OvuFriend Terms of Service

OvuFriend - our rules.

Before you become a User of OvuFriend portal and mobile app, we ask that you carefully read our Terms of Service and Privacy Policy, which define the rules of using our service. You are required to accept them during the registration process.

Please read these Terms of Use (“Terms”) carefully, they constitute a legally binding contract. By (i) having created a user account with OvuFriend; (ii) using of the OvuFriend App; or (iii) accessing OvuFriend.com, you have agreed to be bound by these Terms. YOU SHOULD BE AWARE THAT OVUFRIEND IS NOT A PROVIDER OF MEDICAL ADVICE. BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY, PLEASE CONSULT WITH A PROFESSIONAL. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROVIDER IMMEDIATELY.

For the Users who use publicly available resources of OvuFriend service, without registration, using the service is equal to acceptance of the Terms of Service and Privacy Policy, in the scope which concerns this form of using of the OvuFriend app or accessing OvuFriend.com.

General rules

• §1
• These Terms of Service define the rules of using the OvuFriend app (App) and OvuFriend.com website (Website) and constitute the regulations of providing service by electronic means within the meaning of the Act on Providing Services by Electronic Means (Journal of Laws 2002, No 144, item 1204).
• §2
• The service is designed to provide users (Users), interested in fertility, pregnancy and medical information of a counselling, scientific and popular nature (Knowledge Base), tools for observing and analyzing the menstrual cycle and publishing the results of the analysis on the service community, as well as using tools for generating dietary recommendations and recipes for smoothies (Tools). There are also social and community features available, in the form of a ranking of doctors with a system of evaluations issued by users, blogs with a system of comments and a discussion forum for posting statements on issues related to health, fertility and pregnancy (Community Services).
• §3
• The owner and operator of the Service is OvuFriend Sp. z o.o., ul. Złota 61, 00-819 Warsaw, entered into the Register of Entrepreneurs of the National Court Register under number: 0000428408, NIP: 527-268-08-62 (Administrator).
• §4
• Use of the Services requires access to the Internet and use of a web browser with Flash and JavaScript support, mobile device and may also require acceptance of cookies.
• §5
• Use of the Services requires registration of the User (Registration). Some elements of the Services, including the possibility of browsing the Knowledge Base or parts of it, as well as some users generated content posted on the Services by Users (while maintaining their privacy preferences), are available to all Internet users. In such a case, the actual use of the Services by a User who has not registered, in this limited scope, is equivalent to acceptance of these Terms of Service and Privacy Policy.
• §6
• The use of selected parts of the Services is free of charge (Basic Services). Access to advanced functionalities of the Services is paid for (Premium Services), and the list of all services, the amount of fees and payment methods is specified in the price list of services (Price List) available at https://ovufriend.com/subscription-plans.html Settlements of recurring transactions by credit card and e-transfer are carried out through Paypal. The Administrator may periodically make available to selected Users free of charge functionalities of the Services, which as a rule are Premium Services.
• §7
• The price list is an integral part of the Terms of service. If the user fails to make payment for Premium services or there is a delay in payment, this will result in the exclusion of functionalities available in the Premium package until the required fee is paid. The Administrator reserves the right to change the Pricelist, including in particular the scope of paid services and the amount of fees. The changed Pricelist will be made available each time at https://ovufriend.com/subscription-plans.html, and information about the change in the Pricelist will be sent to registered Users who use paid Premium service (to their e-mail address indicated during Registration).

User registration

• §1
• The User may have only one profile in OvuFriend. Multiple registration in OvuFriend of the same User is not allowed and constitutes a violation of the Terms of Service.
• §2
• In order to register, the User fills in the registration form by providing his/her e-mail address and password, and accepts these Terms of Service and the Privacy Policy, and then activates his/her account in OvuFriend through a link sent by the Administrator to the e-mail address provided by the User. The e-mail address given by the User for the purposes of Registration should be anonymous, i.e. it does not allow to determine the identity of the User by fulfilling at least the following conditions: (i) the User's name does not allow to determine the name and surname, (ii) address in a popular commercial domain (yahoo.com, gmail.com etc.).
• §3
• After registration, the User gains access to the full functionality of OvuFriend, in the Basic Service or Premium Service option chosen by her.
• §4
• As a result of registration, a profile is created for the User, including information about the User, which can be easily changed, deleted and decided to make it available. The User may also use the option to include an avatar or image in his/her profile. During the first active use (e.g. adding posts, comments) of the Community (Forum or Blogs), the User is obliged to create his/her nickname.
• §5
• The User declares that her nickname and basic information will not contain her name and lastname, nor any information allowing the identification of her identity by other Users or persons using publicly available resources of the Services. The principles of protecting the privacy of Users and personal data protection are set out in the Privacy Policy.
• §6
• By making the Registration, the User declares that:
  • has read and accepted, without exception, the content of the Terms of Service and Privacy Policy;
  • agrees to publish his/her nickname and entries placed in the Blogs and Forum in OvuFriend, including their storage in the Service after the User resigns from using the Service, unless he/she explicitly wishes to delete them in whole or in part;
  • each time after generating a chart of her/his menstrual cycle together with an analysis together with an analysis, she/he will decide to publish them anonymously in the OvuFriend Community for the purpose of use by other Users for educational and review purposes; once she/he agrees to make the aforementioned content public, she/he will also agree to publish it after resignation from using the Service.
  • agrees to the Administrator's processing of her/his personal data, now and in the future, provided that they will be collected by the Administrator in order to provide services available within the Service, to the extent necessary for the Administrator to achieve this goal;
  • agrees to receive advertising communication from the Administrator to the email address provided during registration, unless she/he expressly stipulates at any time that she/he does not wish to receive such communication (communication of an advertising nature shall be considered as any commercial information concerning goods or services offered by entities other than the Administrator and not related to the Services).

Use of services

• §1
• The User may not perform activities of an advertising, promotional, commercial or professional nature with the use of the OvuFriend app or of OvuFriend.com website, including in particular the Community Services; in particular, it is not permitted to place advertisements, information of a promotional nature. However, it is permissible for the User to refer, within the framework of using the OvuFriend community, to personal experience, including the use of products or services available on the market. Violation of this provision may result in limiting or blocking the User's access to the Service, or some of its functionalities, by the Administrator.
• §2
• In the case of using Premium Service by the User, their cost shall be automatically renewed every month, entitling to an unlimited number of service provided in a given period, or entitling to a specific number of one-off services without time limit. The User may demand a refund of the amount paid for the first 30 days of using the Service. Then, possible resignation from using the Premium Service by the User, changing the Pricelist or offering some Premium Services free of charge by the Administrator does not entail the User's right to demand a refund.
• §3
• A User may at any time modify the content or delete her account on the Websites and in the mobile app by making appropriate changes on her own or by submitting an order to remove the account to the Administrator via the contact form available on the Websites.
• §4
• The Administrator may at any time remove the profile of a User who has not used the Service at least once, logging into his account, within the last 24 months.
• §5
• Users may post and comment on the Service, as part of the Community Services and other functionalities made available by the Administrator, in particular as part of the personal Blog and discussion Forum. Users may also post ratings and comments in the doctors' database („Ranking of doctors”). The Users are solely responsible for their statements and posted content. The Administrator ensures the possibility of reporting abuses in connection with the publication by the User of illegal content, regulations or good manners, and in justified cases the Administrator may remove such content from OvuFriend.
• §6
• Users are obliged to refrain from publishing in the Service any content violating the law, provisions of the Rules and Regulations or good manners, including in particular statements violating personal rights of other Users or third parties - this also applies to the Healthcare Provider Finder ratings.
• §7
• If in the opinion of the User, a statement of another User (posts, comments, link to the content on the Internet) violates the law, provisions of the Regulations or good manners, the User has the right to notify the Administrator of such a case by means of a correspondence form placed in the OvuFriend app or on the OvuFriend.com website.
• §8
• It is forbidden to publish or distribute with the help of the Service any content that is illegal, violates generally accepted moral norms, is offensive to other Users or third parties, to publish materials that violate intellectual property rights of other entities, to take actions to interfere with the operation of the Service, to publish in the Service personal data of other Users or third parties.
• §9
• It is forbidden for the Users to use the data, charts, and analyses generated within the use of OvuFriend tools (especially the contents placed in the Charts Gallery, Charts on the Board, Test Gallery and other OvuFriend Community part) in any way and for any purposes (commercial or non-commercial), including in particular copying and publishing them outside the OvuFriend. Users may generate and publish them outside the Services:
  • direct links (links) to relevant content on the Services concerning you, including the data, charts and analyses created in connection with your use of the Tool, so that they are accessible to third parties;
  • prints of own charts in the form of pdf files or graphic files, generated within the functionalities of the Services; the User cannot modify the content and graphic layout of the prints, including in particular the designation of their origin (”watermark”, link to OvuFriend.pl or BellyBestFriend.pl).
• §10
• It is forbidden for the Users to use non-user data, charts and analyses generated within the use of the OvuFriend tools (e.g. Chart Gallery, Charts on the Board, Test Gallery) in any way and for any purposes (commercial or non-commercial), including in particular copying and publishing them outside the Service. Users may place, outside the Service, direct links (links) to the relevant content published on the Service, including the aforementioned data, charts and analyses created in connection with the use of the Tool, so that they are accessible to third parties, without making a Registration.
• §11
• The Administrator is fully entitled to intellectual property rights to the Service, including in particular to their graphic elements, layout of websites or mobile app and individual applications, names of the Service, Internet domains, content published in the Service by the Administrator, as well as to technical solutions of the Service, including their concept of operation, functionality, databases, computer programs and technical documentation. The use of the Service by the User is not connected with the transfer of any intellectual property rights or granting a licence to use them by the User to the extent not directly resulting from these Terms of Service.

Administrator's responsibility excluded

• §1
• The administrator reserves that:
  • services provided under the Service, including access to Tools and Knowledge Base, do not constitute medical advice and cannot be a substitute for the User's medical and dietary consultations and submission to examinations or treatments, according to the User's health condition and needs;
  • although Administrator makes every effort to ensure that the content published in the Knowledge Base is of the highest quality, the Administrator shall not be liable for its accuracy and compliance with the current state of medical science, and the User should seek specialist medical advice before taking any decisions which may affect her health, fertility and its pregnancy;
  • dietary recommendations and recipes for smoothies cannot replace professional dietary advice and medical consultation.
  • advanced tools from the OvuFriend.com website or the OvuFriend application provide assistance in the analysis of the menstrual cycle and respecting the rules of healthy nutrition for the Users trying to get pregnant (however, using the tools does not guarantee getting pregnant or avoiding pregnancy). The OvuFriend's tools are not intended to be used as a support for natural methods of contraception, their use for determining the low probability of pregnancy on certain days of the menstrual cycle does not constitute a contraception method proposed or recommended by the Administrator;
  • the User's statements posted within the OvuFriend community refer exclusively to the Users' personal experience, do not constitute medical advice, do not represent the Administrator's position in any matter, nor can they replace the User's use of medical consultations, tests or therapies; the Administrator does not guarantee the accuracy or reliability of the information posted by the Users within the OvuFriend community.
• §2
• Any liability of the Administrator for any damage that the User may suffer is excluded:
  • in connection with own use of the Service including the OvuFriend mobile application and the OvuFriend.com website in a manner inconsistent with the Terms of Service or the law, in particular in connection with sharing information allowing for identification of the User's identity by third parties;
  • in connection with illegal or incompatible with the Terms of Service activity of third parties (including other Users), including in particular the possession of data used to access the User's account on the Service;
  • in connection with temporary or permanent blocking of access to the Service, or their part, or removal of User's account, both for reasons attributable to the User (violation of the Terms of Service, lack of payment for Premium Services), as well as for reasons attributable to the Administrator or third parties (breakdown of the Service, cessation of activity);
  • the effects of Users' actions taken on the basis of information obtained from the Service, or in connection with using the services of the OvuFriend app or the OvuFriend.com website;
  • is possible damages in connection with the content placed by other Users.
• §3
• The Administrator reserves the right to:
  • changes in the scope of Basic Services and Premium Services, however, in the case of the last category of services only changes that do not lead to a significant limitation of the scope or standard of services provided under the Services (in particular, it is permissible to replace the functionality with other ones);
  • extending their scope or increasing the value of the provided services;
  • the periodic shutdown of the Service without prior notice are allowed;
  • removal or temporary blocking of User's access to use the Services in case of violation of the Terms of Service or legal regulations;
  • removal of User's posts or comments within the OvuFriend Community, if their placement would constitute a violation (or lead to such violation) of third parties' rights, including in particular their privacy, good name or other personal rights, good manners or legal regulations;
  • transfer of rights and obligations related to providing services electronically within the Services to another entity.

Final regulations

• §1
• These Terms of Service in their entirety, or any of their regulations, may be revised by the Administrator at any time. Changes to the Terms of Service require making the new version of the Terms of Service available in the OvuFriend application and on the OvuFriend.com website and individually informing the User about the changes, by means of a message addressed to the e-mail address provided during Registration or in any other way within the use of the Services (e.g. a message displayed when logging in to the Service).
• §2
• In case of not accepting the new Terms of Service, the User is obliged to terminate the agreement with the Administrator by immediate removal of the Account. Not deleting the account will be read as consent to the currently binding Terms of Service.
• §3
• Any complaints about violations of the Regulations should be reported using the contact form available on the Services.
• §4
• Complaints about the operation of the Services should be submitted using the contact form available in the Services. Acceptance of the complaint for consideration will be confirmed by the Administrator within 24 hours from its submission, by e-mail to the address indicated by the User as part of Registration. Complaints will be considered by the Administrator within 30 days from the date of its confirmation.
• §5
• The rights and obligations of the Administrator and the User, in connection with using the Services, are governed by Polish law. All disputes connected with User's use of the Services shall be settled by a common court competent for the city of Warsaw.
• §6
• None of the provisions of these Terms of Service may be interpreted in a manner that would lead to a limitation of rights vested in consumers according to legal regulations.
• §7
• These Terms of Service shall enter into force on 12 January 2018.