Biosmart Teknoloji A.Ş.; will be referred to as Biosmart after that.
Please read these Terms of Service (“Terms”) carefully, they constitute a legally binding contract. By having created a user account with us, using any Biosmart, you have agreed to be bound by these Terms.
THE PRODUCTS AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR THE PROFESSIONAL SERVICES OF A LICENSED PHYSICIAN OR OTHER HEALTH CARE PROVIDER OR PRACTITIONER. Biosmart DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT A LICENSED HEALTH CARE PROVIDER.
We reserve the right to change these Terms from time to time, and such changes will become applicable to you if you continue to use any of the Biosmart. Where we believe that any changes are material, we will notify you through an in-app notification or an email to the address you have provided us, but regardless of whether you receive such notice, any changes will become effective if you use any of the Biosmart at any time after such changes are published on this page. We recommend that you visit this page periodically to be sure you are aware of the most recent terms of this agreement.
If you do not agree to these Terms, do not use any of the Biosmart, and if you do not wish to agree to any changes to these Terms, please cease using all Biosmart and terminate your account.
The Parties to this Agreement
These Terms describe a contractual agreement between you, the user of a Biosmart, regarding your use of the applications offered by us through iPhones and Android phones. Biosmart has the right to refuse registration of, or cancel your user account in its discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that Biosmart has the right to terminate or limit your account in the event that Biosmart determines, in its sole discretion, that you have violated the policies of the Services or any forum used by you, including by activities that adversely affect the experience of other users.
You Must Be Eligible to Use Our Services
To be eligible to use the Services, (i) you must be at least 18 years old, (ii) you (or your parent/guardian) must agree to be bound by these Terms. If you do not meet any and all of these criteria, please delete all Biosmart from your systems and do NOT use the Services.
Any consideration of pregnancy, woman’s health or sexual relationships is very significant. While the Biosmart Services are offered to help you down this journey, they are not a substitute for mature evaluation of what is right for you. We strongly recommend that you not take any actions lightly, but particularly if you are less than 18 years old, we recommend that you consult with responsible adults who will help you think about the many aspects of such considerations before you take any action which may, to say the least, be life altering.
Biosmart Does Not Offer Medical Advice
The contents of the Biosmart 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 physician has particular medical knowledge about you and your health and should always be consulted if you have a medical emergency or questions about a medical condition. Your decision to rely on any information you obtain in connection with your use of the Services is at your sole discretion and risk.
What Biosmart is Providing
Subject to your acceptance of these Terms, Biosmart grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of the Biosmart, the Services and related software and to display the results of such Services for your personal non-commercial use. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of Biosmart or its licensors.
If you think you may have a medical emergency, call your healthcare provider immediately.
Your Privacy and the Use of Your Data
We recognize the importance of protecting the privacy of our users, particularly given the nature of that information.
All content, design, graphics, compilation, magnetic translation, digital conversion and other matters making up the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Biosmart or one of its affiliates. Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute or publish any part of the Services unless we expressly permit you to in these Terms.
You agree that your use of and conduct on the Services, shall be lawful and will not:
1. Include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
2. Include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
3. Defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
4. Promote violence, illegal drug use, or substance abuse or describe how to perform a violent act, use illegal drugs or abuse other substances;
5. Violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
6. Be in violation of these Terms, any local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services;
7. Reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
8. Attempt to impersonate any other party;
9. Create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
10. Trick, defraud or mislead Biosmart or other users, especially in any attempt to learn sensitive account information such as passwords;
11. Make improper use of Biosmart's support services or submit false reports of abuse or misconduct;
12. Engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme, without the prior written consent of Biosmart;
13. Create or transmit unwanted electronic communications such as "spam," to other users or members of Services or otherwise interfere with other users' or members' enjoyment of the Services;
14. Disparage, tarnish, or otherwise harm, in Biosmart’s opinion, Biosmart and/or the Service;
15. Disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms ("PCMs"), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices;
17. Reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services;
18. Except as may be the result of 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 unauthorized script or other software;
19. Cover or obscure any notice, banner, advertisement or other branding on the Services;
20. Interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Services; or
21. Otherwise violate any rule or policy of one of the Forums on which you may participate.
Contests, Sweepstakes, and Promotions
We do NOT Make Warranties Regarding the Services.
THE SERVICES IS PROVIDED BY BİOSMART ON AN “AS IS” BASIS. BİOSMART AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BİOSMART AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BİOSMART AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON ANY BİOSMART. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. BİOSMART SHALL NOT BE LIABLE FOR ANY FAILURE OF ANY BİOSMART. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND BİOSMART’S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). YOU AGREE THAT BİOSMART SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES. Biosmart is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or applications on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with any Biosmart. Under no circumstances will Biosmart be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone's use of any Biosmart.
Biosmart does not control or endorse the content, messages or information provided by users of the Services. Therefore Biosmart specifically disclaims any responsibility with regard thereto.
The Services may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
Limitation of Our Liability
Your use of the Services and the content of the Services is at your own risk. Biosmart and its partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on any Biosmart. In particular, but without limitation, you are agreeing that Biosmart is not liable under any theory of law for any compensatory, indirect, special, incidental, punitive or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, failure to predict your cycles, any information or advice found on our site or in any Biosmart, or any aspect of your relationship with a spouse, partner, or other third party, whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Our Services would not be provided without these limitations and if you do not agree to these limitations, please do not use the Services.
Protection of Your Account Information
Each user of the Services is responsible for taking all reasonable steps to ensure that no unauthorized person has access to his or her passwords or accounts.
Complete Agreement between You and Us
How We Handle Disputes
If a dispute arises between you and Biosmart, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact us to resolve your problem directly with us. You may contact us regarding any complaints or disputes at the Contact Us portion of the Website.
How You Can Contact US
If you have questions or concerns, you should contact us at firstname.lastname@example.org
You agree to indemnify and hold Biosmart (and any employee, officer, director or affiliate of Biosmart, each a "Company Person") harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, the violation of these Terms by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any content posted through the Services by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Biosmart or any Company Person. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.
TERM AND TERMINATION
Unless terminated by Biosmart, these Terms will remain in full force and effect while you use any of the Services. Subject to the last sentence of this Section, You may terminate the agreement reflected in these Terms at any time by deleting all Biosmart from any mobile device on which you have installed any element of the Services and ceasing to use the Services. Biosmart may terminate these Terms with respect to you at any time, particularly if you violate any provision of these Terms. Any termination of these Terms shall also terminate the licenses granted hereunder. Upon termination of these Terms for any reason, you shall destroy and remove from all computers, and other storage media all copies of the any intellectual property owned by Biosmart. Biosmart shall have the right to inspect and audit your facilities to confirm the foregoing. Your representations, the Indemnity section, the Dispute Resolution section, the Liability Limitation section and any other provision which by their nature are designed to survive termination shall survive any termination or expiration of these Terms.