Last updated: 29th February 2024

 

1. GENERAL

 

1.1 Introduction

These terms and conditions (hereinafter ‘Terms’) are applicable to all services and documentation provided by Hormona, including through the Hormona App (hereinafter ‘App’) and the Hormona website www.hormona.io, (‘Hormona Services’) to our customers (hereinafter ‘you’).

 

1.2 About us

The Hormona Services are owned and operated by Wlness Science LTD, located at The Old Rectory, Church Street, Weybridge, Surrey, England. KT13 8DE (12944590), and our subsidiary Wlness Science Sweden AB, located at Birger Jarlsgatan 57 C 113 56 Stockholm (559440-1019), hereinafter referred to as ‘Hormona’,  ‘we’, ‘our’.

You may contact us by email on hello@hormona.io (‘Contact Information’)

 

1.3 Agreeing to the Terms

Please read these Terms, along with the privacy policy and cookie policy carefully before using the Hormona Services. By downloading our app, and creating an account, or using our services, you agree to be bound by these Terms. If you do not agree, do not create an account or use our services. This is a legally binding contract.

You must be at least eighteen (18) years old to accept these Terms and use our services, whether on your own behalf or on behalf of another user. If a minor (individual below the age stated above) uses our services, we provide such on the basis of the deemed consent of their parent or legal guardian, both to these Terms and to the use of our services. Such consent is obtained when an account is created prior to use of the functions. The parent or guardian takes full responsibility for the minor’s use of Hormona’s services.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not immediately insist that you agree, you are required to do so under these terms. If we delay in taking steps against you in respect of your breaking this contract, you must still adhere to the conditions for breach of this contract, and it will not prevent us from taking steps against you at a later date. These terms are governed by English Law and you can bring legal proceedings in respect of the products in the English courts.

Each section of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections apply.

 

1.4 Changes to the Terms

Please note that these Terms may be updated or amended from time to time. It is your responsibility to check these Terms periodically for changes. 

You will be notified via email or the app regarding non-minor changes which may affect you. We will inform you that it is important to object if you do not approve of the changes.

 If we do not get such an objection within thirty (30) days after change(s) have been communicated, your approval will be assumed. We will also assume that you accept the changes where you enter into an agreement for the services with us, by, for example, continuing to use Hormona Services after the new conditions have been released.

The most current version will be posted on our app and website, with an indication of when it has been last updated.

 

1.5 Intellectual Property Rights

All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights in the Hormona Services made available throughout the world belong to us. The rights in the App and Services are licenced to you. You have no intellectual property rights in, or to, the App or Services other than the right to use them in accordance with these Terms.

You may not use our exclusive property for commercial or any other purposes without our written consent. 

 

1.6 Definitions

‘Account’ means the account that you register and create in the Hormona App.

‘App’ means the Hormona App, accessible via a smartphone device.

‘Functions’ mean our website, app, your account and services, jointly.

‘Privacy Policy’ means our Privacy Policy which describes how we collect, process and store your personal data.

‘Services’ means the services described under the section ‘Services’ below, which have been made available through the website, and our app, along with any such other related goods, equipment, services and information made available to you.

‘Subscription’ means the regular purchase of services over a fixed period of time for a specific fee.

 

2. SERVICES

 

2.1 Description of the Services

Our services are designed to provide general information about women’s health and hormone health, and related topics. The app collects the data you enter, for example on menstrual cycles, physical activities, symptoms, and other data about the body. These data allow statistical and algorithmic data processing that can show you patterns in your menstrual cycle.

Our app is for self-management, meaning the services are based on the data you provide, so the information and analysis available in the app depends on the amount and accuracy of the input you choose to provide.

The Hormona Services provide information for general health and wellbeing purposes only. For medical advice that addresses your specific, individual needs, please always consult a qualified medical healthcare professional.

When using Hormona Services, you agree to use the respective service only for the intended purposes as described in these Terms.

In order to provide our services, we reserve the right to display advertisements on our website and in our app.

 

2.2 Downloading our App

The App can be acquired free of charge from the relevant app store (iOS Apple App Store, or Android Google Play Store). In the app, we offer some functions and content free of charge (hereinafter ‘Hormona Freemium’), while access to more extensive functions and content is paid for (hereinafter ‘Hormona Plus’). You can purchase paid services, such as Hormona Plus from within the App.

 

2.3 Creating an Account

Hormona exists as an online service only. To use our services, you need to create an account. This requires acceptance of these Terms, to process data in accordance with our Privacy Policy, including all documents, declarations and consents included therein by reference.

Furthermore, you will need to provide a username, email address and a personalised password (at least eight (8) Characters, one (1) letter and one (1) number). Other information can be provided as part of onboarding in order to personalise your Hormona experience. Your account creation is completed when you click on the link in the confirmation email sent to your email address, confirming your account. 

Alternatively, you can create an account using your Apple or Google login details, which automatically transfers your relevant personal information. 

You are not allowed to transfer your account to others, and you may only sign up to one (1) account.

We use anonymised information from your usage of our Services so that we can continue to improve them. We process personal information for this purpose also as set out in our Privacy Policy, which you consent to when you create an account. By creating an account and using our Services, you grant us permission to use your anonymised information to improve our services.

 

2.4 Paid Services

Within our app, we offer certain features and enhanced functionality as Paid Services. These are referred to as Hormona Plus. These services are tied to a subscription. Therefore, you will be charged once in the duration period of your subscription (for instance once per month, or once per year). Our subscription will be renewed for an indefinite time at the end of your initial subscription period with us. 

You can find an overview of the subscription benefits included in the menu of the app. These may change from time to time, as we introduce new features, develop our existing offering and retire features that haven’t worked out as planned. The features and content contained in Paid Services may differ by country and language. 

The price for paid services is shown in the relevant app store (iOS Apple App Store or Android Google Play Store) and on the buy screen in-app prior to purchase.  Like our app, paid services are only available via the third-party platform operators (Apple App Store and Google Play Store), therefore, when you make a purchase within our app, you may additionally enter into a separate contract with the respective third-party service provider of the app store, whose Terms and conditions may apply.

Once payment has been made, the services will be available and ready to order as instructed in the App. If payment cannot be collected, we will be entitled to block access to the relevant paid services.

By agreeing to these Terms, you acknowledge and agree that you have the financial responsibility for all Paid Services purchased from your account.

 

2.5 Free Trial Period

We may provide access to Paid Services as part of a free trial, followed by a subscription. We shall not take any charges until the expiry of the free trial period and the commencement of the subscription period. If you cancel your subscription during your free trial period, we will not charge you for the subscription and your access to Paid Services will end at the end of your free trial period.

 

2.6 Order & Delivery of Services

The services shall be ordered in accordance with instructions in the App. Confirmation of your order will take place when we email you and/or send you a confirmation in the App, at which point a contract will come into existence between you and us. 

During the order process we will let you know when and where we will provide the services.

 

2.7 Updates & Changes to Services

From time to time, we may automatically update the app and change the service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such an update, or if you opt out of automatic updates you may not be able to continue using the App and Services.

 

3. YOUR OBLIGATIONS

 

3.1 Eligible customers

We offer our services to individuals acting as consumers (as defined under applicable local law). You may only use Hormona for your own private purposes.

You must not use our services for any harmful, malicious, disruptive or unlawful purpose. You should not use our services if you are a direct competitor of Hormona and the services which Hormona offers, and are investigating our services for competitive research.

 

3.2 Use of the functions

When you use our Functions, you must always comply with all applicable laws, regulations and public orders. You shall not access the website or app other than through the interfaces provided by us, and as otherwise expressly authorised under these Terms. 

You may not use these functions in a manner contrary to our, or any third party’s rights and interests. You agree to comply with all instructions and recommendations provided by us.

You agree to be responsible for all activities that occur under your account. Credentials to your account must be kept secure at all times. You are forbidden to share data relating to your account with any third parties. Should you suspect that your account, or your credentials have been or are being used by a third party, you must contact us immediately using our Contact Information.

We may have to suspend the supply of any of the functions to:

  • Deal with technical problems or make minor technical changes, or;
  • Update functions to reflect changes in applicable laws and regulatory requirements.

We are entitled to decline or adjust an order from you and close down your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account. This shall also apply if you fail to comply with these Terms or other mandatory provisions by law. Upon occurrence of any of these events, we will contact you and request that you remedy your breach of these Terms.

 

3.3 Your device

If you download our App onto a smartphone that is not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.

By using the App and any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and provide our Services.

Certain Services will make use of location data sent from your device. You can turn off this functionality at any time by turning off the location services settings for the app on the device. If you use these services, you consent to the transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based services. Turning off the location services setting shall stop us collecting such data at any time. However, if you disable location services, this may interfere with our ability to provide you with relevant information, inhibiting the App from functioning properly.

 

3.4 User Generated Content

Whenever you make use of a feature that allows you to contribute content to our App or Services, or make contact with other users in the Hormona community, you must comply with the content standards set below. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. 

Meaning you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Your contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

Your contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Bully, insult, intimidate or humiliate.
  • Promote sexually explicit material.
  • Include child sexual abuse material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trademark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal content or activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from us, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.
  • Give or purport to give medical advice or make any treatment recommendation.

We reserve the right to remove any content you contribute on our App or Service, if, in our opinion, your post does not comply with the content standards set out above.

Any content uploaded to our App or Service will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our App and Service a limited licence to use, store and copy that content, and to distribute and make it available to third parties. When uploading or posting content to our App or Service you grant us a worldwide, non-exclusive, perpetual, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the App or Service and across different media including to promote the App or Service.

Similarly, the App may include information uploaded by other users in the Hormona community, such as topics for discussion or comments. This information has not been verified or approved by us. The views expressed by other users on the App do not represent our views or values. In particular, you should not treat any information uploaded by other users as medical advice, and you should not rely upon it. We disclaim all liability in respect of any information uploaded by other users.

If you have any concerns about content uploaded by other users, please contact us using our Contact Information.

 

3.5 Your responsibility 

All services provided are owned by Hormona and should at all times be handled with reasonable care. You agree that you will not:

  • Rent, lease, sub-licence, loan, provide or otherwise make available, the app or our services in any form, in whole or in part to any person without written consent from us;
  • Copy the app or services,  except as part of the normal use of the app or where it is necessary for the purpose of back-up or operational security;
  • Translate, merge, adapt, vary, alter or modify, the whole or any part of the Hormona Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms;
  • Disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    • Is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • Is not used to create any software that is substantially similar in its expression to the App;
  • Is kept secure; and
  • Is used only for the Permitted Objective.
  • Transfer your rights or your obligations under these terms to another person, unless we agree in writing.

You must not:

  • Use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Hormona Services or any operating system;
  • Infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
  • Transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • Use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 
  • Collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service; and
  • Send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (set out below).

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You are responsible for making your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. 

 

4. OUR LIABILITY

 

4.1 Forseeable Loss & Damage caused by us

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

 

4.2 Business Loss

Our Services are for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

4.3 Information Provided by Us 

The Services are provided for general information only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether expressly or implied, that such information is accurate, complete or up to date.

We are not liable for your reliance on the information provided. If you feel that the use of the Hormona Services or the information is causing any physical or mental distress, you must immediately cease using the Hormona Services or the information and should seek medical professional help immediately.

The Hormona Services are not medical advice and should not be relied upon as such.  We make no representation, express or implied, that the Hormona Services or the information in them is correct.  Under no circumstances does the App or Services recommend particular treatment for specific individuals.  In all cases, we advise that an appropriately qualified medical professional be consulted before any decisions are taken about whether treatment is necessary and if so what course of treatment.  

Research references in the Hormona Services or information to particular drugs, treatment or procedures do not constitute either their endorsement or their recommended use. 

 

4.4 User Suitability

The App and the Services have not been developed to meet your individual requirements. We do not guarantee that the Hormona Services can be used to achieve a specific aim or that they will be fit for your purposes.  

Specifically, we do not guarantee that the Hormona Services will correctly predict your menstrual cycle or any hormonal cycle, or that the information provided will be complete, accurate or error-free. 

The information we provide is general in nature and is designed to apply only to individuals with no underlying health conditions.  If you choose to follow or act on such information, you do so at your own risk.  Please check that the facilities and functions of the App and the Services meet your requirements. 

Please speak to your medical healthcare professional if you have any concerns about whether the Hormona Services are appropriate for you, particularly if you are pregnant or breastfeeding.

 

4.5 Storing & Sharing your Data

We are not responsible for how you choose to store or share any information you have obtained from the App or Services or which we have presented to you via the App or the Services.  If you are concerned about security and confidentiality of this information, you should refer to the privacy policies and terms of use for any third-party services you use to store or share such information.

We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

 

4.6 Events outside of our Control

If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. 

Provided we do this, we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.  

If you have subscribed to Paid Services, you may be entitled to a refund under consumer rights law.

We may transfer our rights and obligations under these terms to another organisation. We will always inform you in writing where this happens and we will ensure that the transfer will not affect your obligations under the contract.

 

5. TERMINATION

 

5.1 Cancelling or Amending Subscriptions

To terminate your authorization, cancel your subscription for Paid Services or change your payment method email using our Contact Information. For your termination or cancellation to be effective, you must let us know fourteen (14) days prior to the end of the current subscription period.

If you have purchased a subscription via an app store (iOS Apple App Store or Android Google Play Store) please use the procedures provided by the respective app store to cancel.

If you have purchased a subscription for Paid Services you can cancel your subscription at any time prior to accessing the Paid Services.  Please note that you will lose your right to a refund if you have accessed any Paid Services prior to cancelling.

 

5.2 Breach of Terms

We reserve the right to end your licence to use the App and Services at any time by contacting you if you have broken the terms in a serious way. If a breach can be put right, we will give you a reasonable opportunity to do so.

If we choose to end your right to use the App and Services:

  • You must stop all activities authorised by these terms, including your use of the App and any Services.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

When we consider that a breach of these acceptable use restrictions has occurred, we may take such action as we deem appropriate. Failure to comply with these restrictions constitutes a material breach of the terms of use, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our App and Service.
  • Immediate, temporary or permanent removal of any Contribution (as defined below) uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 

5.3 Terminating the Contractual Relationship

In relation to use of Hormona Freemium, you reserve the right to withdraw consent at any time. You may terminate the contractual relationship with us at any time by logging into your account and selecting delete account. Deleting your account will erase all of your data and cannot be undone. Therefore, to use our App or Services again you will need to create a new account, agreeing to the terms here within.

 

6. COMPLAINTS

If you have any complaints, please contact our support department using our Contact Information.

Disputes regarding the interpretation and application of these Terms shall be resolved by the National Board for Consumer Disputes or by the competent ordinary court.

Please also note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at ec.europa.eu/consumers/odr