MY CALENDAR - PERIOD TRACKER

TERMS OF SERVICE

Effective date: Oct 1, 2024

Last Updated Oct 1, 2024

These Terms of Service (the "Terms") are developed and maintained by AppManage Group #1, LLC d/b/a Simple Innovation ("Company", "we", "us" or "our") and are a binding agreement between you and the Company. Together with the My Calendar - Period Tracker Privacy Policy, the Terms govern your use of the My Calendar - Period Tracker application and related services (the "App"). By accessing and using the App, you:

  • Acknowledge you have read, understand, accept and agree to be bound by these Terms, and

  • Acknowledge you have read and understand the My Calendar - Period Tracker Privacy Policy. This Privacy Policy explains how we, our advertising partners, and our analytics providers collect, use, and share your information.

If you don't agree to these terms, don't use the app. If you've installed the app, uninstall it. You can't install, copy, use or transfer the App without agreeing to these Terms.

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THEY CONTAIN PROCEDURES FOR MANDATORY, BINDING ARBITRATION AND A CLASS ACTION WAIVER BELOW. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE APP

1. The App is for Informational Purposes Only

The information provided by the App does not replace professional medical advice, diagnosis, or treatment. Do not use the App as a substitute for professional healthcare advice. Always consult your physician, who is familiar with your medical history and health, for any medical emergencies or questions regarding a health condition. Any reliance on information obtained through the use of this App is strictly at your own risk.

2. Changes to Terms or Services

We may modify the Terms at any time. Please periodically review this page to check for updates and refer to the "last updated" date at the top of the page to determine if there have been changes since your previous visit. If we make any substantial changes to these Terms of Service, we will notify you accordingly. If you do not agree to the changes, you should stop using the App.

3. Creating and Maintaining Your Account

In order to use certain fee-based services in the App, like the backup service, you may need to create an account ("Account"). You are solely responsible for all activity under your Account. Do not share your Account details or use someone else’s Account or registration details for the App without their permission. Likewise, your Account should not be used by anyone else without your consent. It is your responsibility to keep your Account and password secure. Any issues arising from your failure to keep your Account secure are your responsibility. Never publish, distribute, or post login details for your Account.


We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if we believe you have breached these Terms. You can delete your Account at any time by contacting us at feedback@period-tracker.com. If you believe your Account or the App is compromised, please contact us at feedback@period-tracker.com.  

4. Your Use of the App

You are permitted to access and use the App only as we allow, for personal use, and not for any inappropriate or illegal purposes. The App may include third-party code. Any third-party scripts or code, linked to or referenced from the App, are licensed to you by the third parties that own such code, not by us. Notices, if any, for the third-party code are included for your information only.

We may update the App from time to time, though we are under no obligation to make such updates. We reserve all rights to the App not expressly granted by us, whether by implication, estoppel, or otherwise.   

5. Prohibited Conduct

You agree not to engage in the following activities:

  • Use the App in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the App, including any technological measures we use to enforce these Terms. 

  • Breach, test, or try to circumvent any security or rights management features of the App, or gain unauthorized access to the App or other users' Accounts.

  • Remove, modify, or conceal any copyright, trademark, or other intellectual property notices in the App .

  • Use any automated methods like robots or scripts to access, retrieve, scrape, or index any part of the App, or to disrupt or overload the Apps’ operations.

  • Reformat or frame any part of the web pages within the App.

  • Conduct that prevents others from using the App or exposes us or others to harm or liability, as determined by us.

You can stop all collection of personal information by the App by uninstalling it, using the standard uninstallation methods available on your mobile device or through the App platform. If we determine that you have acted inappropriately, we reserve the right to terminate your Account, take appropriate legal action, and prohibit you from using the App. 

6. Premium Services

You may use a free version of the App, which is supported by advertising, or you may use a version of the App that is subject to a subscription fee. My Calendar - Period Tracker App also includes options for enhanced functionality and additional features, known as My Calendar Premium and other Premium Features. Paid features are available either through a subscription model or as a one-time purchase. You can view the benefits of the My Calendar Premium subscription on the Subscription Screen within the App. The features included may vary over time as we introduce new functionalities, enhance current offerings, and occasionally discontinue features. The current pricing is displayed in the relevant app store (Apple App Store or Google Play Store) and on the in-app purchase screen that appears before you complete your transaction.

For subscriptions, you will be billed once each subscription period (such as monthly or annually). These subscriptions are recurring and will continue to renew automatically at the end of each period unless they are canceled by either you or us, auto-renewal is turned off, or a new agreement is made with a different initial term. For recurring subscriptions, you have the option to cancel at least 24 hours prior to the end of the current subscription period.

7. Adjustments to Fees and Charges

We reserve the right to modify, introduce, or adjust fees and charges for any of our Services at any time, according to our own discretion. We may also change or eliminate any existing pricing models as needed.

8. Cancellations by Company

Your access to the App may be suspended or terminated by us if you commit fraud or violate any of the obligations set forth in these Terms. Such termination or suspension may occur immediately and without prior notice. Violations include, but are not limited to, unauthorized access to another user’s Account or copying or downloading content from the App.

9. Intellectual Property Rights

Except as specifically allowed under these Terms, all rights, titles, and interests in the App, including but not limited to all technology, processes, modifications, trademarks, service marks, site design, text, video, graphics, logos, images, icons, and their arrangements, are reserved and retained by us. You acknowledge that the App includes proprietary content and materials protected under intellectual property and other laws, including copyright and trademark laws. You agree that using the App does not grant you any ownership of intellectual property rights in our App or the right to use any of our intellectual property except as explicitly permitted by these Terms or our prior written consent. Unauthorized use of any content or materials on the App is strictly prohibited and constitutes a violation of intellectual property laws and potentially other laws.

You acknowledge that you do not acquire any ownership interest in the App under these Terms. All rights related to the use of the App’s intellectual property shall be governed exclusively by a separate Licensing Partner Agreement. No rights, licenses, or permissions are granted or implied under these Terms.

For inquiries about obtaining permission to use the App beyond what is allowed by these Terms, please contact us at feedback@period-tracker.com.

10. Service Availability

While we strive to provide the highest quality service, we cannot guarantee that the App will always meet your requirements or be error-free. If you encounter any issues with our App, please report them to us at feedback@period-tracker.com. We will assess your complaint and, if deemed appropriate, address the issue. Please note that we are not liable for time periods when the App may be unavailable.

Your access to the App may occasionally be limited to allow for repairs, maintenance, or the introduction of new features or services. We will make every effort to restore access as quickly as possible.

11. Third-party Sites, Services, and Apps 

For your convenience, the App may contain links to sites, services, and apps that are not under our control. Your use of such sites, services, and apps is at your own risk and subject to different terms and conditions, as well as different privacy practices, which we encourage you to review carefully. 

12. WARRANTIES

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE APP. YOU UNDERSTAND THAT USE OF THE APP IS AT YOUR OWN RISK. WE PROVIDE THE APP ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." WE DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE APP. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. THESE TERMS DO NOT AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT APPS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION TO OR FROM THE APP.

13. Indemnity

You agree to defend, indemnify, and hold harmless the Company and its licensees and licensors, and their employees, contractors, agents, officers, and directors from any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses arising from your use of and access to the App, including any data or content transmitted or received by you.

14. Limitation of Liability

You assume all risks associated with using the App and its content. The Company and its partners are not responsible for any outcomes related to your use of or reliance on any product or service available through any My Calendar - Period Tracker app. Specifically, the Company is exempt from liability for any direct, indirect, special, incidental, punitive, or consequential damages under any legal theory. This exemption includes, but is not limited to, losses of profits, business interruptions, loss of data, failure to conceive or deliver, inability to predict your cycles, any information or advice provided on our site or in any My Calendar - Period Tracker App, or any issues related to your relationships with a spouse, partner, or third party, regardless of whether these are due to breach of contract, warranty, tort, product liability, or any other legal reason. The App comes with these limitations; if you do not agree to them, you should not use the App.

If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover from us direct damages not to exceed one hundred dollars ($100.) You cannot recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to any claims related to these Terms and/or your use of the App.

15. BINDING ARBITRATION AND APPLICABLE LAW

PLEASE READ THIS CAREFULLY. IT IS PART OF YOUR AGREEMENT WITH US AND AFFECTS YOUR RIGHTS AS IT CONTAINS PROCEDURES FOR MANDATORY, BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Any and all disputes between you and the Company arising under or related in any way to these Terms or your use of the App must be resolved through binding arbitration as described in this section.

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. THIS AGREEMENT TO ARBITRATE MUST BE INTERPRETED BROADLY.

The Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this section, will govern the arbitration. For any claim where the total amount of the award sought is $10,000.00 or less, we agree to the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

If the claim exceeds $10,000.00, the AAA rules will determine the right to a hearing, and the hearing (if any) must take place in Multnomah County, Oregon, USA. We agree that the arbitrator’s ruling is binding and either party may enter such ruling as a judgment in any court of competent jurisdiction. In the event a court has deemed this agreement to arbitrate unenforceable, we agree to bring disputes to state or federal courts located in Multnomah County, Oregon, USA. We will bring claims of infringement or misappropriation of our patents, copyrights, trademarks, or trade secrets exclusively in the state and federal courts located in Multnomah County, Oregon, USA.

The laws of the State of Oregon govern your use of the App.

16. FEEDBACK

You agree that any comments, suggestions, ideas, notes, drawings, concepts, or other information you share with us through the App or otherwise is non-confidential and non-proprietary. You hereby grant the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, create derivative works of, and otherwise commercially exploit any comments, suggestions, ideas, notes, drawings, concepts, or other information, including feedback, that you share through the App or that you otherwise communicate to us.

17. SECURITY

To learn more about our security practices, please review the My Calendar - Period Tracker Privacy Policy. While we try to maintain the security of the App, we do not guarantee that the App will be secure. Additionally, third parties may make unauthorized alterations to or breaches of the App, including Accounts. If you become aware of any unauthorized third-party alterations to or use of the App or any other breach of security, please contact us immediately.

18. TERMINATION

Unless prohibited by law, you acknowledge and agree that the Company, in its sole discretion, may terminate your access to the App for any reason, in addition to all other rights and remedies the Company may have at law and in equity. Regardless of the cause or basis for the termination, you agree that the Company shall not be liable to you or any third party for termination of your access, and, unless required by law, we will not be required to make information you have provided us through your use of the App (if any) available to you upon such termination. You are not entitled to compensation or damages of any kind as a result of the termination. Accessing the App, or using the software, after such termination will constitute an act of trespass, among other potential claims. 

19. MISCELLANEOUS

These Terms do not create any partnership, joint venture, employer-employee, broker-dealer, agency, or franchise relationship between you and us. No waiver or failure to assert any provision of the Terms will be valid unless in writing and signed by the waiving party. No waiver of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign our rights and duties under these Terms to any party, at any time, and without notice to you, unless otherwise expressly stated in these Terms or required by law. These Terms constitute the entire agreement between you and us relating to your use of the App and supersede all prior or contemporaneous written or oral agreements or understandings between us relating to such subject matter. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by us with respect to such use. We reserve all rights not expressly granted in these Terms.

20. Notices

Unless otherwise set forth in these Terms, notices to you may be made via postings to the App and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the App.

Contact Information

If you have any questions or concerns about our Terms of Service, please contact us at feedback@period-tracker.com.

AppManage Group #1, LLC

15127 NE 24th  Street, Ste 132

Redmond, WA 98052