Please read these Terms and Conditions ("Terms") carefully, they constitute a legally binding contract.
By ticking the checkbox provided in the GIA App prior to using the App and submitting your data, you expressly agree to understand and be bound by these terms.
1. Our Contract with you
1.1 These Terms govern the 'GIA' mobile application (referred to as "GIA" or the "GIA App"), including all services provided through the GIA App ("App Services") by us to you. They apply to the exclusion of any other terms you seek to impose or incorporate or which are implied by law, trade custom, practice, or course of dealing. The GIA App is provided and operated by Babatomisin V. Adeniran and Babafemi V. Adeniran (hereinafter referred to as ‘the Owners’ or ‘we’).
1.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty not set out in the Terms.
2. About us
2.1 GIA is a cross-platform mobile application designed to provide its customers with a period tracking service and cycle information. GIA functions by collecting the data you enter regarding your menstruation to quantify menstrual blood loss volume and gather menstrual cyclic information. Using the data entered, GIA aims to detect patterns to help you gain a better understanding into your normal menstrual cycle and equip you with relevant information to communicate with your chosen healthcare provider(s) for appropriate interpretation, which can aid in the diagnosis of any women health issues. We aim to predict when you ovulate, when you start your next period and to quantify your menstrual fluid loss. We are constantly evolving and developing new features for different life stages that allow you to understand your cycle better.
2.2 GIA is a self-management app. This means that the App Services are based on the data you provide, so the information and recommendations available in the GIA App depend on the amount and accuracy of the inputs you choose to record.
2.3 Creating an account. GIA is intended for use on IOS and Android mobile devices. To use the App Services, users will need to create an account. You will need to provide an e-mail address and a personalised password. When you create an account, you assure that all of the information provided is correct and complete. We are not obliged to confirm or accept user registrations and may, at our own discretion, refuse to create an account that may interfere with our App Services. We accept your registration by activating your access to the GIA App and App Services i.e., without a specific written declaration.
2.4 Eligibility. The Services are intended solely for users who are thirteen (13) years of age or older. Any registration, use or access to the App Services by anyone under thirteen (13) is strictly prohibited and in violation of this agreement. To be eligible to use the App Services:
(a) You must be at least 18 years old or at least 13 years old and have the permission of your parent or legal guardian to use GIA's App Services. We provide the App Services on the basis of the deemed consent of your parent or legal guardian. The parent or legal guardian of a minor takes full responsibility for the minor's use of the GIA App.
(b) You must be of legal age to form a binding contract and must agree to be bound by these Terms (or if you are 13 to 17 years old and not of legal age to form a binding contract, your parent/guardian agrees to be bound by these Terms)
If you do not meet any and all of these criteria, please delete GIA App from your system and do not use the App Services. By using the App Services, you agree that you meet the requirements set out above.
2.5 Language. These Terms are made only in the English language.
2.6 Payment and premium features. GIA offers the App Services free of charge. The GIA app can be downloaded free of charge from the relevant app store (if you have an iPhone, the Apple App Store, or if you have an Android phone, the Google Play Store). However, we are constantly developing the App and could offer some paid app functions, content and/or in app product purchases (the "Paid Services") in the future. This may include additional information and/or analysis and/or recommendations. If GIA starts providing Paid Services, you will be notified by e-mail using the e-mail address you provided when you registered for the GIA App.
2.7 Advertisement. To help us provide the App Services, we reserve the right to display advertisements on our App.
3. Scope of application and amendments to these Terms
3.1 We reserve the right to amend or discontinue the App Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the App Services in any way and at any time, with or without notice to you, without liability, except to the extent it terminates the offering of Paid Services in its entirety. Material changes are changes to the type and scope of the contractually agreed App Services. Where we believe that any changes are material, we will notify you by e-mail to the address you have provided us and through in-app notifications, but regardless of whether you receive such notice, any changes will become effective if you use or access the GIA app at any time after such changes are published. However, this does not prevent us from improving our services or including additional features or services within the scope of App Services.
4. App Services
4.1. Contents of the App. The content of the GIA App and App Services, including but not limited to text, graphics, images, advice, recommendations, any information provided by us or partners, sponsors or business partners or any other information which you may obtain in connection with your use of the App Services ("Contents") are provided for your information only. These contents do not constitute professional medical advice, diagnoses, or treatment, and you should not rely on them as such. Your decision to rely on any information you obtain in connection with your use of the App Services is at your sole discretion and risk. While we believe the source of such information is reliable, we take no responsibility for its accuracy or applicability to your situation, and you should review any such information yourself before you make any material decision based on it. If you are a minor, you should review information with a responsible adult - preferably your parent or legal guardian.
4.2. No warranties. You should be aware that we do not promise any particular results or make any promises about the App services regardless of whether you follow all the recommendations contained in the GIA App, and we do not promise absolute precision in the information we provide you about your cycle or body on or through the GIA App. Similarly, we do not guarantee that its prediction on your cycle will always be accurate. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. No advice or information you obtain from us through the GIA App and App Services or in support of the App Services shall create any warranty, presentation or guarantee not expressly stated in these Terms. We make no commitments about the reliability, availability or security of the App Services or their ability to predict your cycles.
4.3. The App Services are not intended to provide medical advice and are not a substitute for a consultation with your healthcare provider. The use of the App Services is at your own risk. Specific medical conditions can only be diagnosed and treated properly by a qualified healthcare professional. Please always consult a qualified healthcare professional for medical advice addressing your needs. If you think that you may have a medical emergency, call your local emergency number or your healthcare provider immediately. This applies to any medical advice you may require related to menstrual, reproductive health and related topics. We strongly recommend that you do not take any actions lightly, but particularly if you are younger than 18 years old, we recommend that you consult with a responsible adult before you take any actions.
4.4. If you feel that using the App Services causes you any physical or mental distress, please stop using the app and seek medical help. We cannot give you medical advice, but if you have any complaints, comments, or feedback on the App Services, you can reach out to us at: support@tellgia.com.
4.5. Descriptions and illustrations. Any descriptions or illustrations on our App are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
4.1 Usage rules. You agree that your use of and conduct on the App Services shall be lawful and will not:
(a) Transfer your user account to third parties
(b) Use the GIA app for anything other than your own private purposes or for such other purposes as we explicitly agree to in writing
(c) Make the access data sent or used for authentication and identification available to third parties or pass them on to third parties
(d) Bypass the access control systems to use GIA services without authorisation
(e) Remove or obscure copyright notices and/or notices regarding trademarks or other intellectual property rights of GIA, companies affiliated with GIA or third parties
(f) Transfer or assign any rights or obligations under these Terms to third parties
(g) Create user accounts by automated means or under false pretences or mislead others as to the origins of your communications
(h) Reveal any information about another individual, including another person’s address, phone number, e-mail address or any information that may be used to track, contact or impersonate that individual
(i) Attempt to impersonate another party
(j) Trick, defraud or mislead other users or us especially in an attempt to learn sensitive account information such as password
(k) Make improper use of GIA’s support services or submit false reports of abuse or misconduct
(l) Create or transmit unwanted electronic communications such as “spam” to other users or members of App Services or otherwise interfere with other users’ enjoyment of the App Services
(m) Copy or adapt the App Services’ software, including but not limited to Flash, PHP, HTML, JavaScript or other code
(n) Disparage, tarnish, or otherwise harm, in GIA's opinion, GIA, the Owners and/or GIA services
(o) Violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity
(p) Reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) or algorithm that the GIA App uses, or any software or other products or processes accessible through the GIA App
(q) except as may be the result of a standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Services, or use or launch any unauthorised script or other software;
(r) cover or obscure any notice, banner, advertisement or other branding on the Services;
(s) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on the use of or access to the Services
4.2 You agree to provide us with such information we may reasonably require to supply the App Services and ensure that such information is complete and accurate in all material respects.
4.3 Each user of the App Services is responsible for taking all reasonable steps to ensure that no unauthorised person has access to his or her password or accounts.
4.4 Potential unavailability. The services may be temporarily unavailable from time to time for maintenance or other reasons, and we point out that complete and uninterrupted availability is not technically feasible. We do not guarantee disruption-free operation or a specific level of availability and shall not be liable for any failure of the GIA App. Such failure may result from any clause, including but not limited to those beyond our reasonable control, such as electronic or communications failure or degradation. You agree that we shall not be liable for any loss of materials, content or any modification, suspension or discontinuance of the App Services. We are not responsible for any technical malfunction or other problems of any telephone network or service, mobile phone equipment, software, failure of e-mail or application on account of technical problems, including injury or damage to your mobile phone or other hardware or software or, related to or resulting from using or downloading the GIA App and or in connection with the App Services.
5. Intellectual property rights
5.1 All intellectual property rights in or arising out of or in connection with the GIA App and App Services, including all content, design, graphics, compilation, magnetic translation, digital conversion, algorithms, and other matters making up the GIA App and App Services, are owned by us. Use of the GIA App does not give you ownership of any intellectual property rights in any of the content, documents, or other material you access. Our posting of information or materials on GIA does not constitute a waiver of any right in such information and materials. The reproduction, processing, distribution or any form and any form of commercial exploitation of all or part of the GIA App, App Services and software requires our written consent.
5.2 As a user, you are granted a simple, revocable, non-exclusive, non-transferable, non-sublicensable license for personal use. You have no right or title in or legal interests in any of our services or software, including information appearing or originating in the App or any other attributes associated with the use of the GIA App and App Services. Intellectual property rights and other applicable laws protect the Service and software. Your right to use Paid Services is not transferable by you and, as with all materials available through the App Services, may not be resold, repackaged, sublicensed or otherwise made available to third parties. You are not permitted to copy, decompile, change, edit, redistribute, publish, sub-licence, lease, rent, assign or otherwise transfer any part of the GIA App or its contents.
5.3 The commercial use or retransmission of the App Services is prohibited. In particular, you may not copy or publish any part of the GIA app.
6. Limitation of liability:
6.1 Our content on the GIA app has been meticulously complied with the greatest care. However, we cannot accept any liability for the accuracy and completeness of the content. We are also in no way responsible or liable for the content you track or otherwise provide in the GIA app. You are solely responsible for the security of your personal user content. Except to the extent required by law, we accept no liability for the deletion, damage, or failure to store user content maintained or transmitted through the GIA app and/or use of the App Services.
6.2 When you use the App Services, you do so expressly at your own risk. The description of our App services is not subject to any guarantees. As mentioned above, we do not guarantee that any of our services can be used to achieve a specific aim, such as that events in your individual menstrual cycle will be correctly predicted or that the App's output is complete and accurate. We have no liability whatsoever for your use or reliance on any product or services you use or encounter on the GIA App.
6.3 In particular, but without limitation, you agree that we are not liable under any theory of law for any compensatory, indirect, specific, incidental, punitive or consequential damages, including but not limited to loss of profits, business interruption, loss of information or data, a failure to deliver, failure to predict your cycle, any information, suggestion or advice found on the GIA App, whether based on breach of Contract, breach of warranty, tort, product liability or otherwise. If you do not agree to these limitations, please do not use our services.
6.4 We expressly point out that any health or period products-related recommendations provided in the context of the App Services are general in nature and aimed at users who are generally healthy and physically and mentally fit. If you choose to follow any such general recommendations, you do so at your own risk. If you have any doubts as to whether this is appropriate for you, please speak to your qualified healthcare providers. This applies to all our users.
6.5 In the event that we are found to have a liability to you, you agree that its aggregate liability for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to us, with respect of the GIA App or the App services, or One Hundred dollars, if greater.
6.6 Nothing in the Contract limits any liability which cannot legally be limited, including liability but not limited to:
(a) personal injury resulting from a breach of duty by us
(b) fraud or fraudulent misrepresentation; and
(c) gross negligence
6.7 This clause 7 will survive termination of the Contract.
7. Termination
7.1 In relation to the free GIA services, you may terminate the contractual relationship with us at any time by deleting your account. Without limiting any of our other rights, we may also suspend the performance of the App Services or terminate the Contract with immediate effect if:
(a) you commit a breach of any term of the Contract
7.2 Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
8. General
8.1 Assignment and transfer. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing to the e-mail you provided to us or by posting a notice on the App if this happens.
8.2 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
8.3 Third-party rights. The Contract is between you and us. No other person has any right to enforce any of its terms.
8.4 Governing law and jurisdiction. These Terms are governed by Nigerian law, and we each irrevocably agree to submit all disputes arising out of or in connection with the Terms to the exclusive jurisdiction of the Nigerian courts.