1. 1 Acceptance of the Terms. Please read this Agreement carefully. By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. If you do not agree to these Terms, you may not access or use the App.
1. 2 Agreement duration. Unless specified otherwise in these Terms or before conclusion of the Agreement, the Agreement is concluded for indefinite period. In case you agreed that the Agreement term will renew automatically, you may reject this renewal any time before the end of the current Agreement term.
1. 3 Agreement modification. We may modify these Terms from time to time. We will notify you by email, through the App, or by presenting you with a new version of the Terms for you to accept if we make modifications that materially change your rights. Your continued use of the App or other Service after the effective date of an updated version of the Terms will indicate your acceptance of the Terms as modified.
1. 4 Specific rules for EU users. Please note that if you are user from the EU country, specific rules of Art. 23 of these Terms apply. In case of any conflict between the rest of this Agreement and the rules of Art. 23 of these Terms, Art. 23 of these Terms prevails.
2. 1 No medical advice. The Company is not a licensed medical care provider and the App or any other Service is not intended to replace professional medical advice or diagnose, treat or manage any illness or medical condition. Please consult with a licensed physician or other qualified healthcare provider before making any decisions or taking any actions that may affect your health and safety or that of your family. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with the App or the Service. Always consult with your healthcare professional if you have any questions or concerns about your health or condition or experience any changes in your condition or health status. If you think you have a medical emergency, call the national medical emergency number or go to the nearest open emergency room immediately.
2. 2 Disclaimer of liability. We disclaim liability for any errors or omissions, or for unintended technical inaccuracies, or typographical errors in the provided materials, as well as violation of any ethical or moral standards applicable in your community to sexual education and related materials.
3. 2 Age restriction. To create an Account and access the App, you must be at least 16 years old and not barred from using the App under applicable law. If you are under 16, please do not attempt to register to our App, apply for our services or send any personal data about yourself to us.
4. 2 Consequences of violation. Any such forbidden use shall immediately terminate your license to use the App.
5. 1 Description of fees. The terms of any agreement to pay for any premium services will be explained on the payment page on our website or mobile app, where you will confirm the particulars of your agreement.
5. 2 Payment of fees. You will pay for premium services through the Apple or Google system through which you obtained the relevant App upon confirmation of purchase. You agree to pay all charges you subscribe for on the App or otherwise through the services using this system.
5. 3 Authorisation to charge. By purchasing premium services, you authorize the Apple or Google system to charge your account at such time including any sales or similar taxes imposed on your payment.
5. 4 Refunds. Any refunds shall be done through the Apple or Google standard refund procedure and refund is subject to the Apple or Google decision.
6. 1 Your warranty. The software that supports the App may be subject to export and reexport control laws and regulations. You represent and warrant that you are: (a) not located in any country or region that is subject to a EU, UK or US embargo, sanctions or export controls, and (b) are not a denied party as specified in particular regulations.
6. 2 Compliance with laws. You agree to comply with all EU, UK, US and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws, and regulations.
7. 1 License scope. We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement.
7. 2 Rights reserved. All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to firstname.lastname@example.org.
7. 3 Ownership of rights. To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, and all other forms of data or communication that the Company creates and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content, and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content (as defined below). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Company’s content are retained by us. We have introduced to our system such necessary technical and organizational measures of internal control and processes of the safety of the information that follows best practice corresponding to the potential risk to you. At the same time, we take into consideration the perspective of the future technological progress in order to protect your personal data from unauthorized disclosure, access or its loss. These measures include, but are not limited to, employees’ data protection training, regular backups of the data, data recovery procedure, and mechanism of responsibility for an infringement of protected data, software and hardware protection.
8. 1 User content provision. The App enables you to upload personal notes, share your stories, post or upload content, submit content and log certain information into the App (“User Content”). You retain all rights to such User Content that you post, share, or log in the App.
8. 2 License to User Content. By providing your User Content to the App, you:
8. 3 Right to review User Content. The Company reserves the right to review all User Content prior to submission to the App and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
9.1 No warranty of accuracy. Our goal is to help make certain health-related information more readily available and useful to you. However, the App cannot and does not guarantee health-related improvements or outcomes. Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device.
10. 1 No promotion of wrongful behaviour. The information within the App does not incite, induce or otherwise promote any sexual behaviour or activity among minors and does not direct the content of communication to any particular person. All information provided within the App is for general educational purposes only.
10. 2 Use by minors. We carefully examine the materials that we make available via the App to people between 16 and 18 in order to avoid any inappropriate or harmful content. We fully understand that moral and ethical rules might differ from country to country in defining what information related to sexuality is admissible to minors.
10. 3 No publication of harmful content. We neither intend nor publish sexually explicit content or content that otherwise might qualify as harmful to minors or juveniles under applicable law. We make reasonable efforts to ensure that all materials provided by us on the App are based on facts only and are scientifically accurate.
10. 4 Varying views. Please be aware that individual ethical views on what is offensive or harmful to minors may vary from the requirements set for content that may be made available to minors under applicable law.
11. 1 Obligations to keep passwords safe. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your App passwords or account. It is your sole responsibility to (a) control the dissemination and use of sign-in name, screen name and passwords; (b) authorize, monitor, and control access to and use of your App account and password; (c) promptly inform the Company if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. You grant the Company and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the App.
12. 1 Use in certain locations. The Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.
12. 2 No App warranty. The App is provided “as is”, “as available” and is provided without any representations or warranties of any kind, express or implied, including but not limited to, the implied warranties of title, warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law. The Company, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the App will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the app is free of viruses or other harmful components; (d) the results of using the App will meet your requirements. Your use of the App is solely at your own risk; or, (e) the accuracy, reliability, or completeness of the content, text, images, software, graphics, or communications provided by third parties on or through the App. Some states/ countries do not allow limitations on implied warranties, so the above limitations may not apply to you.
13. 1 Exclusion of liability. In no event shall the Company, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of this App. In no event will the Company’s total liability arising out of or in connection with these Terms or from the Use of or inability to use the App exceed the amounts you have paid to the Company for use of the App or one hundred pounds (£100) if you have not had any payment obligations to the Company, as applicable. The Company, or any third parties mentioned on the App are not liable for any personal injury, including death, caused by your use or misuse of the App.
14. 1 Service rates. Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.
15. 1 Third party services. The App may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). The Company does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements.
16. 1 Feedback use. We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.
17. 1 Usage monitoring. We are not obligated to monitor access or use of the App. However, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with these Terms, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the App or access to App at any time and without notice, and at our sole discretion if we determine in our sole discretion that your content or use of the App is objectionable or in violation these Terms.
17. 2 No liability for monitoring. The Company has no liability or responsibility to users of the App or any other person or entity for performance or non-performance of the aforementioned activities.
18. 1 Changes of the App. From time to time and without prior notice to you, we may change, expand, and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
18. 2 Additional terms. When using the App, you may be subject to the terms and conditions of the operator of the Google Play service, the App Store service or other services on which our mobile applications are offered, even if they are not expressly stated in this Article 18 of the Terms.
18. 3 Google Play conditions. App available on Google Play. The following conditions also apply when using the Application available on Google Play
18. 4 App Store conditions. When using the App through the App Store service, the following conditions also apply:
19. 1 Fertility Report conditions. In case the Fertility Report Service is provided by us, the following conditions, which have priority over other provisions of these Terms, also apply:
19. 1 Indemnification of Company. You agree to defend, indemnify, and hold the Company and its affiliates, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.
20. 1 Governing law and jurisdiction. Any dispute arising from this Agreement shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement, shall be in an appropriate court located in the United Kingdom and the parties unconditionally waive their respective rights to a jury trial.
20. 2 Limitation period. Any cause of action you may have with respect to your use of the App must be commenced within one (1) year after the claim or cause of action arises.
20. 3 Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
20. 4 No waiver. No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
20. 5 Survival. Upon termination, all provisions of these Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
20. 6 Individual litigation. All claims between the parties related to these Terms will be litigated individually, and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.
20. 7 Service refusal. We may refuse service, close Accounts, and change eligibility requirements at any time.
21. 1 Notification. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting the Company and providing the following information:
21. 2 Notice and takedown policy. In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.
22. 1 Applicability and exclusion. If you are not a consumer, any rules of national legislation regulating the provision of digital content or digital services are excluded. If you are a consumer, following rules of this Art. 22 apply.
22. 2 Normal costs of communication. You do not incur any costs for using the means of remote communication through which you communicate with us and conclude an Agreement. At the same time, we will not charge you any fees for telephone communication with us or communication via the Internet. However, you will still pay standard rates for the use of communication means to your provider of these telecommunications services.
22. 3 No deposits. In connection with the provision of the Services, we do not require payment of an advance payment or other similar payment.
22. 4 Updates. We do not provide updates to the Services or the App unless we specify otherwise for the Service or the App. If we provide them, you are obliged to apply them within a reasonable time after they are made available, otherwise you have no rights from a defect arising as a result of non-applying such update.
22. 5 Language. The Services and the App are mainly provided in the English language, but may also have other language mutations.
22. 6 Compatibility and Interoperability. Once downloaded, the App and its related Services work on standard smartphones, especially Android and iOS phones. However, we reserve the right to limit the use of the App and Services based on detection of incompatibility or security risks on any devices. To use the App and Services, you need to be connected to the Internet, unless specified otherwise.
22. 7 Immediate commencement of provision of Services. You expressly request and agree that the Agreement will begin to be performed and we will begin to provide you with the Services before the expiration of the general period for withdrawing from the agreement. With regard to the above, you can withdraw from the Agreement within 14 days only to the extent of the Services that were not provided before the withdrawal period, or in the case of their partial provision, you do not have the right to a refund of a proportional part of the agreed price for the performance already provided. In relation to making the App available as digital content, you acknowledge that you will not have a right of withdrawal in relation to such digital content.
22. 8 Delay in making the App available. If we are late in making the App available and we do not allow you to access it even after we agree on an additional period for this, or it is clear from our statement and the circumstances that we will not do so within the additional period, you may withdraw from the Agreement.
22. 8 Retention and availability of the Agreement. The Agreement is concluded in Czech or English and is kept by us in the form of an electronic record for our internal purposes. Access to it is therefore not possible.
22. 8 Electronic form of notification. You agree to provide all data before concluding the Agreement, issuing a confirmation of the conclusion of the Agreement and issuing a confirmation of consent to start performance before the expiry of the period for withdrawing from the Agreement in electronic form.
22. 8 Contract conclusion process. The Agreement may be concluded through the App, on our website or by other means. Before concluding the Agreement, you can check, change and correct the entered data.
22. 8 Confirmation of conclusion of the Agreement. Confirmation of the conclusion of the Agreement, including these Terms and information about your consent to start performance before the expiration of the period for withdrawing from the Agreement, will be sent to you by electronic means after the conclusion of the Agreement.
22. 8 Supervisory Authorities. The supervisory authorities that supervise our activities and to whom you can turn in case of complaints are:
22. 8 Rectification of defects. If you are a consumer, in addition to the general rules related to the rectification of defects of the App or the Service mentioned above in these Terms, the following rules, which have priority over other provisions of these Terms, also apply to rectification to defects in digital content or digital content services:
22. 8 Withdrawal. You can withdraw from the Agreement by sending a signed form for withdrawal from the Agreement, which is provided below, to our address, or through the App, if this is possible. In order to comply with the withdrawal period, you must send a withdrawal statement within the withdrawal period.
|Addressee:||Cognitive IVF a.s., ID No. 09608095, with its registered seat in Prague, Olivova 2096/4, Postal no. 110 00, Czech Republic|
|I hereby notify to you that I withdraw from the agreement for the provision of FILL IN.|
|Date of conclusion of the agreement:|
|Name and surname:|
22. 8 Legal effects of withdrawal. The legal effects of withdrawal occur on the date of delivery of the written notice of withdrawal from the Agreement to the other party. By withdrawing from the Agreement, the Agreement is cancelled at the moment of delivery of the notice of withdrawal from the Agreement to the other party. After withdrawal, we can prevent you from further using the App or Services, in particular by making them unavailable. If you withdraw from the Agreement, we will return all funds to you immediately, within 14 days at the latest; This does not apply in the case of withdrawal from the Agreement, the subject of which is the provision of services, the performance of which we started based on your express request before the expiry of the period for withdrawal from the Agreement; in such a case, we are not obliged to return a proportional part of the agreed price provided until the moment of withdrawal from the Agreement.
Cognitive IVF a.s.