Hormone Helper End User License Agreement (EULA)

Effective Date: July 13, 2024

This End User License Agreement (Agreement) is a binding agreement between you (End User or "you") and Hormone Helper ("Company," "we," or "us"). This Agreement governs your use of the Hormone Helper mobile application (the "App")."

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE APP. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION, INCLUDING A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.

1. Acceptance of Terms

By downloading, installing, or using the App, you:

(a) Acknowledge that you have read and understand this Agreement

(b) Represent that you are at least 18 years old

If you do not agree to these terms, do not download, install, or use the App.

2. License Grant

Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial purposes on a single mobile device owned or controlled by you.")

3. Restrictions on Use

You shall not:

(a) Copy, modify, or create derivative works of the App or any part thereof;\n(b) Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;\n(c) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App or any features or functionality of the App to any third party for any reason

(d) Remove, alter, or obscure any proprietary notices (including copyright notices) on the App

(e) Use the App for any unlawful purpose or in violation of any applicable local, state, national, or international law

(f) Use the App in any way that could damage, disable, overburden, or impair the App or interfere with any other party's use of the App.

(g) Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App

(h) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the App or any server, network, or database connected to the App

(i) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.

4. User Content

You are solely responsible for any content you submit, post, or display through the App "User Content. By providing User Content, you grant Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the App and Company's business operations.

You represent and warrant that:

(a) You own or control all rights in and to your User Content and have the right to grant the license granted above

(b) Your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity

c) Your User Content does not contain any material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner

(d) Your User Content does not violate any applicable law, regulation, or rule

(e) Your User Content does not contain any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law.

5. Disclaimer of Medical Advice

THE APP IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE CONTENT PROVIDED THROUGH THE APP, INCLUDING ALL TEXT, GRAPHICS, IMAGES, AND OTHER MATERIAL, IS FOR INFORMATIONAL PURPOSES ONLY.

5.1 No Medical Advice: The App does not offer medical advice or replace the need for services or advice from qualified medical professionals. The content provided through the App is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment, and never disregard professional medical advice or delay in seeking it because of something you have read or seen on the App.

5.2 No Doctor-Patient Relationship: Use of the App does not create a doctor-patient relationship between you and the Company or any of its employees, contractors, or affiliates.

5.3 Emergency Situations: If you think you may have a medical emergency, call your doctor or local emergency services immediately. Do not rely on the App for emergency medical needs.

5.4 Individual Circumstances: The information provided through the App is general in nature and may not be suitable for your specific circumstances. Medical information changes rapidly, and we cannot guarantee that all information provided through the App is complete, accurate, or up-to-date.

5.5 User Responsibility: You are solely responsible for any decisions or actions you take based on the information provided through the App. The Company is not responsible for any health problems or medical conditions that may result from your use of the App or the information it provides.

5.6 Consultation with Healthcare Providers: Before starting, changing, or stopping any treatment or medication regimen, you should always consult with a qualified healthcare provider. Do not use the App as a substitute for consultations with qualified healthcare professionals who are familiar with your individual medical history and circumstances.

BY USING THE APP, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS OR MEDICAL CONDITIONS THAT MAY RESULT FROM YOUR USE OF THE APP OR THE INFORMATION IT PROVIDES. YOU AGREE TO USE THE APP AT YOUR OWN RISK AND TO CONSULT WITH QUALIFIED HEALTHCARE PROVIDERS FOR ANY MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

6. Privacy

Your use of the App is subject to our Privacy Policy, which is incorporated into this Agreement by reference. By using the App, you agree that you have read, understood, and consent to the data practices described in the Privacy Policy.

7. Third-Party Services

The App may contain links to or integrations with third-party websites, services, or content that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party sites, services, or content. If you access any third-party website, service, or content from the App, you do so at your own risk and agree that Company will have no liability arising from your use of or access to any third-party website, service, or content.

8. Updates and Modifications

Company reserves the right to modify, suspend, or discontinue the App or any part thereof at any time without notice. We may also impose limits on certain features and services or restrict your access to parts or all of the App without notice or liability. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or any part thereof.

9. Termination

This Agreement is effective until terminated by you or Company. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any of its terms. Company may, in its sole discretion, terminate this Agreement and your access to all or part of the App at any time and for any reason, without notice and without any liability to you.

Upon termination:

(a) All rights granted to you under this Agreement will terminate

(b) You must cease all use of the App and delete all copies of the App from your devices

10. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND “AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Company makes no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Company makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content on the App.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(a) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE APP

(b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP

(d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

(e) ANY MEDICAL DECISIONS MADE BASED ON INFORMATION PROVIDED BY THE APP WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY, IF ANY, FOR ACCESSING OR USING THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to:

(a) Your use of the App

(b) Your User Content

(d) Your violation of applicable laws or regulations

(e) Any claim that your User Content caused damage to a third party

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

13. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the federal or state courts located in the State of Oregon, and you hereby consent to the personal jurisdiction and venue therein.

14. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS BETWEEN YOU AND COMPANY ARE RESOLVED.

14.1 Agreement to Arbitrate: You and Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the App (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

14.2 Arbitration Rules: The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. The arbitration will be conducted in the State of Oregon, unless you and Company agree otherwise.

14.3 Arbitrator's Powers: The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

14.4 Class Action Waiver: YOU AND COMPANY 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14.5 Costs of Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

14.6 Opt-Out: You can choose to reject this agreement to arbitrate ("opt out") by mailing us a written opt-out notice ("Opt-Out Notice"). The Opt-Out Notice must be emailed no later than 30 days after the date you accept this Agreement for the first time. You must mail the Opt-Out Notice to hormonehelperapp@gmail.com

15. Miscellaneous

15.1 Entire Agreement: This Agreement, our Privacy Policy, and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Company regarding your use of the App, and supersede and replace any and all prior oral or written understandings or agreements between you and Company regarding your use of the App.\n\n15.2 Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

15.3 Severability: If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

15.4 Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Company without restriction.

15.5 Notices: Any notices or other communications provided by Company under this Agreement, including those regarding modifications to this Agreement, will be given:

(a) via email

(b) by posting to the App.

For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

15.6 Contact Information: If you have any questions about this Agreement, please contact us at hormonehelperapp@gmail.com.

16. Acknowledgment

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.