TERMS & CONDITIONS

Please Read Our Terms & Conditions  

Read carefully before using this site

Welcome to PeakDay. Below are the Terms and Conditions for PeakDay and its affiliates. They apply to content on the PeakDay website (www.peakday.org) and to the PeakDay mobile application, collectively known as PeakDay.

 

PeakDay may revise and update these Terms and Conditions at any time. Your continued usage of PeakDay will mean you accept those changes.

1. PeakDay Does NOT Provide Medical Advice.

1.1 If you are experiencing a medical emergency, you should dial “911” immediately. Reliance on any information provided by PeakDay is solely at your own risk. Your interactions with the providers via PeakDay are not intended to take the place of your relationship with your regular health care practitioners.

1.2 The contents of PeakDay, such as text, graphics, images, webinars, products, and other material contained on PeakDay are for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on PeakDay.

1.3 Neither PeakDay, nor any of its subsidiaries or affiliates or any third party who may promote PeakDay, shall be liable for any professional advice obtained from a health care provider via PeakDay or for any other information obtained on PeakDay. You acknowledge that your reliance on any healthcare providers or information provided by the providers via PeakDay is solely at your own risk and you assume full responsibility for all risk associated herewith. PeakDay does not make any representations or warranties about the training or skill of any healthcare providers who are found on PeakDay.

1.4 PeakDay or any service provided through in-app purchases or outside links are not designed to, nor do they provide medical advice, professional diagnosis, opinion, treatment, or services to you or to any other individual. Through this service, information for educational purposes only is provided. The information provided through this service, or through linkages to other sites, is not a substitute for medical or professional care, and you should not use the information in place of a visit, call, consultation, or the advice of your physician or other healthcare provider.

2. General Information

2.1 You use PeakDay and its products at your own sole risk.  If you use PeakDay or its products for any purpose other than their intended use, you assume all risk associated with such use.

2.2 PeakDay provides you with cycles information and insights about menstrual and reproductive health. You understand that PeakDay will record and visualize personally performed measurements or observations relevant to fertility. This can include, but is not exclusive, temperature, mucus, hormones, presence of menstruation, pregnancy or ovulation test results, intercourse, and comments.

2.3 Modification to Terms. PeakDay may modify these Terms from time to time and such modification shall be effective immediately upon posting such modifications on PeakDay. Your continued use of PeakDay after PeakDay has posted a revised Terms constitutes your acceptance of the revised Terms.

2.4 Modification to PeakDay. PeakDay reserves the right to modify PeakDay or to change or discontinue any of the services offered by PeakDay with or without notice to you. We shall not be liable to you or to any third party should we exercise our right to modify PeakDay or to change or discontinue our PeakDay offerings. If you object to any change to PeakDay, your sole recourse will be to discontinue using PeakDay. Your continued use of any modified service on PeakDay will indicate your assent to such changes.

2.5 Representations & Warranties. You represent and warrant that: You are of legal age, as determined for use of the app which is noted in #4 Eligibility, to form a binding agreement (“Legal Age”). If you are not of Legal Age, you are not authorized to use PeakDay unless: (a) you have received the permission of your parent or legal guardian and (b) your parent or legal guardian, by granting such permission agrees to be bound by this Agreement and in such a case deemed to include your parent or legal guardian.

2.6 You will provide true, accurate, current, and complete information about yourself as prompted and you will maintain and promptly update your information to keep it true, accurate, current, and complete.

2.7 PeakDay has the right to refuse, suspend or terminate your current or future use of PeakDay, without warning if: we believe that you are under the Legal Age and you represent yourself as being of or over the Legal Age you provide, or PeakDay suspects that you have provided.

2.8 Privacy Policy. Your privacy is important to PeakDay. Please see the PeakDay Privacy Policy at: https://peakday.com/privacy/ Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of information.

2.9 Participation In Studies. PeakDay may conduct studies at any time based on the data entered in to PeakDay. These studies may use your information anonymously in consolidation with other users. This may be used to improve PeakDay or for further studies. Your use of PeakDay acknowledges your acceptance.

3. Acceptance Of Our Terms.

3.1 By registering with PeakDay, you acknowledge that you have read, understand, and agree to these Terms. These terms create a binding legal contract between you and PeakDay.

3.2 These Terms shall be effective from the moment you register with PeakDay and shall remain in full force and effect even after you cease your use of PeakDay.

3.3 By registering with PeakDay, you acknowledge that the information provided is for informational use only and is used at your own sole risk. This includes:

  • You may get pregnant when using PeakDay even if your purpose for using PeakDay is to avoid getting pregnant.
  • There is no guarantee that the use of PeakDay will assist you in getting pregnant.
  • You may or may not successfully discover a pattern that leads to a diagnosis of a potential illness or disease with the use of PeakDay.
  • All information is inputted by you, and you are solely responsible for the accuracy, timeliness, and interpretation of your information.
  • Certain information provided through PeakDay may involve the discussion of reproductive anatomy and/or sexual acts and therefore may not be appropriate for all users. If you are offended by material on PeakDay then you should discontinue use of PeakDay.

4. Eligibility/Definition of Legal Age

4.1 You represent and warrant that you are at least 13 years or older and fully able, competent, and authorized to enter into and be bound by these terms.

4.2 We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

5. Links to Other Sites.

PeakDay makes no representations whatsoever about any other website that you may access through PeakDay. When you access a non-PeakDay site, please understand that it is independent from PeakDay, and that PeakDay has no control over the content on that website. In addition, a link to a non-PeakDay website does not mean that PeakDay endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to PeakDay, you do this entirely at your own risk.

6. Subscription Fee, Subscription Period, In-App Purchases, Coaching Purchases and Refunds

6.1 Subscription Period. Payments for the use of PeakDay are made periodically in advance. Each payment covers a subscription period during which you may access PeakDay. A subscription period can be one month or one year as offered by PeakDay.

6.2 Free Trial Period. Certain fee-based portions of PeakDay may be available for a one-time free trial period (a “Trial Period”). The duration of this Trial Period will be identified when you register. In order to register for this free Trial Period, you may be required to provide credit card information and create an account. When you create a user account that is subject to a Trial Period, you will be notified of the length of the Trial Period and the date by which you must cancel to avoid having your credit card charged. Unless you terminate your Trial Period before it ends, your credit card will be charged for the recurring subscription fee applicable at the time you signed up.

6.3 In-App Purchases. PeakDay allows for the purchase of in-app purchases.  In order to make an in-app purchase you will be required to have an account with PeakDay and applicable personal and payment method information for the Apple App Store or the Google Play Store. By following the procedures within PeakDay for such in-app license purchases, you agree to pay all fees associated with such purchases.

6.4 Subject to Change. All prices listed for our subscriptions are subject to change without notice. Price changes will take effect at the start of the next subscription period following the date of the price change and will be communicated to you before such a date. By continuing to use PeakDay after the price change takes effect, you agree to accept the new price.

6.5 Subscription Renewal. At the end of each subscription period, your subscription will be automatically renewed for the one month or the one-year subscription each time. To avoid your subscription being automatically renewed, you may terminate your account before the last day of your subscription period. The termination will then take effect from the last day of your current subscription period.

6.6 All prices listed on PeakDay are exclusive of all taxes. Applicable taxes will be added to the listed price at the time of purchase.

6.7 Secured Processing Partners. All billing transaction processes (subscription and in-app purchases) are handled by the provider of the Application Store (the App Store Provider) from whose platform Customer downloaded the PeakDay Ap and are governed by the App Store Provider’s terms and conditions.  There also may be other purchases allowed outside of PeakDay in which you may be required to register with our processing partner and create an account with our Secured Processing Partner. Your purchase of any other product provided by our Secured Payment Partner is governed by our Secured Payment Partner's terms, conditions, and policies. We reserve the right to utilize a different Secured Processing Partner, and, in such a case, the term Secured Processing Partner shall include such different processing partner(s). We are not responsible for any Secured Processing Partner website, service, account, or information collected by such Secured Payment Partner and you are solely and entirely responsible for and waive any claim against us for any and all use of your accounts you may have with our Secured Processing Partner.

6.8 Billing Information. For your security, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order where there is a mismatch of information.

6.9 Cancellation and Termination. You may cancel your subscription to PeakDay at any time. You will continue to have access to PeakDay throughout your pre-paid subscription period. Once your pre-paid subscription period is over, PeakDay will consider your account terminated. You are solely responsible for maintaining copies of any personal information you have uploaded or added to PeakDay. PeakDay cannot guarantee the retrieval of your information, even if you lapse and sign up again.

6.10 PeakDay does not provide refunds or the right to return for a purchased subscription, in-app purchase or other purchases outside of PeakDay. PeakDay will not provide credits for any partially used or unused subscriptions nor refund for reason of dissatisfaction with PeakDay. PeakDay allows a trial period for free use of the app and once a subscription is paid for PeakDay gives you digital access instantaneously. Due to this free trial period, PeakDay does not issue refunds.

7. Electronic Communications

7.1 When you use PeakDay, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

7.2 By calling or texting the phone numbers 513-471-2000, (800) 745-8252, (800) 214-6028, or any future numbers PeakDay may have, you agree to receive non-marketing text messages from our staff.  If you no longer wish to receive text Messages, you may opt out at any time by letting the office know at the above numbers.

8. Proprietary Rights.

8.1 PeakDay and any and all content and materials (including but not limited to all PeakDay Products, logos, trade-marks, and all other intellectual property) posted or otherwise described on or available through PeakDay or otherwise created by PeakDay or its licensors and associated with PeakDay (collectively, the "Content") are owned by PeakDay or its licensors, and are protected by applicable intellectual property and other laws (including but not limited to copyright, trademark, patent, trade secret, industrial secret, and other laws). For greater certainty, but without limitation, PeakDay or its licensors own(s) and retain(s) all rights in the Content and no grant of ownership or license is granted to you. Except as provided for in this Agreement, you shall not modify, rent, lease, loan, sell, distribute, or export the Content, or create or cause to be created any derivative works based on the Content, in any manner and you shall not otherwise exploit the Content in any unauthorized way whatsoever.

8.2 Usage Rules. You understand that PeakDay uses a technology that protects digital information and that your use of PeakDay, materials, and content made available by or through PeakDay is subject to certain rules ("Usage Rules") established by PeakDay and its licensors and Content providers. You agree:

  • to comply with such Usage Rules, as established by PeakDay from time to time, and you agree to not violate, or attempt to violate, any of the Usage Rules.
  • to not attempt to, or assist another person in attempting to, circumvent, override, reverse engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever
  • that the Usage Rules may be controlled and monitored by PeakDay for compliance purposes, and PeakDay reserves the right to enforce the Usage Rules with or without notice to you.
  • to not modify, or attempt to modify, any software provided, or otherwise made available to you, by PeakDay or any of its licensors or providers (the "PeakDay Software") in any manner or form, or to use modified versions of the PeakDay Software for any purpose including obtaining unauthorized access to PeakDay.

8.3 Any unauthorized reproduction, publication, exportation, further distribution, or public exhibition of PeakDay, in whole or in part, is strictly prohibited. PeakDay reserves the right to investigate and take appropriate legal action against anyone who, in PeakDay’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  • activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of PeakDay;
  • forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through PeakDay;
  • covering or obscuring the banner advertisements on any PeakDay pages;
  • impersonating or attempting to impersonate another client, person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • selling or otherwise transferring any portion of PeakDay;
  • accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of PeakDay on behalf of that person; and
  • using PeakDay in a manner inconsistent with any and all applicable laws and regulations.

8.4 No Resale. You agree not to reproduce, duplicate, copy, sell, trade, distribute or exploit for any commercial purposes, any portion of PeakDay.

8.5 International Use. Recognizing the global nature of the Internet, in addition to the foregoing, you agree to comply with all local rules and laws regarding online conduct and use of the Internet.

8.6 The creation and use of links to PeakDay, and the creation and use of links by PeakDay, are governed by this Agreement, and specifically by PeakDay Linking Policy, which is incorporated into this Agreement by reference, and is an integral part of this Agreement.

9. Disclaimer and Limitation of Liability

9.1 Your use of PeakDay is at your sole risk.

9.2 Any material(s) downloaded or otherwise obtained or viewed through your use of PeakDay is done at your own discretion and risk and you are solely and entirely responsible for any damages which may occur as a result of same, including but not limited to damage to your computer system or loss of data that results from the download of any such material.

9.3 PeakDay makes no warranty that information, software and/or other material accessed or viewed using PeakDay will be free of viruses, bots, worms, or any other computer code, files or programs that may interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.

9.4 PeakDay is not responsible for the conduct, whether online or offline, of any user of PeakDay.

9.5 PeakDay and/or third parties may provide links to other Internet sites or resources. Inclusion of any link or resource on PeakDay does not imply the approval or endorsement of PeakDay. When you access such sites or resources, you do so at your own risk. PeakDay has no control over third party websites or resources and such websites and resources are not necessarily investigated, monitored or checked for accuracy or completeness by PeakDay. You expressly acknowledge and agree that PeakDay is not responsible for the availability of such external sites or resources, and that PeakDay does not endorse and is not responsible or liable for any content, advertising, products, opinions, or other materials on, or available from or through such sites or resources. You further expressly acknowledge and agree that PeakDay is not responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

9.6 PeakDay and/or third parties may create and/or otherwise provide advertisements and applications to you. PeakDay takes no responsibility for third party advertisements or applications that are created and/or posted on or through PeakDay, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through PeakDay, including payment and delivery of related goods or services, and any other terms, representations, warranties, or conditions associated with such dealings, are solely between you and such advertiser. You agree that PeakDay is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of third-party advertisers on PeakDay.

9.7 PeakDay assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Client communication (whether via the Internet, telephone, "wireless" or any other method of communication).

9.8 PeakDay is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the Internet or on PeakDay or combination thereof, including any injury or damage to you or to any person's computer related to or resulting from participation or downloading materials in connection with PeakDay.

9.9 Unless otherwise expressly set out herein, PeakDay is provided "as-is" and "as available" and PeakDay expressly disclaims any and all warranties, representations, and conditions of any kind, whether express or implied, including but not limited to any/all implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement. PeakDay cannot guarantee and does not promise any specific results from your use of PeakDay.

9.10 No advice or information, whether oral or written, obtained by you from PeakDay shall create any new warranty, representation, or condition.

9.11 PeakDay makes no warranty, expressed or implied that:

  • PeakDay will meet your requirements.
  • PeakDay will be uninterrupted, timely, secure, or error-free.
  • the quality of any products, services, information, or other material purchased or obtained by you through PeakDay will meet your expectations, or
  • any errors in PeakDay will be corrected.

 

9.12 IN NO EVENT SHALL PeakDay (or its affiliates, licensors, contractors, and their respective employees) be liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to damages for lost profit, goodwill, use, data, or other intangible losses (even if PeakDay has been advised of the possibility of such damages), resulting from:

  • the use or the inability to use PeakDay or otherwise access the internet or any part thereof;
  • the use or the inability to use PeakDay;
  • the disclosure of information by Clients to PeakDay;
  • any content posted on or through PeakDay;
  • the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received, or transactions entered into through or from PeakDay;
  • unauthorized access to or alteration of your transmissions or data;
  • statements or conduct of any other client or third party, whether online or offline;
  • spyware, malware, or viruses contracted from using the internet or otherwise through the PeakDay;
  • any other matter relating to PeakDay.

Notwithstanding anything to the contrary contained herein, PeakDay’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to PeakDay. In the event your jurisdiction does not allow the exclusion of the warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages, these provisions will be limited to the maximum amount prohibited by law.

10. Message Boards, In-App Messages and Custom Notes

10.1 Any information entered in PeakDay through custom notes, message boards, in-app messages, and other areas, is at your own risk.

10.2 Any individual who places a message on the message boards will have the right and ability to delete or edit their message.

10.3 PeakDay will delete all messages via message board or in app messaging after 6 months of the message or the last reply to the message.

10.4 PeakDay has the right to delete any message on the message board before the 6 months noted above.

11. Personal Identifiable Information & Personal Health Information

11.1 PeakDay does not allow any personal health information to be entered into PeakDay.  This includes any of the 18 elements identified by HIPAA.

11.2 PeakDay does not allow any personal Identifiable Information, except for your full name. and email address.  This personal identification information includes, but is not limited to your, social security number, driver's license, mailing address, credit card information, passport information, financial information, or medical record or prescriptions taken.

12. Passwords

12.1 PeakDay has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your PeakDay passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your PeakDay account and password; (3) promptly inform PeakDay of any need to deactivate a password. You grant PeakDay and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of PeakDay. PeakDay cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use, or misuse of information transmitted or received using PeakDay.

13. Indemnity

You agree to defend, indemnify, and hold PeakDay, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms..

14. Jurisdiction

14.1 You expressly agree that exclusive jurisdiction for any dispute with PeakDay, or in any way relating to your use of PeakDay, resides in the courts of the State of Ohio and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Ohio in connection with any such dispute including any claim involving PeakDay or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

14.2 These Terms and Conditions are governed by the internal substantive laws of the State of Ohio without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

15. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public network, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.