“AIVF” – App Terms of Use

Last Revised: November 11, 2024

AIVF Ltd., an Israeli Company having its place of business in HaBarzel St 9, Tel Aviv, Israel (the “Company”), and the healthcare provider, such as the clinic, which referred or invited you to access and use our App (the “Healthcare Provider“, and the Company and the Healthcare Provider shall hereinafter be referred to, collectively, as “we“, “us“, “our“), welcome you (“User(s)” or “you“) to the AIVF mobile application (the “App“). The App is designed to allow you to track the development of embryos handled by the Healthcare Provider, including receipt of certain photos, videos, general information and statistics produced by the Healthcare Provider (collectively, the “Content”, as further defined below). All Services provided via the App, including provision of the Content, shall hereinafter be referred to, collectively, as the “Services”.

Important Note:

The App may include certain Content, including information and materials, relating to your treatment by the Healthcare Provider, as well as general information and materials in the field of fertility provided by the Company and/or the Healthcare Provider.

The Company serves as a data processor and service provider on behalf of the Healthcare Provider and solely operates the App without control over the Healthcare Provider. All Content displayed within the App is provided “AS-IS” by the Healthcare Provider, it does not bind the Company, and the Company disclaims all representations and warranties with respect thereto. Neither the Company nor the Healthcare Provider warrants the accuracy, completeness, or reliability of the Content, as the only reliable and complete data resides with the Healthcare Provider.

PLEASE NOTE THAT THE CONTENT INCLUDED IN THE APP IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND IT DOES NOT CONSTITUTE MEDICAL OR HEALTH-RELATED ADVICE AND DOES NOT REPLACE PROFESSIONAL ADVICE IN ANY CAPACITY. IF YOU HAVE ANY MEDICAL QUESTIONS, CONCERNS, OR IN CASE OF ANY EMERGENCY, YOU SHOULD NOT RELY ON THE APP, OR ANY CONTENT INCLUDED IN THE APP, AND YOU SHOULD CONTACT THE HEALTHCARE PROVIDER, OR OTHER PHYSICIAN, DIRECTLY. THE CONTENT DISPLAYED SHOULD NOT BE RELIED UPON FOR MEDICAL TREATMENT DECISIONS.

1. Acceptance of the Terms

By entering, connecting to, accessing installing and/or downloading the App into your mobile device, or using the App, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy  (“Privacy Policy“) (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the App and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT, ACCESS OR USE THE APP AND/OR THE SERVICE IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY UNINSTALL THE APP FROM YOUR MOBILE DEVICE.

The App is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the App in accordance with these Terms, and to fully perform your obligations hereunder.

2. The App and the Services

The App may only be accessed and used by Users who have been invited by the Healthcare Provider. To use the App, you must sign in using the phone number and email address you provided to the Healthcare Provider, which were used to register you as a User. If you have not received such an invitation, you may not use the App and must cease any use thereof, uninstall it from your mobile device, and permanently delete any copies thereof. During the onboarding process, the Healthcare Provider may share certain personal information about you with us, and we may collect additional personal information to verify your identity before granting access to the App, as detailed in our Privacy Policy (as further detailed below).

The App provides Users with general information, videos, and other materials in the field of fertility, as well as access to photos and videos of the User’s embryos handled by the Healthcare Provider and related analytics. For clarity, all Content (as defined below) relating to the User’s embryos is uploaded to the App by the Healthcare Provider and is not verified by the Company. In case of any inconsistency between Content and other information in the App and information stored or processed by the Healthcare Provider, the Healthcare Provider’s records shall prevail. The App and its Content are provided for your convenience and informational purposes only, and should not be relied upon for making any decisions, including health-related decisions. If you have questions or concerns about any Content displayed in the App, please contact your Healthcare Provider directly. Please note that some Content is general in nature and not customized to your specific needs or circumstances. While such content is provided as a courtesy, we advise caution and do not assume any liability for your reliance on it.

We may offer features that enable direct communication with your Healthcare Provider, such as chat functionality. These features are not intended for emergencies, and your use of them is at your own risk. For urgent inquiries or emergencies, please contact your Healthcare Provider directly by telephone or other designated emergency communication channels.

The App may allow you to export Content either for local storage on your device or sharing through third-party services such as messaging apps and social media. Given the potentially sensitive nature of the Content, you assume full responsibility for any Content you share or export from the App. Please exercise caution when sharing personal information, especially in public forums. Any export of Content from the App is at your sole risk.

In addition to your personalized content uploaded by the Healthcare Provider, the App may include other content, such as general fertility-care and embryo information, contact information, videos, text, files, logos, button icons, images, data compilations, links, specialized content, technical data, documentation, know-how, specifications, materials, designs, data, the “look and feel” of the App, algorithms, source and object code, interface, GUI, interactive features, related graphics, illustrations, drawings, animations, and other features obtained from or through the App (collectively, the “Content“).

The App may send push notifications, messages, emails, and alerts through various communication channels. You can deactivate certain push notifications at any time by adjusting the notification settings on your device.

BEFORE USING THE APP, PLEASE READ CAREFULLY ALL DISCLAIMERS AND WARNINGS ABOVE REGARDING THE APP AND ITS CONTENT.

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE APP ARE RESERVED TO THE COMPANY, THE HEALTHCARE PROVIDER, OR THEIR LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY AND/OR THE HEALTHCARE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP AND/OR THE CONTENT AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN CONNECTION WITH THE CONTENT AND/OR APP AND/OR SERVICES.

THE APP AND SERVICES SERVE SOLELY AS A TOOL TO ASSIST IN IMPROVING A USER’S ACCESSIBILITY TO CERTAIN INFORMATION RELATED TO ITS TREATMENT BY THE HEALTHCARE PROVIDER, HOWEVER IT IS NOT INTENDED TO REPLACE CONSULTATION WITH A QUALIFIED HEALTHCARE PROFESSIONAL, OR SERVE AS A SUBSTITUTE TO ANY MEDICAL DIAGNOSIS OR TREATMENT. 

THE COMPANY AND/OR THE HEALTHCARE PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF OUR APP AND/OR CONTENT AND/OR THE SERVICES.

YOUR USE OF THE APP, CONTENT AND/OR SERVICES IS ENTIRELY AT YOUR OWN RISK.

3. Use Restrictions

There are certain conducts which are strictly prohibited when using the App. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at the Company’s sole discretion) in the termination of your use of the App and/or Content and/or the Services and may also expose you to civil and/or criminal liability.

Unless otherwise explicitly permitted under these Terms or in writing by the Company, you may not (and you may not permit anyone to): (a) use the App and/or the Content and/or the Services for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the App and/or Content and/or the Services for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the App any restrictions and signs indicating proprietary rights of the Company or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the App and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the App or the servers or networks that host the App, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the App and/or the Services; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our App infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the App; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content and/or Services made accessible by the Company on or through the App, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company’s proprietary rights, including the Company’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content and/or Services on any other site or networked computer environment for any purpose without the Company’s prior written consent; (l) create a browser or border environment around the Company’s Content and/or Services (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the App and/or the Content and/or the Services; (n) frame or mirror any part of the App without the Company’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content and/or Services from the App; (p) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the App and/or the Services for any purpose for which the App and/or the Services is not intended; and/or (r) infringe and/or violate any of the Terms.

4. Minors

The App is intended for Users over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under this age are not using the App. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the App, we will prohibit and block such User from accessing the App and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.

5.        Registration and User Account

The App is available only to Users who have been approved by the Healthcare Provider, invited to use the App, and have completed the registration process by creating an account on the App (the “Account“). The Healthcare Provider may invite you to use the App through a dedicated link or other means; this invitation is intended solely for your personal use and should not be shared with or disclosed to third parties.

To use the App, you must download it from the appropriate mobile application marketplace and enter your email address and/or phone number, which must match the information previously provided to the Company by the Healthcare Provider. If you are unable to use the invitation link sent by the Healthcare Provider or encounter difficulties creating an Account, please contact your Healthcare Provider directly. You may receive a text message (SMS) to verify your identity before logging in to the App, and the Company may require additional information to complete the Account setup process.

You may use your Account solely for your own personal use and not on behalf of, or for the benefit of, any third party. Your Account may be password protected. In order to protect the security of your information available on your Account (including business related information), to the greatest extent possible, you must safeguard and not disclose your Account username and password, and you must supervise the use of such Account.

You must notify us immediately of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your Account or any other breach of security.

If you wish to either change your username, or cancel and remove your Account, please send us an e-mail of your request to: support@aivf.co. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account.

CANCELLING OR TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

6. Privacy Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the App. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at https://aivf.co/mobile-app-privacy-policy/ which is incorporated herein by reference. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy. If you intend to access or use the App, you must first read and agree to the Privacy Policy.

7. Intellectual Property Rights

The App, the Content, the Services and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors (which may include the Healthcare Provider).

The Terms do not convey to you an interest in or to the Company and/or the Healthcare Provider’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company and/or the Healthcare Provider’s Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to the Company (“Feedback”), the Company shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of the Company’s current or future services, products or technologies and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require the Company to comply with any additional obligations with respect to any or our current or future products, technologies or services that incorporate any Feedback.

8. Trademarks and Trade names

The Company’s marks and logos and all other proprietary identifiers used by the Company in connection with the App (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the App belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

9.        Usage Rules

Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider”), your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply, and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.

Apple Inc.

The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to the Company as provider of the App.

The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use thereof infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

10. Links to Third Party Sites

Certain links provided through the App may permit our Users to leave this App and enter non-Company sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of the Company and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, the Company is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. The Company reserves the right to terminate any link at any time. 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 use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

11. Social Media Features

The App may include social sharing and posting features and other integrated tools (for example the Facebook “Like” and “Share” buttons, sharing and posting content via X, YouTube, WhatsApp, Instagram, Facebook, e-mail, etc.) (“Social Features“).

The Social Features are operated or allow social integration with certain third party social networks or third party platforms (“Social Networks“). These are created and maintained by third parties who are not affiliated with and/or controlled by us. Your use of the Social Features is subject to the applicable third party Social Network terms of use and privacy policies. If you do not agree to the practices described in such terms you should disable our App’s integration with such Social Networks, however you may find that you are not able to enjoy all the features available in our App. We are not responsible and has no liability for your use of such Social Networks.

12.     Special provisions relating to Third Party Components

The App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and the Company disclaims all liability related thereto. You acknowledge that the Company is not the author, owner or licensor of any Third Party Components, and that the Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software. A list of Third Party Components that their licenses require certain notification, is available in the App or its documentation and will be updated from time to time.

13. Availability

The App’s availability and functionality depend on various factors, such as communication networks. The Company does not warrant or guarantee that the App will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

14. Changes to The App

The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this App (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that the Company and/or the Healthcare Provider shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this App or the Content included therein, and/or the Service. You hereby agree that the Company and/or the Healthcare Provider are not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.

15. Disclaimers and No Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND THE COMPANY AND/OR THE HEALTHCARE PROVIDER, INCLUDING THEIR VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE APP AND/OR THE SERVICES AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER SERVICES LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP AND/OR SERVICES AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE APP (INCLUDING THAT THE RESULTS OF USING THE APP AND/OR SERVICE WILL MEET YOUR REQUIREMENTS, EXPECTATIONS OR BE FREE FROM MISTAKES AND/OR WILL BE EFFECTIVE, ACCURATE OR RELIABLE). THE COMPANY, THE HEALTHCARE PROVIDER AND THE COMPANY’S AND THE HEALTHCARE PROVIDER’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP AND/OR CONTENT AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE APP, INCLUDING WITHOUT LIMITATION, THE CONTENT AND THE SERVICES. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

USE OF THE APP AND/OR THE CONTENT AND/OR THE SERVICES DOES NOT CREATE A PHYSICIAN/PATIENT RELATIONSHIP. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION AND/OR ANY INFORMATION PRESENTED TO YOU WITHIN THE APP. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE APP AND/OR WITHIN THE SERVICES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR IMMEDIATELY. PLEASE, NOTE THAT RELIANCE ON ANY SERVICES PROVIDED THROUGH THE APP IS SOLELY AT YOUR OWN RISK. THE COMPANY AND THE HEALTHCARE PROVIDER MAKE NO HEALTH WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE USE OF THE APP AND YOU SHOULD CONSULT WITH YOUR DOCTOR OR HEALTHCARE PROVIDER IN RELATION TO ANY AND ALL QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING ANY HEALTH OR PHYSICAL CONDITION THAT YOU MAY HAVE.

16. Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL WE, INCLUDING OUR REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP AND/OR THE CONTENT AND/OR THE SERVICES, YOUR USE OR INABILITY TO USE THE APP AND/OR THE CONTENT AND/OR THE SERVICES AND/OR THE FAILURE OF THE APP TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF THE COMPANY AND/OR THE HEALTHCARE PROVIDER TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE COMPANY, THE HEALTHCARE PROVIDER OR THEIR REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY, THE HEALTHCARE PROVIDER OR THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY, THE HEALTHCARE PROVIDER AND THEIR REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP AND/OR THE CONTENT AND/OR THE SERVICE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY AND THE HEALTHCARE PROVIDER FOR USE OF THE SERVICE AND THE APP OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND HEREBY WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE OUR REPRESENTATIVES.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

17. Indemnification

You agree to defend, indemnify and hold harmless the Company and/or the Healthcare Provider, including their Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the App and/or Content and/or Service; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the App and/or Content and/or Service; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the App and/or Content and/or Service. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

18. Amendments to the Terms

The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, the Company will make reasonable efforts to post a clear notice on the App and/or will send you an e-mail regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

19. Termination of these Terms and the Termination of the App’s operation

At any time, we may without notice discontinue your use of the App, at our sole discretion, in addition to any other remedies that may be available to us under any applicable law.

Additionally, we may at any time, at our sole discretion, cease the operation of the App or any part thereof, temporarily or permanently, delete any information, Service or Content from the App or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with the termination of the App ‘s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

20. General

(a) These Terms constitute the entire terms and conditions between you, the Company and the Healthcare Provider, relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you, the Company and the Healthcare Provider, (b) any claim relating to the App or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by us, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.

 

21. For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to support@aivf.co

21. A note about AI Scores in the app

The predictions of pregnancy outcomes and chromosomal status of each embryo, shown in this mobile application and in the exported report, represent estimated projections using artificial intelligence (AI) algorithms, and are based on time-lapse embryo development patterns and oocyte age. This is not a diagnostic tool. Numerous other factors, not analysed by the AI, can impact pregnancy outcomes and chromosomal status.