Terms of service.

Last updated: September 14, 2025

PLEASE READ THESE TERMS OF USE CAREFULLY. This Terms of Use agreement (the “Terms” or “Agreement”) is a legally binding contract between you (referred to as “you” or the “User”) and HerSay Technology Inc. (“HerSay,” “Company,” “we,” or “us”). These Terms govern your access to and use of the HerSay mobile application and related services, features, content, and websites (collectively, the “Service” or “App”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. 

We may modify these Terms from time to time. If we make material changes, we will notify you (for example, by email or through the App). Your continued use of the Service after updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the revised Terms, you should stop using the Service. 

1. Eligibility and Account Registration 

1.1 Minimum Age Requirement: You must be at least 13 years old to use HerSay. The Service is not intended for children under 13, and we do not knowingly allow children under 13 to register or use the Service without parental involvement. If you are under the age of majority in your jurisdiction (which is 18 in many countries), your parent or legal guardian must review and accept these Terms on your behalf. By using the Service, you represent that you meet the minimum age requirement and, if you are under 18, that your parent or guardian has read and agreed to these Terms. 

1.2 Parental Consent for Minors: If you are a parent or guardian permitting a minor (under 18) to use HerSay, you agree to these Terms and our Privacy Policy on the minor’s behalf, and you assume responsibility for the minor’s use of the Service. You also consent to our collection, use, and disclosure of the child’s data as described in these Terms and our Privacy Policy. We strongly recommend that parents supervise their minor children’s use of the App at all times. 

1.3 Additional Age and Residency Requirements: You may not use the Service if you are barred from doing so under applicable laws or regulations. In certain jurisdictions, the required minimum age to use certain online services may be higher than 12 (for example, 16 years old in parts of the EU/UK for certain data processing). HerSay will comply with applicable local age requirements – this means if local law requires you to be older than 12 for HerSay to lawfully provide the Service to you without parental consent, the higher age requirement applies. 

1.4 Account Registration: To access the Service, you will need to create a HerSay account. When registering, you must provide accurate, current, and complete information (such as your name, email, date of birth, etc.), and update it if it changes. Each User must have their own account – do not share your account or password with others, except as allowed by HerSay’s features (for instance, linking accounts with your partner to track the same child’s data). You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you suspect any unauthorized use of your account or a security breach, you must notify us immediately. 

1.5 Parent and Caregiver Accounts: HerSay allows multiple authorized caregivers (such as both parents) to access and track the same child’s profile. This feature is provided for convenience, but it requires consent from the child’s parent or legal guardian. By connecting with another caregiver on HerSay, you represent that each of you is a parent or guardian of the child or otherwise lawfully authorized to access the child’s health information. You must not invite or grant access to a child’s profile to anyone who is not authorized. HerSay is not liable for any disputes or issues arising between caregivers in relation to shared access. It is your responsibility to ensure that anyone you invite to share a child’s data is trustworthy and has the legal right to view that information. 

2. Services and Medical Disclaimer 

2.1 Purpose of the Service: HerSay is a digital health tracking platform intended to help people record and monitor their health and wellness information. Features may include tracking of symptoms, medications, mood, doctor’s appointments, and other health-related data. HerSay is provided for informational and record-keeping purposes only. The Service may also offer general educational content about health and wellness. 

2.2 Not Medical Advice or Emergency Service: HerSay IS NOT A LICENSED MEDICAL CARE PROVIDER, AND THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Always seek the advice of a physician or other qualified healthcare professional with any questions you have regarding health or medical conditions. Do not delay or disregard seeking professional medical advice because of information or data provided by HerSay. No content or feature of the App is intended to replace medical consultations or emergency services. HerSay cannot and does not diagnose conditions, prescribe medication, or perform any tasks that are legally restricted to licensed medical professionals. If you have concerns about your health, or if you are experiencing a medical emergency, call 911 (or your local emergency number) immediately. Never rely on HerSay in lieu of seeking professional medical attention. 

2.3 No Doctor-Patient Relationship: Your use of HerSay does not establish a doctor-patient, therapist-patient, or any other healthcare provider-patient relationship between you and HerSay. Any health-related information available through the Service is general in nature and is not tailored to any individual. Even if HerSay includes personalized tracking and suggestions (for example, reminders or insights based on logged data), these are for informational support and are not medical directives. Always consult a healthcare provider for interpretation of your child’s data and before making decisions related to your child’s health or treatment. 

2.4 Accuracy of Information: HerSay aims to provide helpful tools and information, but we do not guarantee that any content or data provided by the Service is accurate, complete, or up-to-date. Health recommendations or developmental tips (if any) are based on general guidelines and may not apply to your specific situation. You are responsible for inputting accurate information into the App and for how you interpret and use the information generated by the App. Any reliance on information provided by HerSay is at your own risk. 

2.5 User-Entered Data: You acknowledge that HerSay does not verify the health data or other content that you or other users input into the App. HerSay is not responsible for any consequences of inaccurate, incomplete, or misleading information that you or any user enters. Do not use HerSay as the sole repository for critical health data. We recommend you keep backup copies of important information and continue to use your healthcare professionals and official medical records for primary guidance. 

3. User Conduct and Prohibited Uses 

We expect Users to use HerSay responsibly and for its intended purpose of tracking your health. You agree that you will NOT: 

3.1 Misuse the Service: You will not use the Service for any unlawful, fraudulent, or malicious purpose, or in any manner that could harm a child or any other person. You shall not use HerSay to stalk, harass, exploit, or harm anyone, or to collect personally identifiable information about others without proper consent. You also agree not to use the App in any way that infringes or violates someone else’s rights, or that violates any laws or regulations (including privacy laws). 

3.2 Unauthorized Access: You will not resell, rent, lease, sublicense, or otherwise transfer your rights to use the Service to any other person. You will not permit anyone who is not an authorized user (such as an unauthorized third party) to use your account. You will not share your login credentials or otherwise allow unauthorized access to the Service, except via official HerSay sharing features as described in Section 1.5. 

3.3 Interference and Hacking: You shall not modify, reverse engineer, decompile, or disassemble any part of the Service. You must not attempt to bypass or disable any security or technological measures in the App that are designed to protect the Service or related intellectual property. Do not introduce any viruses, worms, malware, or any other destructive code into the Service. You agree not to use any automated system (such as scripts or bots) to scrape or access the Service in a manner that sends more requests to our servers than a human can reasonably produce. 

3.4 Use for Competitive Purposes: You shall not access or use the Service to build a competing product or service, or for benchmarking or competitive analysis in a manner that is to HerSay’s detriment. Gathering or mining data from HerSay for any competitive purpose, or to create a dataset for machine learning/training for a competing app, is prohibited. 

3.5 Improper Content: Because HerSay currently does not offer public forums or social features, you generally will not be “posting” content visible to others through the Service. However, if you upload or input any content (such as notes, images, or profile pictures) into the App, you must ensure that such content is appropriate. You agree not to upload any content that is illegal, offensive, pornographic, hateful, harassing, defamatory, or otherwise objectionable or that violates any law or any rights of third parties. This includes not uploading any images of minors that are sexually explicit or any material that could give rise to civil or criminal liability 

3.6 No Commercial Use or Spam: You will use HerSay for personal, non-commercial purposes only. You will not use the Service to advertise or promote any products or services, send spam, chain letters, or any unsolicited messages of a commercial nature. (Since HerSay has no public posting feature, this mainly means you should not use any sharing or referral features in an abusive manner.) 

3.7 Compliance with Laws: You are responsible for complying with all local, provincial/state, national, and international laws and regulations that apply to your use of HerSay. This includes health information and privacy laws. For example, if you reside in a jurisdiction with laws protecting personal health information, you should use the App in a manner consistent with those laws. 

If you engage in any of the above prohibited behaviors or otherwise violate these Terms, it may result in immediate termination or suspension of your account without notice, and may also subject you to civil, criminal, or injunctive remedies by us or law enforcement. Any use of the Service in violation of these Terms is unauthorized and outside the scope of the license to use the App. 

4. Privacy and Data Use 

4.1 Privacy Policy: Your privacy is very important to us. Please review our Privacy Policy (available at www.hersay.ca/privacy-policy) to understand how we collect, use, store, and disclose your personal information when you use HerSay. By using the Service, you agree to the collection and use of information about you and your child as described in the Privacy Policy. This includes use of essential third-party services that support our operations (detailed in Section 6 below). If you do not agree with our Privacy Policy, you must not use HerSay. 

4.2 Sensitive Personal Data: Given that HerSay is a health tracking app, you may input sensitive health information about your child or family. You are not required to provide any specific personal data, but certain features may not function without necessary information. Any health information you input is provided at your discretion and under your control. We will treat all personal health data you provide in accordance with our Privacy Policy and applicable privacy laws. 

4.2.a Right to Withdraw Consent and Authorization 

You have the right to withdraw, at any time, any consent or authorization you have previously provided to HerSay Technology Inc. for the use or disclosure of your or your child’s protected health information (PHI). To withdraw your consent or authorization, you must submit a written request via email to info@hersay.ca. Please include your full name, account email, and a clear statement that you are revoking your consent or authorization. For example: 

“I hereby revoke my authorization for HerSay Technology Inc. to use or disclose my/my child’s protected health information, effective immediately.” 

Upon receipt of your written request, we will process your revocation as promptly as possible, typically within 30 days. Please note that your withdrawal of consent will not affect any use or disclosure of PHI made in reliance on your prior authorization before we received your revocation. Withdrawal of consent may limit or prevent your continued use of certain features of the Service that require the processing of your health information. We may retain certain information as required by law, but will cease using or disclosing your PHI for any purpose not permitted by law following your revocation. If you have any questions or require assistance with withdrawing your consent, please contact us at info@hersay.ca. 

4.3 Parental Responsibility for Child Data: If you are entering personal information about a child, you represent and warrant that you are that child’s parent or legal guardian (or have been authorized by the parent/guardian) and that you have the legal right to provide that data to HerSay. Do not input personal information about any minor for whom you do not have authority to consent. We may terminate or suspend accounts that we believe are violating child privacy laws or these Terms (for example, an account suspected of being operated by a child under 12 without verifiable parental consent). 

4.4 Data Security: We implement technical and organizational measures intended to protect your personal data against unauthorized access or loss. For example, HerSay’s backend is hosted on reputable cloud platforms (such as Amazon Web Services and Supabase) with encryption and security controls, and we use industry-standard practices to secure data at rest and in transit. However, no system is 100% secure. We cannot guarantee that unauthorized third parties will never be able to breach our security measures or use your information for improper purposes. You use the Service and provide personal information at your own risk. If we become aware of a data breach that affects your or your child’s personal information, we will notify you and take steps in accordance with applicable law. 

4.5 Data Backups and Retention: You are responsible for maintaining your own backups of any data you enter into HerSay that you may need to access outside the App. While HerSay may offer export or backup features, and while we do regular backups on our servers, we do not guarantee that any particular data you store in HerSay will always be available. Upon termination of your account, we may delete your data as described in Section 10 below, except for any data we are required to keep by law. Refer to the Privacy Policy for details on data retention practices. 

4.6 Use of De-Identified Data: To improve our Service and advance health insights, HerSay may anonymize or aggregate the data you provide (so that it is not identifiable to you or your child) and use such de-identified data for analytics, research, development, and other legitimate purposes. For example, we might analyze aggregated growth data from many users to spot trends or improve our prediction algorithms. These uses of de-identified data will be in accordance with our Privacy Policy. By using HerSay, you grant us permission to use your data in this manner once de-identified or aggregated. We will not sell personal data to third-party advertisers, and we will not share your child’s identifiable health data with third parties for their own marketing or purposes without your explicit consent. 

4.7 Relationship to Privacy Policy: In the event of any conflict between these Terms of Use and the Privacy Policy regarding handling of personal data, the Privacy Policy will govern with respect to privacy and data protection issues, and these Terms will govern with respect to all other matters. We simply note here that usage of the Service is contingent on agreeing to both documents. 

5. User Content and License Grant 

5.1 User Content Definition: HerSay may allow you to input, upload, or store various content and information, including but not limited to text, notes, photographs (e.g., a profile picture or growth progress images), and health data like measurements, symptoms, or diary entries. For purposes of these Terms, we will refer to all data and materials that you or any User submits, inputs, or uploads to the Service as “User Content.” User Content includes the personal data you provide about yourself or your child, as well as any feedback or suggestions you submit to us through the App or other channels (see Section 5.5 regarding feedback). 

5.2 Ownership of User Content: You retain all ownership rights to your User Content. HerSay does not claim ownership of the information or data that you provide. Subject to the licenses you grant us below, you own and are responsible for the User Content you provide. 

5.3 License to HerSay: In order for us to operate and provide the Service, we need certain rights to use your User Content. By submitting or uploading User Content to HerSay, you grant HerSay a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, adapt (e.g. reformat or translate), modify, and display your User Content as needed to provide the Service and for HerSay’s internal business purposes. This includes, for example, the rights to display the content back to you and those you share it with, to process it through our algorithms, to modify or reformat data to improve our app’s functionality, and to derive statistical information (in aggregated form) from it. We will exercise these rights in accordance with our Privacy Policy, meaning we will not share personally identifiable health data with third parties except as allowed in that policy, and we will maintain confidentiality of your identifiable information. 

5.4 Use for Improvements and Marketing: Additionally, you agree that we may use the content you input (in de-identified form) to improve our products and services. If you provide testimonials or reviews about HerSay, or voluntarily share success stories, we might want to share those in our marketing — however, we will contact you for permission before attributing any personal testimonial to you. The license you grant us for User Content is for the limited purpose of operating, promoting, and improving the Service, and developing new services. We will not sell your personal User Content to third parties. If we ever wanted to use your identifiable content for any purpose outside the scope of these Terms or the Privacy Policy, we would seek your consent. 

5.5 Feedback: We appreciate and welcome feedback, comments, and suggestions from our users (“Feedback”). If you choose to submit Feedback (for example, ideas to improve features or reports of bugs), you agree that we are free to use the Feedback without any restriction or compensation to you. Feedback is not considered confidential. You grant us a perpetual, irrevocable, sublicensable license to use and incorporate any Feedback you provide to us into the Service or our business operations (This helps us improve HerSay, for instance, if you suggest a new feature, we may develop and deploy it without owing you royalties. 

5.6 User Content Guidelines: Even though HerSay does not have a public forum, we reserve the right (but do not assume the obligation) to review and remove any User Content that, in our sole discretion, violates these Terms or that we find objectionable. This could include deleting an inappropriate photo or note you have uploaded that comes to our attention. We may also suspend or terminate accounts associated with such content. You agree that your use of User Content in the Service will not include any material that you do not have rights to use. By providing any User Content, you represent and warrant that you have all necessary rights to upload that content and to grant the licenses outlined in these Terms, and that the content does not infringe or violate any third-party rights (such as someone else’s copyright or privacy rights). 

5.7 No Monitoring Duty: HerSay is not obligated to monitor User Content, and in general your logged data is private to you and those you choose to share with. However, as noted, we reserve the right to take action on content that comes to our attention and violates the Terms or law (for example, if law enforcement or a concerned party alerts us to illegal content, we may investigate and remove it). We may also disclose User Content or other information to comply with legal requirements, protect our rights and property, or in emergency situations as described in our Privacy Policy (e.g., if we believe someone is at risk of serious harm) 

6. Third-Party Services and Integrations 

6.1 Third-Party Providers (Infrastructure): HerSay relies on third-party services to operate effectively. By using HerSay, you acknowledge that your data and usage may be transmitted through and stored on infrastructure operated by third parties. Specifically, HerSay is built on Amazon Web Services (AWS) and Supabase (which provides a managed database and authentication platform), among other cloud service providers. We also use Google Analytics and similar analytics tools to collect usage data that helps us understand how users interact with our app. These third-party providers are engaged under contracts that require them to protect your data; however, they are independent entities. While we carefully select our providers and enforce data protection obligations, HerSay is not liable for acts or omissions of third-party processors beyond our control. If any of these services suffer a security breach or outage, we will make reasonable efforts to address the issue, but we do not guarantee continuous availability of third-party services, and such events will be considered force majeure (see Section 12). 

6.2 Third-Party Links and Content: The Service may occasionally contain links to third-party websites or resources, or integrate third-party content (for example, an article from a health resource or a link to schedule an appointment with a provider). These Third-Party Services are provided for your convenience only. HerSay does not control and is not responsible for Third-Party Services or any content, advertising, products, or other materials on or available from such services. We do not endorse or make any warranty about these third-party offerings. If you decide to access any Third-Party Services, you do so at your own risk, and your use of them may be subject to terms and conditions of those third parties (for example, if we integrate with Apple HealthKit or Google Fit in the future, you would also be subject to Apple’s or Google’s terms regarding that integration). 

6.3 Future Integrations (Wearables and APIs): HerSay may in the future offer optional integrations with wearable devices or other health apps (e.g., fitness trackers, smart thermometers, etc.). If you choose to connect HerSay with a third-party device or service, you authorize HerSay to exchange relevant data with that device/service. For instance, if you link a smart thermometer, HerSay might receive temperature readings; or if you link to a spouse’s account, we might share your child’s logged data with them. You are responsible for reviewing and understanding the third-party’s terms and privacy policy before enabling any integration. HerSay is not responsible for data inaccuracies or issues originating from third-party integrations. We simply present the data provided by those third-party tools for your convenience. If you disconnect an integration, we will cease new data collection from that source, but data already imported may remain in HerSay (you can delete any such data manually if desired). 

6.4 No Third-Party Beneficiaries: These Terms govern the relationship between you and HerSay. No other person or company (including any third-party provider) will be a third-party beneficiary to these Terms. 

7. License to Use the Service and Intellectual Property 

7.1 HerSay’s License to You: Subject to your compliance with these Terms, HerSay grants you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the Service on your personal device(s) for your own personal, non-commercial use. This license is provided solely for you to use and enjoy HerSay’s Service as intended by these Terms. You may not use the App for any other purposes. We reserve all rights not expressly granted to you in this Agreement. 

7.2 HerSay Intellectual Property: The Service (including the mobile app, website, and all content provided by HerSay such as text, graphics, logos, button icons, images, software code, and interactive features, excluding your own User Content) is the property of HerSay and/or our licensors or suppliers, and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. HerSay™ and the HerSay logo are trademarks/service marks of the Company (whether registered or unregistered). You agree not to copy, reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any part of the Service except as expressly permitted by us in writing. You also shall not use HerSay’s name, logos, or branding without our prior written consent. 

7.3 Prohibited IP Uses: You will not copy or adapt any portion of the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. You shall not reverse engineer or attempt to extract the source code of the software, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. If you want to use any of HerSay’s content or software for any purpose outside the scope of these Terms, you must obtain prior written permission from us. 

7.4 Open Source and Third-Party Software: The HerSay App may include or rely on certain open-source or third-party software components. Such components are licensed to HerSay under their own licenses. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms of any applicable open source software licenses. More information may be provided in the app or its documentation regarding any open-source licenses that apply. 

7.5 Content Provided by HerSay: Any health tips, articles, or educational content provided through HerSay are for your personal use only. HerSay and its content providers retain all proprietary rights to such content. You may not redistribute or exploit HerSay’s content for commercial purposes. For example, if HerSay provides a developmental milestone checklist or pediatric advice article, you should not copy and post that content elsewhere without permission 

8. Paid Features and Future Services 

This Section addresses potential paid services and is intended to be future-proof. As of the Effective Date, HerSay’s core Service is free to use. However, HerSay may introduce premium features or subscription plans in the future. 

8.1 Introduction of Paid Features: HerSay reserves the right to offer optional paid features or upgrades in the future (for example, a premium version of the App with additional analytics, storage, content, or device integrations). If we do so, we will provide details about what is included, the pricing, and any additional terms that apply. Any fees for new services will be clearly disclosed, and you will have the choice whether or not to purchase or subscribe. We will not charge you for anything without obtaining your consent (e.g., you initiating a purchase through the App or website). 

8.2 Subscription Terms: If HerSay offers subscription-based services (such as a monthly or annual premium plan), the following general terms would apply: (a) Auto-Renewal: Paid subscriptions would likely auto-renew at the end of each billing period (e.g., monthly or annually) unless you cancel beforehand. (b) Cancellation: You would be able to cancel future renewals at any time (through your platform’s app store subscriptions management or via our website, as applicable), but we do not typically provide prorated refunds for the current subscription period after a charge has been processed, except where required by law. (c) Free Trials: If a free trial is offered, it will automatically convert to a paid subscription at the end of the trial period unless you cancel before that date. We will remind you of this when you sign up for the trial. (d) Pricing Changes: We reserve the right to adjust pricing for our Service or any components thereof in the future. If the price of a subscription increases, existing subscribers will be notified in advance and provided an opportunity to cancel before being charged the new rate. 

8.3 Payment Processors: Any payments for HerSay services may be handled via third-party app store providers (such as Apple App Store or Google Play) or other payment processors. The terms of the applicable app store or payment service (e.g., Apple Media Services Terms or Google Play Terms) will apply to your purchase, in addition to HerSay’s terms. For instance, if you purchase a subscription through the Apple App Store, Apple’s payment and refund policies will govern those transactions. HerSay does not receive your credit card number or other financial account information from these processors; we only receive confirmation of payment so we can activate your subscription. 

8.4 No Refunds (Unless Required by Law): All charges are nonrefundable unless the law requires otherwise. This means that once a subscription period or item is charged, you will not receive a refund for that period/item except in cases such as: a clearly documented technical error causing duplicate charges, a statutory right of withdrawal (where applicable, like a 14-day cooling-off period in some jurisdictions for digital services), or other situations required by consumer protection law. We will always comply with any legal obligations regarding refunds. Outside of such cases, any requests for refunds are granted at our sole discretion. 

8.5 Future Services and Changes: HerSay is an evolving platform. We may add or remove features, launch new products, or discontinue certain services or features (paid or free). Section 11 (Changes to the Service) below outlines our rights in this regard. If you are a subscriber to a paid feature that we decide to discontinue, we will notify you and, if appropriate, provide a pro-rata refund for any remaining subscription period unless an equivalent value is provided through other means. 

8.6 No Fee to Use Core Service: Again, to be clear, at the time these Terms become effective, HerSay does not charge any fees for its standard usage. You can download the app and use the standard features free of charge (aside from any data charges from your mobile carrier, which you are responsible for). If this ever changes, we will update these Terms and notify users accordingly. 

9. Disclaimer of Warranties 

9.1 “As-Is” Service: Your use of HerSay is at your own risk. The Service is provided “AS IS” and “AS AVAILABLE”. To the maximum extent permitted by law, HerSay disclaims all warranties and conditions of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade We make no promise or guarantee that the Service will meet your requirements or expectations, that it will be uninterrupted, timely, secure, or error-free, or that the data presented will be accurate or reliable. 

9.2 Particular Disclaimer on Health Outcomes: HerSay makes no warranty that using the Service will improve your child’s health or wellbeing, achieve any particular health outcome, or ensure that you never miss a medical issue. The Service is not a medical device and has not been evaluated or approved by any medical or regulatory authority for such purposes. Any health information or guidance provided by the Service is used at your discretion and risk. It is your responsibility to interpret the data and seek professional advice where appropriate. 

9.3 Device and Compatibility: HerSay does not warrant that the Service will be compatible with all devices or will function on your device without issues. You are responsible for using a compatible smartphone or tablet and up-to-date software. Standard messaging, data, and other fees may be charged by your wireless carrier when using our App, and those are your responsibility. HerSay is not responsible for any charges or limitations imposed by third parties (such as internet providers or mobile carriers) related to your use of the Service. 

9.4 Not Error-Free: Although we strive to maintain a high quality of service, HerSay does not warrant that any defects or errors in the Service will be corrected or that the Service will be free of viruses or other harmful components. We advise you to use reasonable security measures (such as running antivirus software and keeping your device’s OS updated). 

9.5 No Warranty Outside Scope: Any information or advice (oral or written) given by HerSay or its representatives shall not create any warranty. HerSay does not warrant any results from the use of the Service. For example, we do not warrant that by using HerSay you will manage your child’s health better, avoid any particular illness, or gain any specific insights. You assume all risk for any decisions made or actions taken based on information obtained from the Service. 

9.6 Jurisdictional Caveats: Some jurisdictions do not allow the exclusion of certain warranties or conditions. To the extent that such laws apply to you, some of the exclusions above may not apply. In such case, HerSay’s warranties will be limited to the minimum extent permitted by applicable law. (See Section 13.5 below for additional consumer protection terms.). 

10. Limitation of Liability 

10.1 Exclusion of Certain Damages: To the maximum extent permitted by law, in no event shall HerSay or its officers, directors, employees, agents, partners, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever. This includes, without limitation, damages for loss of profits, loss of data, loss of goodwill, device damage, or other intangible losses, arising out of or related to your use of (or inability to use) the Service, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. 

10.2 Cap on Liability: In no event will HerSay’s total cumulative liability for all claims arising out of or relating to these Terms or the Service exceed the amount (if any) that you have paid to HerSay in the twelve (12) months prior to the event giving rise to the liability, or $100 CAD if you have not made any payments to HerSay. This means that if, for example, you have paid HerSay $50 in subscription fees in the year preceding a claim, our maximum liability to you for that claim is $50. If you have used the Service only for free, our maximum liability is capped at $100. This cap applies in aggregate to all of your claims and all forms of action. 

10.3 No Liability for Medical Issues: HerSay shall not be liable for any personal injury, illness, or health problems (including death) that you or your child may experience, whether or not connected to your use of the Service. You acknowledge that managing health carries inherent risks and that HerSay is not responsible for any decision you make or action you take (or fail to take) based on information provided by the Service. You bear sole responsibility for your and your child’s health and healthcare. In no event will HerSay be liable for the outcomes of any medical treatment or lack thereof. 

10.4 Release of Claims: You agree not to hold HerSay responsible for the actions, errors, or omissions of other users of the Service or of any third-party services that integrate with HerSay. For example, if a co-parent or caregiver with whom you share a child’s profile misuses that information, or if a third-party service (like a cloud provider) suffers a breach affecting your data, you release HerSay from liability for any resulting damages, to the extent permitted by law. This does not affect your rights to bring a claim against the actual third party responsible (e.g., the co-parent or the cloud provider) if you have grounds to do so. 

10.5 Scope of Limitations: The limitations of liability in this Section 10 apply to all theories of liability, whether based in contract, warranty, statute, tort (including negligence), or otherwise, and whether or not the limited remedies herein fail of their essential purpose. 

10.6 Consumer Law Rights: Nothing in these Terms is intended to exclude or restrict any rights or remedies you have under applicable consumer protection laws. For example, if you are a consumer in a jurisdiction that does not allow the limitation of liability for personal injury or death caused by a party’s negligence, then nothing in this Section 10 shall limit HerSay’s liability to you for death or personal injury caused by our negligence, or for any fraud or fraudulent misrepresentation, or any other liability that cannot be limited by law Additionally, if you are an Australian consumer, nothing in these Terms is intended to exclude, restrict, or modify the consumer guarantees under the Australian Consumer Law. Similarly, if you are a consumer in the UK or EU, you may have certain statutory rights that cannot be excluded; these Terms respect those rights. In summary, we do not seek to exclude liability in a way that is not permitted by law. 

10.7 Essential Basis of the Bargain: You acknowledge that HerSay has offered the Service and set its pricing (if any) in reliance on the disclaimers of warranty and the limitations of liability set forth herein, and that these provisions form an essential basis of the bargain between you and HerSay. You agree that the limitations and exclusions of liability and disclaimers specified in these Terms are fair and reasonable. 

11. Termination and Suspension 

11.1 Your Right to Terminate: You may stop using the Service at any time. You may also delete your account by following the instructions in the App or by contacting info@hersay.ca. Deleting your account will terminate your use of the Service. Please note that simply deleting the mobile app from your device does not delete your account or the data on our servers; you need to follow the account deletion process. Upon account deletion, we will handle your data as described in the Privacy Policy (generally, personal data will be deleted or anonymized, subject to any legal retention requirements). 

11.2 HerSay’s Right to Suspend or Terminate: We may, at our discretion, suspend or terminate your account or access to the Service at any time for any of the following reasons: (a) if you violate these Terms or any applicable law; (b) if we determine that your use poses a security risk or could subject us to liability; (c) if we cease offering the Service in your region or in general; or (d) for any other reason in our sole discretion (for example, prolonged inactivity of your account, or suspected fraudulent or inappropriate activity). In most cases, we will provide you with notice (e.g., email notice) of suspension or termination and, where appropriate, an opportunity to remedy any breach. However, if we deem it necessary, we reserve the right to suspend/terminate immediately without notice. 

11.3 Effect of Termination: Upon any termination of this Agreement: 

- Your rights to access and use the Service will immediately cease. You must discontinue all use of the App and erase any copies of our software from your devices (except for any data exports you legitimately obtained of your own data). 

- Data Access: After termination, you will generally no longer have access to the User Content or data in your account. HerSay may permanently delete your data from its systems, except to the extent we are required or permitted to retain it under applicable law or as aggregated data as described in Privacy Policy. It is your responsibility to export or save any data you wish to retain before you or we terminate the account. (For example, prior to deleting your account, you might download a copy of your child’s health logs for your records.) 

- No Liability: Termination of your account or of access to the Service will not limit any of HerSay’s rights or remedies at law or equity. HerSay shall not be liable to you or any third party for termination of your account in accordance with these Terms. 

11.4 Surviving Provisions: Certain provisions of these Terms will survive termination. All provisions which by their nature should survive termination (including, but not limited to, ownership provisions, indemnities, arbitration agreements, disclaimer of warranties, limitations of liability, and governing law) shall continue in effect after your access to the Service has ended. Termination does not relieve you of any obligations to pay any outstanding fees (if applicable) or liabilities incurred prior to termination. 

12. Changes to the Service 

12.1 Feature Changes and Discontinuation: HerSay is constantly evolving. We reserve the right to change, update, or discontinue the Service (in whole or in part) at any time, with or without prior notice to you. This includes adding or removing features, offering new functionalities, or retiring old ones. We also reserve the right to release subsequent versions of the App and require you to update to the latest version to continue use. We may stop supporting older versions of the App after an update is available. 

12.2 No Guarantee of Continued Availability: You understand that the Service may be interrupted or encounter errors from time to time. We do not guarantee that any specific content, feature, or portion of the Service will always be available. For example, we may shut down a beta feature if it isn’t working well, or we might discontinue support for a particular mobile operating system version. Your use of the Service does not entitle you to the continued provision or availability of any particular feature or data, except as required by law. 

12.3 Notice of Material Changes: If we make a significant change that materially affects your rights or use of the Service (such as deprecating the core Service or introducing fees for previously free functionality), we will endeavor to provide you with advance notice. This could be via an in-app notification, email, or announcement on our website. We try to minimize disruptions, but some changes (especially security updates or emergency fixes) might be deployed immediately. 

12.4 Updates and Upgrades: We may from time to time provide updates, patches, or upgrades to the App to improve performance, security, or add features. It is your responsibility to download and install updates promptly. Depending on your device settings, the App may download updates automatically. Failure to install updates may affect the Service’s functionality, and HerSay is not responsible for issues arising from your failure to keep the software updated. 

12.5 Temporary Suspension: In addition to permanent changes, HerSay may temporarily suspend the Service for maintenance, updates, or to address any emergency issues (such as security vulnerabilities). We will try to schedule maintenance during low-usage hours and give notice if it’s expected to significantly affect users. However, in emergencies (e.g., severe security issue), we may not be able to give advance notice. 

12.6 Force Majeure: HerSay will not be liable for any delays or failure in performance of the Service (including any outage or inability to access your data) caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil disturbances, strikes or labor disputes, internet or power outages, interruptions in third-party services (like cloud or network providers), pandemics, or governmental actions. However, we will endeavor to mitigate the impact and resume Service as soon as feasible in such events. 

13. Dispute Resolution and Governing Law 

Please read this section carefully, as it affects your rights. It explains how disputes will be handled, including binding arbitration and a waiver of class-action rights. By agreeing to these Terms, you and HerSay both agree to this dispute resolution process. 

13.1 Governing Law: These Terms and any dispute arising out of or in connection with them or the Service (“Dispute”) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any conflict of law principles that might result in the application of the laws of another jurisdiction. However, if you reside outside of Canada, this choice of law does not deprive you of the protection of any mandatory consumer protection provisions under the law of your country of residence (see Section 10.6 above). In other words, we choose Canadian law as the governing law, but if your local law provides you with certain non-waivable rights, those rights are not overridden by this agreement. 

13.2 Informal Dispute Resolution: We at HerSay value our users and want to address your concerns without the need for formal legal action if possible. Before filing any claim against HerSay, you agree to try to resolve the Dispute informally by contacting us at info@hersay.ca (or via postal mail to our company address). Please briefly describe the nature of your Dispute and the relief you seek. We will attempt to negotiate in good faith and contact you via email or other means. If we are unable to resolve the Dispute within 60 days from the date you first notify us (or an alternate period we agree to in writing), then either party may proceed with formal dispute resolution as outlined below. 

13.3 Binding Arbitration: *Except for the exceptions stated in Section 13.7 below, you and HerSay agree that any Dispute (defined broadly to include any claims related to these Terms, the Service, or your relationship with us) shall be resolved by final and binding arbitration. Arbitration is a process where disputes are decided by a neutral arbitrator instead of a judge or jury in court. By agreeing to arbitration, you and HerSay are each waiving the right to a trial in court by a judge or jury. You also agree that any arbitration will be conducted on an individual basis and not as a class, representative, or consolidated action (this “class action waiver” is detailed in Section 13.4 below). 

a. Arbitration Procedure: The arbitration shall be administered by an established arbitration organization mutually agreeable to both parties. If we cannot mutually agree on an arbitrator, we will use the American Arbitration Association (AAA) and its Consumer Arbitration Rules if you are in the United States, or a comparable arbitration body if you are in another country (for example, the ADR Institute of Canada if you are in Canada, or the London Court of International Arbitration for UK, etc.). The arbitration will be conducted in English, and if an oral hearing is required, it will be held in a location reasonably convenient for both parties (or via videoconference, if both parties agree or if the arbitrator so directs). The arbitrator will have the authority to determine the arbitrability of the Dispute (including questions about the scope or enforceability of this arbitration agreement), except that a court has authority to decide issues relating to the validity of the class action waiver. 

b. Arbitration Costs: Payment of all filing, administration, and arbitrator fees will be governed by the relevant arbitration rules. We will pay those fees for you if your claim for damages does not exceed CAD $1,000 and is non-frivolous (meaningful under law). HerSay will not seek attorneys’ fees or expenses from you in the arbitration, even if legally entitled to them, unless the arbitrator determines that your claim was frivolous or filed in bad faith. Likewise, you agree not to seek attorneys’ fees or costs in arbitration unless the law or arbitration rules provide a right to recover them. 

c. Arbitrator’s Decision: The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator can award any individual relief or damages that a court could, including injunctive relief or statutory damages, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s award is binding only between you and HerSay and will not have any preclusive effect in any other case. Judgment on the arbitration award may be entered in any court having jurisdiction. 

13.4 Class Action Waiver: You and HerSay agree that any proceedings to resolve or litigate any Dispute will be conducted solely on an individual basis, and not as a class action, collective action, or representative action. You further agree that you will not join any claim with the claim of any other person or entity, and you will not participate in or seek to recover relief in any proceeding involving others. There is no judge or jury in arbitration, and court review of an arbitration award is limited, but an arbitrator can award the same damages and relief as a court on an individual basis. However, any relief must be individualized to you and shall not affect any other customer. You understand and agree that by entering into these Terms, you and HerSay are each waiving the right to a trial by jury or to participate in a class action. This class action waiver is an essential part of our arbitration agreement and cannot be severed from it. If a court of competent jurisdiction finds the class action waiver unenforceable or invalid, then the entire arbitration agreement (Section 13.3) shall be null and void, but the rest of these Terms will remain in effect. 

13.5 30-Day Opt-Out Right (For Arbitration Agreement): We want you to feel comfortable with this arbitration agreement. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 13, you have the right to opt out. To opt out, you must send a clear written notice to us at info@hersay.ca (or via postal mail to our corporate address) within 30 days of the first acceptance of these Terms by you. Your notice must include your name, your account email (if any), and a clear statement that you do not agree to the arbitration agreement. If you opt out of arbitration in accordance with this Section 13.5, then Sections 13.3 and 13.4 (the arbitration and class waiver provisions) will not apply to you. Opting out will not affect the rest of the Terms, including provisions regarding governing law or where disputes may be resolved. If you do not opt out within the 30-day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute in court (subject to Section 13.7 below) and to participate in a class or representative action, to the fullest extent permitted by law. 

13.6 Arbitration is Voluntary and Mutual: The arbitration agreement in Section 13.3 is voluntary, meaning you can choose to opt out as described above, and it is mutual – we agree to it as well. This means HerSay also cannot bring a claim against you except through arbitration (or small claims court, etc., as provided below). We believe arbitration is a fair and efficient way to resolve disputes, but if you prefer to retain court and jury rights for dispute resolution, you must opt out as provided. 

13.7 Exceptions to Arbitration: Despite the broad coverage of the arbitration agreement, both you and HerSay retain the right to: (a) bring an individual claim in small claims court in your local jurisdiction (if the claim qualifies under the small claims court’s limits), and (b) seek injunctive or equitable relief in a court of competent jurisdiction for disputes related to intellectual property infringement or misuse of the Service (for example, if you violate our intellectual property rights or we violate yours, either party may file a lawsuit seeking an injunction to stop the infringement). Also, disputes that are not arbitrable as a matter of applicable law (and not preempted by the Federal Arbitration Act or similar laws) are excluded from the arbitration agreement. 

13.8 Venue for Litigation: In the event that the arbitration agreement is found not to apply to you or to a particular claim (either because you opted out, because a court finds it unenforceable, or because you are bringing a claim that is exempt from arbitration as per Section 13.7), you and HerSay agree that any judicial proceedings (other than small claims actions) will be brought in the courts of competent jurisdiction located in the Province of Ontario, Canada (or if those courts would not have jurisdiction, then the federal courts of Canada, or as appropriate, the courts in the country where you reside, at HerSay’s election). Both you and HerSay consent to the exclusive jurisdiction and venue of such courts for the purpose of litigating any such non-arbitrable disputes. You and HerSay waive any objection to the exercise of jurisdiction by such courts and to venue in such courts on grounds of inconvenient forum or otherwise, to the extent permitted by law. However, if you are a consumer residing outside of Canada, we will not contest your right to bring an action in your home country’s courts as may be provided by applicable law (for example, consumers in the European Economic Area may have the right to litigate in their local courts). In any litigation between you and HerSay, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the other party (except as prohibited by law). 

13.9 Time Limit to Bring Claims: To the extent permitted by law, any Dispute must be filed within one (1) year from the date the cause of action arose. If a Dispute is not filed within that time, it is permanently barred. This limitation period applies to both arbitration and court proceedings. (This provision does not apply where prohibited by law; for instance, some jurisdictions do not allow shortening the statute of limitations for consumers.) 

13.10 Right to Consult Counsel: You acknowledge that you have had the opportunity to consult with independent legal counsel regarding this arbitration agreement and class action waiver, and that you fully understand its terms and the implications of agreeing to it. If you do not understand these provisions fully, we encourage you to consult an attorney, or otherwise you may opt out as provided in Section 13.5. 

14. Indemnification 

You agree to defend, indemnify, and hold harmless HerSay and its officers, directors, shareholders, employees, licensors, affiliates, contractors, agents, and suppliers (“Indemnified Parties”) from and against any and all claims, actions, demands, causes of action, debts, losses, liabilities, damages, judgments, awards, costs, or expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your use or misuse of the Service, including any data or content transmitted or received by you; (b) your breach or alleged breach of these Terms or any representation, warranty, or agreements referenced herein; (c) your violation of any law, rule, regulation, or rights of any third party (including, without limitation, any privacy, publicity, or intellectual property right); (d) User Content you submit or provide (including any claim that your User Content caused damage to a third party or violated a third party’s rights); or (e) any dispute or issue between you and any third party, such as a co-parent, other user, or provider, in connection with the Service. 

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This indemnification obligation will survive termination of your account and these Terms. 

15. Miscellaneous 

15.1 Entire Agreement: These Terms (together with the Privacy Policy and any additional guidelines, terms, or rules that we provide for specific services or features, which are incorporated by reference) constitute the entire agreement between you and HerSay regarding the Service, and supersede all prior agreements, understandings, or representations, whether written or oral, about the Service. If you and HerSay have signed a separate written agreement governing your use of the Service (for example, an enterprise contract if HerSay were offered through an organization), that separate agreement shall govern to the extent it conflicts with these Terms. 

15.2 Amendments: Any changes we make to these Terms will become effective as described in the introductory section (usually when we post the updated Terms and notify you). If you do not agree with any amendments, you must stop using the Service. Any amendment or waiver of these Terms by you will be effective only if in writing and signed by HerSay’s authorized representative. 

15.3 No Waiver: No waiver by HerSay of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or any other term. HerSay’s failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision. 

15.4 Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. The invalidity of a specific provision shall not affect the validity of the rest of the Terms. If, however, the class action waiver in Section 13.4 is found invalid, the arbitration provision shall also be deemed unenforceable (as noted above). 

15.5 Assignment: You may not assign or transfer these Terms (or any rights or obligations in these Terms) without our prior written consent. Any attempted assignment by you in violation of this section is void. HerSay may freely assign or transfer this Agreement (in whole or in part) as part of a merger, acquisition, sale of assets, or by operation of law or otherwise without your consent. These Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns. 

15.6 No Agency: No joint venture, partnership, employment, or agency relationship exists between you and HerSay as a result of this Agreement or your use of the Service. You do not have any authority of any kind to bind HerSay in any respect. 

15.7 Notices: HerSay may provide notices to you via the email address associated with your account, by postal mail, by postings within the Service, or through other reasonable means. You are responsible for keeping your contact information up to date. Official legal notices to HerSay should be sent to the following address: 

(Please note this address is for legal notices and correspondence only. For customer support or routine inquiries, use support channels as provided in the App or our website.) 

15.8 Headings and Interpretation: The section headings in these Terms are for convenience only and have no legal effect. In these Terms, the word “including” (and similar terms) will be construed as if followed by “without limitation.” Any references to “days” in these Terms refer to calendar days unless otherwise specified. 

15.9 Language: These Terms are written in the English language. If we provide a translation of these Terms into another language, it is for convenience only. In the event of any conflict between the English version and a translated version, the English version will prevail. 

15.10 Export Controls: You agree to comply with all applicable export and re-export control laws and regulations. You shall not—directly or indirectly—export, re-export, provide, or otherwise transfer any part of the Service to any person, entity, or country prohibited by law. 

15.11 Contact Information: If you have any questions, complaints, or claims regarding the Service or these Terms, or if you need to contact HerSay for any reason, you may reach us at info@hersay.ca. We value our users and will do our best to address your concerns. For more resources or information, please visit our official website www.hersay.ca. 

By using the HerSay Service, you acknowledge that you have read, understood, and agree to these Terms of Use. Thank you for choosing HerSay to help manage your health and wellness! Stay healthy and take care.