Terms of Use

Overview

These Terms of Use (“Terms”) govern your use of the Simply Track app for iPhone and Apple Watch (the “App”) and the Simply Track website at www.simply-track.com (the “Website”, together the “Services”), provided by Nanotech Computers (Pty) Ltd (“Nanotech Computers”, “we”, “us”). By using the Services you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Services. We may update these Terms from time to time; your continued use after changes means you accept the updated Terms.

Who may use the Services

You may browse the Website freely. To use the App you need a compatible Apple device that meets the requirements shown on the App Store. The Services are intended for a general audience; if you are under the age at which you can consent to data processing where you live, you may use them only with the involvement and consent of a parent or guardian and where permitted by law.

Licence to use the App

The App is licensed, not sold, to you. Subject to these Terms and the Apple Media Services and App Store terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to download and use the App on Apple-branded devices that you own or control, for your own personal, non-commercial use. You may not copy, modify, reverse-engineer, distribute, or create derivative works from the Services except as permitted by law.

Acceptable use

You agree to use the Services lawfully and not to:

• break any applicable law or regulation;
• copy, modify, reverse-engineer, or attempt to extract the source code of the App, except where that restriction is prohibited by law;
• interfere with or disrupt the Services, or attempt to gain unauthorised access to them; or
• infringe anyone's intellectual-property or privacy rights.

We may suspend or terminate your access if you breach these Terms.

Premium subscriptions, billing and trials

The core of Simply Track (period tracking, the calendar and the first-period guides) is free. Simply Track Premium is an optional auto-renewing subscription that unlocks the daily Log and Insights tabs and the doctor report, offered on weekly, monthly and annual plans.

• Payment and renewal: payment is charged to your Apple ID at confirmation of purchase. The subscription renews automatically for the same period and price unless you cancel at least 24 hours before the current period ends.
• Free trial: where a free trial is offered, it converts to a paid subscription at the end of the trial unless you cancel at least 24 hours before it ends.
• Managing and cancelling: manage or cancel your subscription in your Apple ID account settings (Settings → your name → Subscriptions). Deleting the App does not cancel a subscription.
• Refunds: purchases are processed by Apple, and refunds are handled by Apple under the App Store Terms of Service. We generally cannot grant refunds directly.

Your data and device

The cycle and health information you enter is yours. As explained in our Privacy Policy, it is stored on your device and, if you choose, in your own iCloud, not on our servers. You are responsible for keeping your device secure and for maintaining your own backups (for example, by keeping iCloud enabled). We are not responsible for data lost because a device is lost, damaged, reset, or because iCloud is disabled.

Intellectual property

The Services, including their software, design, logos, and content, are owned by Nanotech Computers or its licensors and are protected by South African and international intellectual-property laws. These Terms do not transfer any of those rights to you.

Third-party services

The App relies on services from Apple (the App Store, iCloud, Apple Health, StoreKit) and uses RevenueCat to manage subscription entitlements. Your use of those services is also subject to their own terms and privacy policies. We are not responsible for third-party services, and their availability may affect features such as iCloud sync or purchases.

Disclaimers

The Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted or error-free, or that predictions or insights will be accurate. Nothing in these Terms excludes any rights you have as a consumer that cannot be excluded under applicable law.

Limitation of liability

To the maximum extent permitted by law, Nanotech Computers and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, arising from your use of or inability to use the Services, including any reliance on their predictions or health information. Nothing in these Terms excludes liability that cannot be excluded by law (for example, for death or personal injury caused by negligence, or for fraud).

Indemnification

You agree to indemnify and hold harmless Nanotech Computers and its officers, employees, and agents from any claims, losses, and reasonable costs arising out of your misuse of the Services or your breach of these Terms.

Termination

You may stop using the Services and delete the App at any time. We may suspend or end your access if you materially breach these Terms. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability and governing law) will continue to apply.

Governing law and disputes

These Terms are governed by the laws of South Africa. We will try to resolve any dispute informally first: please contact us. If a dispute is not resolved within 30 days, it will be referred to arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA), held in South Africa in English, except that either party may bring a claim in a competent South African court where permitted by law, and without affecting any mandatory consumer-protection rights you have in your country of residence.

Apple App Store: additional terms

The following terms apply to your use of the App obtained from the Apple App Store and prevail over any conflicting terms above to the extent of the conflict:

• These Terms are between you and Nanotech Computers only, not Apple. Apple is not responsible for the App or its content.
• Your licence to use the App is a non-transferable licence to use it on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the App; we are solely responsible for support.
• To the maximum extent permitted by law, Apple has no warranty obligation for the App, and any warranty claims are our responsibility.
• We, not Apple, are responsible for addressing any claims relating to the App, including product-liability, legal or regulatory non-compliance, and consumer-protection claims.
• We, not Apple, are responsible for investigating and resolving any third-party claim that the App or your use of it infringes that party's intellectual-property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting", and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Contact

Nanotech Computers (Pty) Ltd (registration 2017/122030/07), South Africa. Questions about these Terms? Contact us at [email protected].

Language

This document is written in English. Translations are provided for convenience only. If there is any dispute about its meaning, or any inaccuracy or ambiguity in a translation, the English version prevails.