DARING PLAN TERMS OF USE

Last Revised: April 16, 2013

The following terms and conditions govern all use of the daringplan.com website (the "Website") and all content, services and products sold by Daring Plan LLC, including but not limited to the iOS app called Selene Fertility Awareness ("Selene"), (taken together, "Daring Plan Services"). Daring Plan Services are owned and operated by Daring Plan LLC (“Daring Plan”). Daring Plan Services are offered subject to the acceptance by a user of the Services (the "User", or "you") without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Daring Plan’s Privacy Policy) and procedures that may be published from time to time on this Site by Daring Plan (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using Daring Plan Services. By accessing or using any part of the website or downloading any Daring Plan App, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Daring Plan, acceptance is expressly limited to these terms. Daring Plan Services are available only to individuals who are at least 13 years old.

  1. Risk of Use; No Medical Advice. You acknowledge and agree that no Daring Plan Service provides medical advice. You undertake to use and Daring Plan Services under the appropriate advice of a Licensed Physician or Health Care Provider. Daring Plan is not a licensed Health Care Provider.
    • You agree that no method, including any use of Daring Plan Services, can offer certainty at predicting fertility. You accept all risk of error including but not limited to unplanned pregnancy or failure to conceive.
    • In cases where Daring Plan Services display predictions of fertility factors, including but not limited to predictions of ovulation dates and likelihood of fertility on any given day, these are provided as estimates according to the algorithms of published methods by recognized authorities such as Toni Weschler (Taking Charge of Your Fertility) and John and Sheila Kippley (The Art of Natural Family Planning). You acknowledge that these methods are fallible, and you accept all risk of error, whether it arises from your mistaken measurement or recording of fertility signs such as basal body temperature, from flaws in the published algorithms, or from software errors on the part of Daring Plan. Daring Plan Services are provided solely as a convenience for your record-keeping. You accept all responsibility for your actions, guided as appropriate by your Health Care Provider.
  2. Selene User Data. Daring Plan Services may be used to record personal information on your own devices, such as (but not limited to) your phone and personal computer. You agree that you are responsible for maintaining the security of your devices and the data they contain. All user data, including records deliberately entered into Daring Plan Services, passive data such as activity logs and error messages, and any other data related to your use of Daring Plan Services will be handled according to the Daring Plan Privacy Policy available at http://daringplan.com/legal/privacy.php, which is hereby incorporated by reference.
  3. Payment and Renewal.
    • General Terms. Paid upgrades such as unlimited use of the Selene app or pre-paid consultations with expert advisers are available through Daring Plan Services (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Daring Plan the fees indicated for that service. Payments will be charged on a pre-pay basis on the day you purchase an Upgrade and will cover the use of that service for the number of uses or subscription term as indicated, or indefinitely if not otherwise specified. Upgrade fees are not refundable.
    • Automatic Renewal. If you purchase an Upgrade with a specified subscription term, unless you notify Daring Plan before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades with subscription terms can be canceled at any time from within the app where they were purchased.
  4. Intellectual Property. This Agreement does not transfer from Daring Plan to you any Daring Plan or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Daring Plan. Daring Plan, Selene Fertility, the Selene Fertility logo, and all other trademarks, service marks, graphics and logos used in connection with Daring Plan Services are trademarks or registered trademarks of Daring Plan or Daring Plan’s licensors. Other trademarks, service marks, graphics and logos used in connection with Daring Plan Services may be the trademarks of other third parties. Your use of Daring Plan Services grants you no right or license to reproduce or otherwise use any Daring Plan or third-party trademarks.
  5. Advertisements.Daring Plan reserves the right to display advertisements within Daring Plan Services unless you have purchased an Ad-free Upgrade.
  6. Changes. Daring Plan reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Daring Plan Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Daring Plan may also, in the future, add new services and/or features to Daring Plan Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  7. Termination. Daring Plan may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Daring Plan account (if you have one), you may simply discontinue using Daring Plan Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  8. Disclaimer of Warranties. Daring Plan Services are provided “as is”. Daring Plan and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Daring Plan nor its suppliers and licensors, makes any warranty that Daring Plan Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  9. Limitation of Liability. In no event will Daring Plan, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Daring Plan under this agreement during the twelve (12) month period prior to the cause of action. Daring Plan shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  10. General Representation and Warranty. You represent and warrant that (i) your use of Daring Plan Services will be in strict accordance with the Daring Plan Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of Daring Plan Services will not infringe or misappropriate the intellectual property rights of any third party.
  11. Indemnification. You agree to indemnify and hold harmless Daring Plan, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Daring Plan Services, including but not limited to your violation of this Agreement.
  12. Miscellaneous. This Agreement constitutes the entire agreement between Daring Plan and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized member of Daring Plan LLC, or by the posting by Daring Plan of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Massachusetts, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Middlesex County, Massachusetts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Daring Plan may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

These terms are derived from the terms of Automattic Inc, available under a Creative Commons Sharealike license at http://en.wordpress.com/tos/ This modified version is therefore also published under a Creative Commons Sharealike license.