Terms and Privacy

1.INTRODUCTION

Welcome to use Pink Daily - Period Tracker ("OUR PRODUCT")! Youruse of Product is subject to these Terms ("Service" or "OurService").

Pink Daily - Period Tracker - The most accurate: predictions arebased on your cycles and improve over time.

Your use of OUR PRODUCT is subject to theterms and conditions of these Terms of Use ("Terms"). Pleaseread these Terms carefully.

You must comply with these Terms in youruse of OUR PRODUCT and only use OUR PRODUCT as permitted by applicable laws andregulations, wherever you may be when you use it. You must review these Termsto understand how you can and cannot use OUR PRODUCT. If you do not agree tothese Terms, you must not download or install or otherwise use OUR PRODUCT.

You must also comply with our PrivacyPolicy in using Our Service. To the extent that our Privacy Policy is differentfrom these Terms, the Privacy Policy will apply.

2.CONTRACTING ENTITY

By downloading, installing and using OURPRODUCT, you are agreeing to be bound by these Terms between you and Pink Daily - Period Tracker Team.("We", "Our" and "Us").

If you are under the age of 13, you mustnot use our services. If you are between the ages of 13 and 18 (or the relevantage in your jurisdiction where you are considered a minor), your parent orguardian must agree to these Terms (both for themselves and on your behalf)before you can use Our Service.

3.CHANGES TO TERMS AND OUR SERVICES

We may make changes to these Terms overtime, so please come back and review them.

In addition, as Our Service and userexperience are constantly evolving, we may from time to time (and to the extentpermitted by applicable law) add, change or remove features from Our Service(including in relation to whether a service is free of charge or not), orsuspend or terminate a service altogether.

By continuing to use Our Service after wemake any changes to these Terms or Our Service, you are agreeing to be bound bythese revised Terms.

4.DECLARATION ON INTELLECTUAL PROPERTY

OUR PRODUCT is developed by us. Allintellectual property rights of OUR PRODUCT, as well as all other information,including but not limited to literal expression and combinations, icons,illustrations, charts, colors, interface design, layout framework, data,printed materials and electronic documents, are the exclusive property of us,and are subject to protections in accordance with the domestic andinternational laws and regulations, the International Copyright Treaty andother applicable laws and regulations. Except as otherwise expressly providedherein, you have no right to use our intellectual property rights. Inparticular, you have no right to use our trademarks or product names, logos,domain names or other distinctive brand features without our prior writtenconsent. Any comments or suggestions you may provide to us by any meansregarding Our Service are entirely voluntary and we will be free to use thesecomments and suggestions at our discretion without any payment or otherobligation to you.

You agree not to conduct any acts thatcould in any way impair and/or damage our rights in connection with theintellectual property mentioned herein. We reserves the right to seekaccountability for such unauthorized acts, and you shall be liable for any andall damages, losses, costs and expenses we incur in connection with yourviolation of these Terms.

5.SCOPE OF LICENSE

Although we continue to own OUR PRODUCT,after your acceptance of these Terms you will have certain rights to use OURPRODUCT during the entire time period when OUR PRODUCT is installed on yourmobile device. All rights not expressly granted to you are retained by us.These Terms govern any releases, revisions, updates or enhancements to OURPRODUCT that we may make available to you.

You may install, use, display and run OURPRODUCT in a personal computer ("Device") solely for non-commercialpurposes and in accordance with these Terms. Installation, use, display oroperation of OUR PRODUCT for commercial purposes is forbidden.

You shall have the right to receive newfeatures to and versions of OUR PRODUCT as we, in our sole discretion, makesuch features and versions available. In order to optimize OUR PRODUCT, and toprovide you with the most current version of OUR PRODUCT, you agree OUR PRODUCTcan automatically download and install new updates and versions of the OURPRODUCT as they are made available by us in our sole discretion. You agree toreceive and permit us to deliver such new updates and versions to your mobiledevice. Additionally, we may modify these Terms to reflect such updates andversions and you agree to such updated terms.

You may not copy, modify, reverse compile,reverse engineer or extract source codes from OUR PRODUCT, except to the extentthat we may not prohibit you from doing so under applicable laws or regulationsor you have our prior written consent to do so. Where applicable laws orregulations entitle you to reverse compile or extract source codes from OURPRODUCT, you will first contact us to request the information you need.

6.PRIVACY POLICY                               

The use of Our Service may involve thecollection and use of your Information on Our Service. It is important for youto understand how this happens and how you may control it. By using OurService, you confirm that you have read and consent to our followingactivities:

a)the collection of the information as howyou use OUR PRODUCT (such as the time when you install OUR PRODUCT, version ofOUR PRODUCT you are using, how you use the various functions and features thatavailable to you), the information about your mobile device (such astheoperating system, hardware version, device settings, device identifiers) andyour communication with us

b)the processing of your information forthe following purpose: (i) to administer and maintain the functions andfeatures that are part of Our Service; (ii) to analyze, develop and improve OurService and develop new products and services; (iii) to detect and preventabusive, fraudulent, malicious or potentially illegal activities, and toprotect the rights, safety or property of our users;( iv) to perform otherfunctions as may otherwise be described to you at the time of collection or asenabled by you in relation to Our Services

c)the storage and transferring yourinformation in or to a number of countries;

d)the use of your information to send youemails

7.WARRANTY AND DISCLAIMER

We warrant to you that we will provide ourservices using reasonable care and skill.

APART FROM THIS WARRANTY, TO THE EXTENTPERMITTED BY APPLICABLE LAWS AND REGULATION, ALL OF OUR SERVICES AND SOFTWAREARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS ANDNEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION ORWARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE ORANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICES, INCLUDING: (I)ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILLBE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT OURSERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT OURSERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULARPURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THEEXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, YOU WAIVE ANY AND ALLIMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.

8.LIABILITY FOR OUR SERVICES AND OURPRODUCT

TO THE EXTENT PERMITTED BY APPLICABLE LAWSAND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATECOMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS AND OUR SERVICES ORSOFTWARE, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO USD100.

TO THE EXTENT PERMITTED BY APPLICABLE LAWSAND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BELIABLE IN CONNECTION WITH THESE TERMS AND OUR SERVICES OR SOFTWARE FOR ANYDAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OREPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS;(III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE ORHACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM,HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF OUR SERVICES ORSOFTWARE; (VI) YOUR USE OF OUR SERVICES OR SOFTWARE IN BREACH OF THESE TERMS;OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY. NOR WILLWE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, BE LIABLE UNDERANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY ORPUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL,CONTENT OR DATA.

Nothing in these Terms limits or excludesany of the following liabilities, except to the extent that such liabilitiesmay be waived, limited or excluded under applicable laws and regulations:

• any liability for death or personal injury;
• any liability for gross negligence or willful misconduct; or
• any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.

NOTWITHSTANDING ANY OTHER PROVISIONS OFTHESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORYRIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMERPROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDERAPPLICABLE LAWS AND REGULATIONS.

9.INDEMNIFICATION

YOU AGREE THAT YOU WILL INDEMNIFY US, OURPARTNERS AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION,DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS ANDATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF OUR SERVICES ORSOFTWARE; OR (II) YOUR BREACH OF THESE TERMS OR ANY TERMS PROVIDED HEREIN.

10.TERMINATION

These Terms will apply to your use of OURPRODUCT and Our Service until access to the relevant services is terminated byeither you or us.

We may suspend or terminate your access toany or all of Our Service: (i) if we reasonably believe that you have breachedthese Terms; (ii) if your use of Our Service creates risk for us or for otherusers of our services, gives rise to a threat of potential third party claimsagainst us or is potentially damaging to our reputation; (iii) if you fail touse Our Service for a prolonged period; or (iv) for any other reason. Wherereasonably practicable, we will give you notice of any suspension ortermination.

11.GENERAL

These Terms are the entire agreementbetween you and us in relation to Our Service. You agree that you will have noclaim against us for any statement which is not explicitly set out in theseTerms. The invalidity of any provision of these Terms (or parts of anyprovision) will not affect the validity or enforceability of any otherprovision (or the remaining parts of that provision). If a court holds that wecannot enforce any part of these Terms as drafted, we may replace those termswith similar terms to the extent enforceable under applicable law, withoutchanging the remaining terms of these Terms. No delay in enforcing anyprovision of these Terms will be construed to be a waiver of any rights underthat provision. Any rights and obligations under these Terms which by theirnature should survive, including but not limited to any obligations in relationto the liability of, or indemnities (if any) given by, the respective parties,will remain in effect after termination or expiration of these Terms.

No person other than you and us will haveany right to enforce these Terms against any person, and you may not delegate,assign or transfer these Terms or any rights or obligations under these Terms,by operation of law or otherwise without our consent. We may freely assign,transfer or sub-contract these Terms or our rights and obligations under theseTerms, in whole or in part, without your prior consent or notice. Youacknowledge and agree that in no event will our partners or affiliate companieshave any liability under these Terms.

12.GOVERNING LAW AND DISPUTE RESOLUTION

Except to the extent that: (i) anyapplicable additional terms incorporated into these Terms provide differently,or (ii) the applicable laws and regulations of your jurisdiction mandateotherwise (for instance, you may have statutory rights in your jurisdiction inrelation to bringing or defending claims in a local court (including smallclaims court (or similar court), these Terms and any dispute or claim arisingout of or in connection with these Terms will be governed by the law of thePeople's Republic of China.

Any dispute, controversy or claim (whetherin contract, tort or otherwise) arising out of, relating to, or in connectionwith these Terms, including their existence, validity, interpretation,performance, breach or termination, will be referred to and finally resolved byShanghai International Arbitration Center under the its rules in force when theNotice of Arbitration is submitted. The seat of the arbitration will beShanghai. There will be one arbitrator only. The arbitration proceedings willbe conducted in English.

13.LANGUAGE OF THE TERMS

The language of these Terms is English.Where we have provided a translation of the English version of these Terms, youagree that the translation is provided for your convenience only and that theEnglish language version of these Terms will govern your relationship with us.If there is any contradiction between what the English language version ofthese Terms say and what a translation says, then the English language versionwill take precedence.