Welcome to inne, owned by Feral GmbH (hereafter ‘Feral’).
By using the site or the products, you agree to be bound by these terms, if you do not agree, do not use the site or the products. This is a legally binding contract.
Please note that these Terms may be updated or amended from time to time and ensure you check the Terms regularly. It is your responsibility to check these terms periodically for changes. The most current version will be posted on the Site.
We are the manufacturers and distributors of the inne SYSTEM and operate under the company name Feral GmbH with registered address c/o CoLaborator, Muellerstrasse 178, 13353 Berlin, Germany. Commercial Register and company number HRB 183693 B and VAT registration number DE311651018. (hereafter inne/ Feral/ we/ us/ our).
You can contact us by email on email@example.com if you have any questions or issues.
If we have to contact you, we will do so by using the email address, telephone number or postal address you have provided to us. When we use the word ‘writing’ in these Terms it includes emails, unless otherwise specified.
3.Introduction to the inne SYSTEM
The inne SYSTEM is a fertility monitoring device that supports you in understanding your reproductive health by measuring progesterone in your saliva throughout the menstrual cycle. The inne SYSTEM is an integrated system consisting of three components:
The inne STRIPS
The inne READER
The inne APP
The inne STRIPS are used to detect salivary progesterone. The inne READER measures the amount of progesterone on the inne STRIPS and sends the results to the inne APP, which provides an ongoing analysis to you, the user.
4.Ordering the inne SYSTEM
If you are interested in purchasing the inne SYSTEM you need to complete our questionnaire via the Site to find out if you are eligible. If you are eligible to use the inne SYSTEM you will be invited to create a customer account, through which you can purchase the inne SYSTEM.
When purchasing the inne SYSTEM through the Site, you have the option to choose between different subscription models, each providing you with a certain length of supply of inne STRIPS and the access to the inne APP (for example 6 months).
After you place an order, you will receive a confirmation email from inne constituting inne’s acceptance of your order and at that point a contract will come into existence between you and us in respect of your order for the Products. We will assign and email you an order number when we accept your order. It will help us if you can tell us your order number whenever you contact us about your order so that we can assist you quickly.
Product purchases made through the Site are intended for end-users and are not authorised for resale.
Feral reserves the right not to accept your order in its sole discretion. We may not accept your order, as you are not eligible, some items may be out of stock, we might have identified an error with the description or price of the Products or because we are unable to meet the delivery times you have specified.
If we are unable to accept your order, we will inform you of this via email and you should not be charged. In the event that you are charged, we will ensure that you receive your refund promptly.
5.Providing the inne System
The Products and their packaging may vary slightly from their pictures. The images of the Products and packaging on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that colours displayed accurately reflect the colour of the Products. Your Products may vary slightly from those images.
We may discontinue or make changes to the inne SYSTEM at any time. If this has a material impact on the inne SYSTEM that you receive, you may be entitled to a refund. We do not guarantee that the inne SYSTEM will be available at all times and on an uninterrupted basis.
The prices of the Products you have selected will be indicated on the order page when you place your order. Please note that your subscription will be automatically renewed unless cancelled before your subscription renewal date.
5.2Delivery and delivery costs
We use DHL Express to deliver to you. Please note:
- We ship to the United Kingdom, Germany and Sweden.
- The delivery costs are 21.22€ including VAT for deliveries to the United Kingdom and to Sweden. The delivery costs are 4.52€ including VAT for deliveries to Germany.
- The expected delivery time is 2 to 4 days.
- You will be provided with a tracking number for each of your deliveries.
We will do our best to keep you updated as to when the Products will be dispatched to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. You will receive deliveries of the inne STRIP at regular intervals if you have an ongoing subscription.
We are not responsible for delays outside our control. If our supply of the inne SYSTEM is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you may contact us to cancel your order and receive a refund for items you have paid for but not received.
You agree that any scheduled shipment dates are estimates only, and inne shall not be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
If you have any questions regarding your delivery please contact us at firstname.lastname@example.org.
If you are not at home.
If no one is available at your address to receive the delivery and the items cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a delivery depot.
If you do not re-arrange delivery.
If you do not collect the items you have ordered as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
When you become responsible for the goods.
You will become responsible for the goods in connection with the inne SYSTEM from the time we deliver the Products to the address you gave us.
6.Using the inne SYSTEM
6.1Who can use the inne SYSTEM?
You must be over 18 years old and be deemed eligible to receive the inne SYSTEM. You agree you will act in compliance with the inne SYSTEM manual and any other instructions and warnings that we provide you from time to time.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment (e.g., ensuring that your mobile device and/or operating system is compatible with the Products. You find the compatibility requirements on https://inne.io/faq/). You are solely responsible for determining the compatibility of the Product with other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with the inne SYSTEM (see paragraph 13)
You should not use the Site or the Products for any harmful, malicious, disruptive or unlawful purpose. You should not use the Site or the Products if you are a direct competitor of inne and the services which inne offers and are investigating the inne SYSTEM for competitive research.
You should not share your inne READER or inne STRIPs with others as doing so might compromise data accuracy and system efficacy.
You agree that you shall not access, store, distribute or transmit any viruses or any material during the course of your use of the inne SYSTEM that:
(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(b) facilitates illegal activity;
(c) depicts sexually explicit images;
(d) promotes unlawful violence;
(e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
(f) is otherwise illegal or causes damage or injury to any person or property.
We reserve the right, without liability, to disable your access to the inne APP and your inne account if you are in breach of these Terms.
6.5No Medical Advice
Your decision to rely on any information you obtain in connection with using the Products or any other inne services is at your sole discretion and risk. We make reasonable efforts to ensure the accuracy of such information, data, and calculations. However, you are responsible for recording accurate measurements, interpretations, and using the information, data, and calculations at your own risk.
Nothing provided by inne, including without limitations the communication with inne through any channel, shall be interpreted as medical advice, diagnosis, or treatment, and you should not rely on them as such.
Always consult a physician for medical advice and answers to your medical questions.
Using the inne SYSTEM does not promise any particular results, including conception, contraception, or health improvements, regardless of whether you follow all the recommendations contained in the inne SYSTEM or other Products. Using inne does not guarantee pregnancy or pregnancy prevention, nor does it guarantee that the prediction of your cycles will always be accurate.
You agree that inne will incur no legal liabilities towards you or anyone else due to your use of the Product or any services provided by inne.
6.6‘As is’ basis
The inne SYSTEM is provided on an “as is” basis and we disclaim to the fullest extent permitted by law all warranties, express or implied, statutory or otherwise. Specifically, we make no representations, warranties or guarantees about the following:
(a) the accuracy, reliability, completeness, correctness or timeliness of the inne SYSTEM or communications provided on or through the use of the inne SYSTEM.
(b) that the inne SYSTEM will be uninterrupted, or free of errors, viruses, or other harmful components.
You might get access to webinars on topics related to the inne SYSTEM such as fertility or female hormones using a third-party provider. These webinars are available via live participation or via recording. You may not download or otherwise copy the webinar for any business purposes and distribute them without inne’s prior written consent.
6.8Blog and Chatrooms
You must not post any unlawful material, phishing links, advertisements, pornography, any material which has the purpose of harming or attempting to harm minors in any way or other suspicious links in on the Blog or in the Chatrooms. Nor should you post your own or other people’s personal information, if you wish to exchange personal information please use different platforms to do so. You agree that you shall not infringe any copyright, database right, trademark or any other intellectual property of any other person. Spamming or any other type of disruptive and annoying chat behaviour is strictly prohibited. Any bullying, insulting, or humiliating behaviour is not tolerated. Racism, sexism and similar offensive behaviours are also not permitted. Please keep the language to English only. Failure to abide by any of these usage rules may result in having your comments removed or suspension or termination of your account. Any content you upload (whether to the Blog, Chatroom or otherwise) will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy. Please note that our Blog and Chatrooms are moderated and we will do our best to remove any inappropriate content, however, we are under no obligation to oversee, monitor or moderate any Blog or Chatroom content and we expressly exclude our liability for any loss or damage arising from the use of the Blog, Chatroom or any other interactive services we offer. We have the right to remove any posting you make if, in our opinion, your post does not comply with the content standards set out in these Terms.
7.Our rights to make changes
We may make minor changes:
(a) to reflect changes in relevant laws and regulatory requirements;
(a) to change the methods of payment we accept for the inne SYSTEM; and
(a) to implement minor technical adjustments and improvements, for example, to address a security threat. These changes should not affect your use of the inne SYSTEM.
If we may make any significant changes to the inne SYSTEM or these Terms we will notify you in writing. If you do not want to accept these changes then you may have the right to end the contract. Please note you may not be due any refund for the inne SYSTEM in this circumstance.
8.Account, Password and Security
You will create an account when you register via the Site. You agree that the information you provide to us upon registration and, at all other times, will be true, accurate, current and complete.
When you register for the inne SYSTEM you will be asked to create a password for your account.
As you will be responsible for all activities that occur under your password, including ordering any subscriptions you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and any debit or credit card information submitted thereunder, and for restricting access to your computer or any device which you use the inne SYSTEM.
You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately if you have reason to suspect any unauthorised use of your account or password or any other breach of security.
If you choose to grant another person access to the inne SYSTEM via your account, as a partner, you are solely responsible for such other user’s use of and access to your account. Sharing access to your account, inne APP or inne READER, might result in compromised data accuracy and system efficacy.
Subscription fees must be paid using a lawfully issued debit/credit card for which you have the authorisation to make a charge. We may seek pre-authorisation of the debit/credit card prior to permitting you to register for the inne SYSTEM. You must maintain a valid debit/credit card on file with inne while receiving the inne SYSTEM. If any charge to the debit/credit card is rejected for any reason, then you agree to provide updated debit/credit card information upon request by us and pay any balances due. We reserve the right to block access to the inne SYSTEM until such time as a valid card is provided to cover all charges incurred by you. You are solely responsible for any late fees or other charges incurred by you as a result of your use of the inne SYSTEM.
9.2Your rights to make changes
If you wish to make a change to the subscription that you have ordered you can do so by logging into your inne account via the Site or contacting us on email@example.com. We will let you know about the changes to your charges and any other relevant information.
License to use the inne SYSTEM.
Subject to your acceptance of these Terms, we grant you a non-exclusive, non-transferable, revocable license to use any or all of the inne SYSTEM and to display the results of the inne SYSTEM for your personal, non-commercial use. All rights not expressly granted to you are reserved by inne. You agree not to use the inne SYSTEM for any other purpose, nor to copy, imitate, reproduce, nor to distribute any content of the inne SYSTEM except as specifically allowed in these Terms. “inne” is the registered trademark of inne and may not be used without written permission from inne.
10.3User license grant to inne
Your data privacy is immensely important to us, therefore we will only work with your de-identified, anonymised data in order to improve the efficacy and functionality as well as raise awareness around the inne SYSTEM.
You hereby grant us the perpetual, worldwide, transferable, irrevocable, and royalty-free right to use internally and publicly your de-identified, anonymised (in line with applicable data protection law) data in any manner, whether currently known or unknown for the purpose including but not limited to (a) improving the inne SYSTEM or any functionality connected to the inne SYSTEM; (b) for any marketing of the inne SYSTEM. You acknowledge and accept that we own all right to any data derived by us from such anonymised data.
10.4Feedback, inquires and submissions
If you send us any form of feedback, inquiries, suggestions or ideas in context with the inne Products and the Site (hereafter ‘Feedback’) you acknowledge that the Feedback will not be treated confidential and that you grant us the unlimited and free of charge right to use the Feedback for marketing and product improvements. If the Feedback contains any personal data we will obtain your consent prior to using the Feedback.
10.5You agree you will not:
(a) attempt to gain unauthorised access to the inne SYSTEM or any computer systems or networks connected to the inne SYSTEM through hacking, phishing, password mining or any other means to interfere or attempt to interfere with the inne SYSTEM;
(b) reverse engineer, decompile, disassemble or otherwise attempt to discover any source code connection with the inne SYSTEM.
(c) modify, adapt, translate or create derivative works based upon the inne SYSTEM.
(d) misrepresent your identity, access another user’s account or provide any false or misleading information about yourself or any other user.
11.Your rights to withdraw, our return policy
11.1Your right to withdraw
You have the right to withdraw from the contract with us within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to withdraw, you must inform us [Feral GmbH, Linienstr. 126, 10115 Berlin, Germany, firstname.lastname@example.org, +493062954844] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
11.2Exceptions to your right to withdraw
The inne STRIPS and inne STRIPS bundles are sealed for health protection and hygiene reasons. Thus, you do not have the right to return STRIPS and STRIPS bundles which were unsealed after delivery.
11.3Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Please note the exceptions to your right to withdraw in paragraph 11.2.
In the event of faulty Products, you may have a legal right to end the contract (or to get Products replaced or to get some or all of your money back). Please contact us at email@example.com as soon as you suspect a faulty product along with a description of the suspected fault. We will then assess to see if a fault has occurred, the reason for that fault, and if we are responsible. Please also refer to our inne WARRANTY (paragraph 16)
13.Cancellation of your subscription
IIn the event that you want to cancel your subscription to the inne SYSTEM, you will need to cancel it before your subscription renewal date, otherwise, it will be automatically renewed.
14.Cost of Return
We will pay the costs of return:
(a) if the inne SYSTEM are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the inne SYSTEM or these Terms, as well as an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of returning the inne SYSTEM to us.
15.Our rights to end the contract
If we reasonably believe that you have breached these Terms, we may immediately terminate our contract with you upon written notice and will cease to provide Products as soon as we have notified you.
We may withdraw Products. In the event that we are going to stop providing certain Products, we will let you know at least one month in advance of our stopping the supply of the Products. We will refund any sums you have paid in advance for the Products which will not be provided.
We warrant the inne READER, and only the inne READER, against defects in materials and workmanship under normal use for a period of three years from the date of purchase by the original purchaser.
If you want to make a claim under the inne Warranty you will need to transmit to us a description of the alleged fault and any proof you have (e.g. photos or videos) and provide proof of purchase to us.
We reserve the right to a period of investigation and will confirm if you are able to make a claim under the inne Warranty.
Return authorisation: If you make a claim under the inne Warranty, any returns from your side must be pre-approved by Feral before sending the device.
We will decide at our sole discretion whether we will repair or replace the inne Reader.
In the event that we decide to provide a replacement, any replacement will not extend the life of this warranty.
If you have any questions or complaints, please contact us on firstname.lastname@example.org.
This warranty does not cover cosmetic deterioration or damage caused by general wear and tear, physical or natural destruction, accident, misuse, neglect, wrong use or other external causes. Any attempt to take the READER apart or any alteration or repair carried out by you or a third party will invalidate this warranty.
17.1Your liability to inne
You agree to defend, indemnify and hold harmless inne, and its licensee and licensors, and their employees, contractors, agents, offices and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, fees or expenses resulting from or arising out of (a) your use and access to the Site and the Products, by you or any person using your account and password; or (b) a breach of these Terms.
17.2Our liability to you
Except where required by law, in no event shall inne, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages of any kind, including without limitation any special, incidental, indirect or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the Products and the Site.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Site and the Products including the right to receive the Products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care.
17.3Limitation of Liability
In no event shall inne, its affiliates, contractors, employees, agents or partners total liability to you for all damages, losses and causes of action arising out of or relating to these Terms or your use of inne (whether in contract or tort (including negligence) warranty or otherwise) exceed the amount of fees you have paid in the preceding 12 months prior to the action giving rise to the liability.
We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.Third party sites
The Site may contain links to other independent third-party web sites (‘Linked Sites’) These Linked Sites are provided solely as a convenience to our visitors. We have no control over, and assume no responsibility for the content, privacy policies or practices of any Linked Sites. We do not warrant the offerings of any of the Linked Sites. You acknowledge and agree that Feral shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any Linked Sites.
Such Linked Sites are not under Feral’s control and Feral is not responsible for and does not endorse the content of such Linked Sites, including any information or material contained on such Linked Sites. You will need to make your own independent judgment regarding the interaction of these Linked Sites.We strongly advise you to read the terms and conditions and privacy policies on the Linked Sites.
19.How we may use your personal information
20.Other important things you should know
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. If you are unhappy with the transfer, you may contact us to end the contract within 30 days of us telling you about it.
Nobody else has any rights under these Terms. This contract is between you and us. No other person shall have any rights to enforce any of these Terms including the guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, we still hold the right to enforce at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the inne SYSTEM, we can still require you to make the payment at a later date.
These conditions are governed by and interpreted following the laws of Germany, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Feral GmbH and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Berlin, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Germany, or in the EU country in which you reside.