1. Introduction

Our Website https://beafertility.com, App and platform (“Platform”) are operated by StepOne Fertility Ltd trading as Béa Fertility (“we”, “us” or “our”) registered in England and Wales (Company number 12539481) with its office at St Johns Court 144-146 St John's Hill, London, England, SW11 1SN.

Please read these Terms of Use carefully before using our Platform. These terms of use (“Terms of Use”) together with our privacy policy (“Privacy Policy”) and cookie policy (“Cookie Policy”) manage your use of our Platform. By using our Platform, you agree to comply with these Terms of Use in full, regardless of whether or not you choose to register with us. If you do not agree to these Terms of Use, do not use the Platform.

We provide at-home Cervical Cap insemination treatments and related digital products and services (“Products and Services”).

2. Are there any other terms I need to be aware of?

These Terms of Use refer to our Privacy Policy, which also applies to your use of our Platform. Our Privacy Policy sets out the terms on which we may process any personal data we collect from you or that you provide to us.

3. How can I contact Béa Fertility?

To contact us, please email:support@beafertility.com.

4. Do not rely on information on our Platform

You acknowledge and agree that the Platform content is provided solely for your information and to provide information about our Products and Services. The content of our Platform does not provide you with any advice or recommendation of any kind and must never be used as a substitute for advice provided by a doctor or other healthcare professional. If you have questions or concerns about your health or fertility, or would like more information, contact your doctor. Always seek the advice of your doctor or other qualified health professional before starting or changing any treatment.

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Platform is accurate, complete or up to date.

5. What am I not allowed to use your Platform for?

Béa Fertility and/or its licensors own all the intellectual property rights and materials contained on our Platform. This includes all images, text, music, videos and any other content you might see (Content).

All our Content is protected by copyright and other proprietary rights, and we also own registered trade marks in the Béa Fertility name.

No act of downloading or otherwise copying from our Platform will transfer title to any software or material on our Platform to you. We reserve all rights with respect to copyright and ownership of all material on our Platform.

You are granted a limited licence only for purposes of viewing our Content.

You are specifically restricted from:

• publishing or publicly showing any Content in any other media (save for publishing links to our Platform in accordance with the section headed “Can I link to your Platform” below);
• selling, sub-licensing and/or otherwise commercialising any Content;
• using our Platform in any way that is or may be damaging to us or to our Platform;
• using our Platform in any way that impacts user access to our Platform;
• using our Platform contrary to applicable laws and regulations, or in any way may cause harm to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to our Platform; or
• using our Platform to engage in any advertising or marketing.

6. Can I upload content to the Platform?

If you upload any content to our Platform (including any audio, video text, images or other material) then you agree that we and any of our users will have a licence to use, store and copy that content for free.

Any Content you upload must be your own or you must otherwise have a right to use it.

We reserve the right to remove any of your content from our Platform at any time without notice.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

You must not upload any files or content to our Platform which violates applicable law or is harmful or otherwise inappropriate.

You are solely responsible for securing and backing up your content.

7. How will you use my personal information?

We will only use your personal information as set out in ourPrivacy Policy.

8. What are my responsibilities for my account details?

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly contact us.

9. Will the Platform always be available?

We do not guarantee that our Platform or any content on it will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

10. What happens if there is a bug or virus on our Platform?

We provide our Platform “as is” and we do not give any representations or warranties as to the status or content of the Platform.

We assume no responsibility for, and make no warranties that, functions contained on our Platform will be uninterrupted or error-free, that defects will be corrected, or that our Platform or the server that makes it available will be free of viruses or other harmful components.

We shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your device. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.

We do not guarantee that our Platform will be secure or free from bugs or viruses.

You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the computer misuse act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

11. Can I link to your Platform?

You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it - for example, you must not suggest we support your website if that is not the case.

You must not frame our Platform on any other site, or create a link to any part of our Platform other than the Website home page.

We reserve the right to withdraw linking permission without notice.

12. What happens if something goes wrong?

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Subject to unlawful exclusions if we do not follow these Terms of Use then we will only be responsible for the part of any foreseeable loss or damage that you suffered that was caused by us. When we say “foreseeable”, we mean that:

• it was obvious that it would happen; or
• at the time you used our Platform, we and you both knew that it might happen.

Currently we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or any indirect or consequential loss or damage.

13. Is Béa Fertility responsible for any embedded third party content or linked websites?

Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approved by us of those linked websites or information you obtain from them. We have no control over the contents of those sites or resources. Our Platform may also include embedded third party content. We are not responsible for and have no control over third party content that is embedded in our Platform and we provide no warranties in respect of the same.

14. What happens if there are changes to the Terms of Use or our Platform?

We may update and change our Platform and Terms of Use from time to time to reflect changes in our Products and Services, our users' needs and our business priorities.

We can make changes at any time and do not need to give you any notice beforehand, but we'll try to be reasonable and let you know when we can.

If you carry on using our Platform after we make changes to the Terms of Use, it means you've agreed to them. The new version of the Terms of Use will replace the old version.

15. Can I or Béa Fertility transfer these Terms of Use to anyone else?

Béa Fertility is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms of Use without any notification provided your rights are not materially affected.

You are not allowed to assign or transfer your rights under these Terms of Use to anyone else. This is because these Terms of Use are personal to you — and nobody else is entitled to benefit from them.

16. What law applies to these Terms of Use?

These terms will be governed by and interpreted in accordance with the laws of England, and you submit to the non-exclusive jurisdiction of England for the resolution of any disputes.