Last updated May 22, 2018
Terms of Service
Thank you for using the products and services of Me v PMDD, Inc. We are dedicated to YOU!
This is a legally binding and valid Terms of Service agreement (the “Agreement”) to govern your use of our service (the “Service”) which is the Me v PMDD app (the “App”) available in the Google Play Store and the Apple App Store (the “Stores”).
This Service is lovingly developed by Me v PMDD, Inc., located in Saint Petersburg, FL. USA 33710. Feel free to contact us at email@example.com.
This Agreement is between you and Me v PMDD, Inc. and does not govern or establish any beneficiary rights of third parties.
To create an account, you must be 16 years of age or older (Minimum Age). If you are under the age of 16, your parent/guardian must accept these terms on your behalf and is thereby held responsible for your use of the Service.
By using this Service, you agree to the Terms of Service.
- About Me v PMDD
The Me v PMDD App is a mobile device application and associated website that allows users to track symptoms and treatments of Premenstrual Dysphoric Disorder (PMDD) through their mobile device(s). The App features symptom graphs to help users and their doctors understand and more effectively treat PMDD. It also includes a Self-Love Journal for personal affirmations and reminders of coping mechanisms. In addition, the App contains resources (Resources) to learn more about PMDD and links to PMDD peer support. YOUR USE OF ANY ASPECT OF THE SERVICE IS DONE SO AT YOUR OWN RISK. SPECIFICALLY, ME V PMDD SHOULD NOT BE USED TO DIAGNOSE OR TREAT ANY MEDICAL CONDITIONS (I.E. PMDD) ON ITS OWN. However, we encourage you to use the App with your medical professionals to better understand and manage your symptoms, and seek improved health and quality of life.
We provide two modes of Service use:
- Use without creating an account – data is stored on our servers under a “guest account” that is saved using your unique hardware ID (Guest Service); in the case of damage to or loss of your device, data cannot be recovered
- Use by creating a free account – data is stored in our online servers so you may access it from multiple devices by logging into your account (Online Service)
Depending on your mode of Service (i.e. Guest Service vs. Online Service), you may have access to different features and functions of the App (e.g. you risk losing your data if you do not create an account).
- Creating an Online Service Account
You must create a personal account (Account) on Me v PMDD to access full features and functions of the App (the Online Service).
At our sole discretion and determination, Me v PMDD, Inc. reserves the right to decline the creation of any account that intends to disrupt, falsify, or negatively impact the Service as intended.
You are responsible for all activities made on your account and the safekeeping of your individual password.
- Giving and Withdrawing Consent
- Use of the Service
As a Me v PMDD App user, our Service is for you to use and enjoy!
Upon your consent to this Agreement, Me v PMDD, Inc. grants you a personal, non-exclusive, non-assignable, limited license (License) to use our App software (Software). Per this agreement, you are not permitted to transfer this right to anyone or attempt to extract and utilize our Software source code, unless expressly permitted by law.
As part of your Service, you agree that the Software may download and install updates automatically without your notice. These are designed to improve the design and performance of our Software and Service to better serve you.
Our Service and Software are protected by copyright, trademark, and intellectual property rights and laws. Your use of the Service does not grant you any legal claim to the Service or Software.
You agree not to post, upload, submit, publish,or store any User Content that: (i) violates, or leads to a violation of, any applicable law or regulation; (ii) is false, misleading or deceptive; (iii) is obscene, vulgar, pornographic, or offensive; (iv) promotes discrimination, racism, bigotry, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes such to any person or entity; or (vi) promotes illegal or harmful activities or substances; (vii) infringes or violates a third party’s patent, trademark, copyright, trade secret, moral rights or other intellectual property rights, or rights of privacy or publicity.
You further agree not to engage in any activity that interferes with or disrupts the Service.
The Me v PMDD App is currently free to use with or without creation of an account. If at some point in the future Me v PMDD, Inc. chooses to provide additional services one must pay for (Paid Services) you will be notified and thus reserve the right to accept or decline these Paid Services by upgrading your service mode or not. Per this agreement, you also consent to the potential loss of Service features that are currently available via the Guest and Online Service, should these features be deemed part of a future Paid Service only. Me v PMDD, Inc. aims for financial sustainability, and through our growth process we will maintain our commitment to users for which a Paid Service account is not possible, and promise to maintain basic features and functions of the Guest and Online Services (free services), even when a Paid Service is offered.
- Closing your Account
You may stop using the Service or close your account at any time.
To close your Me v PMDD App account and/or permanently delete all of your data from our servers, please contact us at firstname.lastname@example.org
If you are using the Guest Service, to close your “account” simply uninstall the Me v PMDD app.
Closing your account terminates the legal relationship between you and Me v PMDD, Inc. We’ll be sad to see you go, but always want you to do what’s best for you.
Me v PMDD, Inc. reserves the right to suspend your use of the Service or automatically close your account without notice to you, if, per our determination and discretion, we find that you are not complying to the Agreement or you are using the Service in such a way that disrupts, falsifies, or negatively impacts the Service.
- Limitation of Liability
ME V PMDD, INC., ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, ARE NOT LIABLE IF THE SERVICE IS USED IN SUCH A WAY THAT IS AGAINST THE EXPLICIT INTENTIONS OF OUR SERVICE AS OUTLINED IN THIS AGREEMENT, SPECIFICALLY THAT OUR SERVICE SHOULD NOT BE USED TO DEFINITIVELY DIAGNOSE, TREAT, OR CURE MEDICAL CONDITIONS WITHOUT THE GUIDANCE OF A TRAINED MEDICAL PROFESSIONAL.
We intend, however, for our App and Services to greatly ASSIST you in this process. We are not liable if you deem that our App was not sufficient in these intentions, as the App is above all, a simple tool to monitor and track PMDD symptoms, and requires user and medical professional assistance to meet such greater aims.
If a court of competent jurisdiction finds liability on the part of Me v PMDD, Inc., the potential damages shall be limited to the amount of any fees or costs previously paid by you to Me v PMDD, Inc.
- Data Protection
- Dispute resolution
In the event that litigation becomes necessary between the parties, they specifically agree that jurisdiction and venue is proper in Pinellas County, Florida. In any litigation arising out of the construction or enforcement of the terms of this agreement, the prevailing party shall recover from the non-prevailing party its costs, including a reasonable attorney’s fee, through all appeals, if any.
- Final Provisions
This Agreement is governed by the laws of the state of Florida and the United States of America. By creating an account and thus agreeing to these terms you acknowledge that while our Services and App conform to United States law, they may not fully conform to the laws and regulations of your state or nation. You maintain liability for use of our Services and App. Me v PMDD, Inc. will not be liable if such use does not meet the laws and regulations of your location. We encourage you to seek out the laws and regulations of your own location so as to ensure proper use.
This Agreement and the documents explicitly referenced herein is the entire agreement between you and Me v PMDD, Inc. as to this particular Service and replaces any prior agreement.
From time to time, this Agreement may be amended. We will notify you of such amendment by modifying the “Last Updated” date at the top of the Agreement and notify you by email. Per this notification, you have the right to object to the amendments within two weeks time (14 days). If you do not explicitly object within this set time period and continue to use the Service, this confirms your acceptance. If you object to the amendments, your only course of action is to terminate your use of the Service as outlined herein.