1 About FemX

FemX is a service developed and provided by LabQ International Pvt Ltd UK. The service is available online at, among other places and in the Apple App Store as “FemX”. The purpose of FemX is to help our users track their menstrual cycles and related body symptoms. Please do not use FemX for contraceptive or medical purposes. In case of any individual health issues, consult a medical professional.

Use of FemX

In this Terms and Conditions (“Terms”) we describe the terms of usage for FemX mobile application, software, website, APIs, and services (collectively, “FemX”). You accept these Terms by using any part of FemX. If you do not accept these terms, do not use any part of FemX.
Additionally, you cannot access or use FemX if you are barred from receiving services under the laws of any applicable jurisdiction or have previously been suspended or terminated from FemX.
To use FemX, you must follow some simple rules. Do not misuse FemX, so that either FemX or anyone else is harmed in any way. You may only use FemX as permitted by law and these Terms. By using FemX, you agree that:

  • All of the personal data provided by you is accurate and up to date.
  • You are solely responsible for all activities on your account and all the content that is uploaded and/or created under your FemX account (“User Material”).
  • Perigee does not monitor the contents of FemX, but may at any time choose, at its sole discretion, to remove User Material from FemX and/or your user account and to terminate your account.
  • You may not engage in any commercial activities, advertise and/or provide hints (such as links) on where commercial activities are present through our Services.
  • You may not contribute to any propaganda, religious and/or political views, or contribute with information which in any way contains or involves incitement to racial hatred, child pornography or pornography through the use of our Services. Further, you may not defame, harass or offend other people through the use of our Services.
  • You may not transmit, and/or distribute files that may damage FemX or others’ computers or property (such as viruses and trojan horses).
  • You may not share others’ personal information, without their approval.

FemX is not intended to replace contraceptive measures and/or medical advice. By using FemX, you agree to use FemX for the intended information and communication purposes only and particularly not for contraception and/or medical purposes.

Your Account

To use some parts of FemX, you need to create an account. You are required to provide true, correct and complete information about yourself (“Account Data”) and make sure to maintain and frequently update your Account Data whenever necessary.
If FemX suspects that you provided incorrect Account Data, or that you in fact provided incorrect Account Data, FemX has the right to immediately suspend or remove your account and refuse further usage of FemX.
You are responsible for all activity that occurs in association with your account. FemX is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. If you suspect that your account has been compromised, or a breach of security of your account credentials has occurred, you must contact us immediately.
Children under the age of 13 are not allowed to create an account in FemX. If we learn that we have accessed or stored the personal information about a child under the minimum required age, we will take steps to delete the information as soon as possible. Parents or guardians who believe that their child has transmitted data to FemX should contact us immediately.
You can, at any time, choose to delete your account.

Purchases

In-app purchases are handled by App store and Google Playstore and can only be refunded by Apple with Apple’s consent.
Fees paid for appointments are taken through a third party service called Stripe (Privacy Policy link as accessed on 22 January 2021 is: https://stripe.com/gb/privacy). Refunds or compensation for any appointments made using Stripe services is dealt with FemX directly. Please send your query to [email protected] and we will be happy to help you on the matter of concern.

Feedback and Submissions

We welcome comments, ideas, feedback or other communication regarding FemX. If you provide feedback to us you hereby grant FemX the right to use, disclose, reproduce, distribute and exploit this feedback without any restriction or compensation to you. For this reason, do not send FemX any feedback that you do not want us to use without any restriction or compensation to you.

Termination

You agree that FemX has the right to suspend or deactivate your account or your access to certain parts of FemX at any time without notice or liability to you. Upon such termination we might delete your account and other information related to your account.
Reason for such termination could be violations of this agreement, requests from law enforcement or other government agency requests, but it is not limited to any of these.

Rights

FemX is intended for your personal, non-commercial use.
FemX grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use FemX as long as you do not copy, modify, reverse engineer, or otherwise attempt to discover any source code, sell, sublicense or otherwise transfer any right in FemX, except where allowed by law. You agree to only access FemX through interfaces provided by FemX.
All rights in and to FemX, including any trademarks, service marks, trade names, and copyrighted content (collectively “Intellectual Property”) presented within FemX are the property of FemX and/or third parties. You agree not to use Intellectual Property for any other purposes except for your own use of FemX unless required otherwise by applicable mandatory law.
You are not entitled to assign your rights and/or obligations under these Terms to any third party without FemX prior written consent. FemX is entitled to assign its rights and/or obligations under these Terms.
FemX reserves the right to refuse access to anyone, for any reason, at any time.
FemX reserves all rights not expressly set forth in these Terms

Disclaimer and limitation of liability

You use FemX at your own risk. FemX is provided “AS IS,” without any warranties and FemX does not warrant that FemX and availability thereof will be uninterrupted or error-free. FemX does not assume any responsibility for errors or omissions in the information or software or other documents, including user generated material, which is referenced by or linked to. References or links to third parties’ websites are provided “AS IS,” without warranty of any kind, either expressed or implied.

You are responsible for your own health. FemX is not a medical organization and we will not provide you with any medical advice or diagnosis. The purpose of FemX is solely to help our users to track their menstrual cycles, body signals and moods.

FemX is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of FemX.

In no event shall FemX be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, FemX aggregated liability for any direct damages shall be limited.

Governing law and dispute resolution

These Terms and the use of FemX are governed by the laws of the United Kingdom, except for its conflicts of laws principles. All claims arising out of, or relating to, these Terms or FemX shall be resolved by the United Kingdom public courts.

Prohibited uses

You may not use, or encourage, promote, facilitate, instruct or induce others to use, the website or website services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
The following are examples of uses that are prohibited on the website or when using the website services:
Seeking, offering, promoting, or endorsing and services, content, or activities that:

  • are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
  • would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;

Intellectual property rights

FemX is licensed to retain all right, title, and interest in and to all Intellectual Property Rights related in and to the website and the website services. FemX is duly licensed to use the FemX logos and names are trademark. All other product names, company names, marks, logos, and symbols on the website or website services may be the trademarks of their respective owners.

Third party trademark rights

The Terms and Conditions applies to your use of the service and you consent to the collection and use of your information, including personally identifiable information by FemX. Our Service may contain links to third-party websites or services that we don’t own or control that enables you to export information to third party services. You may also need to use a third party’s service to use some features of our Service or use through our implementation of third party buttons. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own Terms & Conditions and privacy policies. FemX is not a party to those agreements; they are solely between you and the third party.

Copyright infringement

FemX is committed to complying with copyright and related laws and requires all website visitors and users to comply with these laws. Accordingly, you may not use the website to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights.

User content

Content that you post using our website must be content you own or have the right to use. That includes anything you post using our website.

  • Responsibility for Your Content. You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. You have not copied it without permission; this includes FemX trademarked name or logo.
  • Permission to Use Your Content. By posting Your Content through our website, you grant FemX a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help FemX function and grow.
  • Reporting Infringing Content. FemX has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Service
  • Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on FemX website (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our policies or any part of our Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.

Security

FemX ensures the protection and honesty of the data it gathers by utilizing fitting authoritative conventions, specialized shields, and actual security controls intended to restrict access, identify and forestall the unapproved access, inappropriate divulgence, adjustment, or obliteration of the data under its influence.
FemX communicates the data utilized by its outer specialist co-ops for the particular re-appropriated tasks recorded above across open and private organizations through perceived encryption advances, for example, by utilizing Secure Sockets Layer (SSL) programming, which scrambles the data you input. Despite the fact that the FemX follows the strategies set out above to ensure the Personal Information submitted to the FemX, no technique for transmission over the Internet, or strategy for electronic capacity, is 100% secure. Hence, while FemX endeavors to utilize financially satisfactory intends to ensure your Personal Information, FemX can’t ensure its outright security.

Termination

FemX reserves the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).
We may refuse service to anyone and may terminate or suspend your services and your access to the website in whole or in part at any time, for any reason, without notice unless required by law.
If we terminate, limit or suspend your access to our website:

  • You don’t have a contractual or legal right to continue to use our website.

Limitations

In no event will FemX be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the website or any materials or content available through the website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not FemX has been informed of the possibility of damage.
FemX shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect purchases or sales, the receipt, processing, acceptance, completion or settlement of payment transactions, bank direct deposit transfers, or the website.

Indemnification

You agree that you will be responsible for your use of the website, and you agree to defend and indemnify FemX from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the website; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Waiver

No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Entire agreement

This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Contact Us

For any questions or concerns, you may contact us by sending an email to [email protected]