Terms of Fertility Report Service

 

Welcome to the Terms of Fertility Report Service and thank you for using our Leeaf services.

Please read the following legal agreement carefully before using our Leeaf Fertility Report Service. By using our Leeaf Fertility Report Service, you signify your assent to these Terms of Fertility Report Service. If you do not agree to these Terms of Fertility Report Service, please disconnect from and do not use our Leeaf Fertility Report Service.

We know it’s tempting to skip these Terms of Fertility Report Service, but it’s important to establish what you can expect from us as you use Leaf services, and what we expect from you.

These Terms of Fertility Report Service are between you ("Patient" or "you") and the entity providing the Leeaf Fertility Report Service to you, which may be, depending on your location, COGNITIVE IVF UK LTD, a private limited company with its seat at 71-75 Shelton Street, Covent Garden, London, England, WC2H, ID: 13096025, Cognitive IVF a.s., a joint-stock company with its registered seat in Prague, Olivova 2096/4, Postal no. 110 00, Czech Republic, ID 09608095, or their sister companies, other subsidiaries or one of their affiliates (collectively, "Cognitive IVF", "we" or "our company"). Your Leeaf Fertility Report Service provider may change from time to time, with or without prior notice (unless required by applicable law). Please read these terms, along with the Terms of Use, Privacy Policy and all other rules and policies related to the Leeaf Fertility Report (including, but not limited to, any rules or relevant provisions specified on any product detail page or on any help or other informational page for the Leeaf Fertility Report Service including information specified on the mobile application) (collectively, this "Agreement").

Although we strive to ensure that all binding information documents are consistent with each other, given the specific nature of the Leeaf Fertility Report Service, we specify that in the event of a conflict between the Terms of Fertility Report Service and other documents constituting the Agreement, the provisions of the Terms of Fertility Report Service shall prevail.

Each time you visit, browse, or use the Leeaf Fertility Report Service in any way, you accept this Agreement on behalf of yourself and others who use the Leeaf Fertility Report Service under your account.

1.THE SERVICE & HOW IT WORKS

 

Leeaf Fertility Report Service (the "Service" or "Fertility Report") is a personalized service free of charge which, based on information received from you, a selected medical expert will assess key fertility facts and (i) propose nutrition improvements to boost your body and (ii) provide tips on activities and exercises to optimize your fertility journey.

The Service can be beneficial almost any time during your fertility journey when the patient feels doubts about current well-being and the next steps to consider.

Some patients look for first quick answers and lack a trustful guide. Fertility Report gives the first glimpse into the current well-being and helps to navigate into the best direction that can be done at home and/or suggest to start acting more proactively by searching a clinic. Starting by asking questions the right way can save a lot of time and stress later on.

As a condition of providing the Service, the patient must enter the mandatory data in full regarding treatment and agree to the Terms of Fertility Report Service.

However, in order for us to do so, we need to have access to some data regarding the treatment. Mandatory data which will enable us to provide you with the Service are in groups as follow:

  1. Basic personal information

  2. Well-being

  3. Medical history

    1. Basic medical history

    2. Gynaecological history

    3. Fertility history

    4. Health conditions & diseases

    5. Tests & exams

    6. Vaccination

  4. Family History

  5. Test Results

At the same time, we hereby reserve the right to request additional personal data in case it is necessary for the provision of the Fertility Report. For more information on personal data see article 4.

You don’t need to feel uncomfortable about sharing your personal data with a strange physician as you have the opportunity to choose to whom of our collaborating physicians your personal data will be sent to. Rest assured, each of the collaborating physicians is an expert in the IVF field and is licenced to practice medicine.

After having given your explicit consent to the processing of your personal data and to the transfer of your personal data to the chosen expert, you will first need to complete a set of our questionnaires. Our questionnaires ask a wide variety of questions intended to gather as much relevant information as possible. You will also be asked to fill in information provided by your obstetrician or through fertility home-test done though our app.

The questions you will be asked are of these fields:

  • your general medical history,

  • information concerning your menstrual cycle and corresponding significant health findings,

  • you and your partner’s hormonal levels provided by your obstetrician or home-testing,

  • your diet and your daily routine.

2.LIMITATIONS OF THE FERTILITY REPORT SERVICE

 

With all that said, we should be clear:

There are limitations to what the Fertility Report can accomplish, versus an in-person consultation wherein you’d meet with one of our physicians to have a back-and forth dialogue. If your aim is for our physicians to devise an alternative treatment plan for you, additional testing and a follow-up consultation may be required. If, however, you intend to get a second opinion, the Fertility Report will give you the required output which might help you on your fertility journey whilst abiding to abovementioned treatment plans and other medical procedure suggested by your physician.

That being said, you can maximize the benefits of the Fertility Report Service by providing us with as much information as possible, both on the consultation form and with the medical records you provide us with. Furthermore, you will also be able to schedule a follow-up consultation with the physician (according to your mutual agreement) to clarify any questions which may arise in the process.

3.OUR MUTUAL RIGHTS AND OBLIGATIONS

  1. Terminology

    1. User. Any individual who has downloaded the Application and made a registration within the Application.

    2. User Account. The User’s personalised page through which the Service is provided.

    3. Provider. The entity which provides the Leeaf Fertility Service Report depending on your location (see introduction to these Terms of Fertility Report Service).

    4. Application. The platform suitable for mobile phones or similar devices via which the Service is provided to the User.

  2. Prohibition of breach of the Terms of Fertility Report Service

    1. The User is obliged to use the Service only in such a way as to avoid violating these Terms of Fertility Report Service as well as generally binding legal regulations applicable in the User’s country or in the country the Service is provided.

  3. Length of the Service provision

    1. The Provider undertakes to continuously ensure the provision of the Service to the User until the Agreement is terminated by either party. The Service shall not be provided to the User once the Agreement has been terminated.

    2. The User may request cancellation of the provision of the Service by sending a request to our contact details. The Provider is not obliged to inform the User about the cancellation of the provision of the Service.

  4. Cancellation of a User Account

    1. The Provider is entitled to delete at his own will any User Account during the provision of the Service. Reason for such conduct can be, for example, but not exclusively, any violation of these Terms of Fertility Report Service and / or of the relevant generally binding legal regulations by the User. The Provider is not obliged to inform the User about such User Account cancellation. This does not relieve the Provider of the obligation to handle the personal data he had obtained in accordance with art. 4 of these Terms of Fertility Report Service, the Privacy Policy and the relevant legislation.

    2. The User Account can also be cancelled upon the User’s explicit request made via our contact details or directly within the Application.

  5. Updating the Application and Service provision limitation

    1. The Provider is entitled to update the Application regularly on an ongoing basis, particularly to ensure its compatibility with the up-to-date versions of the Android and iOS operating systems, as well as to remove bugs, ensure greater security or create new elements and features of the Service and the mobile application itself.

    2. The User is entitled to inform the Provider in case of any issues they may have concerning the Application. In the event of such notification, the Provider undertakes to make reasonable efforts to resolve the issue relation the Application.

    3. The Provider is entitled limit the provision of the Service partially or wholly without giving any reason. In particular, the Provider is entitled to temporarily limit the availability of the Application due to updates, maintenance or changing the technical configuration of the Application.

    4. If limitation of the provision of the Service were to take place, the Provider is not obliged to notify the User in advance of it. This does not apply if there is a scheduled downtime due to updates, maintenance or changes of technical configuration of the Application which is to exceed 48 hours. In such case, the Provider undertakes to notify the User via the Application at least 24 hours in advance.

4.PRIVACY POLICY SPECIFICS

  1. General

    1. In order to provide you with the Fertility Report Service, we need to process your personal data, including personal data of special categories (“sensitive personal data”).

    2. For detailed regulations regarding the protection of your personal data, the rights you have in this context and how to exercise these rights, we refer you to the Privacy Policy. At this point, we only summarize some of the specifics relating to Fertility Report Service.

    3. We assure you that in the event of processing your personal data, we do so in full compliance with the Agreement as well as with relevant applicable law. Moreover, within our company, its sister companies and subsidiaries and similar entities, we have also adopted a number of other obligations which effectively bring more restrictions on us processing your personal data, thereby also secure the protection of your both personal data and sensitive personal data better.

    4. We are fully aware that you provide us with a range of sensitive personal data for the purposes of providing the Services, therefore we have tailored the protection of these data accordingly. We assure you that we do our best to protect your personal data with the maximum use of available mechanisms and technologies and in full compliance with mandatory data protection and related legislation.

  2. Transmission of your personal data

    1. A specific feature of our Service is that the personal data you provide to us will be passed on to the chosen collaborating physician of your choice. However, we will only make this transmission happen with your prior explicit consent.

    2. Therefore, you do not have to worry about your personal data being transferred to a person you have not selected and consented to beforehand.

  3. Consent and its revocability

    1. The consent given to us for the transfer of personal data to a collaborating physician is revocable at any time. You may withdraw your consent either in the manner in which you have granted the consent, including via the Application, or in any other manner, such as via our contact details. However, the withdrawal of the consent does not affect such processing of personal data that has been made prior.

    2. Depending on the concrete physician of your choice, your personal data may also be transferred outside the United Kingdom. Even in this case, we guarantee that the physician to whom the personal data has been transferred must treat your personal data according to the same rules as our company in the United Kingdom.

    3. Our protection of your personal data does not end when it is transferred to the collaborating physician. On the contrary, we have taken steps to ensure that all collaborating physicians are bound by the same strict data protection requirements.

  4. Categories of the processed personal data

    1. A list of your personal data that we process for the purposes of providing the Fertility Report Service forms an integral part of these Terms of Fertility Report Service as Annex 1 (where it concerns personal data about you as a patient) and Annex 2 (where it concerns personal data about your partner).

    2. Annex 1 – see the end of these Terms of Fertility Report Service.

    3. Annex 2 – see the end of these Terms of Fertility Report Service.

5.Licence and access

Subject to your compliance with these Terms of Fertility Report Service, Cognitive IVF including its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Cognitive IVF services. This licence does not include any resale or commercial use of any Cognitive IVF service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Cognitive IVF service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools.

All rights not expressly granted to you in these Terms of Fertility Report Service are reserved and retained by Cognitive IVF or its licensors, suppliers, publishers, rightsholders, or other content providers. No Cognitive IVF service, nor any part of any Cognitive IVF service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Cognitive IVF.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cognitive IVF without prior express written consent. You may not use any meta tags or any other "hidden text" utilizing Cognitive IVF's name or trademarks without the prior express written consent of Cognitive IVF. You may not misuse the Cognitive IVF services in any way. You may use the Cognitive IVF services only as permitted by law.

The licences granted by Cognitive IVF terminate and no longer apply if you do not comply with these Terms of Fertility Report Service.

6.DISCLAIMER

The Fertility Report Service and its outcomes are based exclusively on the information transmitted to us remotely (via the Application). The Fertility Report, therefore, cannot by its nature be equated to a full medical consultation which relies on a face-to-face encounter between a physician and a patient, and, where indicated, physical examinations and tests can be performed.

Our Service is also fully dependent on the representations made by the patients submitting the information. Submitted materials are, according to medical standards, evaluated by a physician. Final medical recommendations can only be made in combining knowledge about the patient’s detailed medical history with a careful evaluation of physical finding and examination of laboratory tests.

At this point, please note again that our company does not provide medical advice and is in no way responsible or liable for any medical or similar advice or information provided by the chosen physician, as it only mediates the transmission of the Fertility Report from the User to the collaborating physician.

Patients submitting a request for a Fertility Report to CHR should, therefore, act upon the Fertility Report Service and its outcomes only after having a personal consultation with a physician.

7.DISPUTES, TERMS OF USE

Any dispute or claim arising from or relating to this Agreement or the Service is subject to the governing law, disclaimer of warranties and limitation of liability, dispute resolution and class action waiver (if applicable), and all other terms of use in the Cognitive IVF. You agree to those terms on behalf of yourself and others who use the Leeaf Fertility Report Service under your account. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

8.LIMITATION OF LIABILITY

 

The laws of certain jurisdictions, including the European Union’s jurisdiction, may not allow limitations or exclusion of implied warranties or the limitation of exclusion of liability for certain types of damages. If these laws apply to you, some or all of the below mentioned disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

The Cognitive IVF services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Cognitive IVF services are provided by Cognitive IVF including its content providers on an “as is and “as available” basis, unless otherwise specified in writing. Cognitive IVF services makes no representations or warranties of any kind, express or implied, as to the operation of the Cognitive IVF services or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Cognitive IVF services, unless otherwise specified in writing. You expressly agree that your use of the Cognitive IVF services is at your sole risk.

To the full extent permissible by law, Cognitive IVF disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose. Cognitive IVF does not warrant that the Cognitive IVF services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Cognitive IVF services; its servers or electronic communications sent from Cognitive IVF including the collaborating physicians and content providers are free of viruses or other harmful components. To the full extent permissible by law, Cognitive IVF will not be liable for any damages of any kind arising from the use of any Cognitive IVF service or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any Cognitive IVF service, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Without limiting the disclaimer of warranties and limitation of liability in the Terms of Use: (i) in no event shall our or our software licensors' total liability to you for all damages arising out of or related to your use or inability to use the Service exceed the amount of one hundred pounds (£100); and (ii) in no event shall our or our Reproductive medicine expert total liability to you for all damages arising from your use of the Service, the Fertility Report, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount of one hundred pounds (£100). The limitations in this section will apply to you even if the remedies fail of their essential purpose.

9.CONTACT INFORMATION

 

For communications concerning this Agreement, please write to Cognitive IVF via the relevant notice address listed here.

10.FINAL PROVISIONS

 

If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

These Terms of Fertility Service Report are valid and effective from May 4th, 2022, and will be updated and amended from time to time. Cognitive IVF reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Service. To the maximum extent permitted by law, your continued use of the Service following any changes will constitute your acceptance of such changes.

11.Annexes

Annex no. 1 – List of personal data processed about the User

Annex no. 2 – List of personal data processed about the User’s partner