1. Agreement
These Terms of Use (the “Terms”) are a legal agreement between you and Federica Benacquista, an individual developer, Via del Lido 106, 04100 Latina (LT), Italy (“we”, “us”), the developer of The Pill (the “App”), including its widgets, Live Activities and any related features and updates.
By downloading, installing or using the App, you agree to these Terms. If you do not agree, do not use the App. Our Privacy Policy explains how information is handled and forms part of these Terms.
If you are a consumer, nothing in these Terms limits the rights you have under the mandatory consumer-protection law of the country where you live. This includes, for consumers in Italy, the Consumer Code (Legislative Decree 206/2005).
2. Important health information
The App is a personal organisation tool. It helps you remember to take your oral contraceptive at the time you choose, follow your pack and break days, keep track of supply, and note period dates. In particular:
- The App is not a medical device and is not intended to diagnose, prevent, monitor, treat or alleviate any disease or condition, or to be used for contraception decisions. It does not replace your doctor, pharmacist or the leaflet supplied with your medicine.
- The App does not itself prevent pregnancy and does not tell you whether you are protected against pregnancy. The effectiveness of your contraception depends on your medicine, how you take it and many factors the App does not know about. These include missed or late pills, vomiting or diarrhoea, interactions with other medicines and your personal health.
- Information shown in the App (for example “late”, the day you restart, or period statistics) is based only on what you enter and on the settings you choose. It may be wrong if your entries or settings are wrong or out of date, or if your medicine’s instructions differ.
- Reminders and Live Activities may not be delivered or may be delayed, for example if your device is off, out of battery, silenced or in a Focus mode; if notifications or Live Activities are disabled; after an iOS update or time-zone change; or if the App was deleted, reinstalled or restored. Do not rely on the App as your only reminder.
- The App does not provide emergency services. In an emergency, call your local emergency number (112 in the EU).
Always follow the instructions in your pill’s leaflet and the advice of a healthcare professional, especially after a missed, late or vomited pill, before starting or stopping a pack, or if you are unsure whether you are protected.
3. Who may use the App
You may use the App if you are at least 14 years old, or the minimum age required in your country to agree to these Terms and consent to online services, if higher. If you are under that age, you may use the App only with the involvement and permission of a parent or guardian, who accepts these Terms on your behalf. You must also have a compatible Apple device and comply with Apple’s terms of service.
4. Your licence
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download and use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App is licensed, not sold.
Except as permitted by law, you may not:
- copy, modify, translate or create derivative works of the App;
- reverse engineer, decompile or disassemble the App, except to the extent permitted by mandatory law (including Article 64-quater of Italian Law 633/1941 and Directive 2009/24/EC);
- rent, lease, lend, sell, redistribute or sublicense the App;
- remove or alter any proprietary notices; or
- use the App to build a competing product, or in any unlawful way.
5. Your data and backups
The information you enter (your pill routine, dose history, supply, period information, notes and preferences) is stored on your device. We do not receive it and cannot restore it. You are responsible for keeping your device secure and for backing it up. If you delete the App, reset your device or lose it, your data may be permanently lost.
You are responsible for the content you choose to enter, for example notes, a pill nickname or custom reminder text. That includes what may appear on your Lock Screen, in widgets or in notifications where others might see it. Discreet options are available in the App, but reminders about supply and new packs, and widgets not set to discreet mode, may mention pills or blisters.
6. The Pill Pro
The App is free to download and use. The Pill Pro is an optional one-time in-app purchase, not a subscription. It removes ads and unlocks additional features, which may include widget customisation and custom reminder text and frequency. The features included are described in the App at the time of purchase.
- Payment. Purchases are made through the Apple App Store and charged to your Apple account at the price shown in the App, including any applicable taxes. Apple’s terms govern payment, billing and refunds.
- Restoring. You can restore your purchase on devices signed in to the same Apple account using “Restore purchase” in the App.
- Right of withdrawal. The Pill Pro is digital content supplied immediately and not on a physical medium. By confirming the purchase, you expressly request that supply begin immediately and acknowledge that you therefore lose your 14-day right of withdrawal once supply has begun (Article 59(1)(o) of the Italian Consumer Code and Article 16(m) of Directive 2011/83/EU). This does not affect your statutory rights if the content is defective (see section 11). You can ask Apple for a refund at reportaproblem.apple.com under Apple’s policies.
- Changes to features. We will not remove a core paid feature you have bought without good reason. Examples of good reason are a change in law, a security issue or a third-party platform change. Where we have to, we will tell you, and your statutory rights apply.
7. Advertising
The free version of the App displays ads from Google AdMob, as described in the Privacy Policy. Ads are personalised only if you agree in Google’s consent form and allow tracking in Apple’s prompt, and they never use your health data. We are not responsible for the content of third-party ads or for products or services offered by advertisers. Any dealings with advertisers are solely between you and them. The App may also show links to other apps by the same developer.
8. Acceptable use
You agree not to misuse the App. For example, you will not attempt to interfere with its operation, bypass purchase or advertising mechanisms, introduce malicious code, or use it in violation of any applicable law.
9. Intellectual property
The App, including its code, design, text, graphics, illustrations, icons and the name and logo “The Pill”, is owned by us or our licensors and is protected by intellectual-property laws. All rights not expressly granted to you are reserved. If you send us feedback or suggestions, we may use them without obligation to you.
10. Updates and availability
We may release updates to fix problems, improve the App, comply with law or respond to changes in iOS. Some updates may be needed to keep using the App. We do not guarantee that the App will always be available, uninterrupted or compatible with every device or iOS version. We may stop offering or supporting the App. If we do, we will try to give reasonable notice, and your statutory rights for any paid content remain unaffected.
11. Warranty and legal guarantee of conformity
If you are a consumer, you benefit from the legal guarantee of conformity for digital content under Articles 135-octies and following of the Italian Consumer Code (implementing Directive (EU) 2019/770), or the equivalent law of your country. Nothing in these Terms excludes or limits that guarantee.
Subject to that, and to the extent permitted by law, the App is provided “as is” and “as available”. We make no further promises, express or implied, that the App will be error-free, that reminders will always be delivered on time, or that the App will meet every one of your needs. In particular, the App is not designed or warranted to ensure the effectiveness of any contraceptive method.
12. Liability
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for wilful misconduct or gross negligence (Article 1229 of the Italian Civil Code), for fraud, or for any other liability that cannot be excluded or limited under applicable law, including mandatory consumer-protection law.
Subject to the paragraph above and to the extent permitted by law:
- we are not liable for loss or damage arising from your reliance on the App instead of your medicine’s instructions or professional medical advice, or from reminders not being delivered for reasons outside our reasonable control (see section 2);
- we are not liable for loss of data stored on your device, where caused by device loss, deletion, reset or your own actions;
- we are not liable for losses that were not reasonably foreseeable when you started using the App, or for business losses, since the App is for personal use only; and
- where you are not a consumer, our total liability arising out of these Terms or the App is limited to the amount you paid us for the App and The Pill Pro in the 12 months before the claim.
13. Terms required by Apple
Because you obtain the App from Apple’s App Store, the following also applies:
- Parties. These Terms are between you and us only, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the App and its content.
- Scope of licence. Your licence is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing where Apple’s rules allow.
- Maintenance and support. We are solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
- Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our responsibility, to the extent required by these Terms and the law.
- Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession or use of it. These include (i) product-liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer-protection, privacy or similar legislation.
- Intellectual-property claims. If a third party claims that the App or your possession and use of it infringes that third party’s intellectual-property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
- Legal compliance. You represent and warrant that (i) you are not located in a country subject to a US Government embargo, or designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.
- Developer contact. Questions, complaints or claims about the App should be sent to: Federica Benacquista, Via del Lido 106, 04100 Latina (LT), Italy, support@copycut.it.
- Third-party terms. You must comply with applicable third-party terms of agreement when using the App, for example your wireless data service agreement.
- Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.
Where these Terms conflict with Apple’s Licensed Application End User License Agreement, these Terms prevail to the extent permitted by Apple’s rules.
14. Termination
You may stop using the App at any time by deleting it. We may suspend or end your licence if you seriously or repeatedly breach these Terms. When the licence ends, you must stop using the App and delete it. Sections that by their nature should survive (including sections 2, 9, 11, 12, 16 and 17) continue to apply.
15. Changes to these Terms
We may update these Terms for valid reasons, such as changes to the App, to the law or to Apple’s requirements. We will change the “Last updated” date. For changes that materially affect you, we will tell you in the App or on this website in advance. If you do not agree to the changes, you can stop using the App and delete it. Continued use after changes take effect means you accept them.
16. Governing law and disputes
These Terms are governed by Italian law. If you are a consumer, you also keep the protection of the mandatory provisions of the law of the country where you habitually reside (Article 6 of Regulation (EC) 593/2008, “Rome I”).
If you are a consumer resident in Italy, the court of the place where you live or are domiciled has mandatory jurisdiction (Article 66-bis of the Italian Consumer Code). If you are a consumer resident elsewhere in the EU, you may bring proceedings in the courts of your country of residence. For non-consumers, the courts of Italy have exclusive jurisdiction.
Please contact us first. Most problems can be solved quickly by email. You may also use out-of-court consumer dispute-resolution bodies available in your country.
17. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the App.
- Severability. If any provision is found invalid or unenforceable, the rest remains in effect.
- No waiver. If we do not enforce a right immediately, we do not give it up.
- Assignment. You may not transfer your rights under these Terms. We may transfer ours to another party who takes over the App, provided your rights are not reduced.
- Language. These Terms are written in English. If we provide a translation and the versions conflict, the version most favourable to you as a consumer prevails.
18. Contact
Federica Benacquista
Via del Lido 106
04100 Latina (LT), Italy
Email: support@copycut.it