Terms of Use
The website located at https://www.fertiscore.com (the “Site”) is a copyrighted work owned by Fertiscore Limited (“Fertiscore,” “Company,” “us,” “our,” and “we”). Your submission of information, including personal information, through or in connection with the Site is governed by the terms of our privacy policy, as updated from time to time, available on our Site (“Privacy Policy”).
All additional terms, guidelines, and rules, including our Privacy Policy, are incorporated by reference into these terms of use (these “Terms”). By using our applications, products, website, content, communications, and services (collectively, the "Services"), you accept these Terms.
These Terms establish the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you accept these Terms (on behalf of yourself or the entity you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.
Our Services
We're committed to empowering you to make informed choices about your fertility and reproductive health journey. However, it's important to note that our aim isn't to dictate these decisions or replace the role of your healthcare providers. While our platform, content, and communications cover various health-related topics, we cannot guarantee the absolute accuracy, currency, or flawlessness of every article. Even if a statement we provide is accurate, it may not necessarily apply to your unique circumstances or symptoms. Our Services are not meant to substitute for a comprehensive fertility diagnosis. Instead, Fertiscore is intended to serve as informative indicators of your reproductive health.
It's essential to understand that neither Fertiscore nor any of its affiliates can be held accountable for the outcomes or ramifications of any attempt to utilise or implement the information provided through our Services. Utilisation of the Services is entirely voluntary and at your own risk.
Our Services aim to assist users in gaining a deeper understanding of their reproductive health and achieving related objectives, such as monitoring reproductive health, symptoms and/or conceiving. Fertiscore's proprietary health algorithms analyse user data to provide tailored content. It's important to note that while our Services are educational, they do not guarantee the achievement of any specific reproductive health goals.
To provide services under the agreement, we do not need to collect information about you. Under data protection law, we serve as the "data controller" of your personal information and also operate as a ‘data processor’. For more information on how we utilize your personal information, please refer to our Privacy Policy.
By entering into the agreement, you grant us permission to collect, process, and store your personal information for the purpose of providing our services to you. This decision does not affect any rights or obligations you or we have under data protection law.
You can withdraw your consent by closing your account, which will terminate the agreement between you and us. If you choose to do so, we will discontinue the use of your information for providing our services, although we may need to retain your information for other legal reasons.
Our Predictive Algorithm
Our service is a predictive algorithm developed from our clinical expertise, designed to assess various factors such as your medical history, lifestyle, treatments, and more, to evaluate their impact on fertility. The score provided is indicative of a population rather than an individual; for instance, a 50% fertility score implies that roughly 50 out of 100 women may conceive if they attempt to do so. It's important to note that fertility is multifaceted and influenced by numerous factors, including your partner's health. Our objectives encompass informing you about fertility-influencing factors, encouraging proactive measures to safeguard, maintain, and enhance fertility, and identifying major risk factors. It's worth emphasizing that individuals with a low Fertiscore can conceive, while those with a high score may encounter challenges. Nonetheless, as we gather more data, we anticipate enhancing the accuracy of our predictions.
Price and Payments
Costs associated with using the Service will vary depending on the type of Service you select. We'll provide you with a transparent breakdown of the total expenses before any charges are incurred, and you'll be accountable for all charges thereafter.
Accounts
When account creation will be offered on Fertiscore the following terms will apply:
Account Creation:: To access certain features of the Site, you'll need to create an account ("Account") and provide necessary information as requested in the registration form. By registering, you affirm that: (a) all details provided are truthful and accurate; (b) you'll ensure the information remains up-to-date. You reserve the right to delete your Account at any time, using the instructions available on the Site. The Company retains the authority to suspend or terminate your Account as outlined in Section 8.
Account Responsibilities: Safeguarding the confidentiality of your Account login details is your responsibility, and you are liable for all activities conducted under your Account. Promptly inform the Company of any unauthorized or suspected unauthorized use of your Account or any security breaches. The Company disclaims any liability for losses or damages resulting from your failure to adhere to these requirements.
Access to the Site
Licence: The Company grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site solely for your personal, non-commercial use, subject to these Terms.
Certain Restrictions: Your rights under these Terms are subject to certain restrictions: (a) you may not commercially exploit, sell, distribute, or modify the Site or any content therein; (b) you may not reverse engineer or modify any part of the Site; (c) you may not use the Site to create a similar service; and (d) you may not copy, reproduce, or transmit any part of the Site without explicit permission. Any future updates to the Site are also subject to these Terms. All copyright notices must be retained on all copies.
Modification: The Company reserves the right to modify, suspend, or discontinue the Site at any time, with or without notice. You agree that the Company shall not be liable for any such modifications or discontinuations.
No Support or Maintenance: The Company is not obligated to provide any support or maintenance for the Site.
Ownership: You acknowledge that all intellectual property rights in the Site and its content belong to the Company or its suppliers. These Terms do not transfer any ownership rights to you, except for the limited license granted in Section 2.1. The Company reserves all rights not explicitly granted herein.
User Content
Content: "User Content" refers to any information or content that a user submits or uses with the Site, such as profile information, postings, and responses to questionnaires. You are solely responsible for your User Content and any risks associated with its use. You represent and warrant that your User Content complies with our Acceptable Use Policy (defined in Section 3.3). The Company is not obligated to back up any User Content and may delete it from the Site without notice.
Licence to Use : By submitting User Content, you grant the Company an irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, display, and perform your User Content for the purposes of including it on the Site. You waive any moral rights or attribution claims with respect to your User Content.
Acceptable Use Policy: Our Acceptable Use Policy prohibits the following:
Using the Site to distribute User Content that violates any third-party rights or is unlawful, harassing, abusive, defamatory, false, or harmful.
Uploading viruses or unsolicited advertising.
Harvesting information about other users without their consent.
Interfering with the Site's operation or other users' enjoyment.
Using automated scripts or agents to generate multiple accounts or access the Site.
These terms aim to ensure responsible and respectful use of the Site by all users.
Enforcement: We retain the right, though not the obligation, to review User Content and take appropriate action if you violate the Acceptable Use Policy or any provision of these Terms. This action may include modifying or removing your User Content, terminating your Account as outlined in Section 8, and reporting violations to law enforcement authorities.
Feedback: If you offer the Company any feedback or suggestions about the Site ("Feedback"), you grant the Company all rights to such Feedback and agree that the Company may use it as deemed suitable. We consider any Feedback provided to us as non-confidential and non-proprietary. You agree not to submit confidential or proprietary information or ideas to the Company.
Other Service Providers
Other Users: Each user of the Site is accountable for their own User Content. As we do not regulate User Content, you acknowledge that we are not liable for any User Content, whether provided by you or others. We do not guarantee the accuracy, currency, suitability, or quality of any User Content. Interactions between you and other Site users are your responsibility. The Company disclaims any liability for any losses or damages resulting from such interactions. We are not obligated to intervene in disputes between you and other Site users.
Third-Party Links & Ad: The Site may feature links to third-party websites and services, as well as display advertisements for third parties ("Third-Party Links & Ads"). These links and ads are not managed by the Company, and we assume no responsibility for them. We provide access to these Third-Party Links & Ads solely for your convenience and do not endorse, monitor, or warrant them. Your use of Third-Party Links & Ads is at your own risk, and you should exercise caution and discretion. By clicking on any Third-Party Links & Ads, you agree to abide by the applicable third party's terms and policies, including their privacy and data collection practices. We recommend conducting appropriate investigations before engaging in any transactions related to Third-Party Links & Ads.
Release: By using the Site, you release and discharge the Company and its employees and advisors from any and all disputes, claims, controversies, demands, liabilities, actions, and causes of action arising directly or indirectly from the Site. This release encompasses past, present, and future matters, including interactions with other Site users or Third-Party Links & Ads, subject to applicable law.
Limitation on Liability
To the fullest extent permitted by law and subject to the final paragraph of this Section 7, neither the Company nor our suppliers shall be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or related to these Terms or your use of, or inability to use, the Site, even if the Company has been advised of the possibility of such damages. Your access to and use of the Site, as well as any content provided in connection with the Site, such as the reports provided to you, is at your sole discretion and risk. You will be solely responsible for any damage to your device or computer system, or loss of data resulting from such use.
To the maximum extent permitted by law and subject to the final paragraph of this Section 7, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action) will at all times be limited to a maximum of fifty pounds sterling (GBP 50). This limitation of liability applies even in the case of multiple claims. You acknowledge and agree that our suppliers shall have no liability of any kind arising from or related to these Terms.
The limitations of liability set forth in this Section 7 shall apply to the fullest extent permitted by law. However, the Company does not exclude liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which may not be excluded by law.
Term and Termination
These Terms shall remain in full force and effect for the duration of your use of the Site, subject to the conditions outlined in this section. We reserve the right to suspend or terminate your access to the Site, including your Account, at our sole discretion and for any reason, including if you violate these Terms. Upon termination of your rights under these Terms, your Account and access to the Site will be immediately terminated. Please note that termination of your Account may result in the deletion of your associated User Content from our live databases. The Company holds no liability to you for any termination of your rights under these Terms, including Account termination or User Content deletion. Notwithstanding termination, certain provisions of these Terms shall remain in effect regarding our liability.
MIcellaneous
Changes: These Terms may undergo occasional revisions. While we may not always notify you of every change, any substantial modifications will be communicated via email to the address you provided or prominently displayed on our Site. Your continued use of our Site after such changes constitutes acceptance of the revised Terms.
Electronic Communications: Communications between you and Fertiscore occur electronically, whether through the Site, emails, or notifications. By using our Services, you consent to receive communications electronically, and acknowledge that such electronic communications satisfy legal requirements.
9.3 Entire Terms: These Terms constitute the entire agreement between you and Fertiscore regarding the use of the Site.
Waiver: Any waiver by Fertiscore of a right or remedy under these Terms must be in writing to be effective. Our failure to exercise any right or remedy shall not constitute a waiver of such right or remedy.
Headings and Interpretation: Section titles are for convenience only and do not affect the interpretation of these Terms. The term "including" means "including without limitation."
Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain valid and enforceable to the fullest extent permitted by law.
Relationship: Your relationship with Fertiscore is that of an independent contractor, and neither party is an agent or partner of the other.
Assignment: You may not assign these Terms without Fertiscore's prior written consent. Fertiscore may freely assign these Terms.
Governing Law and Jurisdiction: These Terms are governed by the laws of England and Wales, and any disputes will be exclusively resolved by the courts of England and Wales.
Copyright/Trademark Information: All rights reserved. Trademarks, logos, and service marks displayed on the Site are the property of Fertiscore or third parties and may not be used without prior written consent.
Contact Information: For any inquiries or notices regarding these Terms, please contact us at:Email: info@fertiscore.com
