Last Update: July 7, 2020

Terms & Conditions

Please read these Terms and Conditions carefully before accepting them in the order process. Your attention is drawn in particular to the Consumer Rights and Returns Policy. These Terms of Use govern your use of all Sites, all content, data, and information provided on and/or through the Sites, and any products and services offered by Mira and purchased through the Sites (collectively the “Products and Services”).

Definitions

In these Terms & Conditions the following expressions shall have the following meanings:

1. ‘the Company’ means Quanovate Tech Inc;
2. ‘Goods’ means the articles described in the Contract;
3. ‘the Buyer’ means the person or company who makes the Contract with the Company, whether directly or indirectly;
4. unless otherwise stated ‘Company’s Premises’ means the Company’s offices at 4637 Chabot Dr, Suite 230, Pleasanton, CA 94588, USA;
5. ‘the Contract’ means the items sold via the ‘Cart’ on the Company Websites, these Conditions of Sale, and any other written document where an agreed price has been paid by the Buyer;
6. ‘Company Websites’ means www.miracare.com.

General

The Buyer understands that by ordering the Goods, they agree to be bound by these terms and conditions.

1. The Buyer understands that the accessories and contents of the packaging, other than the form and function of the Mira Fertility tracker, are subject to change from time to time; and that the accessories may vary from those shown on the website at the time of order.

2. These conditions shall be deemed to be incorporated in all contracts of the Company to sell Goods. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract the other conditions shall continue in full force and effect.

3. The information provided on the Company Websites is for information purposes only and is not a substitute for professional medical advice. Such advice should always be sought before the personal use of the Goods, or in the case of concerns regarding the use of the Goods. Quanovate Tech Inc is not responsible or liable, directly or indirectly for any form of damages whatsoever resulting from the use, misuse, or reliance on information contained in or implied by the information on its websites or information obtained from Goods.

4. The Buyer understands that the Mira Fertility App and user instructions are currently available in English, users must have a good understanding of the English language to use the product.

5. The Buyer understands that the testing data (‘Results’) stored in the Mira Fertility App are uploaded in an encrypted format and stored in a secure database. The Buyer understands that the Results will be held separately from the billing and shipping address, and any payment details, but for identification may contain user information such as email address, Analyzer serial number, and subscription code. The Company will store the Results indefinitely but reserves the right to archive data in the future for Buyers that have been inactive for more than (10) ten years. The Buyer agrees that the Results can be used by the Company for scientific research or product development, but that they will remain anonymous in any materials shared outside of the Company.

6. From time to time, the Company will send out customer and research surveys which shall be answered by the Buyer voluntarily. Where the survey forms part of an approved clinical study the Buyer will be informed appropriately. The Buyer understands that the Answers from these surveys will be held separately from the billing and shipping address, and any payment details, but for identification may contain user information such as email address, Analyzer serial number, and subscription code. The Company will store the Answers indefinitely but reserves the right to archive data in the future for Buyers that have been inactive for more than (10) ten years. The Buyer agrees that the Answers from these surveys can be used by the Company for scientific research or product development, but that they will remain anonymous in any materials shared outside of the Company.

7. The Buyer has the “right to be forgotten” under GDPR regulations. Should the Buyer wish to remove their data from any of the Company’s databases they should write to the Company using the website contact form stating which information is to be removed.

8. The Mira Fertility App has functionality allowing the Buyer to share their charts and message information (‘Shared Information’) with other parties (‘Viewers’) by sending this information from the Mira Fertility App. The Buyer understands that the sharing of this information is entirely at the Buyer’s discretion and the Company shall bear no responsibility for such Shared Information howsoever it is interpreted or used by the Viewers. The Buyer understands that by sending an invitation to a Viewer, the Viewer shall on acceptance of the invitation also become bound by these Terms and Conditions.

9. The Company and its authorized distributors acting on its behalf reserve the right to alter product specifications at any time after initial delivery without prior notice to the Buyer. Where practicable the Company will offer an alternative product with the same or enhanced functionality.

10. The images of the App interference shown on the website may include features and designs of a future release, and may not reflect those of the current App version.

11. Each user of the service (a “user”) uses the products and services at the user’s sole risk. This means that:

• A user may get pregnant when using the products and services even if the user’s purpose for using the products and services is for family planning.
• There is no guarantee that the use of the products and services will assist a user in getting pregnant.
• A user may or may not successfully discover a pattern that leads to a diagnosis of potential illness or disease with the use of the products and services.
• All information is input by you and you are solely responsible for the interpretation of your information.
• Certain information provided through the service may involve discussion of reproductive anatomy and/or sexual acts and therefore may not be appropriate for all users. If you are offended by material of a sexual nature, including information about conceiving or family planning, or discussion of reproductive anatomy then you should not use the products and services

Special Conditions

Those who have PCOS may experience unreliable results from Mira products. While these products may still help users assess their hormone levels—they may prove less effective in promoting successful conception for those with PCOS.
If you have PCOS and are experiencing regular monthly periods, the Mira products may work as intended. There are many women with PCOS who use Mira to track their cycles and achieve healthy conception and pregnancy. However, if you have PCOS and are not having regular monthly periods, you may experience unreliable results. Furthermore, it may be difficult to define proper testing times or the stage of your cycle—though results may improve by testing daily. Please consult with your doctor about how you can use Mira products to benefit from their use based on your condition.
If you receive positive results continually, this may be a sign of abnormally elevated luteinizing hormone (LH) levels. In such cases, the Mira products may be unreliable. The Mira products are not intended for use in detecting PCOS. If you are uncertain about having PCOS, please consult with your doctor.

Orders

1. All orders shall be confirmed in ‘writing’ either by direct action on the company websites or by a confirmation email.
2. No quotation shall be binding on the Company until the price is paid in full by the Buyer, and the order is confirmed in writing by the Company.
3. The payment process is managed for the Company by Shopify, PayPal, Shop Pay, Google Pay, and Amazon Pay. They are all well-known secure payment gateways. Therefore, the Buyer can be assured that they are safe to use.
4. The Buyer shall retain ownership of all Results, and the ability to view past data in the Mira Fertility App. It is the Buyer’s responsibility to maintain the current version of the Mira Fertility App, and in the case of changing mobile device to load the data onto the new device using downloading the current version of the Mira Fertility App and logging in with prior user details.
5. The Buyer understands that the Mira Fertility product is a regulated medical device, the Mira Analyzer and Mira Test Wands are non-returnable and non-refundable. For damaged or defective products that are covered by our one-year limited warranty described below, please contact us at [email protected]

Refund & Return Policy

1. The Buyer can cancel the order until it shipped with a full refund. Once order ships, the Company is no longer able to cancel it.

2. If the Buyer wants to return the products after it is shipped and before opening the box, please contact the Mira Support team within 10 days after the product is shipped. The Buyer should keep the original packaging, store the products in a dry environment between 4 ° to 30 °C (39 ° to 86 °F), and keep it away from direct sunlight.

3. To request a return, the Buyer should contact the Mira Support team at [email protected] and they will make the decision case by case. If a return request is approved, it will take five (5) business days to process the return. The Company will send the Buyer an email to notify about the receiving of a returned item. It would be inspected after such notification. The Company will also notify the Buyer of the approval or rejection of a refund or exchange, which acceptance or rejection will be in the Company’s sole discretion. If a refund is approved, the refund will be issued back to the payment method used for the initial payment and may take three to five business days to appear on the Buyer’s statement. To properly process the returning shipment, the sender of the returning product must be the same as the recipient of the original package.

4. The cost of shipping cannot be refunded. If the Buyer requests a paid return label, 15% of the original price of the product will be deducted (available for the US only). For not US orderds, the Buyer should send the product back by oneself.

5. The Company offers a 90-day money-back guarantee. The guarantee begins on the day the Buyer has started fertility tracking with the Mira Analyzer. If the Buyer has used the product continuously for 3 months while following the instructions (i.e. testing in every cycle, more than 4 times during the predicted fertile window, and at least once on the predicted ovulation day) but didn’t have an LH surge detected, the Company will refund the starter kit value to the Buyer. (For special cases, the Company will allow three cycles for the Buyer who has a more than 30 days cycle.)

Prices

1. The price payable for Goods shall be as displayed on the Company Websites or otherwise agreed in writing at the time of purchase.

2. In the US, all prices for the Mira Fertility product exclude Value Added Tax or other sales tax and carriage, which will be added to the invoice charge at the appropriate rate.

3.The Company reserves the right to adjust prices.

Terms of Payment

Unless otherwise stated by the Company in writing and recorded on the Company’s acknowledgment of order, payment shall be made in advance for all Goods.

Delivery

1. All times or dates given for delivery of the goods are given in good faith. Time of delivery should not be of the essence of any Contract nor shall the Company be under any liability for any delay beyond the Company’s control.

2. Delivery of the Goods shall be limited to Buyer’s who are over the age of 18, legally able to enter into the Contract, resident in, and (where applicable) accessing the Company Websites.

3. All claims for loss due to damage in transit or non-delivery must be notified in writing by the Buyer to the Company: (a) within seven days of the actual delivery date for damage or (b) within ten days of the date of the invoice for non-delivery.

4. In the event of a valid claim for loss due to damage, non-delivery, or non-compliance with the Contract, the Company shall choose to either repair or replace the Goods at its expense, but shall not be under any further liability.

5. If the Buyer fails to give notice in accordance with the condition above, the Goods shall be deemed to be in all respects in accordance with the Contract.

Ordering & Contracts Company Websites

1. Some Goods can be ordered using the ‘Cart’ mechanism on the Company Websites. The Contract is formed by the following steps. The Buyer fills the ‘Cart’ with the required items and continues to the appropriate payment screen. The Buyer then enters payment details on the payment screen. An order acknowledgment is sent to the Buyer via email. Once the payment has been received and the order accepted, the Goods will be dispatched, at which point the Contract shall be deemed to be in place.

2. Acceptance of Orders. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. You will be charged at the time you place your order, not when your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We will contact you if all or any portion of your order is canceled or needs to be modified. If your order is canceled or modified after your credit card (or other payment accounts) has been charged, we will issue a credit to your credit card (or other applicable payment accounts) in the amount of the charge or modification.

3. Referral Rewards. We reserve the right to, at our sole discretion, alter, discontinue, refuse, or cancel referral rewards accrued under the referrals offer as presented with the Mira Analyzer, Mira wands, or Mira App pre-order campaign or any other campaigns related to Mira products and services. You must already have a Mira account or set up a new Mira account to redeem accrued referral rewards. We will at times need to contact you to manage and deliver your order, and to ensure deliverability of your accrued referral rewards. You understand that we must have your active and valid email address and/or mailing address to deliver to you your accrued rewards. Rewards will accrue and be redeemable as defined by Mira.

4. Quantity Limits, Wholesale and Dealer Sales. Mira reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Mira and its products and services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Mira also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Mira to engage in a commercial sale of that same product(s) with a third party.

5. You can purchase products and/or services on the Website. We provide a link on our website to a third party vendor, which will process your payment for products and services. When you click submit your order, your payment information will be handled by an independent third-party service, which operates under separate Terms and Conditions with respect to your online payment transaction.

6. Product and service refund requests will be decided and issued at the sole discretion of Mira.

Passing of Title and Risk

1. The Goods shall remain the property of the Company until all payments under the Contract have been made in full and unconditionally. Once all payments are made and from the time of delivery, the Goods shall become the property of the Buyer.

2. In the event of failure to pay the price in accordance with the Contract, the Company shall have the power to resell the Goods.

Conditions & Warranties

1. The Contract shall not constitute a sale by description or sample.

2. Any conditions or warranties (whether express or implied by statute common law or arising from conduct or a previous course of dealing or trade custom or usage) as to the quality of the Goods, their fitness for any particular purpose, or correspondence with any description or sample are hereby expressly negatived.

Defective Goods

1. In respect of Goods supplied by the Company under a Contract, the Company undertakes that if within twelve months of delivery a defect occurs under proper use (with the exception of wear and tear) it will at its own discretion, repair or replace them. The Buyer shall inform the Company within seven days of such a defect occurring.

2. Nothing herein shall impose any liability on the Company in respect of any defect in the Goods arising out of the acts, omissions, negligence, or default of the Buyer including any failure by the Buyer to comply with any recommendations of the Company as to storage and use of the Goods.

Your Personal Account

1. Account Registration. To access portions of the Products and Services you may need to create an account through the Mira App. You agree that the information you provide to Mira upon registration and, at all other times, will be true, accurate, current, and complete. You acknowledge, consent, and agree that Mira may access, preserve, and disclose your account information and your Personal Information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms; (3) respond to your requests for customer service; or (4) protect the rights, property, business interests or personal safety of Mira, its users or the public.

2. When you register as a User 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 a subscription Service, purchasing and referring products, and entering personal information, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password, and any credit card information submitted thereunder, and for restricting access to your computer or any device on which you use the Mira App, Mira Analyzer, or Mira wands, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you are required to immediately notify Mira. You may be liable for the losses incurred by Mira or others due to any unauthorized use of your account. If you choose to grant another person access to your User account, such as a partner, you are solely responsible for such other User’s use of and access to your User account.

Links & Third-Party Content

1. Mira or third parties may provide links on and through the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services to third-party websites (“Reference Sites”). Mira has no control over such Reference Sites or Third-Party Content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, efficacy, legality, nature, availability or reliability of Reference Sites or content linked to by the Website or the App. Mira provides links to you only as a convenience, and the inclusion of any link on the Website or the App does not imply our affiliation, endorsement, or adoption of the Reference Sites or any information therein. Access and use of reference sites, including the information, material, products, and services on reference sites or available through reference sites, is solely at your own risk. When you leave the Website or App, our terms and privacy policy no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any reference sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website or the web app are solely between you and such advertiser. You agree that Mira will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website or the web app.

2. Additional restrictions may apply. Notwithstanding any rights and licenses granted to you in these Terms, the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services may contain Third-Party Content for certain limited uses, and your right to access, use, and share the Third-Party Content, and any content that contains, incorporates, adapts, or otherwise utilizes such Third-Party Content, may be subject to certain additional restrictions. You agree to abide by all restrictions and limitations of use that apply to such Third-Party Content.

Links & Third-Party Content

1. Mira or third parties may provide links on and through the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services to third-party websites (“Reference Sites”). Mira has no control over such Reference Sites or Third-Party Content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, efficacy, legality, nature, availability or reliability of Reference Sites or content linked to by the Website or the App. Mira provides links to you only as a convenience, and the inclusion of any link on the Website or the App does not imply our affiliation, endorsement, or adoption of the Reference Sites or any information therein. Access and use of reference sites, including the information, material, products, and services on reference sites or available through reference sites, is solely at your own risk. When you leave the Website or App, our terms and privacy policy no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any reference sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website or the web app are solely between you and such advertiser. You agree that Mira will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website or the web app.

2. Additional restrictions may apply. Notwithstanding any rights and licenses granted to you in these Terms, the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services may contain Third-Party Content for certain limited uses, and your right to access, use, and share the Third-Party Content, and any content that contains, incorporates, adapts, or otherwise utilizes such Third-Party Content, may be subject to certain additional restrictions. You agree to abide by all restrictions and limitations of use that apply to such Third-Party Content.

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