DON’T use Gyna if you are under 18 years old.
If you are on a promotional trial, DO cancel your subscription before your trial ends if you do not want to be charged for a full program.
Subscriptions are paid for in advance of your fertility program and we do not offer refunds or prorated billing for program subscriptions for any reason including changes in medical conditions.
DO send us an email at email@example.com if you have any questions.
Gyna.co hereby reserves the right, in Gyna.co’s sole discretion, to change, modify, add or remove any or all of these Terms & Conditions at any time by posting a revised version of these Terms & Conditions on the Website. Your use of the Website after the post of any such revised version of these Terms & Conditions shall be deemed as your agreement to and acceptance of any changes made therein from the original, whether or not you have reviewed them.
If you do not agree to these Terms & Conditions and/or to any revised version of these Terms & Conditions, you should not use the Website and should cancel your registration.
You hereby warrant and represent that you are of legal age to accept these Terms & Conditions and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
1. Special Terms
a. Parental or Legal Guardian Permission
The Website is not meant to be used by or otherwise accessed by children. Gyna.co does not provide services or sell Products (as defined below) and/or its Program (as defined below) to children. Some of the Content (as defined below) that appears on or that is accessible through the Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITE.
If you are a minor, please do not provide Gyna.co or other visitors to the Website with any personal information; and if you believe that a minor has submitted personal information without the permission and involvement of a parent or legal guardian, please contact Gyna.co so that Gyna.co may take appropriate action.
c. Health Disclaimer
The Website provides fertility management and information applications and content published over the Internet and is intended only to assist users in their personal fertility efforts. Gyna.co is not a medical organization and its staff cannot give you medical advice or diagnosis. Nothing contained on or made available to you through the Website should be construed as medical advice or diagnosis. The information and reports furnished by Gyna.co should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any fertility effort or regimen. The Website is intended for use only by healthy adults. The Website is not intended for use by minors, pregnant women, or individuals with any type of health or medical condition. Individuals with health or medical conditions are specifically warned to seek professional medical advice prior to initiating any form of fertility effort or regimen.
As an express condition to using the Website, you must agree to the terms of the following disclaimer:
If you disagree with any of the terms of this Disclaimer, do not use the Website, Program and/or Products.
Your use of the Website, Program and/or Products, including participation in any of the activities mentioned on the Website means that you are agreeing to be legally bound by the terms of this Disclaimer.
Gyna.co hereby reserves the right, in our sole discretion, to change, modify, add or remove any or all of this Disclaimer at any time by posting a revised version of this Health Disclaimer on the Website. Your use of our Website, Program and/or Product after the post of any revised version of this Health Disclaimer, shall be deemed as your agreement to and acceptance of any changes made therein from the original, whether or not you have reviewed them.
If you do not agree to this Health Disclaimer or to any revised version of this Health Disclaimer, you should not use our Website, Program and/or Products and should not participate in any of the activities mentioned on the Website.
The Website, Program and Products provide fertility management and information applications as well as content published over the Internet, and are provided “as is” and without warranties of any kind, either express or implied, and are intended only to assist users in their personal fertility efforts.
The Website’s Content is not a substitute for direct, personal, professional medical care and diagnosis. None of the diet and/or fertility plans or exercises (including, without limitation, the Program and the Products) mentioned on the Website or otherwise furnished by Gyna.co should be performed or otherwise used without clearance from your physician or health care provider.
The information contained herein is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or entity and should not be relied upon in that regard. Gyna.co is not medical professionals and nothing on the Website, Program and/or Products should be misconstrued to mean otherwise.
There may be risks associated with executing the Program and/or participating in activities mentioned on the Website for people in poor health or with pre-existing physical or mental health conditions or with any type of health or medical condition. Because these risks exist, you should not participate in such activities, including without limitation diet and/or fertility plans, if you are in poor health or have a pre-existing mental or physical condition or with any type of health or medical condition. If you choose to participate in these diet and/or fertility plans, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities.
All data provided in our Website is to be used for information purposes only. Products described are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.
You shall hold Gyna.co, the Website, Gyna.co’a owners, agents, and employees harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, whether directly or indirectly, arising out of the Website, Program and/or the Products, including without limitation diet and/or fertility plans discussed on the Website and activities mentioned on the Website, excepting only claims for gross negligence or intentional.
You agree that any and all claims for gross negligence or intentional tort shall be settled solely by confidential binding arbitration per the Nairobi Centre For International Arbitration. All arbitration must occur in Kenya and Kenya law shall govern. Arbitration fees and costs shall be split equally, and you are solely responsible for your own attorney’s fees.
Testimonials found on the Website or otherwise furnished by Gyna.co may not be from actual users but rather, to protect user privacy, summaries of general user experiences. Every person has unique experiences, exercise habits, eating habits, and applies the information in a different way. These experiences may not reflect your experience, may not apply to you, and are not intended to represent or guarantee that you will achieve the same or similar results.
If Gyna.co have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you may presume that the typical results as stated are more reliable than the other examples found on the Website or otherwise furnished by us. However, you should always perform due diligence and not take such results at face value. Although Gyna.co does its best to only work with highly reputable third parties, it cannot and would not be responsible for any errors or omissions in typical results information supplied to Gyna.co by manufacturers or other reputable third parties. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history.
Gyna.co may offer products and services on the Website that require payment of a fee(s). The prices will vary based on which fee-based Products you select and/or subscribed to. If you purchase a subscription to Gyna.co’s Program and/or related Product that requires recurring payments and you later wish to discontinue making recurring payments after the Refund Period (as defined below) has ended, you will be required to cancel your subscription.
Gyna.co reserve the right to remove or block, but it does not have the obligation to remove or block, any Submissions at any time without any notice or liability to you at its sole discretion. Gyna.co reserves the right to disclose any Submissions and the identity of the Registered User who submitted such Submissions in response to a subpoena or whenever disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect Gyna.co’s rights or the rights of others, or to enforce these Terms & Conditions. In addition, Gyna.co reserves the right to terminate your access to and use of the Website or any part thereof or to censor, edit or block your transmissions thereto in its sole discretion without any notice or liability to you. You agree that the exercise of such discretion shall not render Gyna.co as the owner of any Submissions, and the Registered User who submitted and/or made Submissions available on or through the Website will retain ownership thereof as described above. You may report objectionable Submissions on the Website by contacting Gyna.co. Gyna.co will review all such requests and will remove content that it determines should be removed, in its sole discretion, in accordance with these Terms & Conditions and in accordance with applicable law.
6. Disclaimers of Warranties
THE WEBSITE, THE PROGRAM AND THE PRODUCTS, CONTENT AND MATERIALS ON OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Gyna.co DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER Gyna.co NOR ANY OF ITS AFFILIATES, NOR ANY OF Gyna.co OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE WEBSITE OR ANY FUNCTION CONTAINED IN OR SERVICES PROVIDED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, CONTENT OR MATERIAL. NEITHER Gyna.co NOR ANY OF ITS AFFILIATES, NOR ANY OF Gyna.co OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, CONTENT OR MATERIALS IN THE WEBSITE OR THE CORRECTNESS, ACCURACY OR RELIABILITY THEREOF. NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM Gyna.co’s PERSONNEL OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER Gyna.co NOR ANY OF ITS AFFILIATES NOR ANY OF Gyna.co OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Gyna.co HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR AVAILABLE THROUGH THE WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THE WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (F) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT SHALL Gyna.co’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, hold harmless and, at Gyna.co’s sole option, defend Gyna.co and its affiliates, and Gyna.co and their respective officers, directors, employees, stockholders, agents and representatives from any and all claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from or out of your improper or unauthorized use of the Website, Program and/or Products, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your Registered User Account, of any intellectual property or other right of any person or entity.
9. Governing Law
The Website is not intended to subject Gyna.co to the laws or jurisdiction of any state, country or territory other than that of Kenya. Gyna.co does not warrant or represent that the Website, Program and/or the Products or any part thereof made available on or through the Website are appropriate or available for use in any particular jurisdiction other than Kenya. Those who choose to access the Website and/or who purchase any Program and/or Products do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. Gyna.co may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction Gyna.co chooses, at any time and in its sole discretion. Notwithstanding anything to the contrary contained herein, you agree that any and all claims made hereunder shall be settled solely by confidential binding arbitration per the Nairobi Centre For International Arbitration. All arbitration must occur in Kenya and Kenyan law shall govern. Arbitration fees and costs shall be split equally, and you are solely responsible for your own attorney’s fees.
10. Miscellaneous Terms
In any action against Gyna.co arising from the use of the Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, and reasonable attorney’s fees. If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions and any terms and/or policies posted on the Website other constitute the entire agreement between you and Gyna.co relating to the subject matter herein. These Terms & Conditions will inure to the benefit of Gyna.co’s successors, assigns and licensees. Any failure by Gyna.co to insist upon or enforce the strict performance by you of any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of Gyna.co’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
11. Copyright Policy
Gyna.co respects the intellectual property of its Registered Users and others, and asks its Registered Users to do the same. Gyna.co may, in appropriate circumstances and in its sole discretion, terminate the rights of any Registered User to use the Website (or any part thereof) who infringes the intellectual property rights of others.
For Owners of Copyrighted Works
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright law, please report alleged copyright infringements taking place on or through the Website by sending Gyna.co a written notification via email at support@Gyna.co. Your notification must include substantially the following:
a) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works);
c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Gyna.co to locate the material on the Website;
d) your name, mailing address, telephone number and email address;
e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and f) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf. Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please also note that the information provided in your notification may be forwarded to the person who provided the allegedly infringing material; and claimant information will be posted on the Site in place of disabled or removed material.
For Users Who Wish To Restore Disabled or Removed Materials
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please send Gyna.co a counter-notice via email at support@Gyna.co and submit the following in writing: a) a physical or electronic signature; b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. d) your name, address, and telephone number, and a statement that you consent (solely with respect to copyright infringement claims) to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for the judicial district in which Gyna.co may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a counter notification, Gyna.co will forward it to the party who submitted the original copyright infringement claim. The complainant will then have 10 days to notify Gyna.co that he or she has filed legal action relating to the allegedly infringing material. If Gyna.co does not receive any such notification within 10 days, Gyna.co may restore the material to the Website.
12. SUBSCRIPTIONS; BECOMING A PREMIUM SERVICE USER
Our Services consist of free and premium products with differing functionality based on the subscription level (“Premium Service”). Premium Service typically requires a fee, which is paid by the user (“Personal Premium Service”). You do not have to become a Premium Service user to use the Services. However, if you are not a Premium Service user, you may be precluded from using certain portions, components, content, features, or resources of our Services. We reserve the right to eliminate or modify any or all of the functionality of the Basic Service at any time without any prior notice to you.
Whether or not you use the Basic Service or the Premium Service, you are responsible for all charges and fees associated with connecting to and using the Website and/or Mobile App, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Website and/or Mobile App.
13. FEES, RENEWAL, CANCELLATIONS & REFUND POLICIES
If you are a subscriber to our Premium Service, you further agree as follows:
a. Agreement to Pay.
(i) Personal Premium Service. If you are a Personal Premium Service User, you will be responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of subscription. Applicable taxes, and other charges and fees incurred in order to access the Premium Services may also apply.
If Your Premium Service membership is a subscription it will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the Premium Services or continued use of the paid subscription features of the Premium Service will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically downgraded to the Basic Service effective as of the end of your current billing cycle. The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. If (i) you purchased a multiple-period prepayment plan or (ii) you were eligible for a promotional rate but are no long eligible for that rate, then your subscription will be offered to renew your subscription at our then-current non-promotional subscription rates at the start of the renewal period. If you wish to renew and we are currently offering promotional rates at such time, you must renew your subscription prior to the termination of your current plan. If you fail to renew your subscription for any Premium Services before its scheduled expiration date, then the then-current non-promotional subscription rate will apply.
c. Cancellation of Personal Premium Service Subscription.
You can cancel your subscription at any time by visiting https://gyna.co/billing or by such other means as we may provide from time to time. If you subscribed via PayPal you can cancel your subscription by logging in to PayPal. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid subscription for Premium Service, your subscription will remain active until the end of your then-current subscription period. Data is retained after cancellation for a period of six (6) days. If you sign back up for Premium Services after that time frame, your previous data will not be available.
d. No Refund Policy.
(i) All fees and charges assessed by Gyna.co are non-refundable. (ii) If you choose to cancel your subscription within your trial period, you will not be charged for the subscription. (iii) If you terminate your paid subscription for Premium Service after the trial period, your subscription will remain active until the end of your subscription period, and no subsequent charges will be processed. e. Modifications. We reserve the right to revise the terms of the fee charge, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website and/or Mobile App or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Any changes made will apply to all memberships created or renewed after the date such change was implemented.
14. USER ACCOUNT AND SECURITY
In connection with your use of certain features of the Services, you will be required to complete a registration form. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Services will be current, complete and accurate. As a registered user of the Services, you are entirely responsible for maintaining the confidentiality of your user account information. You may not use the account or user name of any other member at any time. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s user account information. You are also entirely responsible for any and all activities which occur under your user account. We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge. You may also be held liable for any losses incurred by Gyna.co, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account. As a subscriber to our Premium Services, you further agree as follows: a. Subscription Data. For purposes of your use of the Premium Service including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Premium Service (“Subscription Data”). You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Services (or any portion thereof). You are obligated to check whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data.
b. One Account Per User. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website. If your registration or subscription is revoked for any reason (other than in cases where you are switching over from Business Premium Services to Personal Premium Service and vice versa), you agree not to register or subscribe again with our Services using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms & Conditions or by law.
15. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM Gyna.co & BUSINESS CUSTOMERS
16. PREGNANCY GUARANTEE
Some customers may be offered a “Pregnancy Guarantee.” We believe that we significantly increase the chances of each user such that we can afford to offer a money back guarantee for the program. In order to qualify for money back due to not getting pregnant, users must have:
- Viewed at least one recipe each week.
- Logged at least one fertility sign or menstrual cycle event in the menstrual cycle tracking calendar tool each month (if feature is accessible to user).
- Completed courses on three different days each week until all courses are completed.
Each guarantee exclusively applies for each billing period. If a user chooses to stay subscribed for a second program, they shall receive a new guarantee for the duration of their second program.
17. SMS messages
As part of a subscription or trial, we will SMS you course reminders when possible and login links upon request. Please note we are not able to guarantee delivery of SMS messages to all customers.
HOW TO CONTACT Gyna.co
Any questions or concerns about these terms and conditions of use should be brought to Gyna.co’s attention via emailing Gyna.co at support@Gyna.co.