Nidela

These Terms of Service and End User License Agreement (the "Terms") are a binding agreement between you ("you" or "user") and Intelliquinte L.L.C., a North Carolina limited liability company ("Intelliquinte," "we," "us," or "our"), governing your use of the Nidela iOS application and any updates to it (the "App"), available on the App Store. By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

Our Privacy Policy explains how information is handled in connection with the App and is incorporated by reference.

This agreement is concluded between you and Intelliquinte only, and not with Apple Inc. ("Apple"). Intelliquinte, not Apple, is solely responsible for the App and its content. Apple has no obligation to furnish any maintenance or support services for the App.

Subject to these Terms, Intelliquinte grants you a limited, nonexclusive, nontransferable, revocable license to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. You may not distribute or make the App available over a network where it could be used by multiple devices at once. You may not transfer, redistribute, or sublicense the App. You may not copy (except as this license permits), reverse engineer, disassemble, attempt to derive source code from, modify, or create derivative works of the App except to the extent that restriction is prohibited by applicable law. Your rights terminate automatically if you fail to comply with these Terms.

Nidela is a general wellness and personal tracking tool. It is not a medical device and does not diagnose, treat, cure, prevent, or provide contraceptive guidance for any condition, including pregnancy.

The App may show rough estimates such as cycle length, a predicted fertile window, or an estimated next period start. These are simple calculations based on dates you log. They are not medical measurements, not ovulation tests, and are not reliable for contraception or trying to conceive. Do not rely on Nidela for birth control, fertility treatment, diagnosis, or any medical decision. Always talk to a qualified healthcare professional for medical advice.

You alone are responsible for how you interpret and act on any information in the App, including logs related to intimacy, symptoms, mood, or other personal health details you choose to record.

The App stores your data on your device. We run no servers that hold your cycle data and have no access to it. If you lose your device without a backup you created, forget a backup passphrase, delete the App without exporting, or otherwise lose local data, that information may be permanently lost. You expressly assume the risk of data loss and agree to maintain your own backups if you need them.

Optional local reminders and widgets rely on iOS and on data you enter. Reminders may fail to fire, may be delayed, or may not appear for reasons outside our control. Widget and notification text may be visible to anyone who can see your Lock Screen or Home Screen. You must not rely on the App as your sole method of tracking any important date or health matter. We are not liable for any reminder that does not fire or is not seen, or for information visible on your device's screen.

If you export an encrypted backup, create a PDF summary, or share data with another device or person, you control that action. You are responsible for what you share and with whom. We are not a party to those transfers and are not responsible for third parties who receive information you choose to disclose.

Nidela may be offered as a paid App Store download or other App Store purchase configured by Intelliquinte. Prices are set in your local currency and may vary by region and over time.

8.1 Payment

Payment is charged to your Apple Account at confirmation of purchase.

8.2 Refunds

All purchases are processed by Apple. Apple, not Intelliquinte, handles billing and refunds according to Apple's policies.

Intelliquinte is solely responsible for providing any maintenance and support for the App, to the extent we choose to offer it or as required by law. Apple has no obligation to provide any maintenance or support. You may contact us at nidela.support@intelliquinte.com.

The App is provided "as is" and "as available," without warranty of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by law. We do not warrant that the App will be uninterrupted, error-free, accurate, medically useful, or that reminders or estimates will be correct or fire when expected. In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you to the extent required by Apple's policies.

Intelliquinte, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims and claims arising under consumer protection or similar law, to the extent not disclaimed herein.

The App and all associated intellectual property are owned by Intelliquinte and protected by law. In the event of any third-party claim that the App or your use of it infringes intellectual property rights, Intelliquinte, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

To the maximum extent permitted by law, Intelliquinte will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, personal injury, pregnancy-related outcome, medical cost, or other loss arising out of or relating to the App or these Terms, even if advised of the possibility of such damages.

Intelliquinte's total cumulative liability for all claims arising out of or relating to the App or these Terms will not exceed the greater of (a) the total amounts you paid to Apple for the App in the 12 months immediately preceding the event giving rise to the claim, or (b) twenty-five US dollars ($25).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless Intelliquinte and its owner from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your misuse of the App; (b) your violation of these Terms; (c) your reliance on estimates or other App content for medical, contraceptive, or conception decisions; or (d) any content you store in or share from the App.

You agree not to misuse the App, attempt to interfere with its security or operation, or use it for any unlawful purpose. The App is a single-user personal tool and is not a clinical system, electronic health record, or multi-user care platform.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

16.1 Agreement to arbitrate

Except as provided below, you and Intelliquinte agree that any dispute, claim, or controversy arising out of or relating to the App or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section.

16.2 Small claims carve-out

Either party may bring an individual claim in small claims court if it qualifies to be heard there.

16.3 30-day right to opt out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing nidela.support@intelliquinte.com with your name, the fact that you decline arbitration, and enough information to identify your App purchase. Opting out has no effect on any other part of these Terms.

16.4 Class action waiver

You and Intelliquinte agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. If this class action waiver is found unenforceable, then the entirety of this Section 16 will be null and void, but the rest of the Terms will remain in effect.

16.5 Mass arbitration batching

If 25 or more similar demands for arbitration are asserted against Intelliquinte by or with the coordination of the same or coordinated counsel, the claims will be administered under the AAA's supplementary rules for multiple case (mass arbitration) filings then in effect.

16.6 Costs

Allocation of arbitration fees and costs is governed by the AAA Consumer Arbitration Rules and fee schedule.

You represent and warrant that (a) you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and (b) you are not listed on any US Government list of prohibited or restricted parties. You agree to comply with all applicable laws in your use of the App, including export control laws.

You must comply with any applicable third-party terms of agreement when using the App, including the Apple Media Services Terms and Conditions.

You and Intelliquinte acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 16. Subject to Section 16, any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Wake County, North Carolina.

We may modify these Terms to reflect new features or legal requirements. We will update the "Last updated" date and make the current Terms available at this URL and, where appropriate, in the App. Continued use of the App after changes take effect constitutes acceptance of the revised Terms.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force. The provisions that by their nature should survive termination (including Sections 3, 4, 5, 10, 11, 12, 13, 14, 16, 19, 20, and 22) will survive. These Terms, together with the Privacy Policy and Apple's applicable terms, are the entire agreement between you and Intelliquinte regarding the App.

Intelliquinte L.L.C.
9216 Colony Village Ln, Raleigh, NC
nidela.support@intelliquinte.com

Related: Privacy Policy