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Terms & Conditions

TERMS OF USE

Effective date: October 18,  2024

The FORPARTUM (‘the app or site”), is owned and operated by FORPARTUM LLC, carrying on its business activities in [Insert business address]. These Terms of Use govern your use of this application.

1. YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use hereinafter referred to as “TOU” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you, or user”) and [NAME OF COMPANY] (“FORPARTUM, we,” “us” or “our”), concerning your access to and use of the Application (IOS and ANDROID inclusive), and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, the “Site, “App” or FORPARTUM”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOU Use.  IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

BY SIGNING UP TO USE THE APP OR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE FORMS WE SEND YOU ARE PROPER NOTIFICATION OF SUCH REPORTS AND THAT YOUR NAME AND DATE OF SENT REPORT WILL BE RECORDED ON OUR DATABASE WHICH WILL SUFFICE AS A SIGNATURE FOR SUCH REPORTS.

Supplemental TOU or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOU at any time and for any reason.  We will alert you about any changes by updating the “Last updated” date of these TOU and you waive any right to receive specific notice of each such change.  It is your responsibility to periodically review these TOU to stay informed of updates.  You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued use of the Site after the date such revised Terms are posted.

2. YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these TOU, you agree to the terms of our Privacy Policy which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

3. YOUR CONSENT TO OTHER AGREEMENTS

When you intend to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these TOU, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

4. ABOUT FORPARTUM SERVICES

FORPARTUM is an all-in-one postpartum wellness app developed to support mothers in their postpartum journey through tailored wellness solutions. Utilizing Evolving Nurturing Technology™, FORPARTUM provides a suite of AI-driven features designed to adapt to your unique needs over time, ensuring a personalized wellness experience that grows with you.

Our services cover six primary pillars of postpartum wellness, all designed to address the diverse aspects of postpartum recovery. These services include:

  • Personalized Postpartum Meal Plans: Customizable meal plans crafted to support the unique nutritional needs of postpartum mothers. We focus on providing balanced, nutrient-dense meals that promote healing, energy restoration, hormone balance, and lactation support.
  • Wellness Trackers: Tools for tracking your mood, energy, stress levels, sleep patterns, and physical symptoms. Through our data-driven insights, you gain a clearer understanding of your health metrics, enabling you to make informed adjustments to your wellness routine.
  • Mental Health Support: Resources, wellness sessions, and therapeutic content created to address emotional and psychological challenges. We prioritize maternal mental health, offering tools to help you manage stress, anxiety, and other postpartum emotions.
  • Physical Recovery: Guidance and resources for safe physical recovery, including targeted tools for healing from vaginal or C-section births, addressing common postpartum physical issues, and supporting overall body recovery.
  • Community Support: A secure platform where you can connect with other mothers and wellness experts. Engage with a community that provides empathy, shared experiences, and valuable insights into the postpartum journey.
  • Nervous System Support: Calming practices and techniques designed to soothe and regulate your nervous system, helping to create a sense of balance and manage stress.

Each feature within the FORPARTUM App is created to provide accessible, meaningful support that aligns with our commitment to enhancing postpartum wellness. From personalized recommendations to real-time insights, FORPARTUM aims to empower mothers by providing the tools and support they need to navigate every stage of postpartum recovery.

We designed the site to make using the service as simple as possible. The site can be accessible by visiting our website at www.forpartum.com  or through our mobile application. If you choose to use the application via your smartphone, we recommend that you download the software from the IOS PLAYSTORE and GOOGLE PLAYSTORE. Check that your smartphone is up to date and that it is compatible with the most recent version of FORPARTUM.

5. APPLICABILITY

“These general terms and conditions (the “Conditions”) apply to:

(a) The use of any information, pictures, documents and/or other services offered by FORPARTUM via (our “Website”);

(b) The use of the features and services provided via the site or app.

6. USER ACCOUNTS

To access and utilize the full features and services of the FORPARTUM App, it is a prerequisite that you register and create a user account. This section outlines your obligations and rights as a user, as well as our policies concerning the management and security of your account.

(a) Account Registration and Required Information. To register an account, you agree to provide accurate, current, and complete information, including but not limited to the following:

  • Full Name
  • Valid Email Address
  • Baby’s Birth Date
  • Feeding Type (e.g., breastfeeding, formula feeding, or mixed feeding)
  • Birth Type (e.g., vaginal or cesarean section)
  • Dietary Preferences (e.g., vegetarian, gluten-free, or other dietary restrictions)

This information is necessary for us to provide personalized recommendations and services tailored to your postpartum journey. By registering, you represent and warrant that all information submitted is true, accurate, and complete.

(b) User Obligations

  • Accuracy of Information: You agree to promptly update your account details if there are changes to the information provided during registration. Failure to maintain accurate and up-to-date information may impair the functionality or personalization of the services rendered.
  • Confidentiality: You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password. You agree not to disclose your credentials to any third party.
  • Authorized Use: Your account is personal to you and may not be transferred, sold, or assigned to any other individual or entity. Any unauthorized use of your account constitutes a breach of these Terms of Use and may result in immediate suspension or termination.

(c) Account Security and Notification. You agree to notify us immediately at support@forpartum.com of any unauthorized access to or use of your account, any breach of security, or any other known or suspected misuse. FORPARTUM LLC shall not be held liable for any losses, damages, or liabilities arising from your failure to safeguard your account information.

(d) Age Restriction. By creating an account, you affirm that you are at least 18 years of age or older. Users under the age of 18 are strictly prohibited from using the FORPARTUM App or its services.

(e) Privacy and Data Use. The information you provide during the account registration process is governed by our Privacy Policy, which is expressly incorporated into these Terms of Use. By registering, you consent to the collection, storage, and use of your information as described in our Privacy Policy.

(f) Account Termination or Deletion

  • Voluntary Deletion by User: You may terminate your account at any time by accessing your account settings or contacting our support team at support@forpartum.com. Upon account deletion, all associated data, reports, and personalized insights will no longer be accessible.
  • Termination by FORPARTUM: We reserve the right to suspend or terminate your account without prior notice if:
  • You breach any provision of these Terms of Use.
  • We detect unauthorized use, fraudulent activity, or any conduct that we deem harmful to our platform, other users, or our intellectual property.

(g) Retention of Data Upon Termination: Upon termination, we reserve the right to retain anonymized data for research or analytical purposes as permitted by law. Any personally identifiable data will be handled in accordance with our Privacy Policy and applicable laws.

7. HEALTH ADVICE AND GUIDANCE

The guidance provided through Forpartum’s app, website, and associated platforms focuses on general wellness topics such as nutrition, fitness, mental health, and postpartum recovery.

  • No Medical Advice: The content offered is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.
  • Consult Healthcare Providers: Users are strongly encouraged to consult with qualified healthcare professionals before implementing any suggestions or making health-related decisions based on the information provided through Forpartum.
  • No Guarantee of Results: Outcomes may vary based on individual circumstances, and Forpartum does not guarantee specific health or wellness improvements.

8. INSURANCE DISCLOSURE

FORPARTUM maintains a comprehensive insurance portfolio designed to support our commitment to user safety and platform reliability. This portfolio includes:

  • Cyber Liability Insurance: Coverage against data breaches, hacking attempts, and other cybersecurity threats. This ensures a proactive approach to mitigating risks in handling sensitive user data.
  • Errors & Omissions (E&O) Insurance: Designed to safeguard the reliability, accuracy, and accountability of our services, this insurance coverage protects both FORPARTUM and its users from unintended errors or omissions in service delivery.

While these measures significantly enhance the security and dependability of our platform, users acknowledge that no system or service can be entirely free from risk. The insurance policies are intended to manage and mitigate unforeseen events but do not serve as a guarantee of immunity against all potential issues or liabilities.

9. USE OF SERVICES/USER PROHIBITIONS

9.1 Subject to your compliance with these Terms, FORPARTUM grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

9.2 You shall use the Services in accordance with these Terms and shall not:

  • Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, Privacy, Copyright, trademark or any other intellectual property right.
  • Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the services.
  • Make any modification, adaptation, improvement, enhancement, translation or derivative work from the services.
  • Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
  • Use the Services in violation of or to circumvent any sanctions or embargo.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of FORPARTUM or its affiliates, Partners, Suppliers or Licensors.
  • Use the Services for any purpose for which it is not designed or intended. You also agree not to use the platform to store or record data, and you release us from any liability relating to data or content loss.
  • Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by FORPARTUM.
  • Use any proprietary information or interfaces of FORPARTUM or any other intellectual property of FORPARTUM in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
  • Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
  • Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
  • Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
  • Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
  • Collect any information in respect of other users without their consent.
  • Commit any act to avoid paying any applicable fees and/or charges.
  • Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
  • Authorise or encourage anyone to do any of the foregoing.

10.3 The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the FORPARTUM and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the service in accordance with these terms of service.

10.4 Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the service.

10.5 Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “FORPARTUM” name, or any of the “FORPARTUM” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to FORPATUM.

10.6 These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of FORPATUM’s materials and content, the Service, FORPARTUM name and/or trademarks, other than as set out in these Terms of Service.

11.  FORPARTUM’S INTELLECTUAL PROPERTY

11.1 Content

For purposes of these Terms, “content” is defined as any information, communications, published works, photos, videos, graphics, music, sounds, or other materials that can be viewed on our Site and is owned by FORPARTUM, our Affiliates, or our licensors. All content and features are proprietary to FORPARTUM and are protected under applicable intellectual property laws.

11.2 Ownership of Content

All content on the Site, including but not limited to text, images, graphics, technology, and multimedia, is subject to intellectual property rights, contractual obligations, or other protections. The intellectual property rights are owned by FORPARTUM, LLC, our Affiliates, or our licensors. Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way unless expressly permitted in these Terms or with prior written consent from FORPARTUM.

Unauthorized use of the content beyond the permissions granted in these Terms, or any infringement of intellectual property rights, may result in liability to FORPARTUM or its licensors.

11.3 Proprietary Technology

FORPARTUM is a patent-pending app, incorporating “Evolving Nurturing Technology,” a groundbreaking innovation designed to enhance the postpartum wellness experience. This technology, along with the app’s features—including wellness tracking, mood and symptom trackers, lochia tracker, personalized recommendations, adaptive nurturing technology, and all future features—is exclusively owned by FORPARTUM, LLC and is patent-pending.

Users acknowledge that FORPARTUM’s technology, features, and innovations are the exclusive intellectual property of FORPARTUM, LLC and are protected under applicable laws. These elements may not be reproduced, distributed, or utilized without express written consent from FORPARTUM.

All rights are reserved by FORPARTUM, LLC, which retains the right to enforce its intellectual property rights against any unauthorized use or infringement.

11.4 Trademarks

The trademarks and service marks of FORPARTUM include, but are not limited to, FORPARTUM™ and the FORPARTUM logo. All custom graphics, icons, logos, and service names are registered or common-law trademarks of FORPARTUM or its Affiliates. Other trademarks or service marks appearing on the Site are the property of their respective owners. Nothing in these Terms grants you any rights to use the trademarks, service marks, logos, or names of FORPARTUM, its Affiliates, or licensors.

11.5 Limited License for Site Use

FORPARTUM grants you a limited, revocable, nonexclusive license to use the content on the Site for personal, non-commercial purposes only. This license prohibits:

  • Republishing, distributing, sublicensing, or preparing derivative works of the content;
  • Using Site content for commercial purposes;
  • Reverse engineering, copying, or breaking into the Site;
  • Using any content, products, or services in violation of applicable laws.

Any use of the Site or its content beyond what is explicitly permitted in these Terms, without prior written consent from FORPARTUM, will result in the termination of the granted license. FORPARTUM reserves the right to revoke your access to the Site and its content at any time, without prior notice.

Unless explicitly stated herein, these Terms do not confer any title, ownership, or exclusive usage rights to you concerning FORPARTUM’s intellectual property or the goodwill associated therewith.

11.6 User Rights on Content

Users may not distribute or use content from the Site for commercial purposes without prior written permission from FORPARTUM.

11.7 No Warranty for Third-Party Infringement

Neither FORPARTUM nor its Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights of other users or third parties.

11.8 Use of Licensed Media.

Forpartum uses photos and graphic content sourced from Freepik within the app. All such content is used in compliance with Freepik’s licensing terms, and Forpartum holds the appropriate license for these materials. Users are not permitted to copy, redistribute, or modify any of the media used within the app without explicit permission from Forpartum or the respective copyright holders.

11.9. Content Verification and Medical Advice Disclaimer

Forpartum provides wellness guidance and educational content to support postpartum recovery. While certain content is reviewed and verified by medical professionals, not all content undergoes professional medical review. Users should treat the app’s guidance as general wellness information and consult a qualified healthcare provider for personalized medical advice. Forpartum does not provide medical diagnoses, and users are solely responsible for how they apply the information provided within the app.

12. SOFTWARE UPDATES

FORPARTUM is constantly changing and improving the Service. As part of this continual evolution of our digital content and services, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also change the Service for these other reasons:

  • to adapt to new technologies
  • to reflect increases or decreases in the number of people who use a particular product, service or feature
  • to respond to key changes in the licences and partnerships we have with others
  • to prevent abuse or harm
  • to address legal, regulatory, safety or security issues.

In particular, we sometimes make legally-required updates, which are modifications that keep digital content, services or goods in conformity with the law. We make these updates to our digital content and services for safety or security reasons, and to make sure they meet the quality standards that you expect, such as those described in our Legal Guarantee below.  We may automatically install updates that address significant safety or security risks. For other updates, you can choose whether you want them installed.

Before we change or stop offering any part of the Service, we carefully consider your interests as a user, your reasonable expectations, and the potential impact on you and others. We only change or stop offering any part of the Service for valid reasons. If a modification negatively affects your ability to access or use the Service, we’ll provide you with reasonable advance notice by email, including a description of the changes, when they’ll take place, and your right to end your contract with us if our modifications create more than a minor negative impact, except in urgent situations such as preventing abuse or harm, responding to legal requirements, or addressing security and operability issues.

13. APP USE LICENSE

When you use the Services through the App, then FORPARTUM grant you a revocable, non-transferable, non-exclusive, limited right to install and use it on wireless phones and devices that are in accordance with the terms and conditions of this license, used and controlled by you and shall not:

  • Decompile, disassemble, reverse-engineer, attempt to know the source code of the App, or decrypt it;
  • make any modification, enhancement, adaptation, improvement, translation or derivative work from the App;
  • go against any applicable laws, regulations, or rules regarding your use of the App;
  • alter, remove, or obscure any of FORPARTUM’s proprietary notice, and the licensor of the App;
  • make the App available over network or other environs that allow access or use by multiple devices or multiple users at the same time;
  • use the App to create services, or software that is directly or indirectly competitive with or in any way a substitute for the App;
  • use the App to send automated queries or unsolicited commercial emails to any platform; and
  • Make use of any proprietary information of FORPARTUM in the development, design, manufacture, distribution, or licensing of any application, devices, or accessories for use with the App.

14.   TERMS REGARDING APPLE AND ANDROID DEVICES

The following terms and conditions will apply when you access the App either from the Apple Store or the Google Play Store. You acknowledge that these Terms is between you and FORPARTUM only and not with Apple Inc. or Google Inc. (both an “App Distributor”), and FORPARTUM (which is not an App Distributor) is directly responsible for the App and the App Content thereof.

  • Scope of License: The license granted to you for the App is limited to a non-transferable permit to use the App on a device that uses the Apple iOS and/or Android operating system as applicable and in line with the usage rules set forth in the applicable App Distributor terms and conditions agreement.
  • Maintenance and Support: FORPARTUM is solely responsible for providing any maintenance and support services with respect to the App as specified under these Terms and applicable laws. You hereby agree that no App Distributor is responsible for any support and maintenance services in relation to the App.
  • Warranty: FORPARTUM is responsible for any service warranties, whether express or implied by law, to the extent not effectively disclaimed. In any event, where the App fails to conform to any applicable warranty, you may alert the relevant App Distributor, and the App Distributor, in accordance with its policies and terms, may refund the purchase price (if any) paid for the App, and to the fullest extent permissible by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, expenses or costs attributable to any failure to obey any warranty will be FORPARTUM’s sole responsibility.
  • Service Claims: You hereby agree that FORPARTUM (not an App Distributor) is liable for addressing any of your claims or those of a third party relating to the App or your control and/or use thereof, including but not limited to; (a) service liability claims; (b) any claim that the App fails to obey any applicable or legal requirement; and (iii) claims arising from consumer protection or similar legislation.
  • Intellectual Property Rights: You acknowledge that in the event of any third-party claim that the App or your use thereof infringes a third party’s intellectual property rights, the relevant App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • Legal Compliance: You agree to follow all relevant rules and regulations in the country from which you access the service or use the application. It is also the obligation of users to exercise caution while engaging with other users on the platform from other places.
  • Third Party Terms and Conditions Agreement: You must comply with the third-party terms and conditions agreement applicable when using the App. For example, if you have a VoIP application, you must not violate their wireless data service agreement when using the App.
  • Third Party Beneficiary: Both you and FORPARTUM acknowledge that the App Distributors and their subsidiaries are third party beneficiaries of these Terms and that upon your acceptance of the terms and conditions of these Terms, each App Distributor will have the right to enforce these Terms against you as a third-party beneficiary thereof.

15. MEMBERSHIP, SUBSCRIPTIONS AND BILLING

Basic Membership: Limited access to free features, including general wellness guidance and some tracking tools.

Premium Membership: Subscription-based access to advanced features such as personalized recommendations, mood and symptom tracking, and premium content.

The FORPARTUM App offers both free and premium subscription options. By choosing to subscribe, you agree to the terms related to billing, cancellations, and refunds:

  • Subscription Plans: FORPARTUM offers various subscription plans (monthly, quarterly, annual) that provide access to premium features, including advanced wellness trackers, detailed insights, and exclusive content.
  • Payment and Renewal: Subscription fees are billed to your chosen payment method at the start of each billing cycle. Subscriptions automatically renew unless cancelled before the renewal date.
  • Trial Period: Some users may be offered a free trial. At the end of the trial period, you will be automatically enrolled in a paid subscription plan unless you cancel before the trial ends.
  • Cancellations: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period, and you will continue to have access until that period expires.
  • Refunds: Subscription fees are non-refundable unless required by law. Partial refunds or credits for unused services are not available.
  • Price Changes: FORPARTUM reserves the right to modify subscription fees with prior notice. You will have the option to accept or decline any changes; however, continued use of the service after the effective date of the price change will constitute acceptance of the new pricing.

16. AI AND PERSONALIZED RECOMMENDATIONS

FORPARTUM utilizes Evolving Nurturing Technology™ and AI algorithms to offer recommendations based on data you provide. The AI-driven insights are continuously refined to reflect your changing needs and preferences. Please be advised that while these recommendations aim to enhance your wellness experience, they are not a substitute for personalized medical advice from a qualified healthcare provider.

17. TERMINATION

Termination by you. You may terminate these Terms and the license granted to you hereunder at any time by uninstalling and removing the Software from your device, and by ceasing to use the App.

Termination by us. Without prejudice to any other rights we may have, these Terms and the license granted to you hereunder automatically terminate without notice, if you fail to comply with or breach any provision of these Terms. In no event will we be liable for the suspension, removal of or disabling of your access to FORPARTUM or to any feature available therein. You acknowledge that upon expiration or termination of your license, the license key may automatically de-activate.

18. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may contain connections to other websites, and platform users may also publish external links. FORPARTUM hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. FORPARTUM shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.

19. YOUR REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that: (i) you will only use FORPARTUM as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using FORPARTUM; (iii) you will not use FORPARTUM for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using FORPARTUM.

20. DISCLAIMER OF WARRANTIES

FORPARTUM explicitly states that the services, features, and guidance provided do not constitute medical advice. Users must consult healthcare professionals for individual medical concerns. FORPARTUM disclaims any liability arising from decisions made without professional consultation.

FORPARTUM IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) FORPARTUM WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF FORPARTUM WILL BE UNINTERRUPTED; OR (III) FORPARTUM IS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH FORPARTUMIS TO UNINSTALL AND CEASE USE OF ALL FORPARTUM PRODUCTS. Further and except as expressly provided herein, we are not obligated to maintain or support FORPARTUM, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of FORPARTUM and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.

21. LIMITATION OF LIABILITY

FORPARTUM is not responsible for any health-related outcomes resulting from the use of its app or content. Users acknowledge their role in making informed decisions. Liability is strictly limited to the performance of the app’s technical features.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF FORPARTUM OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE FORPARTUM UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF FORPARTUM.

22. INDEMNITY

You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your access to or use of FORPARTUM; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.

23. CYCLE TRACKER TERMS AND CONDITIONS

23.1. Purpose

The Cycle Tracker is an interactive feature designed to assist users in tracking their menstrual cycles. It offers insights into patterns related to mood, energy levels, and overall well-being. This tool is intended as an informational resource to enhance personal awareness, not as a medical or diagnostic instrument.

23.2. Limitations

  • FORPARTUM strives to provide accurate insights but does not guarantee the completeness or precision of the Cycle Tracker’s results.
  • The Cycle Tracker is not a substitute for professional medical guidance, diagnosis, or treatment. For health-related concerns or decisions, users should consult qualified healthcare professionals.

23.3. User Responsibilities

  • Users must input accurate and current data to generate meaningful and relevant insights.
  • Reliance on the Cycle Tracker for critical health decisions, including family planning or the management of medical conditions, is strongly discouraged. Users agree to complement its use with professional healthcare advice.

23.4. Liability Disclaimer

  • FORPARTUM is not responsible for outcomes stemming from the use or reliance on the Cycle Tracker’s insights.
  • Users acknowledge that the Cycle Tracker is a general wellness tool and accept full responsibility for their health-related decisions.

24. CBT WELL-BEING PLANS TERMS AND CONDITIONS

24.1. Purpose

The CBT Well-Being Plans feature provides a structured approach to mental wellness, leveraging principles inspired by Cognitive Behavioral Therapy (CBT). It offers tools to manage stress, improve mood, and foster healthier emotional habits, serving as a supportive resource for users.

24.2. Limitations

  • These plans are not designed to replace professional mental health treatment or therapy.
  • FORPARTUM does not offer medical or psychological diagnoses and makes no guarantees regarding individual outcomes.
  • Results may vary based on personal engagement, lifestyle factors, and circumstances.

24.3. User Responsibilities

  • Users are encouraged to use the CBT Well-Being Plans as a complementary resource while seeking professional mental health support when necessary.
  • For severe mental health issues, such as suicidal thoughts or a risk of harm to oneself or others, users must seek immediate assistance from licensed mental health professionals.

24.4. Liability Disclaimer

  • FORPARTUM assumes no liability for adverse outcomes associated with the use of the CBT Well-Being Plans.
  • Users acknowledge that the plans are for general mental wellness and are not personalized therapeutic solutions.

25. WEEKLY POSTPARTUM INSIGHTS TERMS AND CONDITIONS

25.1. Purpose

The Weekly Postpartum Insights feature is designed to deliver targeted educational content, practical wellness tips, and supportive guidance for the postpartum recovery journey. Its goal is to equip users with knowledge and actionable strategies to enhance their overall well-being.

25.2. Limitations

  • These insights are intended solely for informational purposes and should not be used as a replacement for professional medical advice or care.
  • While the content is curated with care, FORPARTUM cannot guarantee its applicability to every user’s unique postpartum needs.

25.3. User Responsibilities

  • Users should integrate the provided insights into their postpartum care routines as supplemental guidance. For any health concerns, consultation with a licensed healthcare provider is strongly recommended.
  • Users agree not to depend solely on these insights for addressing critical health issues or conditions.

25.4. Liability Disclaimer

  • FORPARTUM shall not be held liable for outcomes resulting from the application or interpretation of Weekly Postpartum Insights.
  • Users recognize that postpartum experiences vary widely and accept that the insights provided are general in nature.

26. LOCHIA TRACKER TERMS AND CONDITIONS

26.1. Purpose

The Lochia Tracker offers users an intuitive way to monitor postpartum bleeding and discharge patterns, fostering awareness of the recovery process. It is designed to support postpartum care and promote early identification of potential concerns.

26.2. Limitations

  • The Lochia Tracker is not a diagnostic or treatment tool and cannot replace professional medical evaluation.
  • FORPARTUM cannot ensure that the tool will identify all complications or issues related to postpartum recovery.

26.3. User Responsibilities

  • Accurate and honest reporting of symptoms is essential for generating relevant insights from the Lochia Tracker.
  • Users agree to consult a qualified healthcare provider for concerns regarding postpartum symptoms or unusual changes.

26.4. Liability Disclaimer

  • FORPARTUM disclaims liability for adverse outcomes resulting from reliance on the Lochia Tracker’s insights.
  • Users accept that the tracker provides general guidance and is not a substitute for professional medical care.

27. NUTRITION AND MEAL PLANNING TERMS AND CONDITIONS

27.1. Purpose

The Nutrition and Meal Planning feature offers personalized meal suggestions to support postpartum recovery, address nutritional needs, and enhance overall wellness.

27.2. Limitations

  • Meal suggestions are designed for educational purposes and should not replace professional dietary or medical advice.
  • Users with specific health conditions, allergies, or dietary restrictions should seek guidance from a licensed dietitian or healthcare provider.

27.3. User Responsibilities

  • Users must provide accurate information about dietary preferences, allergies, and health needs to ensure the relevance of suggested meal plans.
  • Users agree to review all meal suggestions for potential allergens or unsuitable ingredients.

27.4. Liability Disclaimer

  • FORPARTUM is not responsible for allergic reactions, nutritional deficiencies, or other adverse effects from the use of meal plans.
  • Users acknowledge that the suggestions are general and may not accommodate all individual health circumstances.

27.5. Data Usage

  • Dietary and health-related information provided by users is utilized solely to generate personalized meal suggestions and is not shared with third parties.

28. MOOD, SLEEP, STRESS, ENERGY, AND PAIN & SYMPTOM TRACKERS TERMS AND CONDITIONS

28.1. Purpose

These trackers are designed to help users monitor and better understand their physical and emotional well-being during postpartum recovery. They provide insights to encourage self-awareness and support overall wellness.

28.2. Limitations

  • These tools are not medical devices and should not be used as substitutes for professional healthcare advice or evaluations.
  • Insights are based on user input and may not fully reflect underlying health conditions.

28.3. User Responsibilities

  • Users must provide accurate and detailed information to ensure relevant insights.
  • For severe or persistent symptoms, including significant mood disturbances or chronic pain, users are advised to consult a licensed healthcare professional immediately.

28.4. Liability Disclaimer

  • FORPARTUM is not liable for any outcomes associated with the use of these trackers or the interpretation of their insights.
  • Users acknowledge that the trackers are supplemental tools and not designed to replace professional evaluations.

28.5. Data Privacy and Usage

  • Data entered into the trackers is securely stored and used exclusively for app functionality. FORPARTUM does not share user data with third parties without explicit consent.

28.6. Feature Limitations

  • Insights generated by the trackers are derived from algorithms and user input, serving as general wellness guidance rather than individualized medical assessments.

29. GOVERNING LAW AND DISPUTES

This Agreement will be governed by, construed and enforced in accordance with the laws of the State of Arizona, without regard to its conflicts of law principles or provisions. The State of Arizona shall have jurisdiction to adjudicate disputes.

30. GENERAL

These Terms constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.

31. Contact Us.

If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at support@forpartum.com, and we will make an effort to reply within a reasonable time-frame.