Terms of Service | HerCare — Women's Health & Cycle Companion

1. Acceptance of Terms & Age Eligibility

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User” or “you”) and HerCare Technologies Inc. (“HerCare”, “we”, or “us”) governing your download, access, and use of the HerCare mobile application (com.hercare.app) and related online services (https://thehercare.in).

Age Restriction & Eligibility Threshold: You must be at least 13 years of age (in the United States) or at least 16 years of age (in the European Union or United Kingdom) to create an account or use HerCare. By using HerCare, you represent and warrant that you meet this minimum age qualification.

2. Critical Health, Fertility & Medical Disclaimer

MANDATORY MEDICAL NOTICE: HerCare is an educational self-tracking and lifestyle wellness tool. HerCare is NOT A MEDICAL DEVICE, does not practice medicine, and does not provide clinical diagnosis, medical prescriptions, or therapeutic treatments.

Not Contraception: HerCare and its estimated fertile windows, ovulation forecasts, or cycle countdowns MUST NEVER BE USED AS A METHOD OF CONTRACEPTION OR BIRTH CONTROL. We cannot and do not guarantee the prevention or achievement of pregnancy.
Statistical Estimations: Human biology is influenced by illness, medication, stress, nutrition, and endocrine variations. Predictions are statistical approximations and must not be treated as absolute guarantees.
Medical Emergencies: If you experience severe, sudden, or acute pelvic pain, abnormal hemorrhaging, or symptoms of ectopic pregnancy, immediately call your local emergency services (e.g. 911 / 112 / 108) or visit the nearest hospital emergency room.

3. User Accounts & Cryptographic Responsibilities

When creating an account with HerCare, you agree to provide authentic information and safeguard your authentication credentials:

You are solely responsible for maintaining the confidentiality of your credentials and all actions taken under your account.
Because HerCare employs client-side cryptographic keys for private journal notes, you are responsible for maintaining your device security. We cannot recover lost local encryption keys if your device is reset without an account backup.
You agree to notify us immediately at hello@thehercare.in of any unauthorized use or credential compromise.

4. Premium Subscriptions, Billing & Auto-Renewal Terms

HerCare offers optional Premium membership subscriptions (e.g., ₹399/month or localized annual equivalents) unlocking advanced pattern correlation, partner empathy sync, and clinical health intelligence.

In-App Billing Channel: All mobile subscriptions are processed, billed, and managed directly through Google Play Store (Google LLC) or Apple App Store (Apple Inc.). HerCare never directly collects or stores your credit card number or bank details.
Auto-Renewal Policy: Subscriptions automatically renew for successive billing periods unless cancelled at least 24 hours prior to the conclusion of the current subscription cycle. Your Google Play or Apple account will be charged for renewal within 24 hours prior to the end of the current period.
1-Tap Cancellation: You can cancel your subscription at any time directly through your smartphone's operating system settings:
- Android: Google Play Store > Profile > Payments & Subscriptions > Subscriptions > HerCare > Cancel Subscription.
- iOS: iPhone Settings > Apple ID > Subscriptions > HerCare > Cancel Subscription.
Account Deletion Notice: Deleting your HerCare account or uninstalling the application does not automatically cancel an active store subscription. You must cancel the subscription through Google Play or Apple to prevent future automated billing.
Refunds: Refund requests are governed strictly by Google Play and Apple App Store refund protocols.

5. Non-HIPAA Covered Entity Clarification

HerCare is a direct-to-consumer software application and wellness technology provider. HerCare is not a HIPAA-covered entity (Health Insurance Portability and Accountability Act) nor a business associate of a medical provider. While we enforce enterprise-grade AES-256 encryption and zero-knowledge standards that often exceed HIPAA technical safeguards, our relationship with you is governed by our Privacy Policy and applicable consumer health data privacy laws (such as Washington MHMDA and GDPR).

6. Acceptable Use Guidelines

You agree not to use HerCare for any unlawful, predatory, or unauthorized purposes. Specifically, you agree not to:

Reverse engineer, decompile, disassemble, or derive source code from any portion of the application.
Probe, scan, or test the vulnerability of our Supabase PostgreSQL infrastructure, Row-Level Security policies, or APIs.
Harass, stalk, or transmit non-consensual tracking data to any third party using the Partner Connect feature.
Deploy automated scrapers, crawlers, or harvesting bots on our website or mobile API endpoints.

7. Advisory Intelligence & Educational Guidance Limitations

HerCare’s digital advisory features synthesize peer-reviewed medical and nutritional literature to deliver general wellness insights. These summaries are algorithmic, non-individualized educational references. They do not constitute an ongoing doctor-patient relationship, telemedicine, clinical triage, or personalized therapeutic prescriptions. Always review medical concerns with a licensed physician.

8. Intellectual Property & Brand Rights

The HerCare wordmark, heart logo mark, illustrations, 3D interactive models, algorithms, and application interface are the exclusive intellectual property of HerCare Technologies Inc. and are protected under international copyright, trademark, and trade dress statutes.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HERCARE APPLICATION AND WEB SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CYCLE ACCURACY, OR UNINTERRUPTED AVAILABILITY.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER GOVERNING JURISDICTIONS, IN NO EVENT SHALL HERCARE TECHNOLOGIES INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR CLINICAL ADVISORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR INABILITY TO USE THE SERVICES, INCLUDING CYCLE MISCALCULATIONS, UNPLANNED PREGNANCIES, EMOTIONAL DISTRESS, OR HARDWARE DISRUPTIONS. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO HERCARE OVER THE PRECEDING SIX (6) MONTHS.

11. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with applicable laws, without giving effect to conflict-of-law principles. Any disputes arising from these Terms or use of the application shall be resolved through good-faith informal negotiations, or if unresolved, through binding individual arbitration under standard commercial arbitration rules.

12. Legal Inquiries & Contact Notice

For legal notices, contractual questions, or institutional inquiries, please contact our legal department:

HerCare Technologies Inc. — Legal & Regulatory Affairs
Email: hello@thehercare.in
Support: hello@thehercare.in
Official Web: https://thehercare.in

HerCare Terms of Service