Terms & Conditions

Terms and Conditions of myFertileDays Site

Introduction

Considering the character of myFertileDays services as the owners and Administrators of this website we are going to make efforts to use our terms and conditions to build positive and favorable bilateral relationship between the Users and the Administrator based on respect for other people’s dignity and outlook on life, promoting harmony with the natural fertility rhythm and human life affirmation.

The following regulations specify the conditions of using the services provided online by our website, content, rights and duties of the Users and the Administrator. By accessing, using or signing up for this website, you agree to be bound by this Agreement which should be accepted while registering the new Service Account.

MyFertileDays name, logo, graphics, content arrangement, software and database are legally protected. All our policies will be available online.

§1 Definitions

1.             Administrator – the subject having legal rights of the Site, managing and conducting the Site, who is Anna Klinger conducting business activity under the name Fertility Friend, located in Warsaw, 48C Odkryta Street, apartment 202, REGON (statistic number) 145892084, NIP (tax number) 5341844279.

2.             Personal Data – information collected at User’s Profile or Experts’ register concerning an identified or possible to identify person.

3.             Expert – a person with full legal capacity being a teacher/ instructor of the natural family planning and a User at the same time, interested in giving advice and instructions to the other Users. Expert status is given only by the Administrator according to fixed criteria.

4.             Cycle Card Analysis – paid Service available to each Cycle Card Service User based on conditional access, consisting in analysis of the particular cycle observation card done by an Expert and the guidelines for self-interpretation of this card sent to the User.

5.             Cycle Card – paid Service based on conditional access, available after paying subscription fee, allowing to register everyday cycle observation using the web browser and mobile devices supported by the Site, self-analyzing and interpreting the observations by the User and recognizing fertile and infertile days using automatic tools of the Site.

6.             Account – User’s area in the Site hosted for User, available after authentication ( giving username and individual password), where the User can add, modify and delete records within his Profile and Service management.

7.             Username / Login – an individual and unique name of the User selected while registering the Account.

8.             Profile – a collection of information, data and other elements on the Site registered, transferred and edited freely and independently by the User, which are collected and processed in an orderly manner in the computer system of myFertileDays.

9.             Publication – free of charge Service available to Users through which they can edit their own content on the Site (excluding articles) available automatically to other Users immediately after saving.

10.         Editorial team – a team dedicated to developing and publishing blog entries.

11.         Regulations or Terms and Conditions  – this document.

12.         Site or myFertileDays – myFertileDays website run by the Administrator, located at the Internet address www.myfertiledays.com and also at the following addresses: www.myfertiledays.eu, www.myfertiledays.pl. and addresses of the other regional domains, which include: web layout of the Site, a set of mobile applications and enabling the provision of services electronically, the database with its hardware and software infrastructure and a set of published content.

13.         Payment Service Provider – a company which offers online services for accepting electronic payments, cooperating with myFertileDays – the list of available Payment Service Providers is presented in the payment for services section.

14.         Content – all the notices (microblogs), articles, comments, entries (blogs) and comments on the discussion forum published by the Administrator or Users on myFertileDays.

15.         Sharing – User's intentional act, done with his accounts, in order to enable or disable access to individual elements of the User Profile – applies only to those elements of the profile, which have the share option.

16.         Agreement – an agreement for the provision of electronic Services based on these Terms and Conditions between the User and the Administrator concluded at the moment of accepting the Regulations by clicking the Create Account button. The Agreement for the free of charge Services is an open-ended contract.

17.         Services – the services referred to in §4 of the Terms and Conditions.

18.         User – a natural person of at least limited legal capacity (i.e. the person who is over 13 years old and partially incapacitated person), after registering and accepting the Terms and Conditions.

19.         Virtual Badge – paid Service available to each User of the Site, based on offering the User a visually attractive virtual badge, confirming the involvement in promoting natural methods of fertility recognition and protection of the unborn and women's health. After subscribing to the Service the User is entitled to use that mark on the Internet, including User’s social profiles, blogs and other electronic content.

20.         Ask the Expert – free of charge Service available to Users who can ask the Experts appointed by the Administrator questions concerning the scope of the Site.

§2 General provisions

1.             Each User accepts unconditionally these Terms and Conditions and agrees to use of myFertileDays according to them.

2.             By accepting these Terms and Conditions the User agrees that:

1)             Terms and Conditions are known, all their provisions are accepted and myFertileDays Service is agreed to be used as it was intended;

2)             all the conditions intended for receiving the status of the User are fulfilled;

3)             the Agreement to use of the Services specified in these Terms and Conditions is signed on a voluntary basis;

4)             Personal Data posted by the User within his Account and possibly changed while using the Site, are true and consistent with the law and does not violate the rights of third parties;

5)             Personal Data in the Profile and other personal data submitted to the Administrator in connection with the Services can be processed by the Administrator in order to provide the Services specified in myFertileDays Terms and Conditions properly, as well as for advertising, market research and the behavior and preferences of users research and using the results of these studies for the purpose of improving the quality of Services provided by the Administrator;

6)             Personal Data can be processed by the subject which the Administrator concludes an agreement with, in order to provide the telecommunication services for the Site or to realize other Personal Data processing purposes allowed by these Terms and Conditions;

7)             the Administrator is allowed to use User’s image placed into the Site to provide the Services and deliver the Content;

8)             the system information of the Site and other news from the Administrator, including commercial information about products and services of the Administrator and third parties or the proposal to sign up an agreement can be sent to User’s Account as well as to the given e-mail address;

9)             he/she has rights to the materials and data (including Content, images, Personal Data, trade marks) posted by him/her on the Site, to the extent that is necessary for their inclusion and to grant an authorization specified in these Regulations, and also the User is aware of the responsibility for including the materials and data without proper authorization;

10)         the Administrator is allowed to remove all the materials and data (including the Content) that violate decency, contain the words recognized as offensive, propagate types of behavior which are harmful to health, abuse respect for the dignity and the outlook of another human being, or are against the promotion of harmony with the natural rhythms of fertility and against the affirmation of human life, and which were brought to the Site in violation of the rights of third parties;

11)         the results of the observations recorded in the Cycle Card Service, after deletion of identification data, can be sent to the research institutes involved in studies on woman’s fertility in order to improve the natural methods of fertility recognition;

12)         the technical requirements necessary to use the Services within the Site without interference are known.

3.             The Owner of the Site is the Administrator.

4.             The Regulations of the Site are available in different languages. In case of any discrepancy between the various language versions the following principles will be applied:

1)             For Users who are polish citizens and their Agreements the primary version is the Polish version of Terms and Conditions, and

2)             For Users from other countries the primary version is the English version of Terms and Conditions.

5.             The Site is available to all people using the Internet but only Users have full access to content and have the opportunity to use the Services (free of charge and paid) offered by myFertileDays.

6.             Any comments, information and inquiries regarding the Site may be directed to the Administrator at the email address: admin@myFertileDays.com or mailed to the Administrator.

7.             The use of the Account in the Site after reaching full legal capacity is a confirmation of any legal actions carried out by that User until full legal capacity has been reached.

§3 The Account and the use of the Site terms

1.             Registration and opening an Account in the Site is voluntary and free, but they are necessary to obtain the status of the User and to conclude an Agreement.

2.             A person creating an Account on the Site is supposed to select a login, a password, an email address, which is used to send an Account activation link, and a country of origin.

3.             The User is not allowed to create several Accounts using the same email address or user name. A login and an email are unique.

4.             In order to obtain access to the User Account and use the Services available on the Site after the conclusion of the Agreement the User is supposed to activate the Account by activation link sent to the registered email address. Account activation is free of charge.

5.             After successful activation of the Account the User gets full access to published Content and free of charge Services, in particular Publication Service, and possibility of the access to paid Services under the conditions specified in these Regulations.

6.             After completing the authentication process on the Site using the Username and password the User has access to the Profile and can update their own profile data and information. Subject to § 7( 5) there is no obligation to update any Profile data.

7.             Each User can use paid Services available on the Site provided that the fee specified in the price list available on the Site has been covered.

8.             In the case of the Users with limited legal capacity a full registration is possible only if they send to the administrator by post the consent of their legal representatives for these Regulations and the conclusion of the Agreement, as well as the use of paid Services and Contents.

9.             On the basis of these Regulations it is unacceptable to take by the User any of the following actions:

1)             publishing or posting in the Site any Content which is unlawful, violating the principle of social order, morally reprehensible, unethical, inciting racial hatred, ethnic, religious, violent or pornographic, etc.

2)             publishing or posting on the Site any advertising or promotional materials, also within the published Content;

3)             publishing or posting on the Site any Content that violates the rights of third parties, in particular copyright or personal rights;

4)             taking actions that may impede or destabilize the operation of the Site or expose the Administrator to loss of reputation;

5)             sharing their Account with others, as well as using other User’s Accounts.

10.         In case of detecting an unacceptable User’s action according to these Regulations, the Administrator may immediately deactivate or delete his Account. User’s try to destabilize the Site may also be considered a criminal offense.

§4 Services

1.             The Administrator of myFertileDays offers the Users free of charge and paid online Services.

2.             Free of charge Services, including the Publication and Ask the Expert, are available to all Users immediately after registration and activation an Account.

3.             Paid Services, including Virtual Badge, Cycle Card and Cycle Card Analysis, are based on conditional access and available to Users after being ordered and paid according to the price list available on the Site. After ordering and paying by the User the paid Service becomes a part of the Agreement concluded with the User.

4.             In the case of some paid Services such as Cycle Card, the fee for these Services depends on the length of the period for which they are subscribed. The fees and periods of time are specified in the price list given on the Site and they can be changed. The charges for the particular paid Services are the ones applied at the moment of ordering the Services.

5.             The Administrator can provide Services with the help of the Experts.

6.             Availability, scope and the way of providing various Services, both those already available, as well as created in the future, may be modified at any time by the Administrator. If such a change will be made in the free of charge Services covered by the Agreement, the User has the right to terminate the Agreement immediately in respect of those Services. The User can terminate the Agreement within 15 days after receiving a notification of such a change. In the case of the changes in the paid Services, these changes will apply to the Services ordered by Users after being informed of a change by the Administrator.

7.             Editorial team will keep Users informed on the editorial blog of any change in the scope of offered Services.

8.             The User of Publication Service is given the opportunity to create and publish into the Site the unlimited number of Content, according to the requirements of these Regulations.

9.             The User of Publication Service agrees to:

1)             posting comments to his/her content by other Users;

2)             modification of the comments by the Users who have posted these comments.

10.         The User of Ask The Expert Service can ask any number of questions relating to the subject of myFertileDays, but the response need not be given to each question, and selected questions and answers may be provided by the Administrator to all Users of the Site without information allowing to identify the User.

11.         Cycle Card Service is automatically activated on the purchased period after paying the appropriate subscription fee and allows to:

1)             establish any number of cycle cards and fill them with any number of daily observations;

2)             display and self-interpretation the cycle in the graph, using the tools provided by the Site;

3)             prepare the cycle card to print by its export to a file in the selected format for printing (e.g. PDF);

4)             record daily observations and present interpreted results using mobile devices supported by the Site;

5)             use of the selected observation card in Publication Service.

12.         Taking into consideration the character of Cycle Card Analysis Service based on the analysis of specific cycle card, the possibility of ordering the Service is automatically activated after ordering at least one Cycle Card Service and recording the observation in the first card to be filled, and ordering Cycle Card Analysis Service requires paying an additional fee for this Service, regardless of the subscription fee for the Cycle Card service.

13.         Communicating with an Expert in the Cycle Card Analysis Service is completely confidential and no information given to the Expert shall not be made ​​public or used by the Administrator for other purposes.

14.         The results of Cycle Card Analysis Service are excluded from Publication Service, which means that those results will not be included in published card.

15.         The choice of the Expert answering a question in the Ask the Expert Service or Cycle Card Analysis Service is made exclusively by the Administrator.

16.         The Virtual Badge Service is available to Users regardless of other myFertileDays paid Services. After ordering and paying for this Service a User have the option of using the badge chosen among all the badges offered by the Site. The User has the possibility of ordering and paying for this Service many times with regard to all available badges.

17.         In the future the other free of charge or paid Services connected with the subject of this Site may be provided and the conditions for these Services will be included as annexes to these Regulations.

18.         After finishing the subscription period for a given paid Service and not extending it for another period, the access to the Service is blocked, but the data recorded during the use of the Service are not removed and they are stored throughout the duration of the active User Account.

19.         The User of the active Account who buys another subscription for a given Service is allowed to access data recorded during the previous use of this Service.

20.         The data recorded during the use of the paid Services are removed from the myFertileDays only if the User Account has been deleted.

21.         All Content and other information of public nature recorded by the User on the Site may be stored and displayed on the Site also after User Account deletion.

22.         The user can remove his data and information recorded while using paid Services at any time, even not during the period of subscription, but by using this function of the Site all recorded data will be deleted.

23.         In the case of making an offer of the given service to the User, the Administrator informs that confirmation of receiving an offer does not mean accepting it, and only applies in the form of the legal effect of binding the Administrator in this offer for the period indicated therein. During the period when the Administrator will be bound by the submitted bid the User may accept this offer what results in concluding an agreement between the User and the Administrator concerning that offer.

§5 Charges

1.             Due to the fact that the paid Services offered via myFertileDays are based on conditional access they can be used only after ordering and successful payment the full fee for these Services.

2.             The payment is considered successful after confirmation that the money is credited to the Administrator’s account or confirmation sent by Payment Service Provider.

3.             The Site accepts the following payment methods:

1)             Payment by SMS – payment using premium text messaging in mobile networks (SMS Premium) – the payment is added to the User’s mobile phone bill;

2)             Online payment from User's bank account or by credit card / debit card – the payment from User’s bank account or credit / debit card in real time through one of the Payment Service Providers;

3)             Cash transfer to the Administrator’s account – the transfer can be made from any bank or other institution that allows to make cash transfers. While using this method it is necessary to indicate in the description of the transfer User’s login and the Service this payment concerns.

4.             The information concerning the status of the payment and the duration of the subscription may be found in the Service section of the User Profile.

5.             In the case of payment for a paid Service less than required amount, the User is obliged to settle the difference, after being informed by the Administrator.

6.             The subscription period of a paid Service is counted from the time of successful payment with an accuracy of one hour.

7.             Particular paid Services can use only selected payment methods (e.g. payment by SMS only). Detailed information on acceptable methods of payment for paid Services is given on the Site.

§6 Resignation from Services, blocking and deleting an Account

1.             The User may resign from the Services provided by myFertileDays at any time without giving a reason and delete the Account through the termination of the Agreement, and such resignation in relation to free of charge Services effects immediately, and for active paid Services is effective at the end of the subscription period. The Administrator may terminate the Agreement at any time for any reason, and such termination of free of charge Services is subject to a 15-day notice period and in relation to the paid Services effects at the end of the period for which they were subscribed.

2.             Deleting a User Account means termination the Agreement and irreversible blocking of authentication (log in) in the Site, and also removing from the Site permanently and irretrievably all data recorded as a part of User Account, with the exception of Content published previously and available for other Users and comments to the Content of other Users.

3.             Blocking User Account means the of reversible blocking of authentication (log in) in the Service – the data that recorded as a part of User Account are not deleted.

4.             An account can be blocked or deleted by the Administrator immediately, in the case of at least one of the following reasons:

1)              The User has broken the Regulations;

2)              The User takes the actions that are or may be detrimental to operation or perception of the Site by other Users or expose or may expose the Administrator to damage, particularly when:

a)             Username is an expression commonly considered vulgar, offensive or contrary to morality;

b)            The User uses obscenities in correspondence addressed to other Users or to the Administrator;

c)             The Site is used for purposes inconsistent with its intended purpose or to cause damage to the Administrator or any third party;

d)            The User carries out advertising campaigns without Administrator’s permission;

e)             The Site is used illegally or against the rules adopted for the use of the Internet;

f)             The Administrator receives the official notice of the unlawful nature of the Personal Data or Content or activity of the User associated with these data.

3)             The User has not logged in to his Account during the last 12 months and has not any paid Services subscribed at the moment of blocking or deleting the Account.

4)             The changes of Regulations have not been accepted.

5.             The Administrator can unblock the Account after consulting with the User the causes of the blocking, and providing that the User ensures the Administrator that these Regulations will be respected.

6.             The User whose Account has been blocked, deleted or who deleted the Account, cannot be registered on the Site using the same login without the prior permission of the Administrator.

7.             After deleting an Account the Administrator processes User’s Personal Data according to the Act of 18 July 2002 on Providing of services by electronic means.

8.             In the case of blocked Account the period of paid Services subscription is not suspended and extended by the time of blocking the Account.

9.             The User who has signed the Agreement, may resign without giving reasons, by making a written statement within ten days from its conclusion. This permission is not granted to the User in the case of:

1)             providing the Services started, with User’s permission, before the ten days period referred to above,

2)             paid Services which properties are closely connected with the User, and that they cannot be returned due to their nature.

10.         User’s statement on terminating the Agreement may be sent to e-mail address: admin@myFertileDays.com. The Administrator’s statement on terminating the Agreement as well as a statement on blocking the Accounts will be sent to the e-mail address provided by the User in the registration form.

§7 Personal Data

1.             The Administrator of the Site is the administrator of the Users’ Personal Data only in relation to the data which the purposes and means of processing are determined by the Administrator. It does not apply to Personal Data recorded by Users on their Accounts, because the Administrator did not decide on the purposes and means of processing them.

2.             Acceptance of these Terms and Conditions means the User’s consent to process the User Personal Data by the Administrator according to these Regulations and the Administrator's Privacy Policy available on the Site.

3.             The Administrator processes User Personal Data in accordance with Act of August 29, 1997 on the Protection of Personal Data ( Journal of Laws of October 29, 1997, No. 133, item 883) and the Act of 18 July 2002 on Providing of services by electronic means (Journal of Laws No 144, item 1204) within the scope necessary to establish, shape the content, changes, termination of the Agreement and providing the Services, as well as the settling of accounts with the User.

4.             The User is allowed to inspect his Personal Data at any time, as well as correct them and demand their removal from the Site. In relation to Personal Data recorded in the User Profile on the Site in connection with the Services the User is allowed to manage, input, modify, delete and share data with other Users at any time.

5.             The User should update the Personal Data provided in the registration form after each change of these Data.

6.             In the case of providing false Personal Data by the User in the registration form or detecting the case of breaking the Regulations by the User, the Administrator is allowed to request the User to give explanation and call upon to remove immediately or correct inaccurate data. By the time of explaining all questions related to these violations the Administrator is allowed to block the User Account and, if there is no explanation, remove an Account.

7.             The Administrator is authorized to share Personal Data only in accordance with applicable law and the provisions of these Regulations, including sharing them with subjects authorized by applicable law.

8.             The Administrator is allowed to carry out surveys and questionnaires, using e-mail and contact details of Users, or directly on the Site. Obtained data and information can be used to create a collective image of the myFertileDays members transmitted to marketing partners and published on the Site, in public magazines, websites and other media. These publications will not contain any Personal Data or other information to allow for direct or indirect identification of individual Users.

9.             In exceptional circumstances, e.g. when this is necessary due to the operation of the Site or the property of the Services, the provision of Services may be contingent upon the confirmation of User Personal Data provided in the registration form. In particular, the confirmation referred to above may require to present relevant documents confirming the Personal Data. These documents, after the verification, will be returned to the owner or destroyed.

§8 Copyright

1.             The User of the Publication Service grants the Administrator a non-exclusive, transferable license for the Content and comments published in myFertileDays.

2.             The granting of a license referred to above occurs at the moment of publishing a Content or posting a comment on the Site. The license referred to above shall be granted for a period of 5 years and thereafter is transformed into a license granted for an indefinite period. Termination of this license is possible only if it is allowed by applicable provisions of law with a two years' notice effective at the end of the calendar year.

3.             The license referred to above is a worldwide license.

4.             The license is granted for all fields of use known at the time of granting and covers the use, recording in computer memory, modification, deletion, supplementing and fields of use set out in Article 50 and Article 74 paragraph 4 of the Act of 4 February 1994 on Copyright and Related Rights.

5.             The Administrator is entitled to allow third parties to use works referred to in paragraph 1 above, within the scope of obtained license.

6.             Due to granting the license referred to above the User is not entitled to any additional compensation from the Administrator.

7.             Termination of the Agreement shall not terminate the license referred to in this paragraph.

§9 Technical conditions of using the Site.

1.             To use the Site the User must be provided with:

1)             a desktop or a mobile device, allowing access to the Internet and equipped with software to browse its resources: a standard web browser, version published not earlier than two years ago, for displaying HTML and HTML5 documents on a computer screen and accepting Cookies files and JavaScript scripts and style sheets, version at least CSS2;

2)             an active e-mail address (excluding so-called temporary email addresses) subject to paragraph 2 of this section. By Cookies file is meant a text file stored on the hard disk of a device, which is used by the User at the time of access to the Site, contains information that can be read both when the User reconnect to the Site, as well as by other servers and Internet users.

2.             Within the Site is prohibited to use any malware causing or likely to cause any of the following results:

1)             direct or indirect malfunctioning of the Site;

2)             temporary or permanent unavailability of any of its functions or Services;

3)             damage, loss or unauthorized disclosure of data stored within myFertileDays.

In particular, this prohibition applies to viruses, worms, bots and all malicious software, including spyware, malware, and thereby rendering the Service Users to cracking or phishing.

3.             The use of adblock or flashblock software by the User may result in difficulties in use of the Site and available Services. The Administrator cannot assume any liability for that and using this type of software is at the User’s own risk.

4.             Users who have consented to the use of their Personal Data for purposes of advertising and to receive commercial information, have the opportunity to benefit from additional improvements involving the presentation of the personalized advertising content.

5.             The use of the Site and available Services may be connected with the risks typical for using the Internet, including exposure to malicious software such as:

1)             trojans – programs that appear legitimate, but they are used to gain unauthorized access to the User device and User information stored on it or take control of such device;

2)             viruses – software designed primarily for unauthorized duplication, distribution and corruption of data or programs on User device.

The User can reduce the risk mentioned above using malware protection software and by careful use of the Internet e.g. not opening messages from unknown recipients.

6.             Cookies files are used to provide Services and Content that will be tailored to the individual needs of each User, and can be used to gather statistical information on the use of the Site by its Users. Disabling cookies in the browser may make it difficult or impossible to use the Site and its Services.

§10 Disclaimer and liability

1.             The Administrator ensures that reasonable efforts will be made to guarantee the confidentiality of data, which were introduced by the User to the Site, including the Personal Data in accordance with privacy policy.

2.             The Administrator is allowed to intervene in the technical structure of the User Account and make any modifications in order to remove technical problems or restore the Site to proper functioning.

3.             The Administrator reserves the right to introduce new functional and technical solutions into the Site.

4.             Administrator reserves the right to disable or restrict the access to the Site temporarily in order to add new features and Services, or maintenance. The Users will be informed on the Site about the dates or the scheduled time for work related to the exclusion or limitation of the access on the Site.

5.             The Administrator is allowed to delete the Contents and comments, if they are considered illegal or violate the rights of third parties, in particular copyright or personal rights.

6.             Administrator reserves the right to use any elements of the Site to conduct commercial, advertising and marketing activities among the Users.

7.             The Administrator reserves the right to publish the questions addressed by Users to the Experts, Editors or Administrator (after removal the data enabling the identification of the User) with answers, as Frequently Asked Questions (FAQ) to help the other Users of myFertileDays.

8.             The administrator does not provide medical services but only provides tools for Users to record and store data from the observation of the body.

9.             The User can use the Cycle Card Analysis Service and be instructed how to interpret the chart. It depends on the User whether he or she considers the data and instructions obtained from the Cycle Card Analysis Service useful and follows them or not.

10.         The User is fully responsible for breaking the law or damage resulting from his/her activities within the Site, in particular for providing illegal or incorrect Personal Data, publication of false Content, disclosure of legally protected confidential information or other confidential information, violation of personal rights, copyright and related rights of third parties.

11.         Considering the nature of the Site the Administrator, to the maximum extent permitted by applicable provisions of law, shall not be liable for claims relating to materials and data published or posted by the Users on the Site, including those related to Content, photographs or images of any third parties. The User is fully liable for published or posted materials and data.

12.         If the binding law allows this limitation of the liability, the Administrator is not responsible for:

1)             the effects of using, as well as the effects and damages resulting from improper use of the Site or any Services available therein, including the use of the Site in breach of the provisions of these Regulations;

2)             for the honesty and authenticity of the Content and the comments submitted, published and posted on the Site by Users;

3)             the effects of coming into possession of credentials, including User password by third parties for reasons that are not attributable to the Administrator;

4)             the Content of other websites linked to the Site;

5)             problems in the functioning of the Site, which occurred due to force majeure or events unforeseen by the Administrator, in particular in case of problems in the functioning of the Site related to the quality of services provided directly by third parties;

6)             loss of data caused by equipment failure, computer system failure, unauthorized interference of Users, the Internet dysfunction or other circumstances beyond the control of the Administrator;

7)             damages resulting from the use of devices that do not have proper virus protection or being inadequately protected, including damages resulting from unauthorized access to User’s system or e-mail, user authentication data obtaining by third parties as well as virus infection of User’s computer systems;

8)             temporary unavailability of the Site or its specific functions or Services resulting from making the maintenance, modification and modernization of the Site in a computer system;

9)             verbal and nonverbal interactions among Users, conducted outside the Site, resulting from the exchange of views, or electronic communication of Users within the Site;

10)         for the actions of third parties such as banks, mobile phone network operators, etc., as well as the contents of the SMS or phone number typed incorrectly.

13.         The views and opinions posted by Users should not be regarded as the views and opinions of the owner and the Administrator of myFertileDays.

§11 Complaints

1.             Any malfunctioning of the Site may be reported to support@myFertileDays.com.

2.             The complaints will be considered by the Administrator within 15 working days from the date of notification.

§12 Final provisions

1.             These Regulations entry to force from the moment of their publication and shall be binding in this version to the date of their change by the Administrator.

2.             The Administrator reserves the right to modify these Regulations at any time.

3.             In the case of the change the Regulations a new version will be available on the Site and may be presented to the User while logging in to the Account. Amendments shall enter into force and binding on the User as soon as they become available on the Site, in any case, however, these changes in relation to a given User does not enter into force later than after the presentation to the User while logging in to the Account.

4.             If the User does not accept the changes, the Agreement may be terminated. The User is allowed to terminate the Agreement no later than within 7 days from the moment of receiving the information about the change. Termination of the Agreement referred to above has an immediate effect with respect to the free of charge Services and for paid Services, active at the moment of termination, it effects at the end of the subscription period.

5.             If as a result of a valid court decision any provision of these Regulations is recognized as invalid, illegal or not binding, then the remaining provisions of the Terms and Conditions shall remain in force and bind User and Administrator.

6.             Polish law shall apply to these Regulations and the Agreement The matters that are not resolved by these Regulations are resolved by the generally applicable law in Poland.

7.             The appendices indicated in these Regulations shall be regarded as an integral part thereof.

8.             The Regulations, together with appendices, are available in the current version at www.myFertileDays.com/en/legal, in a form that enables the Users to download, save and print them.

9.             The Regulations are protected by copyright law, therefore use them beyond the scope allowed by the Administrator is a violation of his rights. Unless a wider scope of using these Regulations is provided by the provisions of law, the Administrator allows the User to copy the Regulations to the extent necessary to use the Site and execution of rights under these Regulations.