Terms of Use
Last updated:
1. Acceptance
By downloading or using Hoo-Ha ("the app," "we," "us," or "our"), you agree to these Terms of Use. If you do not agree, do not download or use the app.
2. Eligibility
You must be at least 13 years old to use Hoo-Ha. By using the app, you represent and warrant that you are 13 years of age or older. If you are under the age of majority in your jurisdiction, you must have permission from a parent or legal guardian.
3. General wellness product — not medical advice
Hoo-Ha is a general wellness product as described in the U.S. Food and Drug Administration's General Wellness: Policy for Low Risk Devices guidance. The app is a personal record-keeping tool. It:
- Is not a medical device;
- Does not diagnose, treat, cure, or prevent any disease, illness, or condition;
- Does not provide medical advice, interpretation, or clinical decision support;
- Is not a form of contraception or birth control and must not be used to prevent pregnancy;
- Generates only estimates and statistical descriptions based on the data you log. Predictions of fertile windows, ovulation, or next period are not reliable for medical or contraceptive purposes.
Always consult a qualified healthcare professional for any medical concern or decision. Do not delay seeking professional advice because of anything you see in the app.
4. Your data and your responsibility
You are responsible for the accuracy of the data you enter and for keeping your device secure. Because the app stores everything locally on your device and we have no servers, we cannot recover your data, backups, or passphrases if you lose your device, delete the app, or forget your backup passphrase.
5. Purchases and the free trial
The app offers a one-time purchase to unlock all features, preceded by a 7-day free trial. All purchases, billing, refunds, and restorations are handled entirely by Apple through the App Store using StoreKit, and are subject to Apple's Media Services Terms and Conditions. We do not process payments, and we do not store payment information.
The one-time purchase is for ongoing access to the version of the app distributed through the App Store; "lifetime" access refers to the operational lifetime of the app, not to any guarantee of indefinite future updates or compatibility with future iOS releases.
6. License
Subject to your compliance with these terms, we grant you a personal, non-exclusive, non-transferable, revocable license to use the app on iOS devices associated with your Apple ID, in accordance with the Apple Media Services Terms and Conditions. You may not reverse-engineer, decompile, modify, sublicense, or redistribute the app except as permitted by applicable law.
7. Acceptable use
You agree not to use the app:
- For any unlawful purpose;
- To prevent pregnancy or as a substitute for any medical device or service;
- To enter or store data belonging to a third party without their consent;
- To circumvent any technical limitations or security mechanisms.
8. Disclaimer of warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APP — INCLUDING ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON THE APP'S ESTIMATES, CHARTS, CORRELATIONS, OR REMINDERS.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from (a) your use or misuse of the app, (b) your breach of these terms, (c) your violation of any law or third-party right, or (d) any decision or action you take based on information shown in the app.
11. Governing law
These terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these terms or the app that is not subject to arbitration will be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of those courts.
12. Dispute resolution; arbitration; class-action waiver
Except for disputes that may be brought in small-claims court, any dispute, claim, or controversy arising out of or related to these terms or the app will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in California or, at your election, in your county of residence. You and we agree that each may bring claims against the other only in your or our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
You have the right to opt out of this arbitration agreement by emailing us at contact@privateperiodtracker.com within 30 days of first using the app, with "Arbitration Opt-Out" in the subject line.
13. Severability
If any provision of these terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
14. Apple-specific terms
You acknowledge that these terms are between you and us, not between you and Apple, and that Apple is not responsible for the app or its content. Apple has no obligation to provide maintenance or support for the app. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
15. Changes
We may update these terms; the current version is always posted here with a new "Last updated" date. Continued use after changes constitutes acceptance.