Ginger-U® is an app to support your adherence to your oral contraceptive pill (“OCP”) prescription. Ginger-U is not a medical product or software, and is not intended to diagnose, treat, cure, or prevent any disease or condition. By using Ginger-U, you agree to the following terms and conditions (“Use Terms”).
You understand, acknowledge and agree that:
- Ginger-U, LLC is granting you a limited, personal, non-sub-licensable, non- transferable, nonexclusive license to use Ginger-U, subject to Use Terms, only for supporting your adherence to your prescribed OCP regimen.
- You are not given any other rights or any ownership whatsoever to the Ginger-U app or any of its constituent and supporting elements.
- You have read and understand the Product Use and Safety Instructions for the Ginger-U device if you intend to use it.
- You must be 15 years or older to use Ginger-U.
- You are solely responsible, accountable and liable for your use of Ginger-U®, including any damage, distress or unwanted pregnancy.
- Ginger-U and its features, benefits, functionality and information cannot and do not replace professional medical help and are not intended for such.
- You are relying on professional medical help regarding your:
- Health and wellness;
- OCP prescription;
- Handling of any side effects and anomalies; and
- Configuring Ginger-U for your use.
- Automatic backup of the Ginger-U data and information is performed daily and when settings are changed.
- There is a possibility of data loss if the Ginger-U is reinstalledor the device on which Ginger-U runs is wiped after a backup and new entries are made thereafter. Ginger-U, LLC is not liable for any loss of any data, whomsoever from and whatsoever the reason.
- Ginger-U is not liable for any loss of any data, whomsoever from and whatsoever the reason.
- Your use of the Reminder Buddy service signifies that you have advance approval from your Reminder Buddy to serve in such capacity, and your permission to share your adherence status with your Reminder Buddy.
- Your participation in the forum (“Forum”) is conditioned on:
- Never using the Forum in place of professional medical help and advice;
- Keeping in mind that the Forum participants are not licensed medical professionals and their advice is always suspect, including if they claim to be medical professionals given Ginger-U does not authenticate such claims;
- Remaining anonymous at all times;
- Never violating or contributing to the violation of others’ anonymity;
- Participating with only one account and only on your own behalf;
- Never stalking, harassing, discriminating, insulting or disparage others;
- Never contributing or promoting content that is illegal, propaganda, commercial, false, misinformation, misleading, harmful, malicious, offensive, spam or not constructive;
- Indemnifying and holding Ginger-U harmless for content contributed by you, including content and links to web pages of third parties and violation of the copyright of others; and
- Accepting that your participation in Forum is a privilege that Ginger-U, LLC may, at its sole discretion, revoke in whole or in part, on a temporary or permanent basis, with or without any warning, and without cause.
- Ginger-U, LLC may, at its sole discretion, at any time and without any warning, modify Ginger-U or discontinue offering it.
GINGER-U IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, GINGER-U, LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Ginger-U, LLC makes no warranty that Ginger-U will meet your requirements or be available on an uninterrupted, secure or error-free basis. Ginger-U, LLC makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of Ginger-U. You acknowledge and agree that if you rely in whole or in part on Ginger-U, you do so solely at your own risk.
This Agreement begins as of when the Ginger-U is downloaded and continues until the earlier of: (i) your deleting all copies of Ginger-U from all computers, networks and storage media; (ii) your breaching this Agreement or any Use Terms therein; or (iii) Ginger-U, LLC issuing a notice of termination to you, upon which you shall delete all copies of Ginger-U from all computers, networks and storage media.
Ginger-U, LLC reserves the right to modify these Use Terms at any time and in any way. Ginger-U, LLC will notify you of any resulting material changes according to your account preference settings.
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to any principle of conflicts of law. Any dispute arising hereunder shall be resolved in the state or federal courts located in the Southern District of California, USA, and the parties hereby agree that venue and jurisdiction for any related proceedings arising hereunder shall lie exclusively with such courts.