Terms and conditions

Last Updated: July 4th, 2020

Welcome to YouSoGetMe (YSGM: YouSoGetMe Pty Ltd). Below we have outlined our Terms of Use. Please read them carefully before using our apps, our website, or our marketing products. Acceptance of these Terms of Use and Limitation of Liability constitutes a binding contract between you and YSGM.

Introduction

By entering www.yousogetme.com and/or by downloading or purchasing products and/or services through the mobile app services from YSGM, you are agreeing to be bound by the following statements, unconditionally and in their entirety. If you do not wish to be bound by the following terms and condition, you should exit this site and delete the YSGM app immediately. We reserve the right to change, update, and revise these terms of use at any time at our sole discretion. Please check back often to review any updated terms.Terms

These terms of use (“Terms”) governs each user’s (a “User” or “You”) use of all websites and/or apps owned and/or managed by YSGM (the “Sites”), all content, data and information provided on or through the Sites or services offered by YSGM, including but not limited to YSGM mobile applications (collectively the “Services”) by using a user account (“User Account”) as well as all marketing products (collectively the “Products”) offered by and bought from YSGM. We use the terms: woman, women, she, her, female to mean “the person who menstruates and ovulates”.Subscription Services

All subscription services do not come with any guarantee, please unsubscribe if you are not happy with the service and/or information.

Using Your Personal Data

The app does not collect any personal identifying data or information.

The website does not collect, store or transmit any personal identifying data. Any data submitted on the website will be used for the purposes specified in the privacy policy or in relevant parts of the website.

We may use your personal information to:

  • administer the website and/or mobile app;
  • improve your browsing experience by personalising the website;
  • enable your use of the services available on the website and/or mobile app;
  • send you email notifications which you have specifically requested;
  • deal with enquiries and complaints made by or about you relating to the website and/or mobile app;

Where you submit information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.

About falling pregnant

We use the terms woman, women, she, her, female to mean “the person who menstruates and ovulates” and this definition includes men who menstruate.

YSGM cannot stop pregnancy, only you can. The colours shown on the calendar are indicative only, because every woman is different. By using YSGM apps you also confirm that you are aware the risks may be very small when you use proper contraception and/or use contraception properly, but the risks still exist. For advice on your specific menstrual cycle and pregnancy, you must ask your counsellors or doctors. If you are using YSGM for the purposes of pregnancy prevention or planning, you need to understand your own cycle characteristics instead of relying on a standardised Luteal Phase.

YSGM is not a birth control system and is not to be used to stop pregnancy because, but not limited to:

  • Every woman is different.
  • The same woman can have menstrual cycles of different lengths and durations.
  • Not every woman measures their specific ovulation time.
  • It has been shown that for women with long cycles (35 to 42 days), their Luteal Phase (LP) can be short (10 days) or long (21 days).
  • It has been shown that birth control and condoms are not 100% effective.
  • It has been shown that pregnancy can occur from precum or pre-ejaculate sperm during foreplay, or before or after anal sex or finger sex.
  • There are many people who used the ‘rhythm method’, or the pull-out-early method for birth control and become pregnant. This is usually because of a small amount of precum or pre-ejaculate sperm which often goes unnoticed.
  • It has been shown that sperm can live for 5 days, and if a woman ovulates two days before or a few days after sex, then pregnancy may occur.

Ovulation

If you and your partner plan to have unprotected sex, or if you do not know when your partner ovulates, or you are not planning for a pregnancy or child, then you agree to use Ovulation testing or another suitable method. YSGM uses a standard luteal phase of 14 days and you agree that if your Luteal Phase is not 14 days then you will not use any YSGM app or website.

Use of this site and/or mobile apps

YSGM uses a standard Luteal Phase of 14 days, meaning ovulation occurs 14 days before the next period. If your ovulation is different then YSGM is not suitable for you.

You understand and agree the placement of the YouSoGetMe menstruation information depends on the correct Menstrual Cycle (MC) start date, cycle duration, cycle length being entered by the user in question, and that the MC of said person must be regular; you also understand and agree that if this is not the case, then the methods used to place the Ovulation Day (OD) and Luteal Phase (LP) on the calendar for said person are based on their average calculations for relevant differing MC lengths accordingly, as provided here:

  • MCD: Menstrual Cycle Duration
  • UPL: Usual Period Length
  • PD: Period Duration: from day # to day #
  • ALP: Average Luteal Phase

MCD UPL PD ALP

26 | 5 | 4 -7 | 14

27 | 5 | 4 -7 | 14

28 | 5 | 4 -7 | 14

29 | 5 | 4 -7 | 14

The above are the average calculations used by YSGM to place the period start date, day advice information and next cycle start date on the calendar based on the user-entered period start date, period length, and cycle duration. This therefore places full and complete responsibility on the user for their decisions made based on any information from YSGM apps.

By using YSGM website and/or YSGM apps, the User (You) understand and agree that:

  • The User understands and agrees a woman may fall pregnant on any fertile day during her menstrual cycle with or without birth control and The User is fully responsible for any birth control requirements and consequences of and surrounding any pregnancy and/or birth.
  • The User understands and agrees the systems, algorithms and information provided on YSGM are not to be used as birth control advice.
  • The User understands and agrees that all YSGM material and information is provided for informational and entertainment purposes only on the subject of menstrual cycles and feelings as well as products and services related to same.
  • All content, products, and services are not to be considered as legal, medical nor professional advice and are to be used for personal entertainment purposes only.
  • All YSGM products, information and services are not intended to be purchased or used by minors or anyone under the age of eighteen (18). By entering this site or using a YSGM app, you The User are agreeing that you are over the age of 18.
  • The User understands and agrees that any dispute between yourself The User and YSGM shall be submitted to binding arbitration before the relevant legal service in the state of Queensland, Australia, with the costs thereof to be equally paid by the parties to any such lawsuit during the pendency of the same, however the prevailing party shall be entitled to all costs and attorney fees.
  • The User understands and agrees to the following money-back guarantee policy: Refund requests are managed by the relevant Google Play Store or Apple App Store or can be submitted by email or contact form.
  • The User agrees not to use this site or any products or services provided by YSGM for any illegal purposes.
  • The User understands and agrees that You The User are solely responsible for your actions and the consequences of your actions. YSGM and its representatives, assignees, etc, are not responsible for any potential misuse or inappropriate use of material or information.
  • The User understands and agrees to specifically and without limitation waive any and all rights to seek reimbursement of funds paid to YSGM through any mechanism not specifically provided for in these terms and conditions.
  • The User understands and agrees that any goods or services or information purchased or subscribed to may not be re-sold, shared, rented, distributed to, given to, exchanged with, or transferred to a third party without prior written permission from YSGM.
  • The User understands and agrees that all content and materials available through a YSGM app, including, but not limited to, systems, designs, wording, colors, and graphics, are proprietary trade secrets protected by copyrights, trademarks, service marks, patents or other proprietary rights and by other laws, and that their use is restricted by the terms of this agreement. Use of the content of materials on this site for any purpose without prior written permission from YSGM is strictly prohibited. You further agree that will create no derivate works of this site or the products or services offered within. The user agrees to not copy or clone the services provided by YSGM website or apps.
  • YSGM shall not be liable in any way whatsoever (including, but not limited to, negligence and/or ignorance) for any special or consequential damages or pregnancy resulting from either your use of this site or YSGM apps. This limitation specifically includes, but is not limited to, any circumstance in which YSGM has been advised of potential liability.
  • The User understands and agrees that YSGM cannot stop or aid pregnancy, only You, the User can. The colours YSGM uses are indicative only, because every person who menstruates is different. Accordingly, you understand and agree to wholly and completely indemnify YSGM from any such consequences of your decisions.
  • The User understands and agrees that your use of any YSGM Services and Products shall not be a substitute to regular medical consultations by a physician or other qualified healthcare professional.

Quality of Advice

The information provided by the YSGM service and/or mobile applications is justified by findings from personal interviews and/or peer-reviewed and/or evidence-based research. Not all advice will be applicable to all those who menstruate and ovulate due to diet, stress, BMI and other factors. YSGM does not provide medical diagnosis nor treatment.

The contents of the YSGM Site, such as text, graphics, images, and other material contained on the YSGM Site and/or mobile or web applications (“Content”) are for entertainment purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, nor treatment and is expressly not intended as a guide to inducing or avoiding pregnancy. You, the User agree to seek the advice of your physician or other qualified health providers with any questions you may have regarding family planning, pregnancy or a medical condition. You, the User agree to never disregard professional medical advice or delay in seeking it because of something you have read on YSGM.

Whilst we take all care to provide the most suitable advice, the specific menstruating person in your case is an individual. As such, this advice may not be suitable all the time for that individual.

Usage

YSGM is designed to provide an additional way and information to understand the menstrual cycle, it does not give or make family planning decisions and does not provide any direct action. It is important to understand that information provided by us does not replace the need for regular consultation with your doctor, nor does it replace safe sex practices.

You use any YSGM Service at your sole risk. YSGM, its website and apps are not intended to be a substitute for informed medical advice or care. You The User agree and understand to not use any YSGM information to diagnose or treat any pregnancy-related issues, and that you will consult your doctor or specialist. The information mentioned in YSGM applications is not intended to stop pregnancy.

In using our website, mobile or web apps, you agree that YouSoGetMe Pty Ltd is not responsible for any action taken – or not taken – due to your use of any information presented in our mobile applications. Under no circumstances, shall YouSoGetMe Pty Ltd be liable for any incidental, special, indirect, or consequential damages arising out of or relating to the Users’ use of its mobile applications, information, advice or materials within. The User expressly acknowledges and agrees that the use of YouSoGetMe mobile applications are at their sole risk. YouSoGetMe information is provided “as is” and without warranty of any kind.