These terms concern your (“You”, “Your”) use of kerned ltd.’s (“kerned”, “We”, “Us”) forecast service to calculate a pregnant woman’s most likely delivery date and the child’s estimated birth weight and birth length (“Pregspect” or “Service”).
The latest version of the Terms is always available on Our website. The version of the Terms available at the time You use Pregspect is the version to be applied in relation to Your use and/or purchase of the Service.
2. The Pregspect service
Pregspect is a service offered by kerned ltd. (corporate identity number 559262–9215). The Service consists of a tool for estimating a pregnant woman’s most likely delivery date, where the calculation is based on a unique forecasting model developed by researchers at Uppsala University.
The Service is offered in two variants: a variant free of charge (“Our Early Forecast”) and a variant requiring a payment (“Our Best Forecast”).
By giving us access to information on, for instance, the age of the pregnant woman, whether or not she has given birth before, if the foetus is a boy or girl, etc., We can offer You the most likely delivery date for this particular pregnant woman based on this information and our unique forecasting model. The result will be delivered to Your email address within one (1) hour from when Your payment has been completed or, for Our Early Forecast, when You have clicked on the button “Get my result”.
Our Early Forecast
You can use this forecast if the pregnant woman has not yet undergone an ultrasound examination. In such a case, You do not have access to all the information required to make the best possible personalised calculation (Our Best Forecast), but We can still use the information You do have access to and make an individual calculation of the most likely delivery date based on the first day of Your last period.
Our Best Forecast
This forecast model is aimed at those having undergone an ultrasound examination. This forecast combines ultrasound data with personal information on the pregnant woman and her baby to inform You of the most likely delivery date. You will also be informed of the child’s estimated birth weight and birth length.
This is the most personalised delivery date forecast available on the market.
3. Specific conditions for Our Best Forecast
By paying £ 10 (regular price, incl. VAT), You will receive more specific information than that offered in the framework of Our Early Forecast.
No delivery charges or similar will be added.
By purchasing Our Best Forecast, You agree that You do not have any right of withdrawal or right of complaint in relation to the Service. If You have any questions, concerns or wish to make a complaint, We welcome You to contact Us using the contact information listed below in section 9.6.
Should you not be happy with our forecast result, you have the right to request a full refund of your order within 14 calendar days from your order date.
4. Your use of Pregspect
You agree that the Service may only be used within the framework of its intended purpose. Unless otherwise expressly stated in these Terms, You agree that in connection with using the Service or the website, You may not publish, transfer, redistribute, upload or promote any communication or content that may adversely affect or otherwise harm the Service, the website or the overall operations of kerned. You further agree that You may not restrict, impede, interfere or stop any other user in his or her use of the Service and/or the website or otherwise act in a manner that affects or may affect the website or the security of the Service.
5. Abuse of Pregspect and/or Our website
We reserve the right to restrict or prohibit You from accessing the Service if:
• We believe that You are infringing on our intellectual property rights and/or the intellectual property rights of third parties; and/or
• We believe that You are acting contrary to the purpose of these Terms, other frameworks or guidelines communicated by Us and/or in relation to applicable law.
This section does not limit the right of kerned to impose other sanctions on You or other users. You shall reimburse Us in full for all losses and costs (including reasonable costs for legal representation) incurred by Us as a result of Your breach of this provision, the Terms at large or as a result of Your breach of applicable law or infringement of Our or a third party’s intellectual property rights.
6. Your information and Our intellectual property rights
6.1 How We use Your information
When using the Service, You share certain information with Us, such as Your name, email address, information on Your pregnancy, Your partner’s pregnancy or the pregnancy of a loved one as well as communication sent to Our contact information listed below. By sharing this information with Us, You grant Us an unlimited, non-exclusive, irrevocable, global, eternal, cost-free, fully transferable and fully disposable right to use this information in an anonymised form for the purposes and in the media, channels, technologies and areas determined by Us from time to time. This disposal shall also, insofar no restrictions are imposed by law, include Your moral rights to this information.
6.2 Our intellectual property rights
All intellectual property rights, such as trademarks, copyrighted works or related rights, designs available on the website or through the Service, belong solely to Us. Any use (including copying and storage) of the Service, the website and its respective content is prohibited for purposes other than non-commercial and personal use.
Trademarks (e.g., wordmarks, logos, slogans, etc.) displayed on the website constitute trademarks, all of which are owned by Us. Your use of the Service and/or the website shall not be construed as a direct or indirect license or right to use any of Our trademarks, unless otherwise agreed in writing between You and Us.
7. Our liabilities and limitations of liability
We strive to provide You with a high-quality service, which is why We aim to maintain a good and secure access to the Service and the website. The Service and the website are provided “as is”. Updates in terms of content, functionality, etc. may be made from time to time, which means that some features of the Service may be unavailable due to interruptions related to, for example, maintenance or events beyond Our control, which You also accept. All pregnancies and how the foetus develops are unique. Hence, please note that the most likely delivery date generated by Your use of Pregspect is not a certain forecast. You use the Service at Your own risk and the results generated by the Service do not constitute medical advice. We take no medical responsibility whatsoever for Your use of Pregspect and advise You to always consult Your midwife and/or doctor if You have any questions related to the development or medical condition of You or Your foetus.
To the extent permitted by mandatory law, We shall not in any event be liable for any indirect damages suffered by You. Indirect damages include but are not limited to loss of data, loss of business ventures, loss of profits, loss of reputation or other damages not reasonably foreseeable and caused directly or indirectly by:
1. Your use of the Service or the fact that You have not been able to use it;
2. Viruses or other malicious software spread by You when connecting or linking to the Service;
3. Suspension or other actions taken by Us in relation to Your use of the Service.
We are not responsible for failure to deliver the Service or fulfil any other obligations under the Terms where such a failure is due to circumstances beyond Our control, including but not limited to fire, pandemics or epidemics, government decisions, floods, storms, riots or similar disturbances, war, terrorism, etc.
Regardless of whether We, and contrary to the above, are held liable in any respect, Our liability to You or to third parties is limited to one thousand Swedish kronor (£ 1,00).
This provision shall not limit Our liability in the event of willful intent or gross negligence or Our liability under mandatory law.
8. Processing personal data
9.1 Updating the Terms
We reserve the right to modify, suspend or exclude all or part of the content and/or structure of these Terms when necessary as well as the content and/or structure of the Service without prior notice to You. Information on when the Terms were last updated is presented in the top-right corner of the document. If You require a copy of the current or previous version of the Terms, please contact Us using the following email address: email@example.com
9.2 Validity of clauses
If one or more provisions of these Terms are invalid or are ruled out as inoperative by a court or regulatory agency, this shall not affect the validity of the remaining provisions.
9.3 Complete regulation
In the event that We choose not to take action if You or anyone else violates these Terms and/or other terms communicated by Us (available through the website), We shall not waive Our right to take action in respect to other or similar breaches of these Terms. We do not undertake to take action in respect of all violations of these Terms.
9.5 Dispute resolution and alternative dispute resolution
Swedish law shall apply to the Terms and to claims, disputes or other matters arising out of the interpretation or application of these Terms. Disputes shall be settled by a Swedish general court with the Stockholm District Court serving as the first and last instance.
As a consumer residing in the EU, You are entitled to alternative dispute resolution (ADR). ADR is an out-of-court procedure aimed at resolving domestic and cross-border disputes concerning contractual obligations arising from a purchase or service agreement between a company and a consumer both of which are located within the EU borders. Through the process of ADR, the parties to the dispute are encouraged or required to find a solution or be brought closer together in order to facilitate a settlement.
An alternative dispute resolution board is not a court but a neutral party (e.g., the Swedish Consumer Ombudsman or the National Board for Consumer Disputes) used by kerned to resolve disputes initiated by You or another consumer through an alternative dispute resolution process.
If You wish to initiate an alternative dispute settlement process, You may contact Your local dispute settlement board (see below) regarding Your claim against Us. The dispute resolution body may, in the event of established contact, inform You of the procedure as such and answer other questions relating to the process.
National Board for Consumer Disputes
101 23 Stockholm, Sweden
9.6 Contact information and company information
Company registration number: 12250091
VAT number: N/A
Address: Kemp House 152-160, City Road, London, EC1V 2NX (United Kingdom)
Telephone: +44 (0) 741 26 85 710