Terms and Conditions

Welcome to Nelya!

Nelya is owned and operated by Apprecano Ltd.

These are the terms and conditions for:

• Nelya mobile application (Available on Google Play and App Store).

The following terms and conditions apply to your use of the Nelya platform and the functionalities available on the platform. By using the platform, you agree to these terms and conditions and our privacy policy.

In these terms and conditions, the words "platform" refer to the Nelya mobile application and the Nelya website together, "we", "us", "our", and "Nelya", refers to Digital Scores FZ LLC, and "you", and "user", refers to you, the Nelya user.

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE SERVICES AND FUNCTIONALITIES AVAILABLE ON THE PLATFORM.

1. ACCEPTANCE OF TERMS

By accessing and using the Nelya platform, you agree to be fully bound by the terms and conditions set forth in this agreement. If you do not agree to any of the terms, you must refrain from using the platform or its services. We reserve the right to modify this agreement at any time. Any modifications will be effective upon posting on the platform. By continuing to use Nelya following the posting of a modification, you expressly agree to be bound by the updated terms. For this reason, we recommend that you review this agreement periodically to stay informed of any changes.

By using the platform, you represent and warrant that you have full legal capacity, power and authority to enter into this agreement and to perform your obligations hereunder. You further confirm that you are not subject to any legal, contractual or other restriction that limits or prevents your ability to accept these terms and conditions. You warrant that you will use the platform in accordance with applicable laws and regulations and that your use will not infringe any third party rights or contravene any applicable regulations.

Your acceptance of this agreement constitutes a binding commitment by you and any entity you represent to adhere to the terms set forth herein and any additional policies posted on the platform. This commitment includes your obligation to ensure that all information provided during registration and use of the platform is truthful, accurate and up to date. Nelya will not be liable for any breach of these terms by users, and any violation of these terms may result in the suspension or termination of your access to the platform.

2. DESCRIPTION OF THE PLATFORM

Nelya is a mobile application developed by Apprecano Ltd., designed to provide users with a reliable and private tool for tracking the menstrual cycle and managing their reproductive wellbeing. The application is available for download through the Apple App Store and Google Play Store and has been created with a focus on privacy, allowing it to be used without an Internet connection or cloud storage. All information entered by the user is kept exclusively on their device, with Nelya not collecting, processing or storing personal or health data.

Since Nelya does not require the creation of accounts or the linking of online services, the security and privacy of the information depend entirely on the user's control over their device. The application is designed to be used completely locally, which guarantees that there is no transfer of data to external servers or third parties.

Nelya does not provide medical advice or replace consultation with healthcare professionals. The application is designed for informational purposes and to support personal well-being only, and its use should not be interpreted as a medical diagnosis or treatment. Users are responsible for their use of the information provided by the application and should consult a healthcare professional with any medical concerns.

3. SUBSCRIPTIONS

Nelya offers users the possibility of accessing premium functionalities through a paid subscription. The subscription is purchased through the Apple App Store and Google Play Store platforms, using the in-app subscription system. By subscribing, the user accepts that payments will be processed securely through the corresponding application store and that billing will be carried out automatically and recurrently using the payment method provided at the time of subscription.

The user authorizes the Apple App Store or Google Play Store to periodically charge the amount corresponding to the subscription until it is canceled. The billing frequency, price and subscription conditions may vary by region and will be clearly specified in the application store at the time of purchase. In the event that payment cannot be processed, the application store may suspend or cancel access to the premium features of the application until successful payment is completed.

Subscriptions are automatically renewed at the end of each billing period, unless the user cancels the subscription before the renewal date. Subscription cancellation must be done directly through the user's account in the Apple App Store or Google Play Store in the billing and subscriptions section. Cancellation will prevent future charges, but will not grant refunds for the subscription period already paid, and access to premium features will continue to be available until the end of the current billing cycle.

Nelya does not manage or have control over payments, billing or refund requests. Any queries related to billing problems, unrecognized charges or refund requests should be managed directly with the Apple App Store or Google Play Store, in accordance with their terms and conditions. The company is not responsible for problems arising from payment processing or changes in app store policies.

The user is responsible for managing their subscription and making sure to review the payment and renewal terms before subscribing. The company reserves the right to modify subscription prices and the features included in the premium version at any time. In case of price changes, users will receive a notification through the application store before the next billing date, and they can decide whether to continue with the subscription or cancel it before renewal.

4. LIMITATION OF LIABILITY

Nelya is a mobile application designed for monitoring the menstrual cycle and managing reproductive wellbeing, developed by Apprecano Ltd. Its use is purely for information and personal support, and should not be interpreted as medical advice, diagnosis or treatment. The company makes no guarantees as to the accuracy, reliability or suitability of the information provided by the application and is not responsible for any consequences arising from its use.

Users are advised to consult a healthcare professional before making any decisions based on information entered or generated by the application.

The use of Nelya is the sole responsibility of the user. Given that the application works completely locally on the user's device and does not collect, process or store personal or health data on external servers, the company is not responsible for the loss, damage or inaccessibility of data in the event of device failure, accidental deletion, factory reset, theft or any other circumstance affecting the local storage of information. The company does not provide data recovery mechanisms or backup services either, so the user is solely responsible for backing up their device as they deem necessary.

The company does not guarantee that the application will be free from errors, interruptions or technical faults. Despite efforts to maintain the proper functioning of the application, Apprecano Ltd. is not responsible for direct or indirect damages, loss of data, loss of profit, service interruption or any other consequence derived from the use or inability to use the application, including failures derived from updates, incompatibilities with the operating system or technical problems of the Apple App Store and Google Play Store platforms. Any inconvenience related to the installation, subscription, billing or payment processing should be handled directly with the corresponding application store, as the company does not control or manage the financial transactions made through these platforms.

The user acknowledges and accepts that the use of the application is voluntary and at their own risk. Nelya does not monitor, analyze or transfer data to external servers, which means that the company cannot provide assistance in the recovery of lost information or respond to requests for access, rectification or deletion of data, as this data remains exclusively on the user's device and is not in the company's possession. The company will not be liable for any damage arising from the lack of access to the data in case of forgetting the application's PIN code or any other access restriction imposed by the device's operating system.

To the extent permitted by applicable law, Apprecano Ltd. disclaims all liability for any direct, indirect, incidental, special, consequential or punitive damages arising from the use of the application, even if it has been advised of the possibility of such damages. If any jurisdiction does not allow the exclusion or limitation of certain warranties or liabilities, the liability of the company shall be limited to the maximum extent permitted by law. The user agrees to indemnify and hold harmless the company, its directors, employees, partners and affiliates for any claim, damage or harm arising from the improper use of the application or from the breach of the established terms and conditions.

Apprecano Ltd. reserves the right to modify, suspend or discontinue any functionality of the application at any time without prior notice, without this giving rise to any right to indemnification or compensation for the user. The user is responsible for periodically verifying the availability and proper functioning of the application on their device, as well as ensuring that they comply with the technical and operating system compatibility requirements.

5. LICENSE TO USE THE PLATFORM

Nelya grants the user a personal, worldwide, royalty-free, non-transferable, non-sublicensable, non-exclusive, non-sublicensable license to download and use the Nelya mobile application, available through the App Store and Google Play Services. This license includes access to modified versions, updates, upgrades, enhancements, extensions, add-ons and copies of the app, if available. The exclusive purpose of this license is to allow the user to access and use the functionalities offered by the platform in accordance with the terms and conditions set forth in this agreement.

The user agrees to use the platform diligently, lawfully and in full compliance with applicable regulations, refraining from any activity that is negligent, fraudulent, harmful or in any way compromises the integrity of Nelya, its services or the experience of other users. Use of the platform for actions that may damage the reputation, interests or rights of Nelya, its affiliates or third parties is strictly prohibited, including but not limited to:

• Attempting to access unauthorized systems or reverse engineer the platform.
• Employ automated techniques to interact with the platform in an unauthorized manner.
• Engage in activities that may disrupt, overload or compromise the technical operation of the platform.

Nelya reserves the right, at its sole discretion, to suspend or terminate the user's access to the platform immediately and without liability to the user, in the event that any breach of the stated conditions is detected. This cancellation may be carried out with or without prior notice, depending on the nature and severity of the breach. In addition, Nelya reserves the right to take legal action if the improper use of the platform generates economic, technical or reputational damage to the company or third parties.

The user acknowledges that the license granted is revocable and that its continuity depends on full compliance with these conditions. Any unauthorized or prohibited use of the platform may result in the immediate termination of this license and the adoption of the necessary legal measures to protect the rights and interests of Nelya.

6. COPYRIGHT

All materials on the platform, including, without limitation, names, logos, trademarks, images, text, animations, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Apprecano Ltd. You acknowledge and agree that all materials on the platform are available for personal, limited, non-commercial use only. Except as specifically provided herein.

No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express written permission of Apprecano Ltd. You may not add to, delete, distort or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security feature, or to use Nelya or any part of the material for any purpose other than its intended purpose is strictly prohibited.

7. COPYRIGHT COMPLAINTS

Apprecano Ltd. will respond to all queries, complaints and claims related to alleged infringements or violations of the provisions contained in the laws and regulations of copyright and intellectual property in Finland and internationally. Apprecano Ltd. respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the platform infringes your copyright or other intellectual property rights, please send your request using our contact information, with the following information:

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
• A statement specifically identifying the location of the infringing material, with enough detail that Nelya may find it on the platform.
• Your name, address, telephone number and e-mail address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

8. PROHIBITED ACTIVITIES

The following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the platform, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any part of our platform for any purpose without our express written permission.
• "Frame", "mirror" or otherwise incorporate any part of the platform into any other platform or service without our prior written permission.
• Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Nelya.
• Evade, disable or otherwise interfere with security-related features of the platform or features which prevent or restrict the use or copying of any content.

9. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, Apprecano Ltd. provides and maintains the platform on an "as is", "as available" basis and does not promise that use of the platform will be uninterrupted or error free. We shall not be liable to the user or any third party if we are unable to provide our platform and services for any reason beyond our control.

Our platform may from time to time contain links to other platforms which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Apprecano Ltd. for any loss or damage caused as a result.

Apprecano Ltd. shall not be liable for any amount for any failure to perform any obligation hereunder if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or force majeure.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Nelya excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Nelya and Nelya shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the platform.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform or any product purchased through the platform.
• Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Nelya.
• All representations, warranties, conditions and other terms which but for this notice would have effect.

10. INDEMNIFICATION

You agree to defend and indemnify Nelya and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the platform.

11. CHANGES

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.

12. PERSONAL DATA

Any personal information you submit in connection with your use of the platform as a user will be used in accordance with our privacy policy. See our privacy policy.

13. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Nelya, shall constitute the entire agreement between you and Nelya concerning and governs your use of the platform.

14. SEVERABILITY

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

15. FORCE MAJEURE

Nelya shall not be liable for any failure to perform due to causes beyond its reasonable control, including, without limitation, fortuitous events, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.

16. TERMINATION

Both the user and Nelya acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Nelya reserves the right to unilaterally terminate the user's access to and use of the platform. Nelya may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, Nelya shall not be liable for any loss of data or information associated with the user's account.

In case of non-compliance by Nelya: If Nelya fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify Nelya in writing of the breach and allow a reasonable time for Nelya to remedy the situation. If Nelya does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

17. DISPUTE RESOLUTION

Any dispute, claim or controversy that arises between a user and Nelya in relation to these terms and conditions, the use of the platform or the services provided, will be resolved exclusively through alternative dispute resolution mechanisms, including mediation and arbitration, as detailed below.

Firstly, both parties agree to make every effort to resolve any dispute informally. This includes direct communication between the parties involved to identify and address concerns or disagreements quickly and efficiently. Users can contact Nelya through the designated support channels to raise any dispute. The company undertakes to respond within a reasonable period of time, providing an opportunity to resolve the problem without resorting to formal proceedings.

If the parties fail to resolve the dispute informally within thirty (30) days of the initial notification of the dispute, the dispute shall be submitted to mediation. Mediation shall take place before a neutral mediator selected by mutual agreement of the parties. If the parties fail to agree on a mediator within an additional fifteen (15) days, a mediator will be appointed through a recognized mediation agency. The costs of the mediation will be shared equally between the parties, and the mediation will be conducted in English and at a mutually agreed location or, if both parties agree, through a virtual platform.

If the mediation does not result in a resolution satisfactory to both parties, the dispute shall be resolved by binding arbitration in accordance with the rules of the applicable commercial arbitration or similar internationally recognized body. The place of arbitration will be Finland. The language of the arbitration shall be English.

The arbitrator shall have exclusive authority to resolve the dispute, including determining the applicability and validity of these dispute resolution terms. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. Unless prohibited by applicable law, the parties agree to waive any right to take the dispute to court or to participate in a class action.

This dispute resolution clause does not prevent Nelya from seeking injunctive or equitable relief in the event of infringement of intellectual property rights, misuse of the platform or any act that may cause irreparable damage, in which case it may go directly to a court of competent jurisdiction without exhausting alternative dispute resolution mechanisms.

By accepting these terms, users expressly waive any right to a jury trial and agree that all disputes will be resolved in accordance with the procedures set forth in this clause, with the aim of minimizing the costs and time associated with formal litigation. The parties shall bear their own costs associated with mediation and arbitration, unless otherwise agreed or specifically provided for by the arbitrator.

18. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and interpreted in accordance with the laws of Finland. Any dispute related to these terms shall be subject to the exclusive jurisdiction of the courts of Finland. This applies unless binding arbitration is agreed in the corresponding section.

19. FINAL PROVISIONS

Your use of our platform and purchase of our products is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those relating to law enforcement and the use of our platform. Information provided or collected in connection with your use of the platform and purchase of our products will be subject to these requirements.

In the event that any provision of these terms and conditions shall be declared invalid, illegal or unenforceable by any court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

20. CONTACT INFORMATION

If you have questions or concerns about these terms or the products, please contact us through our contact information below:

Apprecano Ltd - Nelya.
Pirkanmaa, Finland
info@nelya.app