Clatch: Terms of Service

Last update July 4, 2024
§ 1 General Information
1.1. These Terms of Service (hereinafter referred to as "Terms") govern the "Clatch" mobile application (referred to as "Clatch" or the "Clatch App") including all services provided through the Clatch App and the Clatch website ("Clatch Services") (hereinafter referred to as "Clatch" or "we").
1.2. In addition to these Terms, the Privacy Policy available at details your and our respective rights and obligations in connection with applicable data protection laws, in particular regarding the processing of your sensitive health data. Information about how to exercise your right of revocation under German law (to the extent applicable) is listed at the end of these Terms under § 12.
1.3. The Clatch Services provide people with cycles information and insights about menstrual and reproductive health from menarche to menopause. Clatch is intended to be used as an application on mobile devices. By tracking the cyclic changes in your body, you can detect patterns, improve your wellbeing, and notice when things are not "normal" for you. We are always developing new features for different life stages that allow you to understand your body better. You can find general information about the Clatch App as well as different menstrual, sexual and reproductive health and wellbeing topics on the Clatch website (details regarding the scope of the services provided through the Clatch App are set out under § 4 of these Terms).
1.4. Notwithstanding the requirement for a valid consent to processing your personal data under our Privacy Policy, you must be at least 18 years old (minimum age) to use Clatch's Paid Services (see § 6 below). If a minor (a person reaches majority at 18 under German law) uses Clatch's Paid Services, we provide the services on the basis of the deemed consent of their parent or legal guardian, both to these Terms and to the use of the Clatch App. Such consent is obtained when an account is created prior to first use of the app. The parent or guardian takes full responsibility for the minor's use of Clatch's paid services.
(Consent regarding the processing of data in accordance with the applicable data protection laws is obtained separately, see section 9 of our Privacy Policy)

§ 2 Scope of application and amendments to these Terms
2.1. By using the Clatch Services, you agree to these Terms.
2.2. We will always ask for your consent to material changes to these Terms if they affect any Paid Services (see § 6). Material changes are changes to the type and scope of the contractually agreed Paid Services, or the duration and termination of the contract. However, this does not prevent us from improving our services or including additional features or services within the scope of Paid Services.
2.3. We may make non-material amendments to these Terms at any time. We may implement non-material changes without notice or stating further reasons. There are no oral or written side agreements under these Terms.

§ 3 Disclaimer
3.1. The Clatch Services are not intended to provide medical advice. For medical advice that addresses your specific, individual needs, please always consult a qualified healthcare professional.
When using Clatch Services, you agree to use the respective service only for the intended purposes as described in these Terms.
3.2. Clatch is no substitute for a consultation with your healthcare provider, and the use of the Clatch Services is at your own risk. Specific medical conditions can only be diagnosed and treated properly by a qualified healthcare professional. If you feel that the use of the Clatch Services causes you any physical or mental distress, please stop using them and seek medical help. We cannot give you medical advice, but if you have any complaint, comment or feedback on the Clatch Services, you can reach out to us: go to the More menu and then select Support to submit a question or comment to our Clatch Support team.

§ 4 General scope of services of Clatch
4.1. Clatch is designed to provide general information about menstrual and reproductive health and related topics. The app collects the data you enter, for example on menstrual cycles, physical activities, health and medications, pregnancy, and other data about the body. These data allow statistical and algorithmic data processing that can show you patterns in your menstrual cycle or pregnancy.
4.2. Clatch is a self-management app. This means that Clatch's services are based on the data that you provide, so the information and analysis available in the app depends on the amount and accuracy of the inputs you choose to record.
4.3. Clatch is intended for use on iOS and Android mobile devices in the following app versions:
(a) Usage with an account (requiring registration): In this case, the data is stored both locally on your mobile phone and on our servers, so that the service can be used on multiple logged-in devices ( Clatch as an online service ). Further details regarding the registration process can be found in § 5 of these Terms.
(b) Usage without creating an account (without registration): In this case, the data is only stored locally on the memory of your mobile phone ( Clatch as a local service ) - this service is no longer available to new users.
4.4. Clatch offers some functions and content free of charge ("Clatch", or the "basic" Clatch App), while access to more extensive functions and content is paid (the "Paid Services", see § 6 below). The basic Clatch app can be acquired 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). In addition, you can purchase the Paid Services.
4.5. In order to help us continue to provide the Clatch Services, we reserve the right to display advertisements on our website or in our app. We may also offer the opportunity to donate via the website or app, so that you can support our services and mission.

§ 5 Creating a Clatch account
5.1. Today, Clatch exists only as an online service. To use Clatch, you need to create an account. This requires an acceptance of these Terms and consent to data processing under the terms of our Privacy Policy, including all documents, declarations and consents included therein by reference. Furthermore, you will need to provide a username, email address, and a personalized password. In addition, you can provide other information as part of your onboarding, in order to personalize your Clatch experience from the start. Account creation is completed when you click on the link in the confirmation email sent to your email address, confirming your account.
5.2. Alternatively, you can create an account using your Apple, Google or Facebook login details, which automatically transfers your relevant personal information.
5.3. When you create an account, you assure that all of the information you provide is correct and complete. We recommend that you secure your data as permitted by your device (and detailed in the Privacy Policy, e.g. PIN, Face ID or Touch ID).
5.4. 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 the Clatch Services. We may accept your registration or order by activating the relevant service, i.e. without making a specific written declaration.

§ 6 Your rights and duties as a user
6.1. You may not transfer your user account to third parties. You may only use Clatch for your own private purposes or for such other purposes as we explicitly agree to in writing (for example, if you are an academic researcher and we enter into a research collaboration agreement).
6.2 Furthermore, you are not permitted to
  • make the access data sent or used for authentication and identification available to third parties or to pass them on to third parties;
  • bypass the access control systems of paid services or to take other measures in order to use services without authorization;
  • remove or obscure copyright notices and/or notices regarding trademarks or other intellectual property rights of Clatch, companies affiliated with Clatch or third parties;
  • transfer or assign rights or obligations under these Terms to third parties.
6.3. When using the Clatch App and services provided through the app, you must observe your contractual obligations with third parties, in particular your internet access provider and the relevant app store operator.
6.4. For the best experience of the Clatch Services, you must regularly update your operating systems and the version of the Clatch App on your device. It is also possible that certain activations may be required to make full use of the service. From time to time, the Clatch App may automatically download and install updates and upgrades without specifically informing you. These updates are intended to technically improve and/or enhance the software and service. You agree that we may implement such updates as part of your use of the ClatchServices.
6.5. You are only entitled to a right of set-off insofar as you may have legally established a counterclaim against us, or we do not dispute such counterclaim. A right of retention arises only if and insofar as the counterclaim is based on the same contractual relationship.

§ 7 Copyright
7.1. All of the content that we make available within the Clatch App or on our website is subject to international copyright law unless otherwise indicated. The reproduction, processing, distribution and any form of commercial exploitation of the content, services and software requires our written consent.
7.2. The use of the services (and/or the provision of input information) does not give you any legal rights, titles or legal interests in our services or software. The service and software are protected by copyright law, trademark law, intellectual property rights and other applicable laws.
7.3. The Clatch app is a copyright protected software program. You as a user are granted a simple, non-exclusive, non-transferable and revocable right for personal use. You are not entitled to decompile, change or edit the App beyond the extent permissible by law. You are not permitted to lease, rent or otherwise transfer the app and/or its contents.
7.4. The commercial use or retransmission of the Clatch Services is prohibited. In particular, you may not copy or publish any part of the Clatch App or website.
7.5. We use anonymous information from your usage of the Clatch Services so that we can continue to improve them and for scientific research. We process personal information for these purposes also, as set out in detail in our Privacy Policy, which you also consent to when you create a Clatch account and use the Clatch App. In addition, you agree that
by creating an account and using Clatch, you grant us permission to use your anonymous information to improve the Clatch Services for all users and advance scientific research.

§ 8 Liability
8.1. The content that we provide in the Clatch Services has been compiled with the greatest care. However, we cannot accept any liability for the accuracy, completeness and currency of the content. We are also in no way responsible or liable for the content you track or otherwise provide in the Clatch App ("user content"). 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 use of the ClatchServices.
8.2. When you use the Clatch Services, you do so expressly at your own risk. The descriptions of our different services - whether the basic free Clatch App. We give no 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 Clatch's outputs are complete and accurate.
8.3. We expressly point out that any health-related recommendations provided in the context of the Clatch Services are general in nature, and aimed at users who are generally healthy and physically and mentally fit. We give references to published research and other sources wherever possible, so that you can find out more and evaluate the information for yourself. If you choose to follow any such general recommendations, you do so at your own risk. If you have any doubt as to whether this is appropriate for you, please speak to your qualified healthcare provider. This applies especially if you are pregnant or breastfeeding.
8.4. Any liability in respect of contractual or other claims made by you as a user depends on the merits of the case and extends only to actual damage suffered
(a) which we, our legal representatives or vicarious agents have caused intentionally or by gross negligence,
(b) from injury to life, body or health resulting from a breach of duty by us or one of our legal representatives or vicarious agents,
(c) in cases of liability under the German Product Liability Act, due to us having given a guarantee or due to fraudulent misrepresentation, and
(d) which has arisen due to the breach of a fundamental obligation, the fulfilment of which is of fundamental importance to the proper execution of the contract, and which you are entitled to rely on and in fact regularly rely on (under German law, a cardinal obligation).
8.5. We are liable without limitation in the above-mentioned cases (a), (b) and (c) of the preceding paragraph. In all other cases, liability shall be limited to the reasonably foreseeable damage under these terms.
8.6. In cases other than those specified in 9.4. and 9.5. and notwithstanding the following paragraph, liability on our part is excluded irrespective of the legal grounds.
8.7. The above limitations of liability apply equally to all of our legal entities, employees and vicarious agents. They do not alter the statutory burden of proof.

§ 9 Contract duration, termination, refunds
9.1. In relation to the free Clatch service, you may terminate the contractual relationship with us at any time by deleting your account in accordance with the instructions in the app. If you are using Clatch without an account, you can terminate this contract by deleting the Clatch App from your mobile phone (remember to export your data first if you don't want to lose it). We too may terminate the contract at our sole discretion and without further notice, subject to the following provisions.
9.2. The Paid Services run for the agreed (initial) term. At the end of the term, the contract is automatically extended for an indefinite time period, unless you or we terminate it before the end of the agreed term or you conclude a new contract (with a new initial term) with us. In case of an indefinite term after the end of your applicable initial term, you may cancel your Paid Services with a notice period of at least 24 hours to the end of each subscription month.
9.3. For technical and legal reasons, contractual relationships related to the use of Paid Services that were originally entered into via the Apple App Store or the Google Play Store may need to be terminated via the respective app stores or in the app (e.g. using a feature provided by the respective app store). In such cases, the respective app store provider may act as a reseller of the Paid Services. Their respective terms and conditions may apply..
9.4. The statutory right of both contracting parties to terminate the contract for good cause remains unaffected. Good cause for extraordinary termination of the contract is, for example, deemed to exist if the continuation of the contractual relationship until the end of the normal period of notice is unreasonable, given all circumstances of the individual case and the interests of the user. Good causes for us to exercise this right of termination include, in particular, if you breach applicable law, obligations under these Terms, or obligations under your contract with the Apple App Store or Google Play Store (or if your actions would cause us to breach our contracts with the Apple App Store or Google Play Store).

§ 10 Other provisions
10.1. We endeavour to ensure that the Clatch App operates without disruption and is available to the greatest extent possible, but we point out that complete and uninterrupted availability is not technically feasible. We therefore do not guarantee disruption-free operation or a specific level of availability. In particular, we may restrict access without providing reasons – in whole or in part, temporarily or permanently. In addition, no claims shall exist regarding the maintenance of individual functionalities of the Clatch App. We are entitled at any time to change or remove content, services and functionalities that are provided within the app and to make new content, services and functionalities available or to discontinue the Clatch App entirely; this includes paywalling all or certain services that were previously free of charge, as well as their partial or complete discontinuation.
10.2. We are entitled to transfer the rights and obligations arising under a contract to a third party. Should we wish to transfer the rights and obligations under these Terms, we will inform you in writing about the transfer; you are then entitled to terminate the contract. The notice of termination must be in writing and reach us within 14 days of you receiving the notification of transfer.
10.3. Governing law: German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
10.4. Jurisdiction: To the extent permissible by law, all disputes arising under these Terms shall be heard in the courts of our registered place of business in Berlin, Germany. Notwithstanding the foregoing, we are also entitled to sue you under these Terms in your place of domicile.
10.5. In the event of a complaint against us, you can contact the European Online Dispute Resolution platform at any time. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
10.6. If individual provisions within these Terms are or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Any invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the contracting parties had pursued with the invalid or unenforceable provision. The above provisions shall also apply in the event that the provisions prove to be incomplete.
10.7. Clue is used by people with cycles around the world, who access the app in a multitude of different languages. We use professional translators and proofreaders to translate all of our communications, including these Terms, as accurately as possible into those languages. However, please understand that we cannot assure 100% accuracy for all of our translations, in particular with respect to any legal content. Please note that the English version of these Terms is therefore the original version, which prevails over all other versions in the event of deviation from the English original. The most up-to-date version of these terms is always available in English on our website.
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