Terms of Service

In these Terms, the following capitalised expressions have the meanings given below. Where a capitalised expression is used elsewhere in these Terms, it carries the meaning defined here.

• “Company”, “we”, “us”, “our” means Lova Health LLC, a company incorporated in State of Delaware, United States, trading as Lova Health.
• “App” means the Lova mobile application, including all software, bundled content, updates and new versions we make available.
• “Website” means lova.health and its subdomains. The Website is not part of the App, and some provisions of these Terms apply only to one or the other.
• “Service” means the App and the Website together, including the Learn Library and any Premium Features.
• “Health Data” means information you record in the App about your body and health, including cycle and period dates, symptoms, moods, basal body temperature, pregnancy and postpartum information, hormone-therapy regimens, intervention sessions, reproductive goals and free-text notes.
• “Learn Library” means the educational content feature of the App, described in our Privacy Policy.
• “Premium Features” means functionality available only under a paid subscription.
• “App Store” means the Apple App Store, Google Play, or any other platform through which we distribute the App.
• “Terms” means this agreement, as amended from time to time in accordance with clause 13.

By downloading, installing, or using the App, you enter into a binding agreement with the Company on these Terms. If you do not agree to these Terms, do not install or use the App, and delete it if you have already installed it.

These Terms incorporate our Privacy Policy and our Cookie Policy by reference. Together they form the entire agreement between you and us in relation to the Service, as set out in clause 22.

The App is a general-audience health tool. It is not designed for, and must not be used by, young children.

• You must be at least 13 years old to use the App. Use by anyone under 13 is prohibited.
• If you are in the European Economic Area or the United Kingdom, you must be at least 16 years old to agree to these Terms on your own behalf, unless the law of your country sets a lower age (it may be as low as 13), in which case that lower age applies.
• If you are under the age of 18 but at or above the applicable minimum age, you may use the App only with the knowledge and consent of a parent or legal guardian, who agrees to these Terms with you and on your behalf.

We do not verify age, because doing so would require collecting identity information we have deliberately chosen not to hold. If we become aware that a user is below the applicable minimum age, we will take reasonable steps to terminate that use and to delete any information we hold about them. See the Children’s Privacy section of our Privacy Policy.

Subject to your compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use one copy of the App on a device that you own or otherwise control, solely for your own personal, non-commercial purposes.

This is a licence, not a sale. We reserve all rights not expressly granted. Except as this clause permits, or as applicable law permits notwithstanding a contractual restriction, you may not copy, modify, distribute, sell, lease, sublicense or create derivative works of the App.

You agree that you will not, and will not attempt to:

• reverse engineer, decompile or disassemble the App, except to the extent that this restriction is prohibited by applicable law (including, in the European Union, the rights granted by Article 6 of Directive 2009/24/EC);
• circumvent, disable or interfere with any security, encryption or access-control feature of the Service;
• access or attempt to access any system, endpoint or account that we have not made available to you, or probe, scan or test the vulnerability of our infrastructure other than through a vulnerability disclosure we have invited;
• use the Service to develop a competing product, or to build a dataset for training machine-learning models;
• use any automated means to access the Service in a way that imposes an unreasonable load on it;
• use the App to provide medical, diagnostic or clinical services to any other person, or otherwise hold the App out as a clinical tool;
• remove, obscure or alter any proprietary notice in the App; or
• use the Service for any unlawful purpose or in breach of any applicable law.

Researching the privacy properties of the App is expressly permitted and encouraged. Inspecting the App’s network traffic, running it offline, and verifying our claims are not breaches of this clause — our Privacy Policy invites exactly that.

More specifically, you acknowledge and agree that:

• the App has not been reviewed, cleared or approved by the United States Food and Drug Administration, the European Medicines Agency, the UK Medicines and Healthcare products Regulatory Agency, or any other regulatory authority, for any diagnostic or therapeutic purpose;
• cycle, fertility, ovulation and related predictions are statistical estimates generated from the data you enter. They are not findings of fact about your body, and their accuracy depends on the completeness and accuracy of your entries and on physiological variation we cannot observe;
• educational material in the Learn Library is general information, not advice addressed to your circumstances, and does not create a clinician–patient relationship;
• you should consult a qualified healthcare professional before making any decision about contraception, conception, pregnancy, hormone therapy, medication, or the investigation of any symptom; and
• you should never delay seeking, or disregard, professional medical advice because of something the App has shown you.

This clause operates together with the disclaimer of warranties in clause 15 and the limitation of liability in clause 16.

Your Health Data is yours. Nothing in these Terms transfers to us any ownership of, or licence in, your Health Data. We do not acquire a right to use, analyse, publish or commercialise it. Because the App stores Health Data on your device rather than on our servers, we are generally not in a position to access it at all.

You are responsible for:

• the accuracy and completeness of the data you enter;
• securing the device on which the App is installed, including by using a device passcode, biometric lock, and the App’s own lock where available;
• keeping your own backups if you wish to be able to restore your data. Because your Health Data is held on your device and not by us, we cannot recover it for you if your device is lost, damaged, reset, or if you delete the App;
• deciding whether to share an export of your data with a partner, clinician or anyone else, and with whom. Once you share an export, its further handling is outside our control; and
• using the Service in compliance with the laws that apply to you.

How we handle information is governed by our Privacy Policy, which forms part of these Terms. If you are a Washington State resident, our Consumer Health Data Privacy Notice also applies to you.

In summary, and without qualifying the Privacy Policy itself: your Health Data is stored on your device, we operate no server that stores it, and we have no account system through which we could identify you. A small amount of non-health information does leave your device in defined circumstances — for example to validate a subscription, to deliver Learn Library content, or if you opt in to crash reporting. The Privacy Policy sets out each of those flows. Where this clause and the Privacy Policy differ, the Privacy Policy governs.

Core tracking functionality is available without payment. Premium Features are offered on a recurring subscription.

• Prices and billing periods are those displayed in the App or on the applicable App Store at the time you subscribe. We may change prices for future billing periods, and will give you notice before a changed price takes effect.
• Payment is taken by the App Store, not by us. Apple or Google charges the payment method on your App Store account. We never receive your card details.
• Subscriptions renew automatically at the end of each billing period, at the then-current price, unless you cancel before the renewal date. Your App Store account is charged within the 24 hours before the start of each new period.
• To cancel, use the subscription settings of your App Store account (on iOS, Settings, then your name, then Subscriptions; on Android, the Play Store subscriptions screen). Deleting the App does not cancel a subscription. Cancellation takes effect at the end of the current period; you keep Premium Features until then.
• Free trials, where offered, convert into a paid subscription unless you cancel at least 24 hours before the trial ends.
• Refunds are administered by the App Store under its own policy, not by us. Requests should be made to Apple or Google. We have no technical ability to issue a refund for an App Store purchase.

Your statutory rights are unaffected. If you are a consumer in the European Economic Area or the United Kingdom, you have a statutory right to withdraw from a distance contract within 14 days, subject to the limits that apply to digital content you have begun to use. Residents of some jurisdictions, including California, have additional rights in relation to automatically renewing subscriptions. Nothing in this clause limits those rights.

The Service, and all intellectual property rights in it, are owned by the Company or its licensors. This includes the software, the user interface and visual design, the Learn Library content we author, and the Lova name and logo, which are our trademarks.

The App incorporates third-party open-source components, each of which remains subject to its own licence. Those licences are reproduced in the App.

For the avoidance of doubt, and as stated in clause 7, this clause does not apply to your Health Data, in which you retain all rights.

If you believe material in the Service infringes your intellectual property rights, write to legal@lova.health identifying the material and your rights in it, and we will investigate.

You obtained the App from an App Store, and the operator of that App Store is not a party to these Terms. The following provisions apply to the extent required by the relevant App Store operator, and in the case of Apple are given for Apple’s benefit.

• These Terms are concluded between you and the Company only, and not with Apple, Google or any other App Store operator.
• The Company, not the App Store operator, is solely responsible for the App and its content.
• The App Store operator has no obligation whatsoever to provide any 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) you paid for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation of any kind in relation to the App.
• The App Store operator is not responsible for addressing any claim by you or a third party relating to the App, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or privacy legislation. That responsibility is ours.
• If a third party claims that the App infringes its intellectual property rights, the Company, not the App Store operator, is responsible for the investigation, defence, settlement and discharge of that claim.
• You represent that you are not located in a country subject to a United States Government embargo or designated as a “terrorist supporting” country, and that you are not on any United States Government list of prohibited or restricted parties. See also clause 21.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

We may add, change, suspend or withdraw features of the Service, and may stop distributing or supporting the App. Where a change would materially reduce functionality you are paying for, we will give you reasonable notice and you may cancel your subscription as described in clause 9.

Because your Health Data is stored on your device, a version of the App already installed will generally continue to work, and your data will remain accessible to you, even if we discontinue the Service. We do not operate a remote kill switch for your data. We cannot, however, guarantee indefinite compatibility with future operating system versions.

We may amend these Terms, for example to reflect a change in the Service or in applicable law. How we do so depends on the significance of the change.

• Minor changes — such as corrections, clarifications, or changes that do not reduce your rights — take effect when we publish the amended Terms with a new “last updated” date.
• Material changes — such as a change to the licence, the liability provisions, or the dispute resolution provisions — take effect no earlier than 30 days after we notify you. We will give notice in the App, and on this page.

If you do not accept a material change, you may reject it by ceasing to use the Service and cancelling any subscription before the change takes effect. For users in the European Economic Area and the United Kingdom, where applicable consumer law requires your express agreement to a material change, continued use alone will not be treated as agreement.

Every version of these Terms is recorded in the amendment history at the foot of this page.

These Terms apply from the moment you install the App and continue until terminated as set out below. There is no account to close, because the App does not have accounts.

• By you. You may terminate at any time by deleting the App from your device. If you want your Health Data gone as well, use the delete-all-data function in the App before uninstalling, since uninstalling may leave data in a device backup. Terminating does not automatically cancel a subscription — see clause 9.
• By us. We may terminate or suspend the licence granted in clause 4 if you materially breach these Terms, or if we are required to do so by law. Where it is reasonable and lawful to do so, we will give notice first and an opportunity to put the breach right.

Effect of termination. On termination, the licence in clause 4 ends and you must stop using the App. Termination does not entitle you to a refund of amounts already paid, except where a refund is required by the App Store’s policy or by law. Your Health Data remains on your device, under your control, and is unaffected by termination.

Survival. Clauses 7 (your data), 6 (no medical advice), 10 (intellectual property), 15 (warranties), 16 (liability), 17 (indemnity), 18 and 19 (disputes), 20 (governing law) and 22 (general provisions) survive termination.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, WE DO NOT WARRANT THAT:

• ANY PREDICTION, ESTIMATE OR INSIGHT PRODUCED BY THE APP IS ACCURATE, COMPLETE OR SUITABLE FOR ANY DECISION YOU MAY TAKE, INCLUDING ANY DECISION ABOUT CONTRACEPTION OR CONCEPTION;
• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
• ANY DEFECT WILL BE CORRECTED; OR
• THE APP WILL BE COMPATIBLE WITH, OR CONTINUE TO FUNCTION ON, ANY PARTICULAR DEVICE OR OPERATING SYSTEM VERSION.

We design the App to encrypt Health Data at rest on your device and to hold encryption keys in operating-system secure storage. We cannot, however, warrant the security of data held on a device we do not control: a device that is compromised, jailbroken, rooted, shared, or unlocked by someone else may expose data stored on it. Our commitments about encryption are described in our Privacy Policy and are not disclaimed by this clause; what this clause disclaims is a warranty of outcome.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE EXCEPTIONS BELOW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, GOODWILL, OR LOSS OR CORRUPTION OF DATA, IN EACH CASE HOWEVER ARISING AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY;
• WE SHALL NOT BE LIABLE FOR ANY DECISION YOU TAKE, OR REFRAIN FROM TAKING, IN RELIANCE ON A PREDICTION, ESTIMATE OR EDUCATIONAL ARTICLE PRESENTED BY THE APP, INCLUDING ANY DECISION RELATING TO CONTRACEPTION, CONCEPTION, PREGNANCY, OR MEDICATION; AND
• OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US, OR PAID THROUGH AN APP STORE FOR THE APP, IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) USD 100.

Because this clause allocates risk in a product supplied at low or no cost, it is a fundamental basis of our agreement. Some jurisdictions do not allow the limitation of certain damages, so parts of this clause may not apply to you.

You agree to indemnify and hold harmless the Company and its officers, employees and agents from and against any third-party claim, and any resulting loss, liability, damage and reasonable legal cost, arising out of:

• your use of the Service in breach of these Terms;
• your infringement of the rights of any third party; or
• your sharing of exported data with a third party, or any onward use of data you have chosen to share.

This indemnity does not apply to the extent the claim arises from our own breach, negligence or wilful misconduct. We will notify you promptly of any claim for which we seek indemnity, allow you to participate in its defence, and not settle it without your consent where that settlement would impose an obligation on you. If you are a consumer, this clause applies only to the extent permitted by the consumer law of your country of residence.

Talk to us first. Before starting any formal proceeding, you agree to send a written notice of dispute to legal@lova.health describing the claim and the relief you seek, and to allow us 60 days to resolve it informally. We will do the same before bringing a claim against you. Most disputes can be settled this way.

Arbitration. If a dispute is not resolved within that period, and except as stated below, you and we agree that it will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The seat of the arbitration is Wilmington, Delaware, and the arbitration may be conducted by documents, telephone or video where the rules allow. The arbitrator decides all issues except that a court, not the arbitrator, decides the validity and scope of the class action waiver in clause 19. Judgment on the award may be entered in any court of competent jurisdiction.

What is outside arbitration. This clause does not apply to:

• a claim that qualifies for a small claims court, which either of us may bring there;
• an application for an injunction or other equitable relief to stop infringement or misuse of intellectual property;
• a dispute with a consumer resident in the European Economic Area or the United Kingdom. If you are such a consumer, this arbitration agreement does not apply to you at all: you may bring proceedings in the courts of your country of residence, and you retain the protection of the mandatory consumer law of that country. Nothing in these Terms deprives you of access to a court or to an alternative dispute resolution body in your jurisdiction; and
• any claim that applicable law does not permit to be submitted to arbitration, including claims under certain state health-privacy statutes that confer a private right of action.

Your right to opt out. You may reject this arbitration agreement by sending written notice to legal@lova.health within 30 days of first accepting these Terms, stating your intention to opt out. Opting out does not affect any other part of these Terms, and we will not treat it as a reason to restrict your use of the Service.

Costs. We will pay the arbitration filing and administrative fees to the extent the applicable rules require, and will not seek our legal costs from you unless the arbitrator finds your claim frivolous.

If this clause is found unenforceable as to a particular claim or remedy, that claim or remedy — and only that claim or remedy — is severed from arbitration and may be brought in the courts identified in clause 20; the remainder of clause 18 continues to apply.

This clause does not apply to a consumer resident in the European Economic Area or the United Kingdom, nor does it waive any right to participate in a representative action that applicable law makes non-waivable, including a public injunctive relief claim where such a waiver is prohibited.

These Terms, and any dispute arising out of them or the Service, are governed by the laws of State of Delaware, United States, excluding its conflict of laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

For any claim not subject to arbitration under clause 18, the courts of the state and federal courts located in Delaware have exclusive jurisdiction, and you and we each consent to the personal jurisdiction of those courts.

The App and its encryption functionality may be subject to the export control laws of the United States and other jurisdictions. You agree not to export, re-export or transfer the App, directly or indirectly, in breach of those laws, and you represent that you are not located in, ordinarily resident in, or acting on behalf of a person in, a territory or entity subject to comprehensive sanctions, and that you do not appear on any applicable restricted-party list.

Entire agreement

These Terms, together with the Privacy Policy, the Cookie Policy and, where it applies to you, the Consumer Health Data Privacy Notice, constitute the entire agreement between you and us in relation to the Service, and supersede all prior statements and understandings. Nothing in this clause limits liability for fraudulent misrepresentation.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation or sale of all or substantially all of our assets, provided that the assignee agrees in writing to be bound by these Terms and by privacy commitments at least as protective as those in our Privacy Policy as it then stands. We consider this proviso an important protection: it means a future owner of the business cannot quietly adopt a weaker privacy model for data you have already entrusted to the App. If we assign these Terms, we will say so on this page.

Severability

If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The remaining provisions continue in full force. Clause 19 contains its own severability rule, which prevails over this paragraph for that clause.

No waiver

A failure or delay in enforcing a provision of these Terms is not a waiver of it, and a waiver on one occasion is not a waiver on any other.

Force majeure

We are not liable for any failure or delay in performing our obligations caused by an event beyond our reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, epidemic or pandemic, labour dispute, failure of a telecommunications or hosting provider, App Store outage, or act of government.

Notices

We may give you notice through the App, on this page, or by any email address you have given us. You may give us notice at legal@lova.health. A notice is effective on receipt.

Relationship and third parties

These Terms do not create any partnership, agency or employment relationship. Except for the App Store operators as described in clause 11, no person other than you and us has any right to enforce these Terms.

For questions about these Terms, for a notice of dispute under clause 18, or to opt out of arbitration:

• Legal notices: legal@lova.health
• Privacy requests: legal@lova.health
• Anything else: our contact form