0. Notice before you read on
THESE TERMS LIMIT OUR LIABILITY TO YOU AND DISCLAIM WARRANTIES. SECTION 14 AND SECTION 15 SAY BY HOW MUCH.
IF YOU LIVE IN THE UNITED STATES, SECTION 19 REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND WAIVES YOUR RIGHT TO A JURY AND TO TAKE PART IN A CLASS ACTION. YOU MAY REJECT SECTION 19 BY WRITING TO US WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS. SECTION 19.8 SAYS HOW.
OUR HEALTH APPS DO NOT GIVE MEDICAL ADVICE AND NEVER CHOOSE A DOSE. SECTION 11 AND THE HEALTH TRACKING ADDENDUM EXPLAIN WHAT THEY DO AND WHAT YOU TAKE ON BY USING THEM.
1. Who we are, and what these Terms cover
We are Pretty Boa Media Ltd, a company registered in Israel, company number 515631778, registered office HaSadna 11, Raanana, 4365006, Israel (“Pretty Boa”, “we”, “us”, “our”).
These Terms of Service are a contract between you and us. They govern your use of our mobile applications, everything in them, and our websites — together, the “Services”. “You” means the person using them.
You accept these Terms by downloading, installing or using any of the Services. If you do not accept them, do not use the Services and delete the app.
2. The documents that make up our agreement
Our agreement with you consists of:
- these Terms;
- the privacy policy published for the app you are using;
- for GLP1 Tracker – Glo and Peptide Plus, the Health Tracking Addendum; and
- any additional terms we present inside an app for a particular feature, at the time you use it.
Where two of these differ about the app you are using, the more specific one governs: feature terms first, then the Health Tracking Addendum, then these Terms.
3. Who may use the Services
You must be old enough to enter into a binding contract where you live. Our health apps — GLP1 Tracker – Glo and Peptide Plus — are for people aged 18 or over, with no exception. For our other apps, if you are a minor, a parent or guardian must read and accept these Terms and supervise your use, and by using the app you confirm they have.
You may not use the Services if we have previously terminated your access, or if the law where you are forbids it.
4. Your licence, and what you may not do
We own the Services, including the software, text, graphics, sound, layout and the arrangement of it all, and everything in them is protected by copyright and other rights. We are not selling you the software; we are licensing it.
Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive and non-transferable licence to install and use the app on a device you own or control, for your own personal, non-commercial use.
You may not, and may not allow anyone else to:
- copy, sell, rent, lend, sublicense or distribute the app, or make it available to anyone else;
- modify, translate, adapt or create derivative works from it;
- reverse engineer, decompile or disassemble it, or try to derive its source code, except to the extent the law expressly allows you to despite this clause;
- remove or obscure any copyright, trademark or other notice;
- circumvent, disable or interfere with any security feature, licence check or purchase mechanism, or use the app on a device whose operating-system protections have been removed;
- use any robot, scraper or automated means to access or extract data from the Services, or take any action that puts unreasonable load on our systems;
- use the Services to build, train or evaluate a competing product or service; or
- use the Services for anything unlawful, or in a way that infringes anyone’s rights.
5. Your entries, and keeping them
What you enter into an app is yours. Our privacy policy for that app says what is stored, where, and what we can and cannot see.
We do not read or review what you enter, and we do not check it for errors. Where an app keeps your records on your device rather than on our servers — which our privacy policy will tell you — we have no copy of them, and we cannot recover them for you if you lose your device, delete the app, or reset it. Keeping a backup is up to you, through your device’s own backup, or by exporting your data where the app offers it.
6. Accounts, where an app has one
Several of our apps need no account at all, and say so. Where an app does offer or require one, this section applies to it.
Give accurate information when you register, and keep it up to date. Keep your credentials to yourself; you are responsible for what happens under your account, and you must tell us promptly at support [at] prettyboamedia.com if you believe someone else has access to it. An account is for one person and may not be shared or transferred. We may suspend or close an account that is in breach of these Terms, and we will tell you why unless the law prevents us.
7. Anything you send us
Some of our apps let you send us material — a support message, a document you choose to upload for processing, feedback. Where they do:
- You keep every right you have in it. You grant us only the licence we need to run the feature you used it for — to host, store, process, transmit and display it for that purpose, and to keep it for as long as our privacy policy says.
- You confirm you have the rights to send it and that doing so breaks no law and infringes no one else’s rights.
- We have no obligation to monitor what you send, and we do not endorse it. We may remove material that breaches these Terms or the law, and may withdraw access for repeated infringement.
- Feedback and suggestions are the one exception: we may use them freely, without obligation to you, and you need not send them.
8. Acceptable use
Do not use the Services to break the law, to harass or harm anyone, to impersonate anyone, to distribute malware, to probe or test the security of our systems without our written permission, or to interfere with anyone else’s use of them.
9. Purchases, subscriptions and free trials
Who you are buying from
All purchases in our apps are made through the app store you installed the app from — Apple’s App Store or Google Play. That store is the merchant, takes your payment and holds your billing relationship. We never see your payment details. The store’s own terms apply to the transaction alongside these Terms.
Auto-renewal
Unless the app says otherwise, a subscription renews automatically at the end of each period at the price then shown, and the store charges you within 24 hours before the period ends. It keeps renewing until you cancel. To cancel, turn off auto-renewal in your app-store account settings at least 24 hours before the period ends. Deleting the app does not cancel a subscription, and we cannot cancel one for you.
Free trials and introductory offers
Where we offer a free trial, it converts into a paid subscription at the end of the trial unless you cancel at least 24 hours before it ends. If you buy a subscription while a free trial is running, you give up the rest of the trial. An introductory or promotional price applies only for the period stated, and only once per store account; after it, the standard price applies.
Prices and what a subscription buys
We may change prices for future periods. The store will notify you, and where the law or the store requires it, will ask for your agreement before renewing at a new price. A subscription gives you access to the app’s paid features as they are from time to time. We add, change and retire features, and a subscription is not a promise that any particular one will keep existing.
Refunds
Refunds are handled by the app store under its own policy, and we can neither grant nor refuse one. Ask Apple or Google. Nothing here affects a statutory right to a refund or to cancel that the law where you live gives you and does not let us exclude — including, for consumers in the EEA and the UK, the right to withdraw from a purchase of digital content within 14 days, which you lose once we have begun supplying it at your request and you have acknowledged that you lose it.
10. Changes to the Services, and to these Terms
We may change, add to, suspend or discontinue any part of the Services, and may stop supporting older operating-system versions or devices. We will not do it in a way that deprives you of something you have already paid for, for the period you paid for it.
We may change these Terms. When we do, we will post the updated Terms on our website and change the “Last updated” date at the top; that posting is the notice. The updated Terms take effect on that date. If you keep using the Services after it, the updated Terms apply to you. If you do not accept them, stop using the Services and cancel any subscription through the store.
Two limits on that. A change to §19 does not apply to any dispute we already had notice of when the change took effect. And if we change §19, you may reject the change by writing to legal [at] prettyboamedia.com within 30 days of the date the change was posted, in which case the version of §19 in force immediately beforehand continues to govern disputes between us.
11. Health apps: what they are, and what you take on
This section summarises the Health Tracking Addendum, which contains the full terms and governs where it differs from these. Read it.
- They are record-keeping tools. They store what you choose to enter and do arithmetic on the numbers you type. Neither is a medical device. Neither diagnoses, treats, cures or prevents any condition.
- They do not advise you. Nothing in them is medical advice, and using one creates no doctor–patient or other professional relationship. The app never recommends, suggests or selects a dose, a medicine or a combination, and never tells you to change one. Every dose recorded in it is a number you entered.
- A pre-filled schedule is not a prescription. It comes from the manufacturer’s published prescribing information, is not reviewed by a clinician, and is yours to replace. Only your prescriber can decide your dose.
- Estimates are models, not measurements. An estimated medication level is calculated from published pharmacokinetic data and the doses you logged. It measures nothing in your body and must not be used to time, size or skip a dose. Projections apply published averages and are not a prediction of your result.
- Calculations depend entirely on what you type. The app cannot detect a mistyped figure, a mislabelled vial or a syringe of a different standard. Check every calculation against what is in your hand.
- Reminders are not guaranteed. Notifications depend on your device and its operating system and may be delayed, silenced, repeated or never delivered. Do not rely on the app to tell you to do anything.
- Not for emergencies. The app does not monitor you and cannot summon help. If you feel unwell, contact a healthcare professional; in an emergency call your local emergency number.
YOU AGREE THAT DECISIONS ABOUT WHAT TO TAKE, HOW MUCH, AND WHEN ARE YOURS ALONE; THAT YOU TAKE THEM AT YOUR OWN RISK AND SHOULD TAKE THEM WITH A QUALIFIED HEALTHCARE PROFESSIONAL; AND THAT YOU ACCEPT THE RISKS OF SELF-ADMINISTERING ANY SUBSTANCE, INCLUDING ONE NOT APPROVED FOR HUMAN USE. YOU AGREE NOT TO RELY ON THE SERVICES IN PLACE OF YOUR PRESCRIBER, YOUR PHARMACIST OR THE LABEL OF THE MEDICINE YOU ARE TAKING.
12. Third parties, and other people’s names
The Services rely on third parties — the app stores, payment processing, analytics and crash reporting, and, where you switch them on, platforms such as Apple Health or Health Connect. Their own terms and privacy policies apply to what they do, and we are not responsible for their services, nor for any website we link to.
All product, medicine and brand names are the property of their owners. Our apps are not affiliated with, endorsed by or sponsored by any manufacturer, and naming a product describes only what you can record.
13. Termination
You may end this agreement at any time by stopping use of the Services and deleting the app — remembering that deleting it does not cancel a subscription. We may suspend or end your access if you breach these Terms, if we are required to by law, or if we discontinue the app. When this agreement ends your licence ends with it and you must stop using the Services; §§4, 5, 7, 14, 15, 16, 18, 19 and 20 survive.
14. Disclaimer of warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT ANY DEFECT WILL BE CORRECTED; THAT ANY DATA WILL BE PRESERVED OR FREE OF LOSS; OR THAT ANY FIGURE, ESTIMATE, SCHEDULE, PROJECTION OR REMINDER THE SERVICES DISPLAY IS ACCURATE, COMPLETE, CURRENT OR SUITABLE FOR YOU. WE DO NOT WARRANT THAT USING THE SERVICES WILL PRODUCE ANY HEALTH, WEIGHT, ADHERENCE OR OTHER OUTCOME.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.
Some jurisdictions do not allow the exclusion of implied warranties or limits on how long an implied warranty lasts. Where that is so, the exclusions above apply to the fullest extent those jurisdictions permit, and any implied warranty that cannot be excluded is limited to the shortest period they allow.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, NOR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, OR DATA, NOR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS — EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID FOR THE APP IN QUESTION IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100).
THESE LIMITS APPLY HOWEVER THE CLAIM ARISES — IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE — AND APPLY EVEN IF A LIMITED REMEDY IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
What these limits do not touch
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited. That includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for our gross negligence or wilful misconduct, and any liability under a mandatory consumer-protection or product-liability law that does not permit exclusion. Nothing in these Terms takes away a statutory right you have as a consumer.
You accept that the limits in this section, together with §14, reflect a reasonable allocation of risk and are a basis of the bargain between us, and that without them the price of the Services would be different.
16. Indemnity
To the extent permitted by law, you will indemnify and hold us and our directors, officers, employees and agents harmless from any third-party claim, and from the resulting losses, liabilities, damages, costs and reasonable legal fees, arising out of or relating to: your breach of these Terms; your use of the Services in violation of any law or anyone’s rights; anything you obtained, possessed, prepared or administered; and any reliance by another person on data you exported or shared from the Services.
We will tell you promptly of any claim we ask you to indemnify, and you may not settle it in a way that admits fault on our part or imposes an obligation on us without our written consent. We may take over the defence of any such claim at our own cost. This section does not apply to the extent the law where you live restricts an indemnity given by a consumer.
17. App-store terms
If you got the app from Apple’s App Store
This agreement is between you and us only, not with Apple, and Apple is not responsible for the app or its content. Apple has no obligation to provide any maintenance or support for the app. If the app fails to conform to any warranty we give, you may tell Apple, and Apple will refund the purchase price; to the maximum extent permitted by law Apple has no other warranty obligation whatsoever. We, and not Apple, are responsible for addressing any claim that the app or your use of it infringes intellectual property rights, for product-liability claims, for any claim that the app fails to conform to a legal requirement, and for claims arising under consumer-protection or similar law. Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.
If you got the app from Google Play
Your use is also subject to the Google Play Terms of Service. Google is not a party to this agreement, has no responsibility for the app or its content, and has no obligation to provide maintenance or support for it. Google is not liable for any claim relating to the app. Google is a third-party beneficiary of this agreement to that extent.
Export control and sanctions
You confirm that you are not located in a country subject to a United States Government embargo or designated by it as a “terrorist supporting” country, and that you are not on any United States Government list of prohibited or restricted parties. You will not use or export the app in breach of any applicable export-control or sanctions law, including those of the United States and of Israel.
18. Governing law and where disputes are heard
These Terms, and any dispute arising out of or relating to them or to the Services, are governed by the laws of the State of Israel, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to §19, the competent courts of Tel Aviv-Yafo, Israel have exclusive jurisdiction, and each of us submits to it.
Two things this does not do. It does not deprive you, as a consumer, of the protection of any mandatory law of the country where you habitually live, nor of any right you have under that law to bring proceedings in your own country’s courts. And if you live in the United States, §19 governs how disputes between us are resolved, and the Federal Arbitration Act — not Israeli law — governs the interpretation and enforcement of §19.
19. Dispute resolution for United States residents
READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE MOST DISPUTES WITH US BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY REJECT IT WITHIN 30 DAYS — SEE §19.8.
This section applies if you live in the United States or its territories. It does not apply to anyone else, whose disputes are governed by §18.
19.1 Talk to us first
Before either of us starts an arbitration, the one with the complaint must send the other a written Notice of Dispute: your name, the address and email associated with your use of the app, which app it concerns, what happened, and what you want us to do. Send it by post to our registered office in §1, or through the contact form on prettyboamedia.com. You may also email it to legal [at] prettyboamedia.com (written that way to deter address harvesters — replace [at] with @). We will send ours to the address we have for you. We each then have 60 days to resolve it, and either of us may ask for an informal conference by telephone or video. Completing this step is a condition of starting an arbitration, and any limitation period is paused while it runs. A court may enjoin a filing made before it is complete.
19.2 Binding individual arbitration
If we have not resolved the dispute within those 60 days, any dispute, claim or controversy arising out of or relating to these Terms or to the Services — including their formation, interpretation, breach or termination, and including claims that arose before you accepted these Terms — will be resolved by binding individual arbitration rather than in court, except as §19.4 provides. The Federal Arbitration Act governs the enforceability of this agreement to arbitrate, and nothing else; the substance of any dispute between us is decided under the law chosen in §18. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and its Consumer Minimum Standards as they stand when the demand is filed, and one arbitrator will decide. Except as §19.5 provides, the arbitrator decides all questions of arbitrability and of the scope, interpretation and enforceability of this section.
If JAMS is unavailable. Should JAMS decline or be unable to administer the arbitration, it will instead be administered by the American Arbitration Association under its Consumer Arbitration Rules. If neither will administer it, we will agree on another established administrator that maintains published consumer arbitration rules; failing agreement within 30 days, either of us may ask a court to appoint an arbitrator under section 5 of the Federal Arbitration Act. The identity of the administrator is not an essential term of this section, and the unavailability of any particular administrator does not make this section unenforceable.
19.3 How the arbitration runs, and who pays
You choose how it is conducted: on documents alone, by telephone or video, or at an in-person hearing in the county where you live. The administrator’s consumer rules govern fees, and we will pay everything those rules allocate to us — under the JAMS Consumer Minimum Standards your share is capped at the initial filing fee those standards set, and we pay the rest. We will not seek our own costs or legal fees from you unless the arbitrator finds your claim was frivolous or brought in bad faith. The arbitrator may award any individual relief a court could award, including statutory damages and legal fees where a statute provides for them, and must give a written decision explaining the award. Any award may be entered as a judgment in any court with jurisdiction.
19.4 What stays out of arbitration
- Either of us may bring a claim in a small-claims court if it qualifies and stays there on an individual basis.
- Either of us may ask a court for an injunction or other equitable relief to stop infringement or misuse of intellectual property.
- Nothing stops you reporting anything to a government agency, or stops an agency seeking relief on your behalf.
19.5 Class-action waiver
YOU AND WE EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED OR REPRESENTATIVE PROCEEDING, AND NOT AS A PRIVATE ATTORNEY GENERAL EXCEPT WHERE A STATUTE MAKES THAT RIGHT NON-WAIVABLE. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.
This paragraph is not severable from the rest of §19. If it is found unenforceable as to a particular claim, or as to a particular request for relief, then §19 does not apply to that claim or request, which must instead be brought in a court identified in §18 or in a court of competent jurisdiction where you live; the rest of §19 continues to apply to everything else. Where the law reserves a claim for public injunctive relief to the courts, that claim proceeds in court and is stayed until the arbitration of the individual claims is complete.
19.6 Jury-trial waiver
YOU AND WE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
19.7 If many similar claims are filed together
If 25 or more Notices of Dispute raising substantially similar claims are sent by or with the coordination of the same counsel or organisation within 90 days of one another, we will each treat them as a set: the administrator will handle them in batches of up to 50, each batch before a single arbitrator and paying a single set of filing and administrative fees, with the first batch treated as a bellwether whose outcome we will each consider in good faith before the next proceeds. Limitation periods are paused for every claim in the set while the batching runs. A court may enforce this paragraph.
19.8 Your 30-day right to opt out
You may reject this §19 entirely. Write to our registered office in §1, or use the contact form on prettyboamedia.com, or email legal [at] prettyboamedia.com, within 30 days of the date you first accepted these Terms, giving your name, the email address you use with the app, which app it is, and a statement that you decline to arbitrate. That is all it takes. If you opt out, §19 does not apply to you and §18 governs our disputes; nothing else in these Terms changes, your use of the Services is unaffected, and we will not treat you differently for having done it. Opting out of an amendment to §19 is a separate right, described in §10.
19.9 Time limit
To the extent the law where you live permits it, any claim arising out of or relating to these Terms or the Services must be filed within one year after it arose, or it is permanently barred.
19.10 Survival
This §19 survives the end of this agreement and the deletion of the app. If any part of it other than §19.5 is found unenforceable, that part is severed and the rest continues to apply.
20. General
Entire agreement. The documents in §2 are the whole agreement between us about the Services, and replace anything said or written before.
Severability. If a provision is found unenforceable, it is to be enforced to the greatest extent the law allows, or, if it cannot be, severed; the rest remains in force. §19.5 is the exception, and §19.5 says why.
No waiver. If we do not enforce a provision, we have not given it up.
Assignment. You may not assign or transfer this agreement. We may assign it to an affiliate, or in connection with a merger, acquisition or sale of assets, and will tell you if we do.
No other beneficiaries. No one other than you and us has any right under this agreement, apart from Apple and Google as §17 provides.
Events outside our control. Neither of us is liable for a failure to perform caused by something beyond our reasonable control, for as long as it lasts.
Notices. We may give you notice in the app, by email to an address you have given us, or by posting on our website. Notices to us go to legal [at] prettyboamedia.com or to our registered office in §1, except a Notice of Dispute, which goes where §19.1 says.
Language. These Terms are written in English. Where we provide a translation, the English version governs to the extent the law allows.
Headings. Headings are for convenience and do not affect meaning.
21. How to reach us
Pretty Boa Media Ltd, HaSadna 11, Raanana, 4365006, Israel.
General and support: support [at] prettyboamedia.com
Legal notices, including a Notice of Dispute under §19.1 or an opt-out under §19.8: legal [at] prettyboamedia.com
If you are a consumer in the EEA or the UK and you are unhappy with how we have handled a complaint, you may have the right to refer it to a dispute-resolution body or a consumer authority where you live. Nothing in these Terms affects your statutory rights.