our obligations regarding data protection, particularly concerning the processing of sensitive health data. Information about your right to withdraw from this agreement is provided at the end of these Terms.
1.4 The Hercycle Services are designed to provide menstrual and female wellness information for individuals throughout various life stages. By tracking cyclical bodily changes, users can identify patterns, enhance wellbeing, and recognize personal health variations. We continuously develop new features to help users better understand their bodies.
2.1. The Hercycle Services are not intended to provide medical advice. For medical advice addressing your specific, individual needs, please always consult a qualified healthcare professional.
2.2. Hercycle is not a substitute for consultation with your healthcare provider, and the use of the Hercycle Services is at your own risk. If you feel that the use of the Hercycle Services causes you any physical or mental distress, please stop using them and seek medical help.
2.3. When using Hercycle Services, you agree to use the respective service only for the intended purposes as described in these Terms.
3.1. Hercycle is designed to provide general information about menstrual and female wellness related topics. The app collects the data you enter, such as menstrual cycles, physical activities, health and medications, pregnancy, and other body-related data. This data enables statistical and algorithmic processing to reveal patterns in your menstrual cycle and wellbeing.
3.2. Hercycle is a self-management app. This means that Hercycle’s services are based on the data you provide, so the information and analysis available in the app depends on the amount and accuracy of the inputs you choose to record.
3.3. Hercycle is intended for use on iOS and Android mobile devices and requires an account for use. Your data is stored both locally on your mobile phone and on our secure servers, allowing you to access the service on multiple logged-in devices (Hercycle as an online service).
3.4. Hercycle offers some functions and content free of charge (“Hercycle”, or the “basic” Hercycle App), while access to more extensive functions and content is paid (the “Paid Services”, see § 6 below). The basic Hercycle app can be downloaded free of charge from the relevant app store (Apple App Store for iPhone users, or Google Play Store for Android phone users). You can purchase the Paid Services, Hercycle Premium, from within the basic Hercycle App.
3.5. To support the continued provision of Hercycle Services, we reserve the right to display advertisements on our website or in our app. We may also offer the opportunity to donate via the website or app, allowing you to support our services and mission.
3.6. Hercycle continuously develops new features for different life stages to help users better understand their bodies. We strive to improve our services and may include additional features or services within the scope of Paid Services.
4.1. Hercycle is available exclusively as an online service. To use Hercycle, you must create an account. This requires your acceptance of these Terms and consent to data processing as outlined in our Privacy Policy, including all referenced documents, declarations, and consents. To create an account, you’ll need to provide a username, email address, and a unique password. During onboarding, you may provide additional information to personalize your Hercycle experience.
4.2. As an alternative, you can create an account using your Apple, Google, or Facebook login credentials, which will automatically transfer relevant personal information to Hercycle.
4.3. By creating an account, you affirm that all information you provide is accurate and complete. We strongly recommend securing your data using your device’s built-in security features (as detailed in our Privacy Policy, e.g., PIN, Face ID, or Touch ID).
4.4. Hercycle reserves the right to refuse or accept user registrations at our discretion, particularly if we believe an account may interfere with Hercycle Services. We may accept your registration by activating the relevant service without providing a specific written declaration.
4.5. If you are under the age of 18, you must obtain parental consent before creating a Hercycle account. Parents or guardians of minors are responsible for their use of Hercycle’s services.
5.1. While the basic Hercycle App is currently free of charge, we are excited to announce that we will soon be introducing Paid Services. These Premium Features will offer enhanced functionality and personalized wellness advice based on the data you track in the app.
5.2. Our upcoming Paid Services will include access to tailored wellness classes such as yoga, exercise routines, dance sessions, meditation guides, and customized food recipes. These offerings will be specifically designed to meet your individual needs as determined by your tracked data and personal health goals.
5.3. Once launched, Paid Services will be available on a subscription basis. The applicable price and subscription terms will be clearly displayed in the app and on our website prior to purchase. We will notify all users when these Premium Features become available.
5.4. As with our basic services, any health-related recommendations provided through our Paid Services will be general in nature and are not intended to replace professional medical advice. Always consult with a qualified healthcare provider for medical advice tailored to your specific needs.
5.5. We reserve the right to modify, add, or remove features from our Paid Services as we continue to develop and improve our offerings. Any significant changes to the Paid Services will be communicated to subscribers in advance.
6.1. Your HerCycle account is personal and non-transferable. You may only use HerCycle for your own private purposes or for such other purposes as we explicitly agree to in writing.
6.2. As a HerCycle user, you are not permitted to:
• Share your account access data or authentication information with third parties;
• Attempt to bypass access control systems for paid services or use any services without proper authorization;
• Remove, alter, or obscure any copyright notices, trademarks, or other intellectual property rights belonging to HerCycle, its affiliates, or third parties;
• Transfer or assign any rights or obligations under these Terms to third parties.
6.3. When using the HerCycle App and related services, you must comply with your contractual obligations to third parties, including your internet service provider and the app store from which you downloaded HerCycle.
6.4. To ensure the best experience with HerCycle Services, you should regularly update your device’s operating system and the HerCycle App. The app may automatically download and install updates to improve functionality and performance. By using HerCycle Services, you agree to the implementation of such updates.
6.5. For optimal performance and access to all features, you may need to grant certain permissions or activate specific settings on your device. We will guide you through this process as needed.
6.6. HerCycle respects your right to offset claims against us, but only if such claims are legally established or undisputed by us. Any right of retention is limited to counterclaims arising from the same contractual relationship.
6.6. As HerCycle provides health-related information, you agree to use this information responsibly and not as a substitute for professional medical advice. Always consult with a qualified healthcare provider for medical concerns.
7.1. All content available within the Hercycle App and on our website (www.hercycle.io) is protected by international copyright law unless explicitly stated otherwise. Any reproduction, processing, distribution, or commercial exploitation of our content, services, or software requires Hercycle’s written consent.
7.2. Your use of Hercycle Services, including the provision of input information, does not grant you any legal rights, titles, or interests in our services or software. The Hercycle service and software are protected by copyright law, trademark law, intellectual property rights, and other applicable laws.
7.3. The Hercycle app is a copyright-protected software program. As a user, you are granted a simple, non-exclusive, non-transferable, and revocable right for personal use. You are not permitted to decompile, modify, or edit the App beyond what is legally permissible. Leasing, renting, or otherwise transferring the app and/or its contents is strictly prohibited.
7.4. Commercial use or retransmission of Hercycle Services is prohibited. Specifically, you may not copy or publish any part of the Hercycle App or website without our explicit permission.
7.5. Hercycle uses anonymized information from your usage of our Services to improve them and for scientific research purposes. We also process personal information for these purposes as detailed in our Privacy Policy, which you consent to when creating a Hercycle account and using the Hercycle App. By creating an account and using Hercycle, you grant us permission to use your anonymized information to enhance Hercycle Services for all users and to advance scientific research in menstrual and reproductive health.
7.6. Any feedback, comments, or suggestions you may provide regarding Hercycle or our services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit without any obligation to you.
8.1. While we strive to provide accurate and up-to-date content in the Hercycle Services, we cannot guarantee the accuracy, completeness, or currency of the information. We are not responsible or liable for any content you track or provide in the Hercycle App (“user content”). You are solely responsible for the security of your personal user content. Except where required by law, we accept no liability for the deletion, damage, or failure to store user content maintained or transmitted through the Hercycle Services.
8.2. Your use of the Hercycle Services is at your own risk. We make no guarantees regarding our services, whether the basic free Hercycle App or Hercycle Premium Services. We do not guarantee that our services will achieve any specific aim, such as correctly predicting events in your individual menstrual cycle, or that Hercycle’s outputs are complete and accurate.
8.3. We emphasize that any health-related recommendations provided through the Hercycle Services are general in nature and intended for users who are generally healthy and physically and mentally fit. We provide references to published research and other sources where possible for your further evaluation. Following any general recommendations is at your own risk. If you have any doubts about the appropriateness of any recommendation for you, please consult a qualified healthcare provider.
8.4. Our liability for any claims you make as a user is limited to actual damages suffered: (a) caused intentionally or by gross negligence by us, our legal representatives, or agents; (b) resulting from injury to life, body, or health due to a breach of duty by us or our representatives or agents; (c) in cases of liability under applicable product liability laws, due to us having given a guarantee, or due to fraudulent misrepresentation; (d) arising from the breach of a fundamental obligation essential to the proper execution of the contract, which you are entitled to rely on (a cardinal obligation).
8.5. We accept unlimited liability in cases (a), (b), and (c) above. In all other cases, liability shall be limited to reasonably foreseeable damages under these terms.
8.6. In cases other than those specified in 8.4 and 8.5, and subject to the following paragraph, we exclude all liability regardless of the legal grounds.
8.7. These limitations of liability apply equally to all of our legal entities, employees, and agents. They do not alter the statutory burden of proof.
9.1. For the free Hercycle service, you may terminate your account at any time by following the deletion instructions in the app. We reserve the right to terminate the contract at our discretion without notice, subject to the following provisions.
9.2. Paid Services run for the agreed initial term. At term’s end, the contract automatically extends indefinitely unless terminated or renewed with a new initial term. For indefinite terms, you may cancel Paid Services with at least 24 hours notice before the end of each subscription month.
To cancel your subscription, contact our payment provider directly. Remember, you’ll retain access to all Paid Services features until your subscription expires. For example, cancelling a yearly subscription after three months allows you to use Hercycle Premium for the remaining nine months.
9.3. For Paid Services subscribed through the Apple App Store or Google Play Store, termination may need to be processed through these platforms. Their respective terms and conditions apply. If you access Hercycle Premium through a partner subscription (e.g., a wellness platform), your premium access terminates if you end that membership, reverting to a free Hercycle account.
9.4. Both parties retain the right to terminate the contract for good cause. This includes situations where continuing the contract until the normal notice period is unreasonable, considering all circumstances and user interests. We may exercise this right if you breach applicable laws, these Terms, or your agreements with app store providers, or if your actions could cause us to breach our contracts with these providers.
9.5. Refunds for Paid Services are subject to the refund policies of the platform through which you subscribed (e.g., Apple App Store, Google Play Store, or our direct payment provider). Hercycle does not directly process refunds for these transactions.
If you have purchased our service via an app store (such as Google Play Store or Apple App Store), please use the procedures provided by the respective app store for the withdrawal and reimbursement of your purchase. If you have purchased our service via our web subscription, please use the procedures provided by our payment provider for the withdrawal and reimbursement of your purchase by contacting them directly using the contact information provided during the purchase process.
Withdrawal policy Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Yoginify AB, located at ÄLVTOMTAGATAN 12-14, 703 42, Örebro, Sweden, contact@hercycle.io) of your decision to withdraw from this contract by an unequivocal statement. You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
End of the withdrawal policy – Model withdrawal form (Complete and return this form only if you wish to withdraw from the contract)
To Yoginify AB, located at ÄLVTOMTAGATAN 12-14, 703 42, Örebro, Sweden.
I/We hereby give notice that I/We withdraw from my/our contract for the provision of the following service:
Ordered on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
If you have questions or comments, or if you want to exercise any of your rights described above, you are always welcome to contact us via the contact details listed on our contact page at www.hercycle.io or by email privacy contact@hercycle.io. You can also use the contact details below.
Yoginify AB
Org no: 559428-1213
ÄLVTOMTAGATAN 12-14
703 42 Örebro
Sweden
We may update this Terms & Conditions from time to time. If we make material changes, we will always notify you in advance and give you a chance to review. If you do not agree to the changes, you may not continue to use our services.
Last updated 28 August 2024.