Hertracker: Terms of Service
Last updated Feb 6, 2025
1 General Information
1.1. Hertracker’s Purpose and Features
Hertracker allows women to combine habit tracking with period tracking in a straightforward way, helping them stay organized and in tune with their routines. Tracking daily habits or planning for upcoming cycles, the app offers tools to support these needs in one place. (see Section 7 for more information).
1.2. Age Requirements and Consent
To use Hertracker’s Paid Services, you must be at least 18 years old. If a minor (under 18, according to Dutch law) uses these Paid Services, we assume that consent has been provided by a parent or legal guardian. This consent, both to these Terms and to the use of the app, is required when an account is created. The parent or guardian assumes full responsibility for the minor’s use of the Paid Services. Please note that consent for processing personal data is obtained separately as specified in Section 6 of our Privacy Policy.
1.3. Privacy and Data Protection
In addition to these Terms, our Privacy Policy, available at hertracker.com/privacy-policy, explains your rights and our obligations under applicable data protection laws, especially concerning sensitive health data. If you need information about how to exercise your right of revocation, refer to Section 11 of these Terms. This Privacy Policy ensures that all data processing complies with strict regulations under Dutch and EU law.
1.4. Overview of These Terms of Service
These Terms of Service (“Terms”) apply to the Hertracker mobile application (referred to as “Hertracker” or the “Hertracker App”) and all services provided through it, including our website www.hertracker.com (“Hertracker Services”). The services are managed and operated by Truffleleaf CV, located at Schoenmakerij 1H, Zevenbergen, Netherlands (referred to as “Truffleleaf” or “we”).
2 Bloom Subscription and Access
2.1. Bloom subscription
Access to the Hertracker app is exclusively available through a Hertracker Bloom subscription. This subscription grants you ongoing access to the app’s features and functionality, including premium content and enhancements, through regular payments over a set period.
2.2. Benefits of Hertracker Bloom
You can find an overview of the benefits included in a Hertracker Bloom subscription on our website. These features may change from time to time as we introduce new functionality, improve existing services, or remove features that are no longer viable. The features and content offered in Paid Services may vary by country and language. The applicable price for these services is displayed in the relevant app store (Apple App Store or Google Play Store) and on the in-app purchase screen before completing your purchase.
2.3. Availability Through App Stores
Hertracker Bloom is only available through the third-party platforms Apple App Store and Google Play Store. When you make a purchase within the Hertracker app, you may enter into an additional agreement with the app store provider, whose terms and conditions may apply. Depending on their terms, you may need to exercise your rights of cancellation and revocation directly through the respective app store provider (see Section 10 for more details on contract duration and termination).
2.4. Subscription Renewal and Auto-Renewal
Paid Services are typically provided on a subscription basis. You will be charged at the beginning of each subscription period (for example, monthly or yearly). Your subscription will automatically renew at the end of the initial subscription period unless you or we cancel the subscription, disable auto-renewal, or initiate a new contract with a different initial subscription period. In the event of an indefinite subscription period after the end of your initial subscription, you may cancel your subscription with at least 24 hours’ notice before the end of the current subscription month.
2.5. Payment Issues and Access Restriction
If payment cannot be successfully collected, we reserve the right to block your access to the Paid Services until payment is resolved.
2.6. Account Information and Responsibility
You agree to provide accurate, complete, and current purchase and account information for all Paid Services. You are responsible for promptly updating any relevant information, such as your email address and payment details, including credit card numbers and expiration dates, to ensure we can complete your transactions and contact you as necessary. You will also be responsible for any applicable taxes, fees, or other charges related to your purchase of Hertracker Services.
3 Creating an Account and User Responsibilities
3.1. Creating an Account
Hertracker is currently available as an online service, and to use the app, you must create an account. This involves accepting these Terms and giving consent to data processing as described in our Privacy Policy, including all related documents and consents. To set up an account, sign into the app using one of our Social Login providers (Google on Android and Apple on iOS). You may also choose to provide additional information during the onboarding process to help personalize your Hertracker experience from the start. Your account will be activated immediately.
3.2. Account Creation via Social Login
To guarantee a secure environment the app current only supports the previously mentioned social login methods.
3.3. Accuracy and Security of Account Information
When creating an account, you confirm that all the information you provide is accurate and complete. We strongly recommend that you secure your account by enabling security features available on your device, such as PIN, Face ID, or Touch ID (as detailed in our Privacy Policy).
3.4. Discretionary Account Acceptance
We reserve the right to refuse account registrations at our discretion. We are not obligated to confirm or accept user registrations, particularly if they may interfere with the proper functioning of the Hertracker Services. Account registration or orders may be confirmed by activating the relevant service, without the need for a written confirmation.
4 Contract Duration, Termination, and Refunds
4.1. Terminating Free Services
You can terminate your account at any time by following the account deletion instructions within the app. We also reserve the right to terminate the contract at our discretion, without prior notice, as outlined in the provisions below.
4.2. Terminating Paid Services
Paid Services, such as Hertracker Bloom, are offered for an agreed initial term. At the end of this term, the contract is automatically extended for an indefinite period unless you or we cancel the subscription before the term expires, or you enter into a new contract with a new term.
Cancellation for subscriptions purchased must be done via the Apple App Store of the subscription was entered on an iOS device or Google Play Store on Android, following their respective cancellation procedures. Even after cancellation, you will continue to have access to Paid Services until the end of your current subscription period. For example, if you cancel an annual subscription after three months, you will still have access to the Paid Services for the remaining nine months.
4.3. Terminating Subscriptions via App Stores
For legal and technical reasons,all subscriptions need to be canceled through the respective store or by using the in-app cancellation feature provided by these platforms. In some cases, these app store providers may act as resellers for our Paid Services, meaning their terms and conditions may apply.
4.4. Termination for Good Cause
Both you and we maintain the statutory right to terminate the contract for good cause. Good cause for extraordinary termination exists if continuing the contract until the end of the usual notice period is unreasonable based on the circumstances of the case and the interests of both parties. Good cause for us to terminate the contract includes, but is not limited to, instances where you breach applicable laws, violate these Terms, or fail to meet obligations in your contract with the Apple App Store or Google Play Store, or if your actions would cause us to breach our agreements with those platforms.
5 User Rights and Responsibilities
5.1. Restrictions on Account Use
Your Hertracker user account is personal to you and cannot be transferred or assigned to any third party. You are permitted to use Hertracker strictly for your own private purposes unless we explicitly agree otherwise in writing, such as in cases of approved research collaborations.
5.2. Prohibited Activities
Additionally, you are prohibited from the following:
- Sharing your login credentials or authentication data with others or allowing third parties to access your account.
- Circumventing access controls for paid services or taking any unauthorized measures to gain access to services you haven’t subscribed to.
- Altering or removing any copyright, trademark, or intellectual property notices related to Hertracker or third-party providers.
- Transferring or assigning any rights or obligations under these Terms to others.
5.3. Compliance with Third-Party Obligations
When using the Hertracker App and related services, you must comply with any obligations you have with third parties, including your internet service provider and the respective app store through which you downloaded the app.
5.4. Updates and System Requirements
To ensure optimal performance of the Hertracker services, you are advised to regularly update your operating system and the Hertracker app. At times, the app may require specific activations or permissions to fully function. From time to time, we may automatically roll out updates or upgrades to improve performance, security, or functionality. By using the Hertracker services, you agree that we may implement these updates without prior notice.
5.5. Set-Off and Retention Rights
You may only exercise a right of set-off against us if you have a legally established claim that we recognize. Any rights of retention are limited to claims that arise from the same contractual relationship.
6 Copyright and Intellectual Property
6.1. Copyright and Ownership of Content
All content available within the Hertracker App or on our website is protected by international copyright law unless explicitly stated otherwise. Reproducing, distributing, modifying, or any form of commercial use of the content, services, or software requires our prior written consent.
6.2. Rights to the Services
Using Hertracker services and providing any input or data does not grant you any ownership, rights, or legal claims over the services or software. The Hertracker app and services are protected by various laws, including copyright, trademark, and intellectual property rights.
6.3. License to Use the App
Hertracker is a software program protected by copyright. As a user, you are given a non-exclusive, non-transferable, revocable license to use the app for personal purposes only. You are not permitted to decompile, modify, or alter the app beyond what is legally allowed. You also may not lease, rent, or transfer the app or its contents to others.
6.4. Prohibition of Commercial Use
Any commercial use or redistribution of Hertracker services is strictly prohibited. This includes copying or publishing any part of the app or website without explicit permission.
7 Scope of Services and Features
7.1. Hertracker’s Core Purpose
Hertracker is designed to provide users with valuable insights into their productivity in relation to their menstrual cycle. By analyzing the data you input, the app helps you track your cycle and understand how different phases may impact your productivity.
7.2. Habit Tracking
In addition to health and menstrual data, Hertracker enables users to track habits that contribute to overall well-being. This functionality allows you to monitor daily activities and set goals, helping you develop healthier habits. By default, habit data is stored locally on your device, but you have the option to back up this data to the cloud read more about this in our privacy policy.
7.3. Personal Tracking Tool
Hertracker works by using the information you provide to generate meaningful insights. The accuracy and usefulness of these insights depend on the quality of your data. The more detailed and accurate your input, the more personalized and precise the feedback you’ll receive.
7.4. Device and Account Use
Hertracker is designed for use on iOS and Android devices.
When you use Hertracker, your data is securely stored both locally on your device and on Google Cloud servers, encrypted, if backed up by you. For more details on account creation, refer to Section 3 of these Terms.
7.5. Free and Paid Services
Hertracker’s services are available exclusively through Hertracker Bloom, the paid version of the app. While a basic free version is not planned for initial release, it may be introduced in the future. Hertracker Bloom and other premium features can be accessed via in-app purchases available through the Apple App Store or Google Play Store.
7.6 Quotes and Other Messages
Our application provides a collection of inspirational quotes for motivation and personal growth. While we strive for accuracy, we do not guarantee the authenticity or original context of every quote. The quotes are attributed to their respective authors where possible, but variations, disputed origins, and differing translations may exist.
We do not claim ownership of individual quotes unless explicitly stated. Our use of quotes is intended to fall under fair use principles for educational and inspirational purposes. If you are a copyright holder and believe your content has been used improperly, please contact us at info@truffleleaf.com for review and potential removal.
The inclusion of a quote does not imply endorsement, approval, or affiliation with our app. The views expressed belong solely to the original authors and do not necessarily reflect our beliefs or values. Users are responsible for how they interpret and apply the quotes, and we are not liable for any actions or outcomes resulting from their use. The content is not a substitute for professional advice.
We reserve the right to modify, replace, or remove quotes at our discretion. If you believe any content infringes on intellectual property rights, please notify us, and we will address the concern in accordance with applicable laws.
8 Liability and Limitations
8.1. Accuracy and Responsibility for Content
We strive to ensure that the content provided through the Hertracker Services is as accurate, complete, and up to date as possible. However, we do not assume any liability for potential inaccuracies, omissions, or outdated information. Additionally, we are not responsible for any content that you track or provide within the app (“user content”). You are solely responsible for safeguarding your personal data. Except where legally required, we do not accept any liability for the loss, damage, or failure to store your user content while using the Hertracker Services.
8.2. Use at Your Own Risk
Using the Hertracker Services is entirely at your own risk. The descriptions of our services—whether it’s the free version, Hertracker Bloom, or other premium features—are provided without guarantees. We make no promises that our services will meet a specific outcome, such as the accurate prediction of events in your menstrual cycle or that the app’s results are always correct or complete.
8.3. Health-Related Recommendations
Any health advice or recommendations provided within the Hertracker app are general in nature and are meant for users who are generally healthy. We aim to provide references to research and reputable sources wherever possible, allowing you to evaluate the information for yourself. If you decide to follow these general recommendations, you do so at your own risk. If you are unsure whether the recommendations apply to you, especially if you are pregnant or breastfeeding, we advise you to consult with a healthcare professional.
8.4. Liability
Neither the company nor any individuals or entities connected to it—such as directors, officers, employees, affiliates, agents, advertisers, or data providers—will be liable for any form of indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, losses related to data, profits, or the inability to use the app, no matter the legal theory involved, whether it’s based on contract, tort (including negligence), equity, or otherwise. In some regions, limitations on liability may not be enforceable, meaning certain exclusions might not apply to you. Furthermore, the company and any third parties referenced in the app bear no responsibility for personal injuries, including fatalities, resulting from your use or misuse of the app.
9 Disclaimer
Hertracker Services are not intended to replace medical advice. For any health concerns or individualized medical guidance, it is essential to consult a licensed healthcare professional. By using the Hertracker Services, you agree to use them solely for the purposes described in these Terms.
10 Amendments to Terms and Scope
10.1. Agreement to Terms
By accessing and using the Hertracker Services, you agree to comply with these Terms.
10.2. Changes and Consent
If there are any material changes that impact Paid Services (refer to Section 2), we will always request your consent before applying those changes. Material changes include modifications to the scope or type of Paid Services, as well as changes to the duration and termination terms of the contract. However, we reserve the right to enhance our services or add new features within the existing scope of the Paid Services without requiring additional consent.
We may modify these Terms with non-material amendments at any time, and such changes may be made without prior notice or explanation. No verbal or written agreements exist beyond these Terms.
11 Right of Revocation
All purchases of Hertracker are made through either the Apple App Store or the Google Play Store. As such, the cancellation and refund policies of the respective app store apply to your purchase. To revoke or cancel your subscription, you must follow the procedures outlined by the app store through which you made your purchase. These policies are in accordance with applicable consumer protection laws.
12 Miscellaneous Provisions
12.1. Availability and Functionality
While we strive to keep the Hertracker App operational without interruptions and available as much as possible, we acknowledge that 100% uptime is not technically feasible. We do not guarantee disruption-free service or a specific level of availability. We reserve the right to restrict access to the app temporarily or permanently, either partially or fully, without providing any reasons. Furthermore, there are no guarantees regarding the continued availability of any particular features or functionalities of the app. We may modify or remove content, services, or functionalities at any time, including the introduction of paid features for services previously offered for free, or discontinuing the app altogether.
12.2. Transfer of Rights and Obligations
We reserve the right to transfer our rights and obligations under these Terms to a third party. If such a transfer occurs, we will inform you in writing, after which you will have the right to terminate the contract. You must notify us in writing within 14 days of receiving the transfer notice if you wish to terminate the contract.
12.3. Governing Law
Dutch law governs these Terms, excluding the application of the UN Convention on Contracts for the International Sale of Goods (CISG).
12.4. Jurisdiction
To the extent allowed by law, all disputes arising from these Terms will be handled in the courts of our registered place of business in the Netherlands. However, we reserve the right to initiate legal proceedings in your place of domicile if deemed necessary.
12.6. Severability Clause
If any provisions of these Terms are deemed invalid or unenforceable, the validity of the remaining provisions will not be affected. Any invalid or unenforceable provision will be replaced by a valid provision that closely reflects the original economic intent of the contracting parties. This rule applies to incomplete provisions as well.
12.7. Multilingual Use
In the case of discrepancies, the English version of these Terms will prevail. The most current English version of these Terms is always available on our website.
