Terms of Service

By accessing or using the STMT application (the "Service"), operated by [Your Company Name] ("we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must not access or use the Service.

These Terms constitute a legally binding agreement between you and [Your Company Name]. By creating an account or using the Service, you represent that you are at least 16 years of age, that you have the legal capacity to enter into this agreement, and that you accept these Terms.

We may update these Terms from time to time. Your continued use of the Service following the posting of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must discontinue use of the Service.

STMT is a digital fertility tracking tool based on the symptothermal method. The Service allows users to record and visualize fertility-related observations, including basal body temperature (BBT), cervical mucus characteristics, cervix position, menstrual flow, physical symptoms, sexual activity, and personal notes.

The Service processes the data you enter to generate charts and to assist in identifying cycle patterns according to symptothermal evaluation rules. The Service is designed as an informational and self-tracking tool to help you observe and understand your menstrual cycle.

The Service may be offered as a free tier, a paid subscription, or a combination of both. The specific features available to you depend on your subscription level. We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with or without notice.

To use the Service, you must create an account by providing a valid email address and a secure password. You are responsible for:

- Providing accurate and complete registration information - Maintaining the confidentiality of your login credentials - All activities that occur under your account - Notifying us immediately of any unauthorized use of your account or any other security breach

You must not share your account credentials with any other person. Each account is for a single individual user only. We reserve the right to suspend or terminate accounts that we reasonably believe are being shared or used in violation of these Terms.

You must not create an account using a false identity or provide misleading information. We reserve the right to refuse registration, or suspend or terminate any account, at our sole discretion.

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.

STMT IS NOT A MEDICAL DEVICE. The Service has not been cleared, approved, or certified by the U.S. Food and Drug Administration (FDA), has not received a CE marking under the EU Medical Devices Regulation, and is not registered as a medical device with Swissmedic or any other regulatory authority worldwide.

The Service DOES NOT diagnose, treat, cure, or prevent any disease, medical condition, or health issue. The information provided by the Service, including cycle charts, pattern analyses, fertile window indications, and any other output, is for informational and educational purposes only and must not be construed as medical advice, a medical diagnosis, or a treatment recommendation.

THE SYMPTOTHERMAL METHOD REQUIRES PROPER TRAINING AND INSTRUCTION. The Service is a data recording and visualization tool; it does not replace the education, training, and supervised practice that are essential for the effective and reliable application of the symptothermal method. If you intend to use the symptothermal method for family planning (whether to achieve or avoid pregnancy), you should seek instruction from a qualified symptothermal method educator or healthcare professional.

THE SERVICE IS NOT RELIABLE CONTRACEPTION WITHOUT PROPER INSTRUCTION. Using the Service without adequate training in the symptothermal method may lead to inaccurate interpretation of your fertility data. We strongly advise against relying on the Service as your sole method of contraception unless you have received thorough instruction in the symptothermal method from a qualified educator.

YOU SHOULD ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL for any medical concerns, before making any health-related decisions, or if you suspect you may have a medical condition. Never disregard professional medical advice or delay seeking it because of information obtained through the Service.

By using the Service, you acknowledge and agree that you use it entirely at your own risk, and that we bear no responsibility for any health decisions you make based on data recorded in or outputs generated by the Service.

As a user of the Service, you agree to:

- Use the Service only for its intended purpose of personal fertility tracking and cycle observation - Provide accurate data entries to the best of your ability, understanding that the quality of the Service's output depends on the accuracy of your input - Keep your account credentials secure and confidential - Comply with all applicable laws and regulations when using the Service - Not attempt to access another user's account or data - Not attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of the Service - Not use the Service for any unlawful, harmful, or abusive purpose - Not use automated scripts, bots, or other automated means to access or interact with the Service without our prior written consent - Not attempt to probe, scan, or test the vulnerability of the Service or circumvent any security or authentication measures - Not interfere with or disrupt the integrity or performance of the Service or the data contained therein

We reserve the right to suspend or terminate your access to the Service if you violate any of these responsibilities or any other provision of these Terms.

The Service, including its source code, design, graphics, user interface, logos, trademarks, and all associated documentation and content, is the intellectual property of [Your Company Name] and is protected by copyright, trademark, and other intellectual property laws of Switzerland, the European Union, and international treaties.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use in accordance with these Terms. This license does not include the right to:

- Modify, copy, or create derivative works based on the Service - Sublicense, sell, resell, or commercially exploit the Service - Use the Service's branding, logos, or trademarks without our prior written consent - Download, extract, or scrape any content or data from the Service beyond your own personal data

Your Personal Data: You retain full ownership of the personal data and health data you enter into the Service. We claim no intellectual property rights over your personal data. Our use of your data is governed by our Privacy Policy.

Your privacy is of utmost importance to us. The collection, use, storage, and protection of your personal data are governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you acknowledge that you have read and understood our Privacy Policy. You consent to the collection and processing of your personal data, including special category health data, as described in the Privacy Policy.

You have the right to access, correct, export, and delete your personal data at any time, as described in the Privacy Policy. The Service provides built-in features for data management and export to facilitate the exercise of your data protection rights.

We strive to maintain the availability of the Service, but we do not guarantee uninterrupted, error-free, or continuous access. The Service is provided on an "as is" and "as available" basis.

We may temporarily suspend access to the Service, in whole or in part, for maintenance, updates, security patches, or other operational reasons. Where possible, we will provide advance notice of planned downtime, but we are under no obligation to do so.

For users on a free tier, no uptime guarantee or service level agreement (SLA) is provided. We make reasonable efforts to keep the Service available but accept no liability for downtime or interruptions.

For users on a paid subscription, any applicable service level commitments will be outlined in the specific terms of that subscription plan. In the absence of such specific terms, no SLA is provided beyond our general commitment to reasonable availability.

We are not liable for any loss, damage, or inconvenience arising from the unavailability of the Service, regardless of the cause, including but not limited to server failures, network issues, force majeure events, or cyberattacks.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

[Your Company Name], its directors, employees, partners, agents, suppliers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, health, well-being, or goodwill, arising out of or in connection with your use of or inability to use the Service.

IN PARTICULAR, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR:

- Any health decisions, family planning decisions, or medical decisions you make based on data, charts, analyses, or any other output provided by the Service - Any pregnancy, whether intended or unintended, that occurs while using the Service - Any inaccuracies, errors, or misinterpretations in the data you enter or in the outputs generated by the Service - Any consequences arising from the use of the Service without proper training in the symptothermal method - Any failure to detect or correctly identify fertile or infertile days - Any reliance on the Service as a substitute for professional medical advice, diagnosis, or treatment

The Service is an informational tool, not a medical device, and you acknowledge that you use it entirely at your own risk. You agree to hold us harmless from and against any claims, damages, losses, or expenses arising from your use of the Service or your reliance on its output.

Where liability cannot be excluded by law, our total aggregate liability to you for any and all claims arising out of or related to these Terms or the Service shall not exceed the total amount you have paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or CHF 100.00, whichever is greater.

Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our gross negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable Swiss law.

You may terminate your use of the Service at any time by deleting your account through the account settings. Upon account deletion, your personal data will be handled in accordance with our Privacy Policy and data retention schedule.

We may suspend or terminate your account and access to the Service at any time, with or without cause and with or without notice, if:

- You violate any provision of these Terms - Your conduct could harm us, other users, or third parties - We are required to do so by law or a lawful order - We discontinue the Service in whole or in part

Upon termination, your right to use the Service ceases immediately. Before deleting your account, we recommend using the Service's data export feature to download a copy of your personal data, as we may not be able to recover your data after deletion.

Provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to the Health Disclaimer (Section 4), Intellectual Property (Section 6), Limitation of Liability (Section 9), and Governing Law (Section 11).

These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of law principles.

Any disputes arising out of or in connection with these Terms or your use of the Service shall be submitted to the exclusive jurisdiction of the competent courts at the registered domicile of [Your Company Name] in Switzerland.

Notwithstanding the foregoing, if you are a consumer resident in the European Union, you may also bring proceedings in the courts of your country of residence, and you benefit from any mandatory provisions of consumer protection law in your country of residence that cannot be derogated from by agreement. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

We reserve the right to modify or replace these Terms at any time at our sole discretion. When we make material changes, we will:

- Post the revised Terms within the Service or on our website - Update the "Last updated" date at the top of these Terms - Notify you of significant changes via email or a prominent in-app notification

Material changes will become effective no earlier than 30 days after notification. Non-material changes, such as minor clarifications or formatting adjustments, may take effect immediately upon posting.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and may delete your account.

We encourage you to review these Terms periodically to stay informed about the conditions governing your use of the Service.

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at:

[Your Company Name] [Your Address] Email: [your-email@example.com]

We will make reasonable efforts to respond to your inquiry in a timely manner.