COGNITIVE IVF UK LTD
1. Acceptance of terms
1. 1 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 We may modify this Agreement from time to time. We will notify you by email, through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the App after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
2. Medical services disclaimer
2. 1 The Company is not a licensed medical care provider and the App 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. 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 999 or go to the nearest open emergency room immediately.
2. 2 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. Registration and eligibility
3. 2 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.
3. 3 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. Your use of the App
resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;
modify, reverse engineer, decompile or disassemble the App;
copy, adapt, alter, modify, translate, or create derivative works of the App without the written authorization of the Company;
permit other individuals to use the App, including but not limited to shared use via a network connection, except under the terms of this Agreement;
circumvent or disable any technological features or measures in the App for protection of intellectual property rights;
use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
use or access the App to compile data in a manner that is used or usable by a competitive product or service;
use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
use your Account to engage in any illegal conduct;
upload to transmit any communications that infringe or violate the rights of any party;
upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.
4. 2 Any such forbidden use shall immediately terminate your license to use the App.
5. Terms of payments
5. 1 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 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 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 Any refunds shall be done through the Apple or Google standard refund procedure and refund is subject to the Apple or Google decision.
6. Export and economic sanctions control
6. 1 The software that supports the App may be subject to UK 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 UK embargo, and (b) are not a denied party as specified in particular regulations.
6. 2 You agree to comply with all UK 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. Limited License to the App
7. 1 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 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 [email protected].
7. 3 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. License to User Content
8. 1 The App enables you to input 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 By providing your User Content to the App, you :
you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to Company with the terms described in this Agreement.
8. 3 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. Use at your own risk
9.1 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. Use by minors disclaimer
10. 1 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 We carefully examine the materials that we make available via the App to people between 13 and 17 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 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 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 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, monitory, 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. Warranty disclaimer
12. 1 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 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. Limitation of liability
13. 1 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. Use of mobile devices
14. 1 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. Third-party services
15. 1 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. Your feedback
16. 1 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. Enforcement rights
17. 1 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 this Agreement, 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 this Agreement.
17. 2 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. Changes to the App
18. 1 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.
19. 1 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 this Agreement.
20. 1 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 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 If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
20. 4 No waiver of by the Company of any term or condition set forth in this Agreement 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 this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement will continue in full force and effect.
20. 5 Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
20. 6 All claims between the parties related to this Agreement 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 We may refuse service, close Accounts, and change eligibility requirements at any time.
21. Notice and takedown procedures
21. 1 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:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location (e.g., App page) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
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.
Questions and comments
Cognitive IVF UK LTD