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FetoLife’s terms and conditions

Last updated: November 09, 2020
Please read these terms and conditions carefully before using Our Service.

Welcome to FetoLife

Welcome to FetoLife or to the FetoLife App! These Terms and Conditions are entered by and between you and FetoLife Science GmbH, an Austrian corporation formed under the laws of Austria with domicile in Vienna, Austria, and its subsidiaries and affiliates (collectively, FetoLife). These Terms and Conditions govern your use of the website located at www.fetolife.com, and all associated sites, mobile applications or services linked thereto or otherwise provided by FetoLife.

FetoLife directly and through its digital properties, including but not limited to, www.fetolife.com, member and employer facing websites and mobile applications, and other digital services, provides a wide range of services and functionalities in the area of pregnancy health through its mobile applications and other digital and non-digital services.

The Privacy Policy (www.fetolife.com/privacy) is incorporated by reference into these Terms, and these Terms and the Privacy Policy together are hereinafter referred to as this “Agreement.”

PLEASE NOTE THAT THE FETOLIFE MOBILE APP DOES NOT MAKE ANY MEDICAL DIAGNOSES. PLEASE SEEK THE ADVICE OF A MEDICAL PROFESSIONAL IF YOU ARE CONCERNED ABOUT YOUR HEALTH. IN CASE OF AN EMERGENCY, YOU SHOULD CONTACT THE EMERGENCY SERVICES IMMEDIATELY. ALWAYS CONSULT YOUR DOCTOR OR ANOTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING ANY MEDICAL ISSUES. YOU SHOULD NEVER DISREGARD A DOCTOR’S PROFESSIONAL ADVICE OR CANCEL AN APPOINTMENT WITH A DOCTOR BECAUSE YOU ARE RELYING ON INFORMATION YOU HAVE READ OR HEARD IN THE FETOLIFE MOBILE APP.

1. The FetoLife mobile health app

1.1 What is FetoLife?

The FetoLife mobile health app enables you to prevent emergency cases during your pregnancy, empowers you to take care of yourself and your baby, and provides you with digital tools for increased safety during your pregnancy.

The FetoLife mobile health app leverages advanced analytics to combine an advanced pregnancy risk assessment, contextual health status survey, and continuous remote health tracking.

1.2 What does FetoLife cost?

We are committed to challenging the status quo in prenatal care by encouraging instant and insightful use of data by pregnant women. We operate at the intersection of science and technology, where physicians, data scientists, and engineers work side-by-side to reimagine prenatal care. We do all this by offering a free basic version of our solution to ensure access to quality, personalized health information, and care. However, we may offer a premium version that will not be free of charge in the future.

1.3 Does FetoLife provide medical advice?

No. Please be aware that we provide the FetoLife mobile health app solely for information purposes. It is not a medical consultation. The FetoLife mobile health app is not a suitable substitute for medical advice obtained from your doctor, general practitioner or other health service provider.

1.4 Does FetoLife provide diagnoses?

The FetoLife mobile health app does NOT provide diagnoses for medical conditions, nor does it prescribe how you are to treat any medical issues you may have. This can only be done by consulting a medical professional.

1.5 Who is responsible for my health?

Ultimately, if you do have any medical issues related to the information that you entered into the FetoLife mobile health app, you are responsible for whether or not you decide to consult a medical professional and/or seek medical advice.

2. Interpretation and Definitions

2.1 Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

2.2 Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: Austria

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to FetoLife Science GmbH (registered in the commercial register of the Vienna Commercial Court under FN 521323 b), Vorgartenstraße 217, 1020, Vienna.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Promotions refer to contests, sweepstakes or other promotions offered through the Service. Service refers to the FetoLife Website and the FetoLife mobile health app.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to FetoLife, accessible from www.fetolife.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

3. Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

4. Your Use of FetoLife’s Products/Services

4.1 In addition to the other provisions in these Terms and Conditions, this section defines certain regulations relating to the use of FetoLife’s products/services (hereinafter referred to as “Regulations”).

4.2 The following is a list of activities that are prohibited in the context of using FetoLife’s products/services. You are prohibited to:

a) Circumvent, disable, or otherwise manipulate any of FetoLife’s products/services’ security features or any features preventing or restricting the use or copying of the content that is available via FetoLife’s products/services,

b) Create multiple User Accounts within FetoLife’s products/services (however, as far as FetoLife’s products/services functionality allows it, you may link your social networks or other accounts supported by us with the User account on FetoLife’s products/services),

c) Provide false or misleading information in the User Account details,

d) Allow anyone else to use FetoLife’s products/services on your behalf or in your place,

e) Use FetoLife’s products/services if we have temporarily suspended your right of use, or forbidden you to continue using it,

f) Send junk mail, spam or repeated messages,

g) Act in any unlawful or illegal manner,

h) Modify, interfere with, hack or disrupt FetoLife’s products/services, or to intercept messages,

i) Misuse FetoLife’s products/services or to infiltrate it with viruses, trojans, worms, logic bombs or anything else that might harm the FetoLife mobile health app or any other user of FetoLife’s products/services equipment,

j) Extract data from FetoLife’s products/services except as permitted under these Terms and Conditions,

k) Post or contribute any abusive, threatening, obscene, misleading, untruthful, or offensive content, or content that contains any form of nudity or violence, and

l) Enter information or comments about any third-party without the consent of the third-party concerned.

4.3 The non-compliance with the Regulations listed in paragraph 7.2 represents a material breach of these Terms and Conditions, and may result in us, at our sole discretion, initiating the following measures – either individually or in combination:

a) The immediate, temporary suspension or permanent withdrawal of the right to access FetoLife’s products/services,

b) A warning being sent to you,

c)Initiation of legal proceedings against you, including a claim for reimbursement of any costs and expenses incurred due to the breach of agreement (including reasonable administrative costs and legal fees), and moreover

d) Disclosure of information to the law enforcement authorities, if and to the extent permitted by law and deemed by us to be necessary.

4.4 The reaction to a breach of agreement committed by you is not limited to the actions described in the preceding paragraph 7.3, i.e. we are entitled to take any further action in accordance with these Terms and Conditions and/or statutory law.

5. Creating a User account

5.1 Before using the FetoLife mobile health app, you will first need an Apple ID or a Google account. You can then download the FetoLife mobile health app from the Apple App Store or Google Play Store (hereinafter referred to, either individually or collectively, as “App Store”) to your smartphone.

5.2 After downloading the FetoLife mobile health app you can register with FetoLife by setting up a User account with a username and password (hereinafter referred to as “User Account”). Registration constitutes a binding offer of the User to be bound by these Terms and Conditions. We may (but are not obliged to) accept this offer by enabling access to the FetoLife mobile health app for the first time via the User Account. We will send you confirmation of registration electronically. By using, accessing or otherwise utilizing the FetoLife mobile health app even if you do not set up a user account, you accept, acknowledge and avail yourself to these Terms and Conditions.

5.3 We will save the contractual text of the agreed Terms and Conditions. Beyond this, we do not assume any obligation with regard to the availability of the agreed terms to the User.

5.4 We advise our Users to only use ‘strong’ passwords for their User Account (strong passwords are passwords consisting of a combination of numbers, both upper and lower case letters, and symbols). When you register your User Account or provide us with other information, you are also declaring that the information provided to us is correct and complete. In the event of any change in the information later on, you declare that you will promptly notify us of such changes by updating the information.

5.5 It may be possible to login to the FetoLife mobile health app via an account you hold with a third-party service provider (such as Apple). If you connect to the FetoLife mobile health app through such a third-party service provider, you also grant us access to the use of certain information you have provided to that service provider (e.g. name, date of birth, email address, phone number), if and to the extent permitted by that service provider’s terms and conditions and our Privacy Policy.

5.6 You are responsible for maintaining the confidentiality of your login information and any activity in your User Account. Should you have the suspicion that your User Account may have been misused, you agree to inform us of this immediately by emailing legal@fetolife.com.

6. Data Ownership and Privacy

6.1 Protecting your privacy and any data relating to you (hereinafter referred to as “Personal Data”) is immensely important to us. For that reason, any of your Personal Data generated by the use of FetoLife’s products/services will only be collected, stored and processed by us in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016 (“GDPR”). Please read our Privacy Policy to understand how, and for what purposes, we collect and use your information to provide you with the best possible service.

6.2 You hereby grant us the perpetual, worldwide, transferable, and sublicensable right to use data, which we have anonymized in line with applicable data protection law, in any manner, whether currently known or unknown. You acknowledge and accept that we own all right, title and interest in and to any data derived by us from such anonymized data.

7. Your Right to Use FetoLife’s Products/Services

7.1 FetoLife’s products/services and all materials and content contained therein are our property or the property of the persons who have granted us the applicable license. We grant you the right to use these materials and content, but only for the purposes of using FetoLife’s products/services, for you personally or on behalf of another person always in accordance to these Terms and Conditions. If you use FetoLife’s products/services for another person, you remain fully responsible for ensuring that the use on behalf of that person is permitted under privacy and other applicable legal requirements. In particular, you are obliged to collect applicable consent from that person and inform them about our Terms and Conditions and Privacy Policy.

7.2 We grant you the right to personally access and use FetoLife’s products/services. You are prohibited from transferring this right to anyone else, or to sell, give away or transfer your User Account to anyone else. Your right to access the FetoLife’s products/services does not preclude us granting other persons the right to access FetoLife’s products/services.

7.3 Your right to use the name “FetoLife” or any trademarks, logos, domain names or other characteristic trademarks whatsoever is limited to the scope defined in these Terms and Conditions.

7.4 In return for your warranty to comply with these Terms and Conditions, we grant you a limited, non-transferable, non-sublicensable, personalized, non-exclusive, revocable right to download the FetoLife App to your device or to access the Website under the conditions set forth in these Terms and Conditions or the privacy policy, or under any terms applying to the App Store you may have downloaded the FetoLife App from.

7.5 As the User, unless such behaviors are appropriately permitted in accordance with these Terms and Conditions or unless permitted under mandatory copyright law where necessary for the use of the FetoLife’s products/services in accordance with its intended purpose and/or indispensable to obtain the information necessary to achieve the interoperability with other programs, you undertake to refrain from the following:

a) You, the User, agree not to replicate or copy FetoLife’s products/services, either in whole or in part.

b) You, the User, agree not to sell or otherwise make available FetoLife’s products/services, either in whole or in part, to anyone else.

c) You, the User, agree not to modify FetoLife’s products/services, in whole or in part, in any way whatsoever.

d) You, the User, warrant that you will not attempt to discover or access the source code of FetoLife’s products/services, in whole or in part, unless it has been expressly published by us and released into the public domain.

7.6 You are aware that we, and/or the persons who have granted us a license in this respect, are entitled to any confidential information, rights of use, of exploitation and of recovery – and any other intellectual property rights fully or partially existing – regarding FetoLife’s products/services.

8. Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

9. Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

10. Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

11. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

12. Termination

12.1 In the event that you feel that you can no longer agree to the present Terms and Conditions or the Privacy Policy, at any time, you agree to stop using the FetoLife mobile health app.

12.2 You are entitled to stop using the FetoLife mobile health app at any time and to terminate your agreement with FetoLife, including if you do not agree with the changes to the FetoLife mobile health app or these Terms and Conditions we proposed. Please follow the instructions on the FetoLife mobile health app to deactivate your User Account. If you access the FetoLife mobile health app, you can delete your User Account via the settings menu.

12.3 We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

12.4 Either party’s right to terminate the agreement for cause remains unaffected. Cause that entitles us to terminate the agreement may be, in particular but not exclusively, your violation of the material contractual provisions and if, due to external circumstances, it can be assumed that you are making improper use of our services. If good reason exists, we are furthermore authorised to block your access to the FetoLife mobile health app, without any notice, and provided that no other less severe measure is effective.

12.5 If you or we deactivate your User Account as described in this paragraph or withdraw your right to access the FetoLife mobile health app, we will delete any Personal Data stored about you in accordance with our Privacy Policy (and as stipulated in the applicable statutory provisions), provided that our rights to use such data in anonymized form remains unaffected. You also lose the right previously granted to you to access the FetoLife mobile health app.

13. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

14. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

15. Applicable legislation and jurisdiction

15.1 Our headquarter is located in Austria. The agreement concluded on the basis of these Terms and Conditions is subject to the laws of the Republic of Austria. Without prejudice to the above choice of jurisdiction, in the case of agreements between traders and consumers, the provisions of the law of the country in which the consumer is habitually resident and which – under the law of that country – may not be derogated from, may be applied in favour of the consumer if the trader: pursues his/her commercial or professional activities in the country of the consumer’s habitual residence, or

such activities are in any way directed at that country or at several countries including that country,

and the agreement falls within the scope of such activities.

15.2 The courts of Austria have the exclusive jurisdiction to settle any disputes arising in connection with, or as a result of, your use of the FetoLife mobile health app.

15.3 The European Commission provides an online dispute resolution platform available at http://ec.europa.eu/consumers/odr. FetoLife does not participate in dispute settlement proceedings before a consumer arbitration board.

16. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

17. For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

18. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

19. Severability and Waiver

19.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

19.2 Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

20. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

21. FetoLife Products/Services Updates

21.1 We are constantly updating and improving FetoLife’s products/services. We constantly strive to provide you with innovative new services and features. We also make improvements and updates in order to stay abreast of changing technologies, behaviors and the way in which people use the internet.

21.2. We reserve the right to change a specific aspect of a specific feature by updating FetoLife’s products/services, resetting that feature and suspending the service or support for that feature. These changes may affect your activities on FetoLife’s products/services. Changes may include the removal, modification or reset of the features you use. We will inform you of the changes and your rights in the case of changes by separate notification, to the extent you have signed up for such notifications.

21.3. Updates may be released from time to time by us or via the App Store where you downloaded the FetoLife mobile health app. From time to time, to be able to use FetoLife’s products/services, it may be necessary for you to update third-party software.

22. Changes to These Terms and Conditions

The current version of the Terms and Conditions includes all provisions governing the contractual relationship between you and us. Older versions of the Terms and Conditions no longer apply to our contractual relationship and are entirely replaced by the current version.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

23. Miscellaneous

23.1 You consent to us communicating with you by electronic means (such as by email or other form of text).

23.2 We may send you notices electronically to the email address you provided at the time you signed up for FetoLife’s products/services, or via other electronic means on the FetoLife mobile health app when available.

23.3 The failure to enforce our rights must not be construed as a waiver of such rights.

23.4 Should any provision in these Terms and Conditions be or become void or unenforceable, the effectiveness of the remaining provisions will remain unaffected.

23.5 Only the contracting party itself has the right to enforce contractual provisions.

24. Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email:

legal@fetolife.com