Before you become a User of the MY OVU app, please read our Terms and Conditions and Privacy Policy carefully, as they set out the rules for using the App. Their acceptance is required during the Registration process.

1. GENERAL PROVISIONS

1.1. These Terms and Conditions set out the rules for using the MY OVU app and constitute the terms and conditions for the provision of electronic services within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text of 6 February 2020, Journal of Laws 2020, item 344, as amended).
1.2. The owner and operator of the app is MY OVU Spółka z ograniczoną odpowiedzialnością with its registered office in Dąbrowa Górnicza (41-300), Al. Tadeusza Kościuszki 3, entered in the Register of Entrepreneurs of the National Court Register by the District Court Katowice – Wschód in Katowice, 8th Commercial Division of the National Court Register under KRS number 0000911309, NIP 6342999145, REGON 389450173, with share capital of PLN 100,000.00

2. DEFINITIONS

2.1. The capitalized terms used in these Terms and Conditions have the following meanings:
2.1.1. App – the MY OVU app, which is a fertility monitoring tool. The App is used for wireless transmission and storage of overnight basal body temperature measurement data;
2.1.2. Account – a part of the App together with a set of IT solutions enabling logged-in Users to use the App;
2.1.3. Profile – a profile created by the Client in the App, enabling identification of the User;
2.1.4. Terms and Conditions – these terms and conditions;
2.1.5. Registration – the process enabling the creation of an Account in the App, the mandatory element of which is the acceptance of the Terms and Conditions. Without accepting the Terms and Conditions, it is not possible to complete Registration;
2.1.6. Operator – MY OVU Spółka z ograniczoną odpowiedzialnością with its registered office in Dąbrowa Górnicza (41-300), Al. Tadeusza Kościuszki 3, entered in the Register of Entrepreneurs of the National Court Register by the District Court Katowice – Wschód in Katowice, 8th Commercial Division of the National Court Register under KRS number 0000911309, NIP 6342999145, REGON 389450173, with share capital of PLN 100,000.00;
2.1.7. Thermometer – the MY OVU ovulation thermometer in the form of a flexible ring made of medical-grade silicone intended for automatic measurement of the basal body temperature reached during deep rest, being an over-the-counter medical device, manufactured by the Operator;
2.1.8. App Use Agreement – an agreement between the Operator and the User, concluded in the manner described in these Terms and Conditions, the subject of which is the provision of the Service to the User by the Operator;
2.1.9. Services – services provided to the User by the Operator in connection with the functioning of the App;
2.1.10. User – a natural person who has created an Account in the App in order to use the Service.

3. MEDICAL SERVICE DISCLAIMERS

3.1. THE PURPOSE OF THE APP AND THE THERMOMETER IS TO SUPPORT WOMEN IN OBSERVING THEIR MENSTRUAL CYCLE. NEITHER THE APP NOR THE THERMOMETER IS INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSIS, TREATMENT OR THERAPY OF ANY CONDITIONS, NOR TO SERVE AS A METHOD OF PREGNANCY PREVENTION OR CONTRACEPTION. BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT THE HEALTH AND SAFETY OF YOU, YOUR FAMILY OR THE FETUS, YOU SHOULD CONSULT A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION OBTAINED WHILE USING THE APP. ALWAYS CONSULT YOUR DOCTOR IF YOU HAVE ANY QUESTIONS OR DOUBTS ABOUT YOUR HEALTH OR IF YOU NOTICE ANY CHANGES IN YOUR HEALTH. IN SITUATIONS REQUIRING IMMEDIATE MEDICAL ATTENTION, CALL EMERGENCY SERVICES IMMEDIATELY OR GO TO THE NEAREST OPEN EMERGENCY DEPARTMENT.
3.2. THE APP AND THE THERMOMETER ARE ONLY A METHOD OF OBSERVING THE MENSTRUAL CYCLE WITH PREDICTIONS BASED ON AN APPROPRIATE ALGORITHM. THE OPERATOR IS NOT RESPONSIBLE FOR THE USER’S PREGNANCY OR LACK THEREOF. IMPROPER USE OF THE APP MAY RESULT IN IT PROVIDING INCORRECT DATA, IN PARTICULAR IF INCORRECT INPUT DATA ARE ENTERED INTO IT OR IF AN ERRONEOUS MEASUREMENT IS TAKEN USING THE THERMOMETER.

4. TECHNICAL CONDITIONS FOR THE APP’S OPERATION

4.1. Using the App requires a mobile device with a current Android or iOS system. The User is responsible, at their own expense and risk, for ensuring the mobile device meets technical requirements, its configuration, software updates, and Internet access in order to download the App. The costs of purchasing a mobile device and the costs of connecting to the Internet are borne entirely by the User.

5. RULES FOR USING THE APP

5.1. To start using the App, download it to a mobile device from the App Store or Google Play. Both downloading and using the App are free of charge.
5.2. The App can operate independently or in conjunction with the Thermometer.
5.3. To use the App, you must complete Registration to create an Account. Registration can be completed in three ways: by providing an email address, via a Google account, or Apple ID. As part of Registration, the User provides a chosen username and password. After entering the data, the User will receive a login confirmation code to the email address provided, which must be entered in the App.
5.4. As part of Registration, the User will be asked to complete the Profile by answering a few questions. Providing answers is voluntary.
5.5. By completing Registration, the User:
5.5.1. declares that they have read and accept the contents of these Terms and Conditions and the Privacy Policy, which can be found at the following link: [https://my-ovu.com/pl/polityka_prywatnosci];
5.5.2. consents to the Operator processing her personal data, now and in the future, if collected by the Operator for the purpose of providing the Services available within the App, to the extent necessary for the Operator to achieve this purpose.

6. APP USE AGREEMENT. WITHDRAWAL AND TERMINATION

6.1. The Operator grants Users access to the App to use its functionalities. The App Use Agreement is concluded between the Operator and the User at the moment the User accepts these Terms and Conditions during the Registration process.
6.2. The Operator does not charge Users any fees for using the App.
6.3. The User gains access to the App after successful Registration and logging into the created Account.
6.4. In order to enable the User to use the App, the Operator grants Users a free, non-exclusive, non-assignable, non-transferable license, granted for the duration of the App’s use, limited to the territory of the Republic of Poland taking into account the extraterritorial nature of the Internet, to use the App (the “License”). The License entitles Users only to reproduce the App by installing it on a mobile device for the purpose of using it in accordance with its intended use and the functionality specified in the Terms and Conditions. Users are not granted any other rights, including intellectual property rights, other than those expressly indicated in the Terms and Conditions; in particular, Users are not entitled to use the App’s source code in any way. Users acknowledge that a breach of this section may result in infringement of the Operator’s economic copyrights to the App and may result in the User being held legally liable on that account.
6.5. All graphic elements, technical solutions, texts, software, databases, and other materials placed and made available in the App, as well as the manner of their presentation (layout), are legally protected.
6.6. The User may withdraw from the App Use Agreement within 15 days of its conclusion without giving any reason. Withdrawal requires a documentary form and is effected by the User sending a withdrawal statement to the Operator (i) by email to: [office@my-ovu.com] or (ii) by post to the Operator’s correspondence address. A template withdrawal statement is attached as Annex No. 1 to the Terms and Conditions.
6.7. The User may terminate the App Use Agreement without stating reasons, with 30 days’ notice. Termination requires a documentary form and is effected by the User sending a termination notice by email to the following Operator’s email address: [office@my-ovu.com].
6.8. In the case referred to in section 7.5 below, the Operator is entitled to terminate the App Use Agreement with the User with immediate effect. Termination in this mode requires a documentary form and is effected by the Operator sending a termination notice to the User at the email address assigned to the User’s Account in the App.

7. USER DATA. USER OBLIGATIONS

7.1. During Registration, the data required to create an Account and use the App are indicated and marked.
7.2. All data and information are provided by the User voluntarily.
7.3. By providing a single email address, the User may create only one Account. If several Accounts are created using the same email address, the Operator has the right to block the remaining Accounts.
7.4. The User undertakes to:
7.4.1. comply with these Terms and Conditions;
7.4.2. enter into the App only data they are authorized to enter, in a manner that does not infringe third-party rights;
7.4.3. not provide unlawful content in the App;
7.4.4. use the App only in a manner consistent with its intended purpose, respecting good practices and principles of social coexistence;
7.4.5. comply with the prohibition on copying, modifying, distributing, or reproducing all or part of the App in ways other than permitted by the License;
7.4.6. not modify the App, not perform reverse engineering of the App, not decompile or disassemble the App;
7.4.7. not copy, adapt, alter, modify, translate the App, or create derivative works based on the App without the Operator’s written authorization;
7.4.8. not circumvent or block any functions or technical measures in the App that protect intellectual property rights;
7.4.9. not use the App with the intent of using, or in connection with the use of, devices, programs, or services that circumvent technical protections controlling access to or protecting rights to content and other works protected by copyright, regardless of jurisdiction;
7.4.10. not use or run the App to compile data in a manner used or usable by a competing product or service;
7.4.11. not create more than one Account;
7.4.12. not share access to the Account or Profile with third parties (the User is solely responsible for the confidentiality and security of the Account and Profile, including keeping login data secret);
7.4.13. promptly inform the Operator of any unlawful use of the Account by third parties;
7.4.14. promptly inform the Operator if third parties assert claims against the User in connection with a breach of law by the User in connection with the use of the App;
7.5. In the event of a breach by Users of the obligations referred to in section 7.4 above, the Operator is entitled to: (i) temporarily block the User’s Account; (ii) permanently delete the User’s Account; (iii) terminate the App Use Agreement with immediate effect, at the Operator’s discretion.
7.6. The User is responsible for their actions related to the use of the App and for the content posted in their Account, Profile, and in the App.
7.7. Particular risks associated with the User’s use of the App include disclosing login data to unauthorized persons, who may intentionally change the configuration of the Account or Profile. The User is responsible for taking all reasonable steps to secure the Account so that no unauthorized person has access to the User’s passwords or Account in the App. The User bears sole responsibility for: (I) supervising the dissemination and use of login data, username, and passwords; (II) authorizing, monitoring, and controlling access to the User’s Account and password in the App and the use of the User’s Account and password in the App; (III) promptly informing the Operator if the User believes their Account or password has been compromised, or if there is any other reason the User needs to deactivate the password. The User acknowledges and agrees that the App and Account are designed and intended for individual personal use and that the User’s Account and/or password should not be shared with others.

8. OPERATOR’S RIGHTS AND LIABILITY

8.1. The Operator stipulates that:
8.1.1. The Service provided via the App does not constitute medical advice and cannot replace the User seeking medical consultations and undergoing examinations or therapy, as appropriate to the User’s health and needs;
8.1.2. the tools offered within the App assist in analyzing Users’ menstrual cycles; however, using the App does not guarantee either achieving pregnancy or preventing pregnancy;
8.1.3. The App may be used as support in natural contraception methods, their use for determining a low probability of pregnancy on certain days of the menstrual cycle, however the App itself does not constitute a contraceptive method and does not guarantee avoidance of pregnancy.
8.2. The Operator is not liable for:
8.2.1. the authenticity, reliability, accuracy, and completeness of data and information posted in the App by Users;
8.2.2. damage caused by Users through infringement of third-party rights;
8.2.3. damage caused by third parties for whom the Operator is not responsible;
8.2.4. damage suffered by Users in connection with blocking or removing an Account from the App due to the User’s breach of the Terms and Conditions or generally applicable laws;
8.2.5. damage caused by using the App in a manner inconsistent with its intended purpose, the Terms and Conditions, or the law, including in particular in connection with the User disclosing information enabling third parties to identify their identity;
8.2.6. damage arising where the User provides their password or Account to third parties.
8.3. The Operator is entitled to partially or completely disable the App in order to carry out repairs or upgrades.
8.4. The Operator, in accordance with Article 14 of the Act of 18 July 2002 on the provision of services by electronic means:
8.4.1. is not liable for stored data if unaware of the unlawful nature of the data or related activity, and upon receiving an official notice or obtaining reliable information about the unlawful nature of the data or related activity, will promptly prevent access to such data;
8.4.2. if it receives an official notice regarding the unlawful nature of stored data provided by a User and prevents access to such data, is not liable to the User for damage resulting from preventing access to such data;
8.4.3. if it obtains reliable information about the unlawful nature of stored data provided by a User and prevents access to such data, is not liable to that User for damage resulting from preventing access to such data, provided it promptly notifies the User of its intention to prevent access to them.

9. COMPLAINTS REGARDING APP MALFUNCTION

9.1. Users may submit complaints regarding the App’s malfunction by duly notifying the Operator.
9.2. Complaints regarding the operation of the App should be submitted by email to: [office@my-ovu.com]
9.3. The Operator reserves the right to request information or explanations from the complainant if required to consider the complaint.
9.4. The complaint will be considered within 14 days from the date of its receipt.
9.5. The response to the complaint will be sent to the email address assigned to the given User’s Account or to the residential address indicated in a complaint submitted in writing.

10. FINAL PROVISIONS

10.1. The Operator reserves the right to amend the Terms and Conditions at any time.
10.2. Amendments will be published as a consolidated text together with information about the amendments on the following website: [https://my-ovu.com/pl/regulamin]
10.3. The Operator will notify the User of amendments to the Terms and Conditions via an email sent to the email address associated with the User’s Account.
10.4. The User may refuse to accept the amendments to the Terms and Conditions and, in such a case, has the right to request deletion of the Account by submitting an appropriate statement in writing or in documentary form, within 15 days from the date of notification of the amendment to the Terms and Conditions. If no such request is made, it is assumed that the User has accepted the amendments without reservation.

ANNEX NO. 1 TO THE TERMS AND CONDITIONS OF THE MYOVU APP

Template withdrawal statement from the App Use Agreement