Terms and Conditions

Terms and Conditions for use of embracehealthtracking.com and the Embrace Health Tracking app

Welcome to Embrace Health Tracking.

 

These Terms and Conditions are effective as of December 15, 2021.

These terms and conditions (the "Terms and Conditions") govern the use of www.EmbraceHealthTracking.com and the Embrace Health Tracking App (the "Platform"). This Platform is owned and operated by Embrace Health Tracking Inc. This Platform is a digital health tracking app, supported by a website.

By using this Platform, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Important Notices


Warning- In order to deliver on our promise of privacy, the personal health information you enter stays on your device and not our servers (except where indicated).  This means that if you delete the Embrace Health Tracking app, discontinue your membership level, lose your device, etc. without properly backing up your data, it will be lost.  All users are cautioned to ensure they have backed-up their important health information in a secondary manner appropriate to their personal circumstances.  Embrace Health Tracking and its associates take no responsibility for the loss of personal data arising out of misuse or misunderstanding of its practices. 

The Period Tracker is not to be used for family planning or contraceptive purposes. 

Intellectual Property


All content published and made available on our Platform is the property of Embrace Health Tracking Inc. and the Platform's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Platform.

 

Age Restrictions


The minimum age to use our Platform is 16 years old. By using this Platform, users agree that they are over 16 years old. We do not assume any legal responsibility for false statements about age.

 

Acceptable Use


As a user of our Platform, you agree to use our Platform legally, not to use our Platform for illegal purposes, and:

  • Will not violate any local, state, provincial, national, or other law or regulation, or any order of a court

  • Will not infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights

  • Will not interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology

  • Will not use automated scripts to collect information or otherwise interact with the Services or the Website

  • Will not enter into this agreement on behalf of another person or entity without consent or the legal capacity to make such agreements as a representative of an organization or entity

  • Will not track, upload, or record the personal information of any person, including any family member, except where you have the ongoing legal authority and/or consent to do so

  • Will not upload photos, media, or descriptions that show a person's face or that otherwise would allow for the photo to identify a specific person

  • Will not upload photos, media, or descriptions that show a person's genital area, in whole or in part. 

  • Will not upload photos, media, or descriptions that show a person's breasts or buttocks. 

  • Will only upload the initials of family members or pets when "Adding a family member" to your account, or other suitable description that does not reflect the person's actual name.

  • Will only upload photos, media, and descriptions that are non-identifiable.  This also includes the words you use while describing people, symptoms, incidents, experiences, clinics, locations, etc.

  • Will understand that Embrace does not view, review, or retrieve your personal information, so there are no means to confirm your adherence to the requirement to upload only non-identifiable information.  You remain solely responsible to ensure that any data you input is non-identifiable. 

  • Will understand that no information stored on the internet is 100% secure, and you certify that any information you upload is not compromising in any way, shape, or form, and is completely non-identifiable. 

  • Wil nor harass or mistreat other users of our Platform;

  • Will not violate the rights of other users of our Platform;

  • Will not violate the intellectual property rights of the Site owners or any third party to the Platform;

  • Will not hack into the account of another user of the Platform;

  • Will not act in any way that could be considered fraudulent;

  • Will not post any material that may be deemed inappropriate or offensive; or

  • Will not use our services other than for personal use.

  • Will not access or attempt to access the administration portals for companies / organizations, except when provided credentials as a company administrator. 

 

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts


When you create an account on our Platform, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Platform illegally or if you violate these Terms and Conditions.

Sale of Goods And Services


These Terms and Conditions govern the sale of goods and services available on our Platform:

The following services are available on our Platform:

  • Membership subscription.

The services will be paid for in full when the services are ordered.

 

These Terms and Conditions apply to all the goods and services that are displayed on our Platform at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Platform at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Subscriptions


Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription. For individual in-app subscription, services can be cancelled at any time without refund. For corporate or enterprise subscriptions, cancellation terms vary based on the contract signed.

To cancel your subscription, please follow these steps: 

For subscriptions purchased through an App Store or Play Store (or similar): Follow that platform's established procedures for cancelling a subscription.

For corporate / enterprise accounts, contact your Embrace Health Tracking Inc. representative. 

Intellectual Property

All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this Website, or within the Services, are the sole property of Embrace Health Tracking.

Unauthorized use of any materials contained on this Website or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party's rights, please contact Embrace Health Tracking immediately at info@embracehealthtracking.com.

Members and non-members who assist in the development of trackers and their content do so willingly without entitlement to compensation.  Any such information-sharing, ideas, and suggestions, arising due to relationships associated with Embrace Health Tracking, may become part of the website and provided to others, either for free or at a fee.  Embrace Health Tracking is deemed to own all such information and shall be deemed free to use said information at its discretion; this includes, but is not limited to, information gathered in the preparation trackers where users paid for custom development. 

 

 

Additional Clauses


The period tracker is not to be used for family planning purposes and is NOT an effective means of contraception.

Since, for most users, data is stored on their devices, deletion of the Embrace Health Tracking app will also cause deletion of all entered information.  This information is not able to be retrieved because it is not stored on any server, only on the user's device. Users should exercise caution accordingly and ensure to safeguard any data they wish to maintain.

 

Payments


We accept the following payment methods on our Site:

  • Credit Card.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Any in-app purchases are processed by the associated Platform.  For example, purchases on Apple devices are processed by Apple on the App Store.

Consumer Protection Law


Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites


Our Platform contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Platform. It is your responsibility to read the terms and conditions and privacy policies of these third parties before using their offerings.

Limitation of Liability


Embrace Health Tracking Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Platform.

Indemnity


Except where prohibited by law, by using this Platform you indemnify and hold harmless Embrace Health Tracking Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Platform or your violation of these Terms and Conditions.

Applicable Law


These Terms and Conditions are governed by the laws of the Province of Ontario.

Severability


If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes


These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Platform and the way we expect users to behave on our Platform. We will notify users by email of changes to these Terms and Conditions or post a notice on our Platform.

Contact Details


Please contact us if you have any questions or concerns: info@embracehealthtracking.com.