- Our Terms
All Users are subjected to these Terms upon accessing the App with the intent to access or use the App or lack thereof.
By accessing or using the App, Users accept and agree to be bound by and comply with the Terms. In cases where Users do not agree to be bound by the Terms, they shall not use the App and they shall cease to use App immediately.
- Changes to the Terms
Pepapp reserves the right to update and modify these Terms by informing the Users about updates and modifications.
In case of an update, Users will be notified about changes in advance, and after the implementation of such update, continued use of the App shall mean acceptance thereof.
The definitions given below shall be understood as follows unless specifically stated otherwise.
|Account||An account in the App, allowing the User to access and use the App.|
|User(s)||Any person who interacts with any of the Pepapp’s material supplied through the Application.|
|Force Majeure Event||Floods, earthquakes, or other comparable elements of nature; wars, civil disorders, or revolutions in any country or; any other event beyond the realistic control of the non-performing Party including without limitation failures of the internet or any public telecommunications network, denial of service attacks, virus or other malicious software attacks, given that the non-performing Party fails to avoid or trigger such default or delay and such that the default or delay could not have been avoided nor prevented.|
|Intellectual Property||Registered or unregistered, registerable or un-registrable all intellectual property rights in whole or in part anywhere in the world and herein include without limitation copyright, trade secrets, know-how, business names, trademarks, service marks and patents.|
|Permitted Purpose||Use of the App for the sole purpose of menstruation, ovulation and fertility period tracking.|
|Application||Pepapp’s proprietary mobile Application known as Pepapp, which tracks and gives supportive advice on menstruation, ovulation and period cycle matters, based on the given information by User. Pepapp also offers several premium in-app features, if purchased. In scope of the Terms, Premium Services and Services shall be named as Application, collectively.|
|Premium Services||Pepapp’s Subscription based in-app purchase premium features, namely Pepzine, AstroPep, PepArt, PepClub, PepTalk, PepYogi, FitPep, PepDoc etc.|
|Services||Pepapp’s feature of menstruation, ovulation and fertility period tracking.|
|Subscription||Duration which gives access to Premium Services selected and purchased by User.|
User’s access and use of the App is contingent on signing up for an Account and providing certain relevant information including e-mail address, name, date of birth and any other information deemed necessary.
If User is an EU resident, they shall be at least 16 years old in order to use and create an Account. When parents or legal guardians allow a person under 18 years of age (a “Minor”) signing up to the Application for an Account, they hereby agree to:
(i) oversee the Minor’s use of the App and their Account; (ii) assume all hazards and liabilities arising from the use of the App by the Minor; (iii) ensure that all information submitted by the Minor to is accurate and; (v) provide the consents, representations, and warranties contained in the Terms on behalf of the Minor.
Users agree to keep their Account accurate, complete, and with up to date information and are liable for all activities that take place under their Account and agree to keep the safety and privacy of the username and password at all times.
If a User becomes conscious of or reasonably suspects any violation of safety, including but not limited to any loss, theft, or unlawful disclosure or use of their Account, they must promptly notify Pepapp about the situation. User’s failure to keep their data accurate, complete, and up to date may lead to Account’s termination. Pepapp cannot and will not be responsible for any loss or harm caused by the inability to preserve User’s Account’s safety and password.
Pepapp may reject User’s application for an Account, or cancel an existing Account, for any reason, in its sole discretion.
- In-App Purchase Features, Fees, Payment
Pepapp reserves the change, modify or otherwise alter the functions of the App hereunder. Until then, the Services of Pepapp is offered for free of charge. User may purchase Premium Services while using the App. Each Premium Services are purchased individually, Users are obliged to subscribe and pay for every service separately.
Pepapp currently offers each below-mentioned Premium Services and is entitled to add new Premium Services or remove current ones.:
|Pepzine:||It offers articles about women health, entertainment and give relevant recommendations.|
|AstroPep:||It gives astrological recommendations, considering User’s birth map.|
|PepArt:||It fulfills curiosity by serving new movies, books and music.|
|PepClub:||It shows the advantages, discounts and gifts in shopping.|
|PepTalk:||It gives an instant reply and shares content about User’s mood.|
|PepYogi:||It shows daily yoga practices.|
|FitPep:||It gives daily advice on nutrition, sleep and exercise.|
|PepDoc:||It guides User to communicate with experts to talk about their health.|
5.1. Fee Changes
To the maximum extent permitted by applicable laws, Pepapp may change its price policy and its prices accordingly and may decide free features to become premium at any time. Upon any changes, Pepapp shall give reasonable notice of any such pricing changes by posting the new prices on the App or by sending Users a notification e-mail. In cases where Users who don’t wish to pay the new prices may cancel their Subscription.
Pepapp shall make commercially acceptable attempts for the accessibility of Services except, (i) planned downtime or; (ii) any unavailability precipitated directly or indirectly by conditions beyond Pepapp’s realistic control including a Force Majeure Event or; any violation of these Terms by the User, for which Pepapp shall not be liable.
During the Subscription, except for the reasons herein, the User shall have access to the Premium Services pursuant to the completed purchase and these Terms during the Subscription. Pepapp shall make commercially acceptable attempts for the accessibility of the Premium Services during the Subscription except, (i) planned downtime or; (ii) any unavailability precipitated directly or indirectly by conditions beyond Pepapp’s realistic control including a Force Majeure Event or; any violation of these Terms by the User, for which Pepapp shall not be liable.
- Intellectual Property
All Intellectual Property rights hereunder linked to (i) the App including Services and Premium Services; (ii) the documentation activities; (iii) any updates and upgrades are owned and maintained by Pepapp.
Pepapp shall solely own including without limitation any and all updates, upgrades, modifications, adaptations, or derivatives made from and to the App or any of Pepapp’s Intellectual Property, or other work whether made by Pepapp, by the User or jointly by Pepapp and the User.
- Prohibited Use
The User is not allowed to use the Application (or any part thereof) to (i) infringe any international, federal or local legislation, regulations, rules or ordinances; (ii) infringe upon or violate Pepapp’s Intellectual Property rights or the Intellectual Property rights of others; (iii) upload or transmit from the App any data, files, software or link containing or redirecting to a virus, or other harmful elements that can be reasonably classified as a malware; (iv) submitting false or misleading information; (vi) spam, phish, pharm, pretext, bot, crawl or scrape for any scandalous, obscene or immoral purpose; (vii) interfere with or circumvent the safety measures of the App; (viii) attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the App or; (ix) access the App for the purpose of building a competitive product or service or copy any idea, feature, function, or graphic of the App in addition to any provisions set forth in these Terms.
- Representations and Warranties
User hereby represents and warrants to the Pepapp that, (i) User has the necessary power and authority to be bound by these Terms; (ii) the compliance with these Terms and fulfillment of obligations here under do not and will not, to the best of each their knowledge, infringe any other agreement to which it is a party; (iii) no other restriction, limitation or contractual or statutory obligation exists, including without limitation the development and advertising of internet products, preventing the User from fulfilling their obligations hereunder and; (iv) when agreed upon by the User, these Terms constitute a legal, valid and binding obligation.
Pepapp hereby represents and warrants to the User that, (i) it will have all necessary rights, licenses, know-how, expertise and experience needed to provide the App hereunder; (ii) is the sole proprietor or is the licensee of the Platform and its Intellectual Property rights and has complete legal rights, licenses and authority to provide the User with the App as provided herein; (iii) the App shall comply with all relevant legislation and regulations when used by the User in accordance with these Terms.
The User represents and warrants to Pepapp to use the App as defined by these Terms and shall not interfere with the integrity or performance of the App as articulated by the Prohibited Uses.
Except as expressly set forth herein, Pepapp does not warrant or make any representations regarding (i) the results obtained from the use of the App will be wholly accurate, entirely reliable, on time, complete or truthful or; (ii) the quality of any products, Premium Services, information, or other material acquired or obtained by the User through the App will meet its expectations, or that any faults in the App will be amended and; (iii) the Application will be on an uninterrupted, secure or error-free basis.
Any and all instructions or advice of similar nature shall not be understood as medical advice and Pepapp shall not be responsible for any negative outcomes that may be associated with advice referred herein.
Pepapp may, at its sole discretion, at any moment without notice to the User, correct, alter, change, enhance, improve, update, upgrade and make any other modifications.
The User shall defend, indemnify and hold harmless Pepapp and its directors, officers, affiliates, shareholders, employees, agents, representatives and/or independent contractors from and against all costs, damages and losses, including legal expenses, resulting from any claim by third parties that, (i) User’s use of the App or other material infringes any rights of third parties, including without limitation, breach or violation of the Intellectual Property or privacy rights of such third parties; (ii) the content of the User or other material on the App of the User is obscene, defamatory, illegal, unethical, or promotes illegal conduct and; (iii) that User has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms and; (iv) arises from the breach of or presumed infringement by the User of any of its representations, warranties, and/or responsibilities under these Terms.
- Governing Law
If any part of these Terms is found to be unlawful, void or otherwise unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only.
The unlawfulness, invalidity or unenforceability of such a clause shall in no way influence or render any other part of these Terms, unlawful, void or otherwise unenforceable, generally, shall be reformed, construed and implemented in such a way that the intent of the Parties as conveyed in Subscription or these Terms to its nearest lawful effect.
In any other jurisdiction, the fact that any provision of these Terms is held to be unlawful, void or otherwise unenforceable shall have no effect on the legality, validity or enforceability of such provision.
- No inability by Pepapp to exercise any right, power or remedy any of these Terms shall act as a waiver.
- Nor Pepapp, neither User shall be responsible for any error or delay in fulfilling any of their corresponding obligations if a Force Majeure Event prevents them from doing so.
- The Application may offer connections to websites or services of third parties which may be embedded that Pepapp does not own or control.
- Pepapp has no influence over the material, privacy policies or procedures of any third-party websites, or services and takes no accountability for them. Furthermore, the User recognizes and agrees that Pepapp shall not be liable, directly or indirectly, for any harm or loss induced or presumed to result from or in contact with the use or dependence on any such material, products or services accessible on or through any such website or service.
- Unless the context requires, (i) the singular includes the plural and vice versa; (ii) if any act which shall be performed in accordance with these Terms is to be done on a day that is not a Business Day then the act must be performed on or before the next Business Day; (iii) a reference to any legislation or law includes all amendments, consolidations or other provisions thereof.
For any feedback, questions or comments about the Application and these Terms, User may reach Pepapp via [email protected].