Privacy Policy
& Terms of Service
Privacy Policy
Effective: March 2019
1. Introduction
This Privacy Policy (“Policy”) describes the type of information that [Women Help Women] (“Women Help Women,” “we” or “us”) (the “Company” or “we”) gathers from users of the Euki app (which we call the “App”). If you have any questions about this Policy, we encourage you to contact us at [eukiapp@protonmail.com].
We greatly respect your privacy and personal information. This Policy sets forth our commitments with regard to your privacy. It’s important that you read this Policy because by using the App, you consent to the privacy practices described in this Policy.
2. Information We Obtain and How It Is Used
We do not collect any personal or other information from users (including through users’ use of the App), except for Voluntary Information, as defined and described in more detail below.
When you voluntarily contact customer support or communicate with us in in writing (independently from the App), we will have access to the information you choose to share with us (such information, “Voluntary Information”). Rest assured, if you contact us with for assistance or with questions via email, we will retain your email solely for the purpose of responding to your request and as might be required to comply with applicable laws. Other than in those cases, we do not collect, retain or share personally identifiable information that specifically identifies an individual (such as a name, address, date of birth, telephone number, e-mail address, social security information, or other information that permits identification of you), information about that individual’s location, or any other user information. The App does not collect, and is not capable of collecting, any user information.
You do not need to register to use the App. You may elect to set up a Personal Identification Number (PIN), which is not recorded in any way by the App. If you forget your PIN, you will not be able to retrieve your PIN and will need to start over with a new PIN.
We respect your privacy. So, we’ll say it again - the App does not collect personally identifiable information or anonymous information automatically, such as the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App.
If and only to the extent you provide us with any Voluntary Information, we may share such information only in the following ways:
• as required by law, such as to comply with a subpoena, or similar legal process; or
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
3. Links and Referrals to Other Applications or Services
The App may link to or refer to mobile device applications, websites or services that we do not control. Any personal information you provide on or to the linked or referred pages or services is provided directly to such third parties and is subject to such third party provider’s privacy policy. Among other things, you may use our App to link to or contact outside hotlines, health facilities, or call centers (“Hotlines”) or other third party resources, which may or may not collect any personal information from you. Your use of any Hotline or third party resource is at your own discretion and risk and pursuant to the privacy and data collection policies of the Hotline or other third party. We do not administer any Hotline and have no responsibility for the collection or use of any personal information conveyed to or through any Hotline. This Policy does not apply to any Hotline or any other applications, and we are not responsible for the privacy practices or content of any application not controlled by us. As always, we encourage you to review the privacy policies of every third-party service that you visit or use, including the Hotline and any other third parties you interact with through the App.
4. How Long We Keep Your Information
We may retain aggregated, anonymous data perpetually and may store it in aggregate. We may also retain certain information in backup for a limited period of time or as required by law.
5. Changes To This Privacy Policy
We may change this Policy from time to time. But, when we do, we will notify you by changing the “Last Revised” date at the top of the Policy that’s available on the App. Any such changes will automatically apply to all uses of the App on or after that effective date (until such time as the Policy is subsequently revised). You should consult this Policy regularly for any changes because continued use of the App following posting of these changes indicates your agreement with such changes.
6. Your California Privacy Rights
California Do Not Track Notice:
The App does not track its users to provide targeted advertising and, therefore, does not respond to Do Not Track signals. However, if you access any third party site through the App, please be aware that those third parties may track its customers.
California Disclosure Information:
We do not collect any personally identifiable or other information through your use of the App. Accordingly, we therefore will not disclose your personally identifiable information to any third parties for their marketing purposes. Nonetheless, California residents are entitled to receive the following disclosure information under California law:
Under California Law, California residents have the right to request in writing from businesses with which they have an established business relationship, (1) a list of the categories of personally identifiable information, such as name, address, date of birth, social security number, email address, and any other types of personally identifiable information that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. We will respond to such written requests within 30 days following receipt at the email or mailing address specified below under “Contact Us”. If we receive your request at a different email or mailing address, we will respond within a reasonable period of time, but not to exceed 150 days from the date received. Please note that we are required to respond to each customer only once per calendar year.
We comply with state and federal rules of the United States regarding the collection, use and retention of personally identifiable information and data. The recipients of users’ personally identifiable data, and more generally these disclosures, may be located in the United States or other jurisdictions that might not provide a level of protection equivalent to the laws in your jurisdiction. If you submit personally identifiable data to us, you consent to the transfer of such personally identifiable data outside your jurisdiction.
7. How to Contact Us
If you have any questions, comments, requests, or concerns related to this Policy or the privacy practices for our App, please contact us at:
[eukiapp@protonmail.com]
Terms of Service
Effective: March 2019
Welcome!
We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship. We have tried our best to strip the legalese from the Terms, but there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms do indeed form a contract between you and Women Help Women (“us” or “we”), so please read them carefully.
By using the Euki app (which we call the “App”) or any of our other products or services that are available through the App (we refer to these simply as the “Services”), you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services. We encourage you to periodically review these Terms, as we may update them from time to time. And your use of the Services after any such update confirms your agreement to follow those updated Terms.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND WOMEN HELP WOMEN AGREE THAT DISPUTES ARISING OUT OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND WOMEN HELP WOMEN WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Your Promise to Us
We are relying on your below statements, so please read these terms carefully. By using the Services, you state that:
· You will use the Services solely for your personal use and only where permitted by applicable law.
· Any information you submit via the Services is truthful and accurate.
· You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
· You will comply with these Terms and all applicable laws, rules, and regulations.
· You are capable of entering into a legally binding agreement, and these Terms are binding and enforceable against you.
In short, you may not use the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
2. The App Is A Secondary Reminder Tool
The App is a backup reminder system that you can personalize for taking your medications. It is not and you should not rely on it as your primary tool for determining whether and when to take medication or as a substitute for medical advice. The App might not function as intended. Specifically, the App will not function properly if your device is broken or powered off, if the App software is not enabled or if any hardware or software on your device prevents the App from operating as intended. The App, and the utility of any of its alerts or notifications, depends on information that you input into the App. You are responsible for ensuring that the correct medication is taken at the proper times and in the proper dosages. By using the App, you assume full responsibility for your use of the Services.
3. Content; No Medical Advice
Information, recommendations, text, graphics, software, and other materials (which we refer to as “Content”) is made available by us through the App. We do not guarantee and are not responsible for the accuracy, completeness, or timeliness of any Content. All Content is provided for informational purposes only.
WOMEN HELP WOMEN IS NOT ENGAGED IN RENDERING MEDICAL, HEALTH, DIAGNOSTIC, TREATMENT OR SIMILAR HEALTHCARE ADVICE OR SERVICES VIA THE APP OR CONTENT. No Content is or should be considered, or used as a substitute for, medical advice, care, diagnosis or treatment.
Women Help Women does not recommend, prescribe, dispense, or refill prescriptions or medications. The provision of information about or the enablement of the reminder system with respect to any drug or product is not a recommendation or endorsement by Women Help Women or the App for such drug or product. We cannot – and do not – take responsibility for your reliance on any Content provided by us through your use of the App.
Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding personal health, medical conditions, or drugs or medications and before commencing or discontinuing any course of treatment, drug, or medication. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider, including as a result of any Content or other information you receive or obtained through the use of the App. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are experiencing a medical emergency, please immediately call for emergency medical help. You represent to us (which representation shall be deemed to be made each time you use the App) that you are not using the App, the Services or the Content for the purpose of seeking medical advice, care, attention or treatment. Any reliance on the Services, the Content or any material or information on the App is at your own risk, and Women Help Women specifically disclaims all responsibility for any liability, loss or risk, personal or otherwise, that is incurred as a consequence, directly or indirectly, of the use or application of any of the foregoing.
4. Content Ownership and Rights We Grant You
The App and all Content on and accessible through the App, including, without limitation, the Women Help Women trademark and logo, the Euki trademark and logo, and all designs, text, graphics, pictures, and the selection and arrangement thereof (collectively, the “App Materials”) are the proprietary property of Women Help Women or its licensors and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the App solely for the purposes outlined in these Terms. This license for the sole purpose of letting you personally use the Services in a way that these Terms allow.
You may not copy, modify, distribute, sell, or lease any part of the App Materials or our Services, nor may you reverse engineer or attempt to extract the source code underlying the App, unless laws prohibit these restrictions or you have our written permission to do so.
5. The Content of Others
Much of the Content on or accessible through the App (including via website links) may be produced or owned by third parties. Such data and Content is the sole responsibility of the person or organization that provided or created it. Although we reserve the right to review or remove any content that appears on the Services, we cannot—and do not—take responsibility for any content that others provide through or that is accessible through the Services.
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we may jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Women Help Women is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
6. Privacy
Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy, available in Euki. We encourage you to give the Privacy Policy a careful look.
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. One of the options we provide for security is the ability to create a restricted area by setting a passcode, in the form of a PIN. This is similar to the device-lock option you may be using on your mobile device; by setting a passcode, you make it less likely that another person who gets ahold of your device will be able to see what you saved to the restricted area of the App. IF YOU LOSE OR FORGET YOUR PIN, OR IF YOU ENTER THE WRONG ONE TOO MANY TIMES, YOU WILL LOSE ACCESS TO ANY CONTENT YOU SAVED IN THE APP.
7. Disclaimers
Your use of the App is at your own risk. You must consult with qualified healthcare providers and make your medical decisions based on their advice. Women Help Women cannot and does not accept any liability in respect of any activities that you may undertake through using the App.
NEITHER WOMEN HELP WOMEN NOR ITS LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE APP. ANY ACTIONS YOU TAKE BASED ON CONTENT, NOTIFICATIONS, AND OTHERWISE PROVIDED BY THE APP ARE TAKEN AT YOUR SOLE RISK AND WITHOUT LIABILITY TO WOMEN HELP WOMEN OR ITS LICENSORS. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE APP TO ENSURE ITS ACCURACY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WOMEN HELP WOMEN NOR ITS LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR ANY CONTENT OR SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WOMEN HELP WOMEN AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED OR STATUTORY WARRANTIES (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APP; OR (II) THAT THE APP WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT PROVIDED BY OR THROUGH THE APP. NO COMMUNICATION, INFORMATION, OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE, WHETHER WRITTEN OR ORAL, WILL CREATE ANY WARRANTY. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO AT YOUR OWN RISK. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
HEALTH INFORMATION MUST BE INTEGRATED BY HEALTHCARE PROVIDERS INTO THE GENERAL CLINICAL RECORD FOR INDIVIDUALS UNDER THEIR SUPERVISION AND CORRELATED WITH OTHER CLINICAL DATA AS REQUIRED BY PROFESSIONAL STANDARDS IN THE HEALTHCARE PROVIDER’S DISCIPLINE. USE OF DATA ACCESSED BY MEANS OF THE APP, AS WELL AS TREATMENT DECISIONS BASED ON SUCH INFORMATION, ARE THE SOLE RESPONSIBILITY OF THE HEALTHCARE PROVIDER, AND NEITHER WOMEN HELP WOMEN NOR ITS LICENSORS ASSUMES ANY LIABILITY IN RESPECT THEREOF.
In addition, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our (or our licensors’) liability will be the minimum permitted under such applicable law.
8. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur in connection with using our Services, including data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
9. Modifications; Termination
We reserve the right to modify the App or the Services at any time, without notice to you. We may also from time to time amend these Terms prospectively. If we do so, we will post the amended Terms on our website or mobile applications. You agree that your continued use of the App constitutes your agreement to the amended Terms. If you do not agree to any amended Terms that we publish, you must terminate your account and cease using the App and the Services. Except as set forth above, these Terms may be amended or modified only by an express writing signed by Women Help Women.
You can terminate your agreement with these Terms at any time and for any reason by deleting your account.
Women Help Women may also terminate our agreement under these Terms at any time, for any reason, and without advance notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services.
Sections 2-5, 7, and 9-14 of the Terms, any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination or expiration of these Terms.
10. Indemnity
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Women Help Women, its licensors, and our respective affiliates, directors, officers, stockholders, members, employees, licensors, licensees, and agents, from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the App or the Services; (b) your violation of any law, rule or regulation; or (c) your breach of these Terms.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WOMEN HELP WOMEN, ITS LICENSORS, OR OUR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, STOCKHOLDERS, MEMBERS, EMPLOYEES, LICENSORS, LICENSEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS, THE APP, THE APP MATERIALS OR THE SERVICES, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR AND EACH OF OUR LICENSOR’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE APP, THE APP MATERIALS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THE PRIOR YEAR (OR, IF YOU ARE A NON-FEE PAYING USER, TO THE AMOUNT OF $100).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Any claims arising in connection with your use of the App must be brought within one (1) year of the date of the event giving rise to such claim. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms, even if the applicable remedy under these Terms fails of its essential purpose.
12. Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES ARISING OUT OF THE SERVICES THROUGH BINDING ARBITRATION.
We will attempt to resolve disputes with users to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and us, you agree that any disputes arising out of or relating to the App, the Services or these Terms (including the validity and scope of the agreement to arbitrate and any disputes with other users of the App or the Services) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in Boston, MA, unless the AAA or the arbitrator shall determine that venue in such city is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. The arbitrator may render early or summary disposition of some or all issues, after the parties have had a reasonable opportunity to make submissions on these issues. At our option, this provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets (collectively, “IP Claims”). In addition, you or we may elect to bring an individual claim in a small claims court, but we do not hereby agree to any personal jurisdiction that is otherwise lacking.
You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US.
If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire section shall be deemed invalid and the arbitration clause shall be void.
13. Governing Law and Jurisdiction
You and we each agree that all disputes or other matters arising from or relating to these Terms, or the use or operation of the App or the Services, will be governed by the substantive laws of the Commonwealth of Massachusetts, U.S.A., without regard to its or any other jurisdiction’s conflicts of laws principles that would apply another law. The United Nations Convention for the International Sale of Goods is hereby disclaimed.
With respect to any IP Claims (as defined above) that are not subject to arbitration under the above provision, you hereby consent to non-exclusive jurisdiction and venue in any federal or state court located within the Commonwealth of Massachusetts, U.S.A., with respect to any suit, claim or cause of action arising from or relating to the App, the Services or these Terms, and you shall not bring any such suit, claim or cause of action except in a court located within the Commonwealth of Massachusetts, U.S.A.
14. Final Terms
· These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Women Help Women, and supersede any prior agreements.
· These Terms do not create or confer any third-party beneficiary rights, except that Women Help Women’s licensors are an intended third party beneficiary of these Terms.
· If we do not enforce a provision in these Terms, it will not be considered a waiver.
· We reserve all rights not expressly granted to you.
· You may not transfer any of your rights or obligations under these Terms without our consent.
· If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Contact Us
Women Help Women welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing eukiapp@protonmail.com.