Terms of Use

These Terms of Use (the “Terms”) are an agreement between you and WhealBit of St Ives, Cornwall (“Splash”, “we”, “us” or “our”) for your use of the Splash app and this website (together, the “Service”). By using the Service, or ticking to agree in the app, you accept these Terms. If you don’t agree, please don’t use the Service. They incorporate our Acceptable Use Policy and should be read with our Privacy Policy and medical disclaimer.

Splash is made for individuals using it for themselves, so you are a consumer. Nothing in these Terms affects your statutory rights as a consumer.

Improving Splash

We’re improving Splash all the time, so features may change, be added or be withdrawn, and availability may occasionally be interrupted. Export a backup file from the app from time to time. None of this reduces our duties under data protection law or any right you have that cannot lawfully be excluded.

1. Definitions

• App: the Splash app, whether used on the web, installed from the web, or downloaded as the Splash apps for iPhone, Apple Watch and Android.
• Account: the optional account you can create for encrypted backup, sync, partner sharing and notifications.
• Your Data: everything you enter into or generate in the App.
• Recovery code: the code the App shows you when you create an Account, which is the only way to unlock your encrypted backup on a new device.
• Partner: someone you choose to share selected categories with.

2. The service

Splash is currently free to use. There are no subscriptions or in-app purchases, and you can use it fully without an Account. We may improve, change, add or withdraw features, and we may change our pricing in future. We will note significant changes on the changelog, and we will give you reasonable notice before any charge applies. We won’t charge you for anything without your clear agreement first, and you can always export your data.

3. Not medical advice, not contraception

Splash is a tracking and information tool. It is not a medical device, it cannot diagnose, and it is not contraception. Predictions, fertile windows, due dates and insights are estimates and may be wrong. Do not rely on Splash to avoid or achieve pregnancy, or instead of advice from a qualified professional. Articles are general information. If you are worried about your health, speak to a GP, pharmacist, midwife or sexual health service; in an emergency call 999 (UK) or 911 (US). See the medical disclaimer.

4. Who can use Splash

Anyone can use the App without an Account. You must be 13 or over to create an Account. If you are under 18, we recommend involving a parent, carer or trusted adult when using health features.

5. Optional account, keys and recovery

• Keep your password, recovery code, PIN and any share QR code or link safe. Anyone with them may be able to reach your data.
• Because Your Data is end-to-end encrypted, we cannot see it, reset it or recover it. If you lose your recovery code and every signed-in device, your encrypted backup cannot be restored by anyone, including us.
• You can delete your Account at any time in the App, which deletes our copy straight away.

6. Partner sharing

You decide what to share, with whom, and for how long, and can pause or stop at any time. A Partner can see what you share on their own device, and we can’t control what they do with it. Only share with people you trust. If you receive a share, use it only to support the person who shared it.

7. Acceptable use

You must follow our Acceptable Use Policy. In short: don’t try to access other people’s data, don’t disrupt or reverse-engineer the Service’s security, and never use Splash to monitor or pressure someone. We may suspend Accounts that break it.

8. Your data

Your Data is yours. We claim no rights over it, and we only handle it as described in our Privacy Policy. You can export it at any time. You are responsible for keeping your own backup, as with any app.

9. Our content and intellectual property

Splash, its design, mascot, artwork, articles and code are owned by us or our licensors. You may use the Service for your own personal, non-commercial purposes. You may share links to our articles and quote short extracts with credit. You may not copy, sell or republish substantial parts of the Service without our permission.

10. Changes and availability

We aim to keep Splash available but don’t guarantee it will be uninterrupted or error-free. Because the App works on your device, most features keep working offline even if our servers are down. If we ever plan to close the Account service, we will give you at least 30 days’ notice so you can export your data. We may update these Terms; if a change is significant we will ask you to review and accept it in the App.

11. Ending your use

You can stop using Splash at any time: delete your Account in the App and clear its data from your device. We may suspend or close an Account that seriously or repeatedly breaks these Terms or the Acceptable Use Policy, or where the law requires, and will tell you why unless doing so would be unlawful or put someone at risk.

12. Provided as is

The Service is currently provided free of charge, on an “as is” and “as available” basis. To the extent the law allows, we make no promise that predictions or content are accurate, complete or suitable for your circumstances. This does not affect your statutory right that digital content and services are provided with reasonable care and skill and as described.

13. Our liability

We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill. We are not responsible for loss that was not foreseeable, for decisions you make in reliance on estimates (see section 3), for loss caused by losing your recovery code or sharing your keys, or for business losses (Splash is for personal use). Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited by law.

14. Your consumer rights

Nothing in these Terms affects your rights under the Consumer Rights Act 2015 or other consumer law that applies to you. If you live in the EU, you keep the protection of the mandatory consumer laws of your country.

15. Law and disputes

These Terms are governed by the law of England and Wales. If a problem comes up, please contact us first and we will try to resolve it. You may bring proceedings in the courts of England and Wales, or, if you live in Scotland, Northern Ireland or the EU, in your local courts.

16. General

If any part of these Terms is found unenforceable, the rest still applies. If we don’t enforce a right straight away, we can still do so later. We may transfer these Terms to someone who takes over Splash, and will tell you if that happens; it won’t reduce your rights. No one else has rights under these Terms.

17. Contact

WhealBit, St Ives, Cornwall. hello@splash.care · 01736 396654.

Related legal documents

• Privacy Policy What personal data exists, where it lives, why, for how long, and your rights.
• How we process data Our data-processing schedule: the encrypted-backup service, security measures and breach handling.
• Cookie Policy No cookies on this site, and what the app keeps on your device.
• Sub-processors The third parties that help us run Splash, and where.
• Acceptable Use Policy What you may not do with Splash, including using sharing to monitor someone.
• Medical disclaimer Not a medical device, not contraception, and when to get help.

Questions about any of these? Email hello@splash.care.