Terms and Conditions

By accessing or using MyFertility Report, you confirm that you have read, understood, and consent to be bound by these Terms, including our Privacy Policy, which is an integral part of these Terms. We encourage you to review both documents carefully.

MyFertility Report is an innovative AI-driven service developed by Smart Reports LLC to offer personalized insights into your fertility potential. At the heart of our Service is Fertilia, our advanced AI assistant.

Our Service is designed to navigate the complex world of fertility information, presenting you with insights that are directly relevant to you. By using sophisticated AI algorithms, Fertilia processes your input data from a detailed assessment to produce your personalized report.

Certain features of MyFertility Report may require you to create a user account. To register, you must be at least 18 years of age. You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You agree to immediately notify us of any unauthorized access to or use of your account or any other breach of security. Smart Reports LLC reserves the right to suspend or terminate your account at any time if we suspect a violation of these Terms or believe your account security has been compromised.

Your use of MyFertility Report must be in accordance with these Terms and for lawful purposes only. You are expressly prohibited from using the Service in any manner that:

• Violates any applicable law, regulation, or legal obligation.
• Infringes upon or misappropriates the intellectual property rights of Smart Reports LLC or others.
• Distributes, transmits, or promotes content that is harmful, offensive, inappropriate, or unlawful, including defamatory, libelous, obscene, discriminatory, or harassing content.
• Attempts to disrupt, degrade, impair, or gain unauthorized access to the Service, its systems, or networks.
• Involves reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying algorithms of any part of the Service.
• Is used to introduce or propagate malware, viruses, worms, Trojan horses, or other harmful code.
• Seeks to impersonate any individual or entity, or falsely represent your affiliation with any individual or entity.
• Is used for spamming, phishing, or distributing unsolicited communications.

Smart Reports LLC reserves the right to monitor your use of the Service to ensure compliance with these Terms. We may take any action we deem necessary to address violations, including, but not limited to, suspending or terminating your account and reporting unlawful activities to relevant law enforcement authorities.

Smart Reports LLC is committed to protecting its intellectual property and respecting yours.

• Ownership of MyFertility Report: Smart Reports LLC is the exclusive owner of all rights, title, and interest in and to MyFertility Report. This includes, without limitation, the Fertilia AI assistant, AI models, algorithms, software, design elements, and all other intellectual property associated with the Service's operation and creation. By using our Service, you acknowledge that you do not acquire any ownership rights in MyFertility Report or its underlying technology, which remain the sole property of Smart Reports LLC and its licensors.
• Your Input Data and MyFertility Reports: You retain ownership of the data you input into MyFertility Report. The personal information and fertility-related details you provide in the assessment are yours. However, to enable MyFertility Report to function effectively and to facilitate ongoing improvements for all users, you grant Smart Reports LLC a non-exclusive, worldwide, royalty-free, and revocable license. This license permits us to use, reproduce, process, adapt, and analyze your input data and the MyFertility Reports generated therefrom. This license is strictly limited to the following purposes:
  • Generating and delivering your personalized MyFertility Report and providing you with the intended features of the Service.
  • Operating, maintaining, and enhancing MyFertility Report, including training and refining our AI models to improve their accuracy, relevance, and overall effectiveness in fertility analysis and reporting.
  • Conducting anonymized and aggregated research and development to further improve the Service, innovate new features, and benefit the broader MyFertility community.

  You have the right to revoke this license at any time by deleting your account, as detailed in Section 9 "Termination." Upon account deletion, we will initiate the process of removing your personally identifiable data from our active systems, subject to our data retention policies. Please note that anonymized and aggregated data may be retained for ongoing service improvement.

• Feedback and Suggestions: We highly value user feedback as it helps us enhance MyFertility Report. Should you choose to provide any feedback, suggestions, or ideas regarding the Service, you grant Smart Reports LLC a perpetual, irrevocable, worldwide, royalty-free, and transferable license. This license allows us to freely use, implement, and incorporate your feedback into the Service or for any other business purpose, without any obligation to provide attribution or compensation to you. This ensures we can continuously improve MyFertility Report for the benefit of all users.

At Smart Reports LLC, the privacy and security of your personal information are of utmost importance. We are dedicated to protecting your data and maintaining transparency about our data practices. We strongly encourage you to read our comprehensive Privacy Policy to fully understand how we collect, use, store, and protect your information. The Privacy Policy is an integral part of these Terms and provides detailed insights into our data handling procedures and your rights.

Our Privacy Policy is designed to be clear and accessible, reflecting our commitment to complying with all applicable privacy regulations, including the California Consumer Privacy Act (CCPA) for California residents. It clearly articulates your rights regarding your personal data and how we ensure its protection.

Here are key highlights from our Privacy Policy, summarized for your convenience:

• Information We Collect: We primarily collect data to deliver and enhance MyFertility Report. This includes:
  • Account Information: During registration, we collect your email address and a password (which is hashed and securely stored) to manage your account. Notably, we do not collect personally identifiable information such as your name, date of birth, or physical address.
  • Fertility Assessment Input Data: The answers you provide to the fertility assessment questions are essential for Fertilia to generate your personalized MyFertility Report.
  • Usage Data: We collect anonymized data related to your interactions with MyFertility Report, such as feature usage and session durations. This data helps us understand user behavior and improve the Service's functionality.
• How We Use Your Information: The information we collect is used for the following core purposes:
  • Generating Your MyFertility Report: Your input data is processed by our AI algorithms to create your personalized fertility report.
  • Service Improvement and AI Enhancement: Anonymized and aggregated data is utilized to train and refine our AI models, improve the accuracy and effectiveness of MyFertility Report, and develop new features to better serve our users.
  • Limited Communication: We may use your email address to send you critical service updates, security notifications, or to respond to your customer support requests. Marketing communications will only be sent to you if you have provided explicit consent.
• Data Security Measures: We employ robust security measures to protect your information against unauthorized access, use, or disclosure:
  • Encryption Technologies: We utilize industry-standard encryption to secure your data both in transit and at rest.
  • Secure Server Infrastructure: Your data is stored on secure servers located in the United States, protected by advanced firewalls and stringent access controls.
  • Data Minimization Principles: We adhere to data minimization, ensuring we collect and retain only the information necessary for providing and improving MyFertility Report.
  • Regular Security Audits: We routinely conduct security audits to proactively identify and mitigate potential vulnerabilities, ensuring our security practices remain cutting-edge and effective.

For a comprehensive understanding of our data privacy practices and your rights, we strongly encourage you to review the full Privacy Policy. Your trust is of utmost importance to us, and we are fully committed to protecting your privacy throughout your experience with MyFertility Report.

MYFERTILITY REPORT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SMART REPORTS LLC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF ANY CONTENT OR INFORMATION GENERATED BY THE SERVICE. YOUR USE OF MYFERTILITY REPORT IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART REPORTS LLC, INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, MYFERTILITY REPORT; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SMART REPORTS LLC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO SMART REPORTS LLC FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID FOR THE SERVICE, THE AGGREGATE LIABILITY OF SMART REPORTS LLC SHALL BE LIMITED TO $100 USD.

Termination by You: You may terminate your account and use of MyFertility Report at any time. You can easily delete your account directly through your user dashboard. Detailed instructions on how to delete your account can be found here.

Termination by Us: Smart Reports LLC reserves the right to terminate or suspend your access to the Service at any time, with or without cause, and with or without prior notice. Reasons for termination may include, but are not limited to, violation of these Terms, suspected fraudulent or illegal activity, or for business reasons.

Effects of Termination: Upon termination, your right to access and use MyFertility Report will immediately cease. Following termination, we may delete any data associated with your account, although we may retain anonymized and aggregated data for analytical and service improvement purposes, as outlined in our Privacy Policy.

These Terms and Conditions, and your entire relationship with Smart Reports LLC concerning these Terms, are governed by and shall be interpreted in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. This means that Delaware law will be the legal framework for resolving any issues arising from these Terms or your use of MyFertility Report, irrespective of your location.

You irrevocably agree that any legal action or proceedings arising out of or relating to these Terms or your use of MyFertility Report must be instituted exclusively in the state or federal courts located within Delaware. By using MyFertility Report, you expressly consent to the personal jurisdiction of these courts for any such legal actions.

At Smart Reports LLC, we prioritize user satisfaction and believe in resolving concerns efficiently and amicably. If you encounter any disputes or issues arising from these Terms or your use of MyFertility Report, we strongly encourage you to first contact our support team directly at [email protected] to seek an informal resolution. We are committed to making reasonable efforts to address your concerns and find a mutually satisfactory solution through good-faith negotiation.

Binding Arbitration: In the event that informal resolution is unsuccessful, you and Smart Reports LLC agree that any unresolved dispute arising out of or relating to these Terms or the Service shall be exclusively and finally resolved through binding arbitration. This arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect. The arbitration proceedings shall be conducted in Newark, Delaware, and the language of arbitration shall be English. The arbitrator's decision will be final and legally binding on both parties and may be enforced in any court of competent jurisdiction. Each party will bear its own attorneys' fees and costs associated with the arbitration; however, the fees and expenses of the arbitrator will be shared equally between the parties as per AAA rules.

By agreeing to these Terms, you are waiving your rights to have your dispute heard in court before a judge or jury and are agreeing to submit to binding arbitration.

Smart Reports LLC reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will endeavor to provide you with at least [Number] days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We will notify you of material changes by sending an email to the address associated with your account. For non-material changes, we may not provide direct notification, so we encourage you to periodically review these Terms for any updates.

By continuing to access or use MyFertility Report after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you are no longer authorized to use the Service and should terminate your account.

MyFertility Report is powered by sophisticated Artificial Intelligence to offer fertility insights. As an AI-driven service, it is essential to be aware of its inherent characteristics and limitations. Please carefully consider the following points:

• AI Model Limitations and Nature of AI-Generated Reports: You acknowledge and understand that MyFertility Report utilizes AI models, which, despite their sophistication, are not infallible. AI models learn from extensive datasets and complex algorithms but are not a replacement for human medical expertise or clinical judgment. Consequently, MyFertility Reports:
  • Are Not Medical Diagnoses: They are explicitly for informational and educational purposes only and should never be interpreted as medical diagnoses, prognoses, or treatment recommendations.
  • Potential for Inaccuracies and Biases: AI models, like any technology, may occasionally produce outputs that are inaccurate, incomplete, biased, or unexpected. This can arise from limitations within the training data, the complexities of AI algorithms, or the probabilistic nature of AI itself.
  • Necessity of Human Interpretation and Medical Consultation: The insights provided in MyFertility Reports are intended to support, not replace, your consultations with healthcare professionals. You should always review and interpret these insights in consultation with a qualified healthcare provider. Always seek the advice of your physician or other qualified health provider for any questions you may have regarding your health or fertility.
  • No Guarantee of Outcomes: Smart Reports LLC does not and cannot guarantee any specific outcomes or results from using MyFertility Report. Fertility is deeply personal and multifaceted, and while AI can offer valuable insights, it cannot promise or ensure success.

  While we are dedicated to continuous improvement of our AI models to enhance their accuracy and reliability, we cannot warrant that they will always be flawless or perfectly align with every user's expectations. By using MyFertility Report, you accept these intrinsic limitations of AI technology in the context of fertility analysis.

• Limited Human Oversight: MyFertility Report is fundamentally an automated service. The generation of MyFertility Reports and the operation of the Fertilia AI assistant are largely automated processes with minimal direct human oversight during individual report generation. Our primary focus is on the continuous enhancement of our AI models and the overall system through ongoing monitoring and analysis of aggregated, anonymized data.
• Evolving Nature of AI and Service Adaptations: AI technology is in a state of constant evolution. As we continue to conduct research, refine, and advance our AI models, the functionality, features, and nature of insights offered by MyFertility Report may be subject to change over time. While we are committed to keeping you informed about significant updates or changes to the Service, Smart Reports LLC reserves the right to modify or update MyFertility Report at any time without providing direct, prior notice to individual users. Your continued use of the Service after any such modifications are implemented signifies your acceptance of these changes. We recommend that you periodically review these Terms and Conditions to stay informed of any updates.
• Use of Data for AI Model Enhancement (Privacy-Preserving Approach): To ensure the ongoing improvement of MyFertility Report and to enhance the precision and effectiveness of our AI models for the collective benefit of our users, we may utilize your data, including your input data and anonymized insights derived from your MyFertility Reports. It is critically important to emphasize that this data is always used in an anonymized and aggregated format. We are deeply committed to protecting your privacy and strictly adhere to the data privacy principles detailed in our Privacy Policy. This commitment includes:
  • Anonymization and Aggregation: We rigorously remove all personally identifiable information from your data before it is combined with data from other users. This aggregated, anonymized dataset is then used for AI model training and service enhancement.
  • Commitment to Non-Identification: Our processes are meticulously designed to ensure that you cannot be personally identified from the data utilized for AI improvement.
  • Adherence to Privacy Policy: Our utilization of data for AI enhancement is consistently conducted in full compliance with our Privacy Policy and all relevant data protection regulations.

  By using MyFertility Report, you explicitly consent to the use of your data in this anonymized and aggregated manner for the express purpose of improving the Service and advancing our AI models, as further elaborated in our Privacy Policy.