Terms of Service & Privacy Policy
THANK YOU FOR USING OUR APPLICATION (Woman’s Pregnancy). PLEASE READ THIS TERMS OF USE AGREEMENT (the “Agreement”) CAREFULLY. IT IS A LEGAL AND BINDING CONTRACT BETWEEN YOU AND WOMAN’S HOSPITAL, A LOUISIANA NON-PROFIT HOSPITAL, WHICH WE RESERVE THE RIGHT TO MODIFY AND/OR AMEND WITHOUT NOTICE. WHEN YOU CLICK ON THE “I ACCEPT” BUTTON AFTER REGISTERING FOR WOMAN’S HOSPITAL’S PREGNANCY MOBILE APPLICATION (the “Application”), YOU AGREE THAT YOU UNDERSTAND THE AGREEMENT AND AGREE TO BE BOUND BY IT IN ITS ENTIRETY. IF YOU DO NOT AGREE WITH THE TERMS OF THE AGREEMENT, YOU SHOULD CLICK THE “I DECLINE” BUTTON BELOW AND IMMEDIATELY DISCONTINUE YOUR USE OF THE APPLICATION.
1. USE OF WOMAN’S HOSPITAL’S APPLICATION
Your use of WOMAN’S HOSPITAL’S Application is governed by and subject to each and every term of this Agreement. The terms “you” and “your” as used in this Agreement pertain to each user of the Application. The terms of this Agreement will cover any situation where you use and access the Application or you permit a person to use and access the Application, even if that person is not listed on your account information.
2. GRANT OF LICENSE AND OWNERSHIP OF APPLICATION AND INTELLECTUAL PROPERTY
Based on the conditions set forth in this Agreement and other policies incorporated herein by reference, WOMAN’S HOSPITAL hereby licenses to you on a non-exclusive and non-transferable basis the right to use WOMAN’S HOSPITAL Application and underlying Software (“Software”). WOMAN’S HOSPITAL retains all intellectual property rights under federal copyright law, federal patent law, and any applicable state law to the Application, Software, and any text, images, and models contained therein. In addition, the names of actual companies and products mentioned herein are the trademarks of their respective owners. You may not delete or in any manner alter any copyright, trademark, and other proprietary rights notices or markings appearing on any information that you receive from WOMAN’S HOSPITAL or which appears on WOMAN’S HOSPITAL’S Application.
3. MEDICAL TREATMENT/DIAGNOSIS
The information provided in this Application is for general and educational purposes only and is NOT intended to constitute medical advice or recommendations for diagnosis, treatment, or prevention of any disease or physical condition. You should consult with your own healthcare provider about your own personal health and the health of your baby. Do notact or rely on any information included in this Application for medical diagnosis, treatment, or decision-making. Use of ‘Woman’s Pregnancy’ and/or its ‘Tools’ is under the discretion of the user and does not replace formal advice from a doctor or health care provider. The user assumes all risks associated with using the tools. No liability will be assumed by WOMAN’S HOSPITAL or any of its directors, officers, employees, agents, or the developers.
For the health and safety of yourself and your baby, it is important to see a healthcare provider early in your pregnancy, and to work with your healthcare provider throughout your pregnancy to keep yourself and your baby happy, healthy and safe. Always call your healthcare provider with any questions you may have about your pregnancy.
4. OWNERSHIP AND SECURITY OF YOUR DATA
WOMAN’S HOSPITAL does not own any data, information, or material that you submit to WOMAN’S HOSPITAL in the course of using its Application (“Customer Data”). You, not WOMAN’S HOSPITAL, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and WOMAN’S HOSPITAL shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
Customer Data entered into the Application, including without limitation, user‑provided content such as pregnancy milestones, preferences, or notes, is stored locally on your mobile device and is not transmitted to or stored by WOMAN’S HOSPITAL on its servers, with the exception of minimal Customer Data you enter to register for the Application. Limited device or Application data may be processed as necessary to support Application functionality, maintenance, or analytics as described in this Agreement and the Privacy Policy below.
WOMAN’S HOSPITAL does not represent or warrant that your Customer Data could not become available to third parties. The uploading, emailing, or otherwise making available any information contained in the Application to a third party is the sole responsibility of you. By using this Application, you hereby acknowledge that you understand and accept the risk that any information you enter into the Application may become available to third parties and that you indemnify and hold harmless WOMAN’S HOSPITAL from any claim or demand related to that risk.
5. PRIVACY POLICY
This privacy policy tells you how WOMAN’S HOSPITAL uses personal information collected by the Application. The information collected through this Application is limited in nature and is used to support application functionality, improve user experience, and maintain the security and performance of the Application.
By using the Application, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted, and changes will only apply to activities and information on a going forward, not retroactive, basis. You are encouraged to review the privacy policy in the settings section of the Application to make sure you understand how any personal information you provide will be used. Note: the privacy practices set forth in this privacy policy are for the Woman’s Pregnancy Application only. If you use other applications, please review the privacy policies posted there.
A. Information collected to register Account Holders and End Users
Non-public personal information that WOMAN’S HOSPITAL collects and reviews to register any Users may be disclosed, as provided by state and/or federal laws, to companies that perform services on our behalf so that we may provide customers with competitive products and services. We may also disclose non-public personal information about you under circumstances as permitted or required by state and/or federal law or where we have a good faith belief that such action is necessary to comply with a judicial proceeding, a court order, or legal request by a governmental agency. We restrict access to non-public information about you to those employees who need to know that information to provide the Application to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your non-public personal information. No method of transmission of information over the Internet or electronic storage, however, is completely secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
In addition to information collected to register users, the Woman’s Pregnancy Application may collect the following types of information:
- Device Information: Information such as device type, operating system version, and unique device identifiers may be collected to support application functionality and analytics.
- Usage Data: Information regarding how users interact with the Application, such as screens viewed, features used, or session duration, may be collected in an aggregated and de identified form to help improve Application performance and usability.
- User Provided Content: Information voluntarily entered by the user into the Application, including pregnancy milestones, preferences, or profile information. This information is primarily stored locally on the user’s device.
B. Information submitted by you through the Application
In using the Application, we understand that you will be sending Customer Data, including, but not limited to, non-public and personal information through the Application provided under this Agreement. While monitoring or repairing the Application, employees of WOMAN’S HOSPITAL may gain access to Customer Data in order to maintain the Application. We restrict access to such information to those employees or agents of WOMAN’S HOSPITAL who need access to maintain the Application. We also follow generally accepted industry standards to protect Customer Data, both during transmission and once received. No method of transmission over the Internet or electronic storage, however, is completely secure. Therefore, while we strive to use commercially acceptable means to protect Customer Data, we cannot guarantee its absolute security. Under no circumstances shall WOMAN’S HOSPITAL be liable for any loss, damage, or other consequences relating to or arising from the use or storage of Customer Data on the Site.
D. Third-Party Intermediaries
WOMAN’S HOSPITAL does not sell personal data collected through the Application to third parties. We do not share personal information with third parties except as needed to fulfill a request for access to WOMAN’S HOSPITAL’S Application, as applicable, such as with a credit card authorization company. WOMAN’S HOSPITAL does not maintain any of your credit card information. Any third-party credit authorization companies or credit card billing companies do maintain personal information for any secondary purposes
E. Receipt of Marketing Materials
Every User that signs up for WOMAN’S HOSPITAL’S Application agrees to receive any marketing material and information that WOMAN’S HOSPITAL produces regarding new features of the Application. Every Account Holder and End User also agrees to receive service announcements of any type regarding WOMAN’S HOSPITAL’S Application.
F. Data Retention
WOMAN’S HOSPITAL retains collected through the Application only for as long as necessary to fulfill the purposes described in this Agreement and privacy policy or as required by applicable law.
- Analytics and usage data, where collected, is retained in aggregated and de identified form for up to 24 months for Application improvement purposes.
- User provided content stored locally on a user’s device remains available until the user deletes it, resets the Application, or uninstalls the Application.
G. Data Deletion
You may delete information entered into the Application at any time by navigating to More > Reset App and selecting “Reset,” or uninstalling the Application from your mobile device.
6. CONFIDENTIALITY
You agree that the Application and the Software contain proprietary information, including, but not limited to, trade secrets, know-how, and other confidential information that is WOMAN’S HOSPITAL’S exclusive property. During the effective period of this Agreement and all times afterward, you agree that you will not disclose any trade secrets, know-how, confidential information to third parties without WOMAN’S HOSPITAL’S prior written authorization. You further agree to take the necessary precautions to safeguard and maintain the confidentiality of WOMAN’S HOSPITAL’S trade secrets, know-how, and confidential information. You agree that any breach of this Section will irreparably harm WOMAN’S HOSPITAL and that WOMAN’S HOSPITAL is entitled to seek injunctive relief in addition to any other remedies that WOMAN’S HOSPITAL may have at law or in equity.
7. DISCLAIMER OF WARRANTY ON APPLICATION AND SOFTWARE
WOMAN’S HOSPITAL does not warrant that the Application or Software are error free or that the Application or Software will be free of downtime; nor does WOMAN’S HOSPITAL make any warranty as to the results to be obtained from use of the Application or Software. The Software and content are distributed on an “as is” basis. WOMAN’S HOSPITAL and their respective agents do not make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the software or content.
8. LIMITATION OF LIABILITY
The user assumes all responsibility and risk for the user of ‘Woman’s Pregnancy’ Application or the ‘Woman’s Pregnancy’ website. Under no circumstances shall WOMAN’S HOSPITAL or its contributors, employees or anyone else involved in creating or maintaining the ‘Woman’s Pregnancy’ Application be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMANGES, or LOST PROFITS (even if the possibility of such damages is known) that result directly or indirectly to you or your pregnancy from the us, or inability to use the Application or its associated website and/or any other websites that are linked to the Application or website or that result directly or indirectly from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any other failure of performance, communications failure, theft, destruction or unauthorized uses. Informational content or suggestions contained in the Application do not necessarily represent the opinions of WOMAN’S HOSPITAL. You expressly agree that the entire risk to the quality and performance of the products and the accuracy or completeness of the content is assumed solely by you the user.
9. INDEMNIFICATION
You agree that you will, at your expense, defend, indemnify, and hold harmless WOMAN’S HOSPITAL and its affiliates, officers, directors, employees, agents, and attorneys from and against any and all claims, demands, liabilities, costs, expenses (including attorney’s fees), losses, damages, judgments, or settlements arising or resulting from (a) any claims, demands, actions, and other proceedings by any party, including any third party, arising out of or relating to this Agreement; (b) your use of the Application and Software; (c) your use of any third party’s services or products; (d) your collection, distribution, dissemination, sharing, use, or sale of information provided to third parties; (e) your violation of any local, state, federal, or international laws or breaches of this Agreement; and (f) any act or omission by you or your agents, employees, or independent contractors for any services agreed to be performed by any third party.
10. TERMINATION
This Agreement and user’s access to WOMAN’S HOSPITAL’ Application and website will terminate immediately without notice from WOMAN’S HOSPITAL if user fails to comply with any provision of this Agreement. WOMAN’S HOSPITAL reserves the right to terminate this Agreement and to refuse, restrict, or discontinue service or access to the Application and the Software for any reason, including, but not limited to, discovery that any information provided by a user in the account registration process is, at any time, untrue, inaccurate, or incomplete or if a user otherwise fails to comply with the terms of this Agreement or any licenses or other agreements that the user has with WOMAN’S HOSPITAL to use the Application.