Terms of Use

1. Who we are

Cycle Care (“the App”) is made by Elena Yanchenkova-Trubnikova and Dima Trubnikov, Vilnius, Lithuania (“we”, “us”). These Terms of Use are an agreement between you and us for the App and this website. Contact: info@cyclecareapp.com.

By downloading or using the App you accept these Terms and our Privacy Policy. If you do not accept them, do not use the App.

2. Not medical advice

The App shows published timing windows for laboratory tests, based on WHO, ACOG and ESHRE guidance, and counts your cycle day from the date you enter. It is informational only.

• It does not diagnose, treat, cure or prevent any condition, and does not replace a doctor.
• It is not a medical device under EU Regulation 2017/745 or under US Food and Drug Administration rules.
• Always follow the instructions of your doctor or laboratory, even if they differ from the App.
• In an emergency, call your local emergency number.

3. Who can use the App

You must be at least 16 years old. If you are under 18, you need the consent of a parent or guardian.

4. Your licence

We give you a personal, non-exclusive, non-transferable, revocable licence to use the App on Apple devices you own or control, as permitted by the App Store's Usage Rules. You may not:

• copy, modify, sell or distribute the App, except where the law allows it;
• reverse engineer or decompile the App, except where the law allows it;
• use the App for anything unlawful or harmful, or try to disrupt it.

5. Your data

The App has no accounts and does not send your data to us. What stays on your device and what syncs through your own iCloud is described in the Privacy Policy.

6. Other services

Some features open services we do not control, such as Google Maps for finding a lab and Apple iCloud for sync. Their own terms and privacy policies apply to them.

7. Price and changes to the App

The App is currently free. If we add paid features, the price and terms are shown before you buy, and purchases are handled by Apple under its terms.

We may update, change or stop features of the App. If a change materially reduces what you can do, we tell you in the App or on this website in advance where reasonably possible.

8. Intellectual property

The App, its design, text and code belong to us or our licensors. These Terms give you no rights to our names or logos.

9. Our responsibility

We build the App with care, but we cannot promise it will always be available or free of errors. To the extent the law allows, the App is provided “as is”.

Nothing in these Terms limits rights you have as a consumer that cannot be waived by contract. In the EU and EEA this includes your statutory rights for digital content that does not conform to the contract. Some US states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

10. Limitation of liability

To the extent the law allows, we are not liable for indirect or consequential loss, or for decisions you make based on the App instead of your doctor's advice. Where liability cannot be excluded, it is limited to the greater of the amount you paid us for the App in the 12 months before the claim or 50 euros (or 50 US dollars).

These limits do not apply to liability for death or personal injury caused by our negligence, to intentional or grossly negligent conduct, or to any other liability that cannot be limited by law.

11. Ending use

You can stop using the App at any time by deleting it. We may end your licence if you seriously breach these Terms. Sections 2, 8, 9, 10 and 13 continue after that.

12. Changes to these Terms

We may update these Terms, for example when the law or the App changes. We change the date above, and for material changes we give notice in the App or on this website before they take effect. If you keep using the App afterwards, the new Terms apply.

13. Law and disputes

These Terms are governed by the laws of the Republic of Lithuania.

• If you are a consumer in the EU or EEA, you also keep the protection of the mandatory laws of your country of residence, and you can bring a claim in the courts of Lithuania or of your country of residence.
• Consumers can also contact the Lithuanian State Consumer Rights Protection Authority (vvtat.lt) for out-of-court dispute resolution.
• If you live in the United States or elsewhere outside the EU and EEA, disputes go to the courts of Vilnius, Lithuania, unless the law where you live gives you a right to bring them locally that cannot be waived.
• California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

Please write to us first. Most questions can be settled by email.

14. Apple App Store terms

If you downloaded the App from the Apple App Store:

• These Terms are between you and us, not Apple. We, not Apple, are responsible for the App and its content.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the extent the law allows, Apple has no other warranty obligation for the App.
• We, not Apple, are responsible for addressing any claims about the App, including product liability claims, claims that it fails to meet legal or regulatory requirements, and consumer protection claims.
• If a third party claims that the App infringes their intellectual property rights, we, not Apple, are responsible for the investigation, defence, settlement and discharge of that claim.
• You confirm that you are not located in a country subject to a US government embargo or designated as a “terrorist supporting” country, and that you are not on any US government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

15. Contact

Questions about these Terms: info@cyclecareapp.com.