General Terms and Conditions of Use (GTC)

General

1.1 ovolution (“we”, “us”) provides software and services in the field of cycle health. These include the ovolution app (software), a website, the blog and various consulting services.

1.2 On www.ovolution.rocks (“website”) we provide information about the ovolution app and the consulting services. This is also where the blog is located. For the ovolution app for iOS and Android, for the use of the website, the blog and the booking of a consultation, the following terms of use apply in their current version.

1.3 Please read this User Agreement (“ovolution Terms and Conditions” or “Agreement”) carefully before using our products and services. We will notify you of any changes to these terms and conditions by e-mail. If you do not object to the changes within four weeks of receiving the e-mail, the changes shall be deemed accepted by implied silence.

About ovolution

ovolution is the manufacturer of a cycle app or NFP learning app for iOS and Android and puts it on the market. In addition, ovolution offers advice in the field of menstrual health, in particular for the method of Natural Family Planning (NFP) according to Sensiplan®. The use of the ovolution app and the counselling service is suitable for menstruators of reproductive age (from 18 years).

The ovolution app is a standalone software. Further information can be found in our privacy policy.

Medical advice

The use of the ovolution app and the consultation cannot replace a visit to the doctor. The app, the website and/or the software embedded therein itself are not stand-alone contraceptives. ovolution expressly encourages all users with health problems or symptoms of illness to consult a doctor immediately and whenever necessary. If you have any questions about your health, we advise you to contact the doctor you trust instead of starting, changing or discontinuing treatments independently. In particular, the online offer cannot and may not be used for the preparation of independent diagnoses or for the selection and application of treatment methods. In this case, you are otherwise acting at your own risk.

Use of the ovolution app

Technical requirements for the ovolution app

The prerequisite for the proper use of the apps is that you have compatible devices and certain software. The ovolution app supports smartphones with Android version 5 (API level 21) or higher or Apple iOS version 12 or higher and requires a stable Internet connection. Your provider may incur separate costs for this. In addition, at least 100 MB of hard disk space must be available on your smartphone for installation and temporarily stored data of the app. An e-mail address for registration is required as well as access to the Google Play Store or Apple App Store. We recommend that you use the latest versions of the required software. For some smartphones, this may be a prerequisite for use. Regular updates of your device are also required. Before concluding your membership (subscription), please find out whether the hardware and software you use allows you to use our app.

ovolution assumes no liability for any damage to your smartphone in connection with the use of ovolution apps.

Age limit ovolution app

Persons who have not yet reached the age of 18 are excluded from using the ovolution app, they may not transmit any personal data to ovolution and may not conclude a paid subscription. To use our offer, you must also have full legal capacity. The ovolution app is offered exclusively to natural persons for their private use.

Registration ovolution app

We have developed the ovolution app for the operating system iOS and Android. You are entitled to use the ovolution app if you are a natural person and have registered.

It is your responsibility to ensure the confidentiality of your username and password in connection with the use of the ovolution account. If you allow third parties to access your ovolution account, this Agreement, including certain consents you have given, also applies to the access, use and disclosure of information by these third parties. If you become aware of any unauthorized use of your ovolution account, ovolution must be informed immediately. If the unauthorized use was not caused by ovolution, ovolution is not responsible for any damages resulting from the unauthorized use of your ovolution account.

To prevent misuse, a link will be sent to your specified e-mail address after registration. You have to confirm this to use the ovolution app. By activating the opt-ins and confirming the “Next” button during the ovolution registration process, you agree to ovolution’s GTC. If you do not do this, the registration is considered not completed and you cannot use the ovolution app. If you do not completely fill out the questions about yourself and your previous cycle records in the following introduction, you can also only use the ovolution app to a limited extent.

Before using it for the first time, we will ask you for various personal information as part of the registration process. Details on the required data and their use can be found in our privacy policy. This Privacy Policy is a document called “Data Protection”. The background is that in this data protection declaration we not only inform you about how we protect your data and process it. Rather, according to the relevant data protection regulations, we also need your consent in order to be able to provide you with the ovolution app. In this respect, we ask you to give your consent during registration.

There is no legal claim to the use of the services of the ovolution app. ovolution is entitled to refuse registration without giving reasons.

Notifications

ovolution may send you legally binding notifications and declarations by e-mail to the last e-mail address you provided. You must provide accurate, current and complete personal information and update it in the event of any changes. It is prohibited to impersonate any other person or entity, to misrepresent one’s affiliation with such person or entity, or to intentionally use the username, password or access data of another person.

Contract territory of the ovolution app

Registration for the ovolution app is only open to residents of countries in which we offer the ovolution app and all other services (collectively, the “Contract Territory”).

Paid subscription to the ovolution app

• General
  The download and use of the ovolution app are only free of charge within a possible test period via the respective shops (generally via the Apple App Store for iPhone and Google Play Store for Android devices). At the end of the test phase, you can only continue to use the ovolution app for a fee. This results in ongoing payments (monthly or annually). The currently valid price is displayed in the respective store (Apple App Store or Google Play Store). In addition to the costs for the app, your provider may incur transfer costs when downloading and uploading when using the app. Your subscription to the ovolution app is concluded for a fixed term, which depends on the subscription you have chosen (“subscription period”). The subscription makes all functions of the ovolution app accessible. More detailed information about the functions of ovolution can be found at www.ovolution.rocks/app and in the ovolution app.

• Registration
  To log in to the ovolution app, download the ovolution app from Apple’s App Store or Google’s Play Store.

• Prices
  If you decide to use the ovolution app after the free trial period has expired, you pay the price set for your country, which is displayed in the app or in the Apple App Store and/or Google Play Store. Unless otherwise agreed, prices include the statutory value added tax. ovolution has the right to change the price of the service at any time. Such an amendment shall not affect contracts already concluded. The price is due regardless of how often and how much you use the ovolution app.

• Terms of payment
  The payment processing of the membership takes place directly via the respective App Store (Apple App Store or Google’s Play Store) via your user account stored there. The payment system of the respective app store operator is used. Insofar as the respective service provider includes its own general terms and conditions of business or use (GTC) in individual cases, these shall apply exclusively to payment processing. Simply pressing the purchase button in the ovolution app does not constitute a purchase contract for the fee-based use of the ovolution app. Only after successful confirmation via the store operator the membership is concluded. The membership is paid via your account in the respective shop.

• Test periods
  Your subscription to the ovolution app can start with a non-paid trial period. There is no entitlement to the agreement of a test period. We reserve the right to revoke this trial period at any time. Trial periods are only offered to new ovolution users. Until the end of the period, you can cancel your subscription at any time with your store operator. If you do not cancel your subscription in accordance with the cancellation rules below, the first payment will be due and payable immediately upon the end of the trial period. You will be informed of the duration of the trial period upon completion of your registration. You will not receive a separate notification from ovolution about the expiration of the trial period or about the start of your paid subscription.

• Automatic renewal of subscription
  At the end of your free trial period, the use automatically leads to the paid version. Your subscription to the ovolution app will also be automatically extended for a further subscription period beyond the originally agreed subscription period if you do not cancel it beforehand as described under “cancellation”. You will be informed of this in the purchase dialog. You may also receive notification from your store operator when you want automatic renewal to take place. If your subscription renews, your account will be charged 24-hours before the end of the subscription term.

• Cancellation of subscription
  You can cancel your subscription at any time. The billing, administration and termination of the subscription take place exclusively via your stored user account in the Apple App Store or Google Play Store. You can cancel your subscription at any time through the account settings with the respective store provider. If you have a current subscription, your cancellation will take effect at the end of the contractual term. After termination of the subscription, the ovolution app can no longer be used.

• The right of cancellation
  The right of cancellation of the respective store provider applies. A refund of payments made in the Apple App Store or in the Google Play Store by ovolution is excluded. In this respect, the general terms and conditions or terms of use of the store providers apply.

• Refunds
  ovolution does not offer refunds for the purchase of a subscription. If the ovolution app does not behave as expected or you or a member of your family made the purchase by mistake, the purchase may qualify for a refund. You can only request a refund from your store owner. Please refer to the respective refund policies.

Availability of the ovolution app

We strive to provide permanent access to our app. However, maintenance work and technical failures mean that the service cannot always be available and is temporarily unavailable. In addition, there is no entitlement to performance, damages or reduction of the subscription price even in the event of line disruptions on the Internet as a result of force majeure or disturbance of industrial peace. Temporary interruptions of operation due to the usual maintenance times, system-immanent disturbances of the Internet at third-party network operators as well as in the event of force majeure are possible. We assume no liability for the constant availability of the online connection. You cannot claim compensation for business interruption or system failure.

Further development of the ovolution app

ovolution is not obliged to further develop or maintain the service under this agreement. ovolution may, at its sole discretion, provide limited technical support for the service. As long as your subscription to the service is valid, you are entitled to upgrades or updates to the ovolution app. You agree that by using an upgrade or update, you voluntarily terminate the right to use a previous version. You may need to update third-party software and/or update your device regularly in order to use the service.

Questions, error messages, suggestions for improving the ovolution app

If you notice malfunctions, error messages or other newsworthy observations when using the ovolution app or if you have suggestions for improvement and/or questions that are not answered in the FAQ, please contact us via the contact form linked in the app or send us an e-mail to hello@ovolution.rocks, ideally with an error description and/or a screenshot or video.

5. Copyright

The content of our website, the ovolution app and the ovolution trademark are protected by copyright. ovolution reserves all rights. Duplication, modification, distribution or public reproduction of the ovolution website and ovolution app and its contents (images, texts, graphics, tables, product photos, videos, music, databases), in whole or in part, is not permitted without the express permission of ovolution. For purely private purposes, however, you can print or save content from the website. The removal of copyright notices and copyright marks is not permitted.

The product names and brands mentioned and displayed on the website or in the ovolution app are, regardless of their font size or the presence of a brand symbol, trademarks of ovolution, affiliated companies or licensees or trademarks of other rights holders. Unauthorized use of these trademarks is prohibited and may be prosecuted under applicable law.

By reporting malfunctions, observations and/or suggestions for improvement, you do not acquire any copyrights or co-copyrights to the company ovolution or the ovolution app.

6. Rules on liability

Liability for the use of ovolution

The use of the ovolution app is at the user’s own risk.

We are not liable for specific purposes or goals that you associate or want to achieve with the ovolution app. We do not promise that you can avoid pregnancy with the ovolution app. Likewise, we do not promise that you will get pregnant with the ovolution app. Our product serves the goal that you learn more about yourself, your body and your cycle and learn the rules of natural family planning. Nor has ovolution developed the Sensiplan® rules used or can be held liable for them. The use is at your own risk and does not replace specialist advice on contraception and/or pregnancy.

Do not use the ovolution app and our services if you do not agree.

Liability for the content of the ovolution app & website

We have compiled all content in the ovolution app and on our website to the best of our knowledge and care. Nevertheless, for technical and other reasons, it may happen that the information and details in the ovolution app are no longer complete, up-to-date or accurate. ovolution assumes no liability (neither expressly nor implicitly) for the up-to-the-minute accuracy, completeness, reliability or timeliness of the content published in the ovolution app. We strive to keep the ovolution app up to date during the releases.

Liability for malware and access by third parties

We are liable for unauthorized access by third parties to the ovolution app and its content as well as for a possible transmission of computer viruses, computer worms, Trojan horses or other malicious programs only if and insofar as we have failed to use reasonable and technical possibilities to avoid such attacks and attacks by third parties. You should take your own precautions to protect your device from malware.

Links to Third Party Websites

The website, the blog and the ovolution app contain electronic references (“links”) to external websites of third parties. The setting of such links takes place exclusively for the purpose of information and as an additional service for the users of our website and the ovolution app, without us expressing a recommendation, approval or support with regard to the linked content or wanting to adopt it as our own. At the time of linking by us, no illegal content was recognizable on the linked websites. However, we have no influence on the design or updating of the contents of the linked websites. Rather, the respective operator is solely responsible for the design and content of the linked websites. We therefore assume no legality of the design and content of linked websites. If you become aware of an infringement on a linked website, we ask you to notify us so that we can remove any affected links.

Limitation of liability ovolution app

You understand and acknowledge that ovolution is not responsible for network problems caused by the operation of the Service and that changes to the network configuration may affect the performance of the system. You acknowledge and agree that ovolution has no liability whatsoever for the use of the services contained herein. Your sole right or remedy for any problems or dissatisfaction with the Service is to stop using the service. Without prejudice to your statutory rights as a consumer.

In no event shall ovolution be liable for personal injury or death in connection with the use of the services or for direct, indirect, special or consequential damages arising from the use or non-use of the services. In no event shall ovolution’s maximum liability exceed the service fees paid to ovolution. You expressly acknowledge that ovolution is not liable for third party content or the defamatory, offensive or illegal conduct of third parties.

Terms of Use Price Draws

The following persons are eligible to participate in price draws:

• Persons who are at least 18 years old.
• Persons with unlimited legal capacity.
• Persons residing in the European Union.

Legal recourse is excluded. An alternative prize distribution as well as double participation is excluded. The prize is not transferable. Any liability on the part of ovolution for the existence of the technical requirements for participation in the price draw is excluded. The terms of use and data protection of ovolution apply. ovolution reserves the right to exclude participants from the price draw in case of suspected abuse, manipulation or criminal conduct. ovolution is not liable for loss, theft, destruction or unauthorized use of a prize. The distribution or free shipping of the prizes is carried out by ovolution. Price draws are not affiliated with Facebook and are not sponsored, endorsed or organized by Facebook. The data provided by the competition participants as part of the price draw partial processing (in the case of winning) is not received by Facebook, but ovolution and is used solely for contacting the winner and sending the prize. After expiry of the price draw and dispatch of the prize, this data will be deleted. The price draw can be cancelled, terminated or extended by ovolution at any time. Advance notice and reasons are not necessary. By participating in the price draw, participants accept these conditions of participation.

7. Privacy

The protection of your personal data is our highest priority. Therefore, we collect, process and use personal data that you transmit to us as a user in the ovolution app or the ovolution website or that accrues in the context of the use of our ovolution app or ovolution website, strictly in accordance with the applicable laws on data protection and data security. Details can be found in our privacy policy. As shown, this also contains the content of the consent we ask you for when registering for the app.

8. Changes to these Terms of Use

We reserve the right to change the content of these GTC in accordance with the statutory provisions. If we make any necessary changes to the Terms in our sole discretion, we will notify you by sending an e-mail to the e-mail address associated with your account. If you do not object to the new GTC within four weeks, this will be interpreted as consent; Section 1.3 shall apply accordingly. In the event of an objection, we can no longer provide you with the services of ovolution. We ask for your understanding.

9. Exemption

You indemnify ovolution against any causal damage, including the costs of legal defense at the statutory rate, resulting from an infringement of rights committed by you with regard to these GTC or other rights related to the services of ovolution.

10. Final provisions

Should individual provisions of these General Terms and Conditions, including this provision, be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.

Data protection supervisor: Timo Schmuck

Registered office of the company: Friedrich-Ebert-Str. 161, 64347 Griesheim, Germany

VAT ID according to §27a Value Added Tax Act: DE357222257

e-mail: hello@ovolution.rocks

Contact support

As of Januar 2023

ovolution assumes no liability. The hotline and the contact to our customer service do not replace a medical consultation or treatment by a doctor. ovolution or its employees do not provide medical or clinical diagnoses, nor do they evaluate your cycle data, and they do not provide information to which you should refer exclusively. Instructions on how to use the ovolution app can be found in the FAQ.