Application Terms and Conditions

FEMICODE SERVICE TERMS AND CONDITIONS

MEDICAL DISCLAIMER

1. The FEMICODE Service and all reports, analyses, parameters, lifestyle guidance and educational content presented therein are intended SOLELY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES and to support general well-being, fitness, health prevention and a healthy lifestyle (well-being & lifestyle).
2. FEMICODE IS NOT A MEDICAL DEVICE within the meaning of Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices (MDR). The Service and the results generated through it are not intended for the diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of any disease or physiological disorder, including, in particular: premature ovarian insufficiency (POI), polycystic ovary syndrome (PCOS), insulin resistance, ovulation disorders or infertility.
3. The algorithms and AI Engine of the Service analyse statistical data in order to identify general health-related correlations and trends at population level. All results, reports and descriptors generated by the Service are provided solely for illustrative and supplementary purposes. They MUST NOT be treated as a medical diagnosis, medical opinion or basis for making any therapeutic, pharmacological or diagnostic decisions without prior consultation with a qualified medical specialist.
4. The User uses the Service at her own responsibility. In the event of any symptoms of illness, deterioration in well-being or concerns regarding hormonal or reproductive health, the User should promptly contact a gynaecologist, endocrinologist or another appropriately qualified medical specialist.

PART I. GENERAL PROVISIONS AND LEGAL FRAMEWORK

§ 1. Introductory Provisions and Service Provider

1. These Terms and Conditions set out the detailed rules, conditions and scope of use of the online service operating under the name FEMICODE (hereinafter: the “Service”), the rules governing the conclusion, performance and termination of agreements for the provision of electronic services, primarily in the B2C model, the procedure for one-off payments for Reports, as well as the rights and obligations of Users and the Operator.
2. The owner, creator, sole holder of rights and Operator of the Service is LIFE 3.0 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Olsztyn, Poland (ul. Chabrowa 6, 10-843 Olsztyn), entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Olsztyn, 8th Commercial Division of the National Court Register, under KRS number: 0001181735, with share capital of PLN 5,000.00, Tax Identification Number (NIP): 7394019113 and National Business Registry Number (REGON): 542137104 (hereinafter: the “Operator”).
3. These Terms and Conditions constitute regulations for the provision of services by electronic means within the meaning of Article 8 of the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means and regulate the obligations of intermediary service providers within the meaning of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act – “DSA”).
4. The Operator’s contact details for matters relating to the Service, complaints and technical issues are as follows:
   1. correspondence address: LIFE 3.0 Sp. z o.o., ul. Chabrowa 6, 10-843 Olsztyn, Poland;
   2. email address: office@femicode.io.
5. These Terms and Conditions are made available to Users free of charge via www.femicode.io before the User begins completing the Questionnaire, in a manner allowing them to be downloaded, reproduced, printed and saved on the User’s local device.

§ 2. Consumer Relationship and User Declarations

1. The Services provided through the Service are intended exclusively for natural persons acting for purposes not directly related to their business or professional activity (consumers within the meaning of Article 22¹ of the Polish Civil Code) and natural persons conducting sole proprietorships, where use of the Service is not of a professional nature resulting from the subject matter of their business activity.
2. Before completing the Questionnaire and before purchasing a Report, the User is required to declare that:
   1. she has full legal capacity;
   2. she has read these Terms and Conditions, understands the nature of the Service and accepts all of their provisions without reservation;
   3. the data provided by her in the Questionnaire and payment form are true, complete and not misleading.

PART II. DEFINITIONS

§ 3. Definitions

Whenever the following capitalised terms are used in these Terms and Conditions, they shall have the meanings set out below:

1. Artificial Intelligence Act (AI Act) – Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence;
2. Price List – a statement of the amount of the one-off fee charged for generating and providing access to the Report, displayed clearly in the Service interface before an order is placed and payment is made;
3. Input Data (Input) – any data, including special categories of data (data concerning intimate health, the menstrual cycle, reported symptoms and lifestyle), entered independently, voluntarily and manually by the User in the Questionnaire;
4. Payment Provider – an external authorised payment services provider (e.g. Stripe, PayU, Apple Pay, Google Pay) integrating payment systems and processing cashless transactions on behalf of the Operator;
5. DSA (Digital Services Act) – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC;
6. Questionnaire – an interactive electronic questionnaire available on the Service website, used by the User to manually enter Input Data for the purpose of preparing a free preliminary summary and subsequently generating a paid Report;
7. Operator – LIFE 3.0 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Olsztyn, as described in detail in § 1(2) of these Terms and Conditions;
8. Medical Partner – a third-party entity conducting medical, laboratory or diagnostic activities, commercially cooperating with the Operator, whose facilities or services may be recommended in the Service or in the Report;
9. Privacy Policy – a separate document specifying in detail the rules, purposes, legal grounds and duration of the processing of Users’ personal and health-related data by the Operator;
10. AI Content Labelling Procedure – the Operator’s internal document implementing the requirements of the Artificial Intelligence Act regarding the labelling of synthetic and generative content with visible and machine-readable metadata;
11. AI Interaction Disclosure Procedure – the Operator’s internal operational policy defining the technical and communication rules for informing Users about direct interaction with artificial intelligence algorithms;
12. Report – an output document generated in digital form (as a PDF file downloadable in the browser or sent to the email address provided in the payment form), constituting one-off paid digital content that summarises the Input Data analytically and contains statistical descriptors, general lifestyle optimisation guidance and a standard recommended health prevention pathway;
13. Terms and Conditions – this document setting out the detailed rules, conditions and scope of the provision of Services by electronic means through the Service and constituting regulations within the meaning of Article 8 of the Act on the Provision of Services by Electronic Means;
14. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC;
15. Service – the online platform made available by the Operator under the femicode.io domain, intended for presenting the Questionnaire, processing Input Data and generating and selling the Report on a one-off basis;
16. AI Engine (Artificial Intelligence) – an artificial intelligence system implemented within the structure of the Service and classified as a limited-risk system within the meaning of Article 50 of the EU Artificial Intelligence Act, based on Machine Learning algorithms and analysing Input Data in order to generate descriptive correlations, trends and personalised textual well-being summaries in the Report;
17. Force Majeure – an external and extraordinary event that could not have been foreseen or prevented despite the exercise of the highest degree of care and which makes it temporarily or permanently impossible for the Operator to perform its contractual obligations;
18. Agreement – an agreement for the provision of services by electronic means (with respect to free access to the Questionnaire and presentation of the preliminary summary) or an agreement for the supply of digital content in the form of a completed Report (with respect to a one-off purchase transaction), concluded between the Operator and the User under the terms set out herein;
19. Service / Services – all services provided electronically by the Operator to the User under the Agreement, including in particular: free access to the interactive Questionnaire together with generation of a preliminary summary and the paid generation and delivery of the Report as digital content, using automated analysis of Input Data by the AI Engine;
20. User – a natural person referred to in § 2(1) of these Terms and Conditions who uses the resources and Services offered through the Service on the basis of an Agreement concluded with the Operator.

PART III. TECHNICAL REQUIREMENTS, AVAILABILITY AND SYSTEM STABILITY

§ 4. Technical Requirements and No External Integrations

1. In order to use the Service, complete the Questionnaire and download a purchased Report properly and without disruption, the User’s IT system must meet the following minimum technical requirements:
   1. a desktop device (computer or laptop) or mobile device (smartphone or tablet) with Internet access;
   2. a properly configured and up-to-date web browser (e.g. Google Chrome, Mozilla Firefox, Safari, Microsoft Edge) supporting cookies, HTML5 and JavaScript;
   3. an active and properly configured email account required to receive the purchase confirmation and the generated Report in PDF format.
2. The Service is not a mobile application and does not require the installation of any software on the User’s device. The Service is accessed exclusively through a web browser.
3. The Service operates solely on the basis of Input Data manually entered in the Questionnaire. The Service does not integrate with wearable devices, physical activity tracking applications or health databases stored on mobile devices, nor does it automatically collect any telemetry or biometric data.
4. The costs of Internet access, data transmission and maintenance of the technical infrastructure of the User’s device shall be borne exclusively by the User in accordance with the tariff of her telecommunications provider.

PART IV. RULES FOR USING THE SERVICE

§ 5. One-Off Transaction Process

1. Use of the Services does not require registration of an account or the creation of access passwords. The Service does not provide functionality for creating, maintaining, logging into or storing user profiles or accounts.
2. Use of the Service takes place as a one-off session and consists of the following stages:
   1. accessing the Service website at www.femicode.io;
   2. reading and accepting these Terms and Conditions and the Privacy Policy;
   3. manually and voluntarily completing the Questionnaire by answering questions regarding well-being, the menstrual cycle, age and lifestyle;
   4. reviewing the free general preliminary summary generated on-screen;
   5. placing an order for the full personalised Report, providing an email address necessary for delivery of the Report and making a one-off payment via the Payment Provider;
   6. automatic generation of the Report by the AI Engine and delivery of the Report as a PDF file available for download on the payment summary screen or sent directly to the email address provided.
3. Once the session has ended and the browser window has been closed, it is not possible to return to the generated Report through the Service website without retaining the PDF file delivered by email. Each new analysis requires the Questionnaire to be completed again.

§ 6. Security Rules

1. The User is obliged to use the Service and the Questionnaire in compliance with applicable law, good practice and these Terms and Conditions.
2. The Operator reserves the right to block access to the Service website, including by blocking IP addresses, and to refuse to provide Services to entities or persons who seriously breach the rules governing use of the Service, in particular where they:
   1. attempt to destabilise the Service, bypass technical safeguards or carry out reverse engineering of the Service code or AI Engine algorithms;
   2. use automated systems, bots, web robots or scraping techniques to copy Service resources or extract the training database;
   3. enter unlawful, vulgar or abusive content into the Questionnaire or content infringing personal rights or intellectual property rights of third parties;
   4. attempt to manipulate the AI Engine using prompt injection techniques.
3. The Operator shall not be liable for stored data unless:
   1. it obtains reliable knowledge of their unlawful nature and fails to take immediate action to remove them;
   2. it receives an official order requiring the removal of such content.

PART V. LIABILITY – NON-MDR MODEL

§ 7. Limitation of the Functional Scope of the Service and Report

1. The predictive algorithms of the FEMICODE AI Engine operate exclusively on Input Data manually entered by the User and statistical correlations derived from an anonymised historical database and do not constitute a validated clinical medical diagnostic pathway.
2. Where the Report generated by the Service and purchased by the User indicates potential correlations with specific disorders, such as reduced ovarian reserve or glycaemic disorders, it only provides information about the statistical similarity between the User’s parameters and a particular behavioural/lifestyle profile at population level. The Report is exclusively educational material intended to support the User’s self-awareness.
3. The Operator shall not be liable for:
   1. errors made by the User in interpreting the Report and any resulting failure or delay in seeking conventional treatment or any independent modification of the dosage of medication taken;
   2. failure to achieve expected health outcomes, improved well-being, pregnancy or menstrual cycle regulation on the basis of wellness guidance generated by the AI Engine in the Report;
   3. consequences arising from the User providing false, inaccurate or deliberately falsified Input Data in the Questionnaire;
   4. interruptions in the operation of the Service caused by Force Majeure, including war, fire, natural disasters, failure of global telecommunications infrastructure or Amazon Web Services servers, or technical interruptions attributable to Payment Providers.
4. The Operator’s liability towards the User for non-performance or improper performance of the Agreement, regardless of its legal basis, whether contractual or tortious, shall be limited to the price of the purchased Report and shall not include loss of profits, subject to mandatory provisions of Polish law protecting consumers, including provisions under which liability for personal injury may not be excluded or limited.

PART VI. PRIVACY OF SENSITIVE DATA AND GDPR ARCHITECTURE

§ 8. Conditions for Processing Special Categories of Data – Article 9 GDPR

1. Due to the nature of the Service, entering Input Data in the Questionnaire involves the processing of special categories of personal data within the meaning of Article 9(1) GDPR, including data concerning intimate health, sexuality and the menstrual cycle.
2. Special categories of personal data are processed on the basis of the User’s explicit and unambiguous consent pursuant to Article 9(2)(a) GDPR, collected through a dedicated checkbox that is not pre-selected and is displayed directly before the completed Questionnaire is submitted for analysis by the AI Engine.
3. Completion of the Questionnaire and access to static information within the Service are entirely voluntary. The User is not required to purchase the paid Report in order to complete the free part of the Questionnaire and receive the preliminary summary.

PART VII. AI ACT COMPLIANCE

§ 9. Transparency and Disclosure of AI Interaction

1. Acting in accordance with Article 50(1) of Regulation (EU) 2024/1689 (AI Act) and the implemented AI Interaction Disclosure Procedure, the Operator ensures that the User is clearly, comprehensibly and unambiguously informed that she is interacting with an artificial intelligence system (AI Engine).
2. This information is presented in the form of a clear notice immediately before the User begins completing the Questionnaire.

§ 10. Labelling of AI Content and Reports

1. All analyses, descriptors, predictions, conclusions and recommendations generated by the AI Engine within the purchased Report (PDF file) or displayed on the Service screen are visibly and permanently labelled with information stating that the content has been prepared with the support of AI tools, in accordance with the AI Content Labelling Procedure.
2. The Operator also applies technical machine-readable markers (metadata) embedded in the digital structure of Report PDF files, enabling external IT systems to automatically identify the origin of the content.

PART VIII. ONE-OFF TRANSACTIONS AND NO DARK PATTERNS

§ 11. Pricing, One-Off Payments and No Subscription

1. Completing the Questionnaire and reviewing the general preliminary summary in the Service are free of charge. Obtaining the full detailed Report generated by the AI Engine in PDF format is subject to payment.
2. The purchase of the completed Report constitutes a one-off transaction. The Service does not offer continuous contracts or subscriptions, does not automatically renew payments, does not store payment cards for future charges and does not charge any recurring fees.
3. An order for a Report is placed by providing an email address, selecting a payment method and clicking a button clearly indicating the obligation to pay. Completion of the transaction, collection of payment by the Payment Provider and commencement of generation of the Report by the AI Engine are conditional upon the User actively, voluntarily and unambiguously selecting a dedicated checkbox containing a declaration acknowledging the waiver and loss of the right of withdrawal once the digital content has been supplied.
4. Following successful payment, the Payment Provider sends confirmation to the Service, which triggers the immediate generation of the PDF file and its delivery to the email address provided.

PART IX. DIGITAL SERVICES ACT – DSA COMPLIANCE

§ 12. Contact Point for Authorities and Users

1. In fulfilment of the obligations arising under Articles 11 and 12 DSA, the Operator designates office@femicode.io as the dedicated contact point for direct communication with Member State authorities, the European Commission, the European Board for Digital Services and Users in matters relating to implementation of the DSA. Communication is conducted in Polish and English.
2. All enquiries and notifications concerning potentially illegal content within the Service should be sent to office@femicode.io and should include the grounds for the notification, the exact location of the content (URL) and the contact details of the notifying person, in accordance with the procedure described in Article 16 DSA.

§ 13. Recommender Systems

1. Where recommendations concerning medical facilities, diagnostic laboratories or products of Medical Partners are presented within the Service or the generated Report, the order and selection of recommendations are based on objective and transparent ranking parameters:
   1. geographical distance – matching facilities based on geolocation or the postal code declared by the User in the Questionnaire;
   2. substantive scope – matching the profile of the Medical Partner’s facility to the indicators identified in the Questionnaire;
   3. commercial relationships – any recommendations resulting from commercial agreements are clearly, visibly and unambiguously labelled in the Service interface and Report using wording such as “Medical Partner”, “Sponsored” or “Advertisement”.

PART X. WITHDRAWAL FROM THE AGREEMENT AND COMPLAINTS

§ 14. Withdrawal from the Agreement and Exclusions

1. A User who is a consumer generally has the right to withdraw from the Agreement for the provision of services by electronic means, concerning access to the Questionnaire, without giving any reason within 14 days of its conclusion; however, this service is provided entirely free of charge.
2. The User acknowledges, expressly confirms and accepts that the purchased Report constitutes digital content not supplied on a tangible medium. Since the generation and delivery of the Report in PDF format begins immediately after payment is credited, following the User’s prior express consent and after informing her that she will lose the right of withdrawal, the right to withdraw from the agreement for the purchase of the Report and to request reimbursement of the payment expires once the transaction has been completed.

§ 15. Complaint Procedure

1. The User has the right to submit a complaint concerning improper functioning of the Service, technical errors encountered while completing the Questionnaire, inability to download the Report or defects in the PDF file delivered to the email address.
2. Complaints should be submitted electronically to: office@femicode.io.
3. A properly submitted complaint should include the email address provided at the time of purchase, the transaction number received from the Payment Provider, a description of the issue and the User’s specific request, for example regeneration and delivery of a correct PDF file or reimbursement of the one-off fee.
4. The Operator shall consider the complaint within 14 days of receipt and respond directly to the User’s email address.
5. A User who is a consumer has the right to use out-of-court complaint and redress procedures. Detailed information and relevant procedures are available from district or municipal consumer ombudsmen and on the website of the Polish Office of Competition and Consumer Protection (UOKiK): uokik.gov.pl.

PART XI. INTELLECTUAL PROPERTY – IP PROTECTIONS

§ 16. Ownership and Licence Restrictions

1. All economic copyrights, industrial property rights and database rights relating to the FEMICODE Service, including in particular the website source code, graphical interface, layout, Questionnaire structures, question methodology, weights and hyperparameters of artificial intelligence models, training databases, educational texts, the “Femicode” trade name, logo and femicode.pl domain, constitute the exclusive intellectual property of LIFE 3.0 Sp. z o.o. and are fully protected under the Polish Act of 4 February 1994 on Copyright and Related Rights and the Act of 27 July 2001 on Database Protection.
2. Upon generation and payment for the Report, the Operator grants the User a non-exclusive, non-transferable, personal and non-assignable licence, territorially limited to the European Union, to use the downloaded Report file exclusively for her own private, non-commercial purposes related to well-being, without any time limitation.
3. Under pain of civil and criminal liability, the User is strictly prohibited from:
   1. copying, decompiling, reverse engineering, disassembling or otherwise attempting to reconstruct the source code of the Service or algorithms of the AI Engine;
   2. using scraping techniques, web robots or automated data collection systems to copy Service resources;
   3. using the purchased Report, graphics or diagrams for resale, publication on online forums or use in competing activities.

PART XII. FINAL PROVISIONS

§ 17. Amendments to the Terms and Conditions

1. The Operator reserves the right to amend these Terms and Conditions for valid reasons, including:
   1. changes to generally applicable laws, in particular the GDPR, AI Act, DSA and the Polish Consumer Rights Act;
   2. court judgments or administrative decisions issued by the President of the Office of Competition and Consumer Protection (UOKiK), the President of the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products (URPL), or the President of the Personal Data Protection Office (UODO);
   3. technical and operational changes to the structure of the Service, implementation of new Questionnaire functionalities, changes to payment methods or changes of Payment Providers.
2. Due to the absence of account registration and the absence of User contact data stored in a permanent profile database, the Operator shall inform Users about amendments to these Terms and Conditions by publishing the new version on the Service website.
3. A transaction for the purchase of a completed Report shall be governed by the version of the Terms and Conditions accepted by the User at the time the order is placed and payment is made.

§ 18. Severability and Governing Law

1. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Polish Civil Code, the Act on the Provision of Services by Electronic Means, the Consumer Rights Act, the GDPR, the Artificial Intelligence Act and the DSA.
2. If any provision of these Terms and Conditions is found to be invalid, ineffective or unenforceable under applicable law, this shall not affect the validity and effectiveness of the remaining provisions, which shall remain in full force and effect.
3. Any disputes arising between the Operator and the User shall first be resolved amicably through negotiations. If no agreement can be reached, disputes shall be resolved by the competent court having subject-matter and territorial jurisdiction.