Terms of Use
Table of Contents
Acceptance of Terms
By downloading, installing, or using the SyncMate application (the "App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not download, install, or use the App.
These Terms apply to all users of the App. If you are using the App on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
License Grant
Subject to your full and ongoing compliance with these Terms of Use, SyncMate grants you a limited, personal, non-exclusive, non-commercial, non-transferable, revocable license to download, install, and use SyncMate (the "App") on an Apple iOS device that you own or control, solely for your own personal, non-commercial wellness tracking purposes.
Scope of License. This license permits you to use the App only on devices authorized by Apple's App Store terms. You may not transfer the App or your rights under this license to any other person or entity.
Revocability. SyncMate reserves the right to revoke this license at any time, with or without cause, effective upon notice to you or upon your violation of any provision of these Terms. Upon revocation or termination, you must immediately cease all use of the App and delete all copies from your devices.
This license does not include:
- The right to sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the App or any portion thereof.
- The right to modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App or any portion thereof.
- The right to copy or reproduce the App except as reasonably necessary for personal backup purposes, as permitted by applicable law.
- The right to remove, circumvent, disable, damage, or otherwise interfere with security-related features of the App.
- The right to use the App on any device not authorized by the applicable platform terms of service.
- Any rights not expressly stated in these Terms.
All rights, title, and interest in and to the App, including all intellectual property rights therein, remain exclusively with SyncMate and its licensors. These Terms do not grant you any rights to SyncMate's trademarks, service marks, or logos.
Usage Restrictions
You agree that you will not, and will not attempt to, do any of the following:
- Reverse engineering. Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, object code, underlying algorithms, or trade secrets of the App, except to the limited extent permitted by applicable law notwithstanding this restriction.
- Derivative works. Modify, adapt, translate, or create derivative works based on the App or any part thereof without SyncMate's prior written consent.
- Commercial exploitation. Use the App, or any part of it, for any commercial purpose, including but not limited to reselling, redistributing, licensing, or providing the App (or its functionality) as a service to third parties.
- Medical reliance. Rely on the App as a substitute for professional medical advice, diagnosis, or treatment. The App is a general personal wellness tool only and is not intended for any medical purpose. See the Medical Disclaimer section for critical information.
- Automated access. Use any robot, spider, scraper, script, macro, automated tool, or other automated means to access the App, extract data, or interfere with the App's normal operation. The App is intended solely for manual, human interaction.
- Unauthorized access. Attempt to gain unauthorized access to any systems, networks, or servers related to the App, or probe, scan, or test the vulnerability of any such system.
- Interference. Use the App in any manner that could damage, disable, overburden, impair, or interfere with the App's servers, networks, or infrastructure, or interfere with any other party's access to or use of the App.
- Intellectual property. Remove, alter, obscure, or tamper with any copyright, trademark, patent, or other proprietary notices embedded in or accompanying the App.
- Unlawful use. Use the App in violation of any applicable local, state, national, or international law or regulation, including but not limited to laws governing privacy, data protection, and health information.
- Export compliance. Export, re-export, or transfer the App or any related technology in violation of applicable export control laws and regulations, including the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and the sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to a U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties.
- Third-party rights. Use the App in a manner that violates or infringes the rights of any third party, including intellectual property rights, privacy rights, or rights of publicity.
Violation of any restriction in this section may result in immediate termination of your license to use the App and may expose you to civil and/or criminal liability.
Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SYNCMATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
- Implied warranties of merchantability. We make no warranty that the App will meet your requirements, expectations, or objectives, or that it is fit for any particular purpose.
- Fitness for a particular purpose. We expressly disclaim any warranty that the App is suitable for health monitoring, medical decision-making, fertility assessment, contraceptive planning, or any other specific health or medical purpose.
- Non-infringement. We make no warranty that the App or its content does not infringe the intellectual property or other rights of any third party.
- Accuracy of cycle predictions. The menstrual cycle predictions, fertile window estimates, ovulation date predictions, and other cycle-related insights provided by the App are statistical estimates based solely on data you enter. They are not medically validated predictions and are not guaranteed to be accurate, complete, or reliable. Individual cycle variations, hormonal factors, health conditions, stress, illness, and many other factors can cause actual cycles to differ materially from the App's predictions. Do not rely on these predictions for any medical, reproductive health, or family planning decisions.
- No fitness for medical purpose. The App has not been designed, tested, or approved for use as a medical device, diagnostic tool, or clinical decision-support tool. It is not a substitute for professional medical examination, laboratory testing, or clinical care.
- Uninterrupted or error-free operation. We do not warrant that the App will be continuously available, operate without interruption, be free from errors, defects, bugs, or security vulnerabilities, or that defects will be corrected.
- Third-party content. Any general wellness information or content provided within the App is for informational purposes only. We make no warranty regarding the accuracy, completeness, currency, or reliability of any such content.
Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, SyncMate's warranties are limited to the maximum extent permitted by applicable law.
Your use of the App is at your sole risk. You are solely responsible for any damage to your device, loss of data, or other harm that results from your use of the App.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYNCMATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
- Health and medical outcomes. Any adverse health outcomes, physical harm, illness, injury, or death arising from your reliance on the App's cycle predictions, health insights, or any other information provided by the App.
- Reproductive health decisions. Any unintended pregnancy, missed period notification, failed pregnancy prevention attempt, fertility treatment decision, or other reproductive health outcome arising from use of or reliance on the App. Cycle tracking and prediction is inherently imprecise and the App makes no guarantees regarding reproductive outcomes.
- Delayed or foregone medical care. Any harm resulting from your decision to delay, avoid, or forgo seeking qualified medical advice based on information or predictions from the App.
- Data loss or corruption. Loss, corruption, or unauthorized access to your health data or any other data stored on your device in connection with the App, including data lost as a result of App malfunction, device failure, OS updates, or App deletion.
- Misuse or unauthorized use. Any damages arising from your misuse of the App, use of the App in a manner inconsistent with these Terms, or use of the App by any unauthorized third party who gains access to your device.
- Business or economic losses. Loss of profits, revenue, business, contracts, anticipated savings, goodwill, reputation, or any other economic loss.
- Incidental or consequential damages. Any indirect, incidental, special, or consequential damages arising out of or in connection with these Terms or your use of or inability to use the App, even if SyncMate has been advised of the possibility of such damages.
- Third-party conduct. Any damages arising from the acts or omissions of third parties, including Apple and its App Store infrastructure.
- Service interruption. Any damages arising from any interruption, suspension, discontinuation, or termination of the App or any related service.
Aggregate Liability Cap. IN NO EVENT SHALL SYNCMATE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE APP, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU ACTUALLY PAID FOR THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE U.S. DOLLAR ($1.00). BECAUSE SYNCMATE IS CURRENTLY OFFERED AS A FREE APPLICATION, THE PRACTICAL MAXIMUM LIABILITY IS ONE U.S. DOLLAR ($1.00).
Essential Basis. The limitations of liability set forth in this section reflect a fair allocation of risk between you and SyncMate and are an essential basis of the agreement between the parties. SyncMate would not be able to provide the App on a free-of-charge basis without these limitations.
Sole Remedy. USE OF THE APP IS AT YOUR OWN RISK. If you are dissatisfied with the App, these Terms, or the quality of the App's predictions or content, your sole and exclusive remedy is to immediately cease use of the App and, if applicable, uninstall it from your devices.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
Medical Disclaimer
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT THE LIMITATIONS OF THIS APP.
SYNCMATE IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
- Not a medical device. SyncMate is a personal wellness and cycle tracking application. It is NOT a medical device under applicable law, including the Federal Food, Drug, and Cosmetic Act (FD&C Act) or regulations of the U.S. Food and Drug Administration (FDA) or any equivalent authority in any jurisdiction.
- Not FDA approved or cleared. SyncMate has NOT been evaluated, approved, cleared, or authorized by the U.S. Food and Drug Administration (FDA) or any other regulatory authority as a medical device, diagnostic tool, clinical decision support system, or software as a medical device (SaMD). No claims made by this App have been reviewed or validated by any regulatory body.
- NOT for contraception or pregnancy prevention. SyncMate MUST NOT be used as a method of contraception, birth control, or pregnancy prevention. The App's cycle predictions and fertile window estimates are based on statistical averages and the data you enter. They are not clinically validated and are not reliable for preventing pregnancy. If you wish to prevent pregnancy, consult a licensed healthcare provider about medically appropriate contraceptive methods.
- Not a diagnostic tool. SyncMate does not diagnose, treat, cure, or prevent any disease, condition, disorder, or health concern. No information or output from the App should be interpreted as a diagnosis of any medical condition, including but not limited to polycystic ovary syndrome (PCOS), endometriosis, thyroid disorders, hormonal imbalances, or pregnancy.
- Predictions are estimates only. All cycle predictions, fertile window estimates, ovulation date calculations, and period start date predictions generated by the App are estimates based on the data you enter and standard statistical cycle averages. Actual cycle timing varies significantly from person to person and from cycle to cycle due to factors including stress, illness, weight changes, medications, hormonal changes, and many other variables. These estimates should not be used for any clinical, medical, or reproductive health purpose.
- Not medical advice. The information, predictions, reminders, and any wellness content provided by SyncMate are for general informational and personal wellness purposes only. Nothing in the App constitutes, or should be construed as, medical advice, professional medical opinion, clinical recommendation, or a substitute for consultation with a qualified healthcare provider.
- Consult a healthcare provider. Always seek the advice of a qualified physician, obstetrician/gynecologist (OB-GYN), or other licensed healthcare professional for any questions or concerns about your menstrual health, reproductive health, fertility, hormone levels, or any symptoms you may experience. Do not make any medical, reproductive, or health-related decisions based solely on information provided by this App.
- Do not delay medical care. NEVER DISREGARD, DISMISS, OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE, EXAMINATION, OR TREATMENT BECAUSE OF SOMETHING YOU HAVE READ, SEEN, OR BEEN NOTIFIED OF IN THIS APP. If you have concerns about your health, contact a qualified healthcare provider promptly.
- Emergency situations. If you are experiencing a medical emergency, call 911 (in the U.S.) or your local emergency services number immediately. Do not use this App to evaluate or manage a medical emergency. Signs of a medical emergency may include but are not limited to: severe abdominal pain, heavy uncontrolled bleeding, signs of ectopic pregnancy, or any condition causing acute distress.
BY USING THIS APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS MEDICAL DISCLAIMER AND THAT YOU WILL NOT RELY ON THE APP FOR ANY MEDICAL, CLINICAL, OR REPRODUCTIVE HEALTH DECISION.
Governing Law & Dispute Resolution
Governing Law. These Terms of Use and any dispute or claim arising out of or relating to these Terms or the App (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its choice of law or conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Informal Resolution. Before initiating any formal legal or arbitration proceeding, you agree to first attempt to resolve the dispute informally. You must send a written notice to SyncMate at [email protected] describing the nature of the dispute and the relief you seek. SyncMate will use reasonable efforts to respond and attempt to resolve the matter within thirty (30) calendar days of receiving your notice. If the dispute is not resolved within 30 days, either party may initiate the formal dispute resolution process described below.
Binding Arbitration. Subject to the exceptions stated below, you and SyncMate agree to resolve any disputes arising from or relating to these Terms or the App through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in any court. You and SyncMate each waive the right to a jury trial and the right to participate in any class action, collective action, or representative proceeding.
- Location. Arbitration shall take place in San Francisco County, California, unless the parties mutually agree to a different location or to conduct the arbitration by telephone or videoconference.
- Fees. AAA Consumer Arbitration Rules govern the allocation of arbitration fees. For disputes where you seek less than $10,000, SyncMate will pay all filing, administrative, and arbitrator fees unless the arbitrator finds your claim frivolous or brought in bad faith.
- Award. The arbitrator may award the same damages and relief that a court could award, subject to the limitations set forth in these Terms. The arbitrator's decision shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction.
Exceptions to Arbitration. Either party may bring an individual action in small claims court for disputes within that court's jurisdiction. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights without first submitting to arbitration.
Class Action Waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND SYNCMATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If this class action waiver is found unenforceable, then the arbitration clause will be null and void for that specific dispute, which shall proceed in court under the governing law specified above.
Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by the modification or severance of the invalid provision.
Waiver. SyncMate's failure to enforce any provision of these Terms shall not constitute a waiver of SyncMate's right to enforce that provision in the future. No waiver of any provision shall be effective unless made in writing and signed by an authorized representative of SyncMate.
Entire Agreement. These Terms of Use, together with the Privacy Policy (available at syncmateapp.com/privacy), constitute the entire agreement between you and SyncMate regarding your use of the App, and supersede all prior and contemporaneous agreements, understandings, representations, and warranties relating to the App.
Changes to These Terms
SyncMate reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. We may also provide additional notice through the App or by other means as appropriate.
Your continued use of the App after the effective date of any revised Terms constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must immediately cease using the App and uninstall it from your devices.
We encourage you to review these Terms periodically so that you are aware of any changes.
Contact
If you have questions, concerns, or feedback about these Terms of Use, please contact us:
Email: [email protected]
We aim to respond to all inquiries within 5 business days.