Privacy Policy & Terms of Use

Below are the Privacy Policy and Terms of Use for our Sprout Fertiltiy & Period Tracker, Sprout Pregnancy and Sprout Baby apps.




TERMS OF USE AND PRIVACY POLICY

Last updated on June 28, 2015

TERMS OF USE

1.1 Agreement

Thank you for using our application ("Sprout Fertility & Period Tracker"). These Terms of Use, together with the Privacy Policy below, govern your use of Sprout Fertility & Period Tracker. By clicking on "I agree," after reviewing the Terms of Use and Privacy Policy, you are entering into a legally binding agreement (the "Agreement") between you and Med ART Studios, LLC.  The Agreement applies to you, the purchaser of Sprout Fertility & Period Tracker, as well as any persons whom you allow to access Sprout Fertility & Period Tracker (collectively referred to as the "User").

1.2 Purpose

Our mission is two-fold. First, Sprout Fertility & Period Tracker allows the User to track her menstrual cycle. Second, if the User is trying to get pregnant, Sprout Fertility & Period Tracker allows the User to track her fertility in order to maximize her chance of conception. Sprout Fertility & Period Tracker is not intended to be a substitute for birth control, and should not under any circumstances be used as such.

1.3 Medical Disclaimer

The information and reference materials contained in Sprout Fertility & Period Tracker are intended solely for the general information of the User. As stated above, Sprout Fertility & Period Tracker should not, under any circumstances, be used as a substitute for birth control.

Likewise, Sprout Fertility & Period Tracker is not to be used for medical diagnostic purposes or for any treatment purposes. Rather Sprout Fertility & Period Tracker can be used for discussion with the User's own physician or health care provider. The information provided by Sprout Fertility & Period Tracker is not intended to take the place of professional medical care.  

The information provided by Sprout Fertility & Period Tracker is neither intended to dictate what constitutes reasonable, appropriate or best care for any given health or family planning issue, nor is it intended to be used as a substitute for the independent judgment of a physician for any given health issue or family planning goal. Med ART Studios, LLC is not responsible or liable in any way for the User's health or family planning goals. Sprout Fertility & Period Tracker is not equipped to take into account the unique circumstances that define the health issues or other physical attributes of the User. If you have persistent general health problems or if you have specific questions, please consult your health care provider. Informational content or suggestions contained in Sprout Fertility & Period Tracker do not necessarily represent the opinions of Med ART Studios, LLC.

1.4 Limitations of Liability

To the extent permitted under law, Med ART Studios, LLC disclaims all implied warranties and representations (e.g., warranties of merchantability, fitness for a particular purpose, and accuracy of data). Med ART Studios LLC does not guarantee that the services provided through Sprout Fertility & Period Tracker will function without interruption or errors. The software and content are distributed on an "as is" basis. Likewise, Med ART Studios, LLC does not guarantee that the services provided through Sprout Fertility & Period Tracker will function with accuracy at all times. Med ART Studios, LLC does not guarantee the results and data displayed through Sprout Fertility & Period Tracker or obtained from Sprout Fertility & Period Tracker. The User recognizes and agrees that factors beyond the control of Med ART Studios, LLC can impact the accuracy of services and data provided through Sprout Fertility & Period Tracker.

To the extent permitted under law, Med ART Studios. LLC shall not be liable to User or others for any direct, indirect, incidental, special, consequential, punitive damages, or lost profits, or for any loss of data or for any personal health or family planning consequences related to the services offered through Sprout Fertility & Period Tracker, and/or from the use or inability to use the application or its associated web site and/or any other web sites which are linked to site.  Med Art Studios, LLC likewise shall not be liable to User that result directly or indirectly from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized uses of Sprout Fertility & Period Tracker.

This limitation of liability of part of the basis of the bargain between You and Med ART Studios, LLC, and shall apply to all clams of liability (e.g., warranty, tort, negligence, and contract). 

Med ART Studios, LLC does not warrant that any of the files available for downloading through the Apple Store will be free of viruses or similar contamination or destructive features. User expressly agrees that the entire risk as to the quality and performance of the products and the accuracy or completeness of the content is assumed solely by you the User. Med ART Studios, LLC shall not be liable for any direct, indirect, incidental, special or consequential damages to you arising out of the use of or inability to use the software, even if such party has been advised of the possibility of such damages

1.5 Termination

Med ART Studios, LLC or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to use of access Sprout Fertility & Period Tracker. The following shall survive termination:

Med ART Studios, LLC's rights to use and disclose your feedback;

All Disclaimers and Limitations of Liability included in this Agreement.

User agrees that notice of termination shall be supplied to Med ART Studios, LLC at the following address:

Med ART Studios
14 Andover Ave.
Bridgewater, NJ 08807 

1.6 Dispute Resolution

User agrees that the laws of the State of New Jersey, U.S.A. shall exclusively govern any dispute relating to this Agreement and/or the Services. Any claims arising out of the use of Sprout Fertility & Period Tracker can only be litigated in the federal or state courts of New Jersey, California, USA, and User agrees to personal jurisdiction in those courts.

1.7 Severability and Entire Agreement

If a court with authority over this Agreement finds any part of it not enforceable, the parties to this Agreement agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do so, the parties will request that the court remove the unenforceable provision, and enforce the remainder of the Agreement. This Agreement is the entire agreement between Med ART Studios, LLC and the User.

Med ART Studios, LLC reserves the right to change the terms of this Agreement and will provide notice to User if we do. No change will be applied retroactively. If the User does not agree to the changes, the User must stop using Sprout Fertility & Period Tracker.

1.8 Intellectual Property

All content, including but not limited to text, images, and models contained in Sprout Fertility & Period Tracker software and/or the associated website are property of Med ART Studios, LLC. Med ART Studios, LLC holds the copyrights in all text, images, and models contained in Sprout Fertility & Period Tracker software and/or the associated website, and in the related display of any such test, images and/or models. No duplication or reproduction of content is permitted without express written authorization from Med ART Studios, LLC. Any rights not expressly granted herein are reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Clinical scenarios, example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

PRIVACY POLICY

2.1 Privacy Policy

This privacy policy tells User how Med ART Studios, LLC uses personal information collected by Sprout Fertility & Period Tracker. By using Sprout Fertility & Period Tracker, 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 app whenever you chose to make sure that you understand how any personal information you provide will be used. Note: the privacy practices set forth in this privacy policy are for Sprout Fertility & Period Tracker only. If you use other apps created by Med ART Studios, LLC, please review the privacy policies posted there.

2.2 Collection of Information

Med ART Studios, LLC may collect personally identifiable information, including names, year of birth, and other User-entered information. The information provided to us by User is used to facilitate User's chosen use of Sprout Fertility & Period Tracker. This information is only used to fulfill User's specific requested use of Sprout Fertility & Period Tracker, unless User gives us permission to use the information in another manner.

2.3 Analytics

The services contained in this section enable Med ART Studios, LLC to monitor and analyze app traffic and can be used to keep track of User behavior.

Google Analytics (Google)
Google Analytics is a web and app analysis service provided by Google Inc. ("Google"). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

2.4 Commitment to Data Security

User's personally identifiable information will be stored on our secure servers. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All communication or emails from Med ART Studios, LLC allows User to opt out of further contact.

Med ART Studios, LLC does not represent or warranty that your personal information could not become available to third parties. The uploading, emailing, or otherwise making available any information contained in Sprout Fertility & Period Tracker to a third party is the sole responsibility of User. By using this application, User hereby acknowledges 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 Med ART Studios, LLC from any claim or demand related to that risk.

By submitting or including content in Sprout Fertility & Period Tracker, you grant Med ART Studios, LLC and any company substantially under the control of the Med ART Studios, LLC, the right to remove any content or comment that, in Med ART Studio LLC's sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable.

TERMS OF USE

Last updated on September 1, 2013

Disclaimer About Medical Content

The information and reference materials contained in 'Sprout: Pregnancy Essentials' are intended solely for the general information of the user. It is not to be used for treatment purposes, but rather for discussion with the user's own physician or health care provider. The information presented here is not intended to diagnose health problems or to take the place of professional medical care. The information contained herein is neither intended to dictate what constitutes reasonable, appropriate or best care for any given health issue, nor is it intended to be used as a substitute for the independent judgment of a physician for any given health issue. The major limitation of informational resources like 'Sprout' is the inability to take into account the unique circumstances that define the health issues of the patient. If you have persistent general or pregnancy related health problems or if you have specific questions, please consult your health care provider. All 'Sprout' users and users of the 'Sprout' web site agree to read and abide by the complete terms of this agreement.

Informational content or suggestions contained in 'Sprout' do not necessarily represent the opinions of 'Med ART Studios LLC', 'The Mount Sinai School of Medicine', 'The Mount Sinai Medical Center', or its affiliates, faculty or staff.

Disclaimer About Using Tools

'Med ART Studios LLC', developer of 'Sprout', or Doctors and staff of 'The Mount Sinai School of Medicine' or 'The Mount Sinai Medical Center' do not necessarily agree with the method of recording contractions, counting kicks or other estimations, calculations or assumptions as described in this application. The methods used to calculate "due date" is an estimation based on information provided by the user. The estimated due date displayed will not necessarily coincide with your actual due date. Use of 'Sprout' 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 risk associated with using the tools. No liability will be assumed by the developers. Users must agree to the stated terms and conditions to utilize the tools.

Disclaimer About Liability

The user assumes all responsibility and risk for the use of the 'Sprout' application or the 'Sprout website'. Under no circumstances shall 'Sprout', 'Med ART Studios LLC' or its contributors/employees or anyone else involved in creating or maintaining the 'Sprout' application be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST PROFITS that result directly or indirectly to you or your pregnancy from the use or inability to use the application or its associated web site and/or any other web sites which are linked to site - or that result directly or indirectly from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized uses.

Informational content or suggestions contained in 'Sprout' do not necessarily represent the opinions of 'Med ART Studios LLC', 'The Mount Sinai School of Medicine', 'The Mount Sinai Medical Center', its affiliates, faculty or staff.

Use of Collected Data

Analytics

The services contained in this section enable Med ART Studios to monitor and analyze app traffic and can be used to keep track of User behavior.

Google Analytics (Google)
Google Analytics is a web and app analysis service provided by Google Inc. ("Google"). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Usage Data.

Copyright and Trademark Notices

All content such as but not limited to text, images, and models contained in the 'Sprout' medical software and/or the associated website are property of 'Med ART Studios LLC'. Copyright 2010 Med ART Studios, LLC. All rights reserved. No duplication or reproduction of content is permitted without express written authorization from Med ART Studios LLC. Any rights not expressly granted herein are reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Clinical scenarios, example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Disclaimer of Warranties

Med ART Studios, LLC does not warrant that the 'Sprout' health information application software is error free; nor does Med ART Studios, LLC make any warranty as to the results to be obtained from use of the software or content. The software and content are distributed on an "as is" basis. Med ART Studios, LLC 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.

Med ART Studios, LLC does not warrant that any of the files available for downloading through the 'Apple Store' will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the products and the accuracy or completeness of the content is assumed solely by you the user. Med ART Studios, LLC shall not be liable for any direct, indirect, incidental, special or consequential damages to you or your developing baby arising out of the use of or inability to use the software, even if such party has been advised of the possibility of such damages.

TERMS OF USE

Last updated on September 1, 2013

Thank you for using our application ('Sprout'). This privacy policy tells you how Med ART Studios, LLC 'we' use personal information collected by the app. Please read this privacy policy before using the app or submitting any personal information. By using the app, 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 app whenever you chose to make sure that you understand how any personal information you provide will be used. Note: the privacy practices set forth in this privacy policy are for this app only. If you use other apps, please review the privacy policies posted there.

Disclaimer About Medical Content

The information and reference materials contained in 'Sprout' are intended solely for the general information of the user. It is not to be used for treatment purposes, but rather for discussion with the user's own physician or health care provider. The information presented here is not intended to diagnose health problems or to take the place of professional medical care. The information contained herein is neither intended to dictate what constitutes reasonable, appropriate or best care for any given health issue, nor is it intended to be used as a substitute for the independent judgment of a physician for any given health issue. The major limitation of informational resources like 'Sprout' is the inability to take into account the unique circumstances that define the health issues of the patient. If you have persistent general health problems or if you have specific questions, please consult your health care provider. All 'Sprout' users and users of the 'Sprout' web site agree to read and abide by the complete terms of this agreement. Informational content or suggestions contained in 'Sprout' do not necessarily represent the opinions of 'Med ART Studios LLC.'

Collection of Information

We collect personally identifiable information, like names, birth date, personal thoughts, photos, email addresses, etc., when voluntarily entered by our users. The information you provide is used to fulfill your specific request to maintain your private records. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner.

Analytics

The services contained in this section enable Med ART Studios to monitor and analyze app traffic and can be used to keep track of User behavior.

Google Analytics (Google)
Google Analytics is a web and app analysis service provided by Google Inc. ("Google"). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Usage Data.

Commitment to Data Security

Your personally identifiable information will be stored on our secure servers. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All communication or emails from Med ART Studios allow you to opt out of further contact.

However, Med ART Studios does not represent or warranty that your personal information could not become available to third parties. The uploading, emailing, or otherwise making available any information contained in 'Sprout' 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 Med ART Studios from any claim or demand related to that risk.

By submitting or including content in 'Sprout', you grant Med ART Studios and any company substantially under the control of the Med ART Studios, the right to remove any content or comment that, in the Application Provider's sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable

Disclaimer About Using Tools

Use of 'Sprout' 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 risk associated with using the tools. No liability will be assumed by the developers. Users must agree to the stated terms and conditions to utilize the tools.

Disclaimer About Liability

The user assumes all responsibility and risk for the use of the 'Sprout' application or the 'Sprout website'. Under no circumstances shall 'Sprout', 'Med ART Studios LLC' or its contributors/employees or anyone else involved in creating or maintaining the 'Sprout' application be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST PROFITS that result directly or indirectly to you or your pregnancy from the use or inability to use the application or its associated web site and/or any other web sites which are linked to site - or that result directly or indirectly from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized uses. Informational content or suggestions contained in 'Sprout' do not necessarily represent the opinions of 'Med ART Studios LLC'.

Copyright and Trademark Notices

All content such as but not limited to text, images, and models contained in the 'Sprout' medical software and/or the associated website are property of 'Med ART Studios LLC'. Copyright Med ART Studios, LLC. All rights reserved. No duplication or reproduction of content is permitted without express written authorization from Med ART Studios LLC. Any rights not expressly granted herein are reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Clinical scenarios, example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Disclaimer of Warranties

Med ART Studios, LLC does not warrant that the 'Sprout' health information application software is error free; nor does Med ART Studios, LLC make any warranty as to the results to be obtained from use of the software or content. The software and content are distributed on an "as is" basis. Med ART Studios, LLC 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.

Med ART Studios, LLC does not warrant that any of the files available for downloading through the 'Apple Store' will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the products and the accuracy or completeness of the content is assumed solely by you the user. Med ART Studios, LLC shall not be liable for any direct, indirect, incidental, special or consequential damages to you or your developing baby arising out of the use of or inability to use the software, even if such party has been advised of the possibility of such damages.

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