TERMS OF SERVICE
Last Updated August 1, 2019
TERMS OF SERVICE
CALENDHER TECHNOLOGIES CORP. (“Calendher” or “We”) OWNS AND OPERATES THE WEBSITES LOCATED AT www.Flöka.co and www.calendher.co (“WEBSITE”) AND THE FLÖKA MOBILE APPLICATION (THE “FLÖKA APP”, or THE “FLÖKA APP”). THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE WEBSITE AND FLÖKA APP, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD AND / OR USE THE CALENDHER APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
BY USING THIS WEBSITE, THE FLÖKA APP AND/OR THE SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE WEBSITE OR SERVICES. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY CALENDHER FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE AND / OR THE CALENDHER APP FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF SERVICE.
1. The Services: The Flöka service uses a machine-based learning software that helps women track their menstrual cycle and other health-related data and makes personalized suggestions for activities, vitamins, nutritional supplements, fitness, sleep, cognition, mood and skin care products, among other things (the “Software Service”); we also ship products (“Products”) to users who subscribe to our box service or otherwise purchase Products through the Flöka App to complement the suggestions provided by the Flöka App (collectively, the Software Service, App, Website and related services are the “Services”).
2. DISCLAIMER: Any information or materials provided by the Website, Flöka App and Services, including but not limited to product or other recommendations, wellness or lifestyle suggestions as well as other analytics, are for information purposes only and do not constitute medical advice of any kind. There is no guarantee that any of the information provided by the Website or Flöka App will be applicable to you and Calendher does not make any representations or warranties about the effectiveness of any of the information and materials provided by the Website, Flöka App or Services. It is your responsibility to ensure that any products recommended or sold are safe for you. You should consult a physician for any and all health advice. Calendher expressly disclaims any and all liability or responsibility for any loss, harm, injury to person or property, illness, damage or any other claim arising as a result of your reliance on the information and material provided by the Website, Flöka App and Services.
3. App Services Subscriptions: Use of the Software Service through the App is based on a monthly or annual subscription model (each a “Subscription Term”), payable in advance in the form of monthly or annual subscription fee payable through ApplePay,. For more information on our current Subscription Fees, please see Flöka.ca. We may make available trial subscriptions of the Software Service with purchase of Products.
4. Subscription Fees: Calendher will notify you in advance of changes to the monthly or annual Subscription Fees and will require your consent to the updated Terms of Service, which will be posted on the Website, and which you will be required to agree to prior to using the Services. Currently, all subscriptions and payments are managed by Apple. To make changes to your subscription, visit your Apple billing account. Apple’s policy does not offer refunds on subscription purchases.
6. Products and Product Descriptions. Products and services recommended by and available through the Services are supplied by third party manufacturers or service providers and Calendher is not liable for any errors, misrepresentations or damage caused by products supplied by such third-party manufacturers and service providers. Calendher makes every effort to display as accurately as possible all personalized suggestions on the Services. However, Calendher does not warrant that product descriptions or other content of the Services are accurate, complete, reliable, current, or error-free. If a product offered by Calendher through the Services is not as described, please contact our customer service department at firstname.lastname@example.org .
7. Shipping and Risk of Loss. All items purchased through Calendher are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
8. Returns and Exchanges. In the event that you are not completely satisfied with the Products you receive from Calendher, you may return any item from your monthly shipment, or the entire monthly shipment, for equivalent account credit. You are responsible for the return shipping. A shipping label is available upon request from Calendher. All items must be returned in unopened, unused, or unworn condition (as applicable), with no damage or visible signs of use or wear. Items must be returned within 60 days from when the order was shipped through tracking number information, as denoted by Canada Post or any other carrier used by Calendher from time to time. Defective products may be returned within 90 days for equivalent account credit.
9. Cancellation. You may cancel your subscription to the Services or Flökabox at any time before the end of the applicable billing cycle (whether monthly or annual) and the cancellation will apply to the next period. For example, if you have selected a monthly subscription, you may cancel that subscription at any time during the current month of that subscription, and the subscription will be cancelled as of the following month. You will not be entitled to a refund for the current billing period except in the event of a defective product that is returned as set out in Section 7 – Returns and Exchanges above. Cancelling for all software subscription and premiums services are currently managed by Apple, in accordance with their rules.
11. Content: All information, data, text or other materials provided by users (“User Content”), is the sole responsibility of such users. This means that the user and not Calendher is entirely responsible for all User Content uploaded, posted, emailed, transmitted or otherwise made available by using the Website and / or the Flöka App. Calendher does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of the User Content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Calendher be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials (including but not limited to User Content) or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials (including but not limited to User Content) posted, emailed, transmitted or otherwise made available via the Service.
12. Restrictions on User Content and Use of the Service: Calendher shall have the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. In using the Services, Flöka App and the Website, You shall not:
copy any content unless expressly permitted to do so herein, pursuant to these Terms of Service;
upload, post, email, transmit or otherwise make available any material that:
is unlawful or invasive of another's privacy;
You do not have a right to make available under any law or under a contractual relationship;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a anyone’s privacy; or
contains any falsehoods or misrepresentations or creates an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way.
impersonate any person or entity or misrepresent their affiliation with a person or entity;
interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state, provincial, national or international law or regulation;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; or
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Services (including, without limitation, the Flöka App and Website), except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Services in a manner that utilizes the resources of the Services more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
13. License of Content: By submitting, posting or displaying User Content on or through the Service, you grant Calendher (and our affiliated companies and our and their agents) a non-exclusive, royalty-free paid-up, perpetual, irrevocable, transferable, worldwide license (with the right to sublicense) to use, copy, modify, transmit, display, distribute and otherwise exploit such User Content. Calendher will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted on these Terms of Service to any User Content that you submit.
15. Feedback: If you provide Calendher with any suggestions, comments or other feedback relating to any aspect of the Services (including, without limitation, the Calendher App and Website) ("Feedback"), Calendher may use such Feedback in the Services or in any other Calendher products or services (collectively, "Calendher Offerings"). Accordingly, you agree that: (a) Calendher is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Calendher, (c) Calendher (including all of its successors and assigns and any successors and assigns of any of the Calendher Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Calendher Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Calendher or any of the other users of the Services in respect of the Feedback.
16. Advertising. You acknowledge and agree that the Services may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Services, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Calendher shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Services and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Service. It is your responsibility to ascertain whether any information or materials downloaded from the Services are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
17. Links & Third-Party Websites. The Services (including User Content) may contain links to other websites that are not owned or controlled by Calendher. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Calendher of that third party, third party product or service. Calendher is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Services are subject to the terms and conditions and privacy policies of those websites and / or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Services of a link to any other website(s) does not imply that Calendher endorses or accepts any responsibility for the content or use of such websites, and You hereby release Calendher from all liability and or damages that may arise from Your use of such websites or receipt of services from any such websites.
18. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS: THE WEBSITE, FLOCKA APP AND SERVICES AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." CALENDHER SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL . CALENDHER PROVIDES ONLY PRODUCT AND SERVICE RECOMMENDATIONS AND DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE SERVICES OR FEATURED IN ANY ADVERTISING ON THE SERVICES. CALENDHER SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. CALENDHER NOT LIABLE FOR MEDICAL RECOMMENDATIONS, AND IS NOTSUBSTITUTE FOR MEDICAL ADVICE. IT IS TO BE USED IN COLLABORATION WITH YOUR MEDICAL PROFESSIONAL.
19. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL CALENDHER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE CALENDHER APP AND WEBSITE); (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS IN THE SERVICE, (IV) PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICES OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SERVICES OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF CALENDHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CALENDHER’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) FIFTY CDN DOLLARS ($50) OR B) AMOUNTS YOU’VE PAID CALENDHER IN THE PRIOR 12 MONTHS (IF ANY) IN RESPECT OF (i) ANY RESERVATION FEE PAID OR (ii) SUBSCRIPTION FEES PAYABE FOR THE SUBSCRIPTION TERM FOR WHICH YOU HAVE AGREED TO USE THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
20. INDEMNIFICATION: YOU SHALL INDEMNIFY AND HOLD CALENDHER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY
21. Termination: Calendher may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to: breaches or violations of these Terms of Service or any other agreement that You may have with Calendher (including, without limitation, non-payment of any fees owed in connection with the Services or otherwise owed by you to Calendher); requests by law enforcement or other government agencies; a request by you; discontinuance or material modification to the website (or any part thereof); unexpected technical, security or legal issues or problems; and/or participation by you, directly or indirectly, in fraudulent or illegal activities.
Termination of your access to the Services may also include removal of some or all of the materials uploaded by you to the Services. You acknowledge and agree that all terminations may be made by Calendher in its sole discretion and that Calendher shall not be liable to you or any third-party for any termination of your access to the Services or for the removal of any of the materials uploaded by you to the Service. Any termination of these Terms of Service by Calendher shall be in addition to any and all other rights and remedies that Calendher may have.
22. Availability & Updates: Calendher may alter, suspend, or discontinue the Services at any time and for any reason or no reason, without notice. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Calendher may periodically add or update the information and materials on the Services without notice.
23. Security: Information sent or received over the Internet is generally unsecure and Calendher cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the account password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your account password secure. Calendher will not be liable for any loss or damage arising from your failure to comply with these requirements. As set out in Section 5 – Billing, Payment and Credit Card Information, Calendher uses third-party payment providers and does not collect or store credit card or payment information. As such your credit card and payment information is subject to the terms and policies of such third parties, which you should review carefully.
24. Apple Terms: The following applies to any Flöka App you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Calendher, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Calendher as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Calendher as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, Calendher, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Calendher acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.
It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website or Service, please contact us at: email@example.com