Terms and Conditions

General Terms and Conditions (GTC)
Ovy GmbH ("Ovy", "we", "us") provides products and software in the field of women's health. The "Ovy Service" includes all devices, including associated applications, software, app subscriptions, websites, APIs, products, and services.On www.ovyapp.com ("Website"), we provide information about the Ovy App and other Ovy products. The following terms of use, in their current version, apply to the Ovy App for iOS and Android and their premium versions, the use of the Website, and the sale of Ovy products.

Please read this User Agreement ("Ovy GTC" or "Agreement") carefully before using the Ovy Services. 

About Ovy GmbH
Ovy GmbH is the manufacturer and distributor of a cycle app for iOS and Android. Additionally, Ovy distributes products in the field of women's health. The use of the Ovy App and Ovy products is suitable for women of reproductive age (from 18 years old) for home use. The Ovy App is a standalone application software. Further information can be found in our Privacy Policy. The use of the Ovy App and Ovy products cannot replace a doctor's visit. The Ovy App is a Class I medical device according to MDD. The Ovy Bluetooth Thermometer is certified in Class IIa. From September 1, 2020, the Ovy App consists of a paid (all functions) premium version and a free version (certain functions).

Technical Requirements for the Ovy App
To use the apps properly, you must have compatible devices and certain software. The Ovy App supports smartphones with Android 6.0/Lollipop (or higher) or iOS 13.0 (or higher) and requires a stable internet connection. It is recommended to use the latest versions of the required software. For some smartphones, this may be a usage requirement. Regular updates of your devices may also be necessary. Using our apps also requires internet access. Please check before subscribing to Ovy Premium or purchasing the Ovy Bluetooth Basal Thermometer if the hardware and software you use allow the use of our apps.

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

Age Limit for the Ovy App
Persons who have not yet reached the age of 18 are excluded from using the Ovy App, may not transmit personal data to Ovy GmbH, and may not subscribe to the paid Ovy Premium version. Ovy Premium is offered exclusively to natural persons for their private use.

Registration for the Ovy App
We have developed the Ovy App for the iOS and Android operating systems. Only natural persons who have registered are entitled to use the Ovy App.

It is your responsibility to ensure the confidentiality of your username and password in connection with the use of the Ovy account. If you allow third parties to access your Ovy 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 unauthorized use of your Ovy account, you should inform Ovy GmbH. If the unauthorized use was not caused by Ovy GmbH, Ovy GmbH is not responsible for any damages resulting from the unauthorized use of your Ovy account.

To prevent misuse, a link will be sent to your specified email address upon registration. Although you do not need to confirm this link to use the Ovy App, we recommend doing so to confirm your email address with us. By activating the opt-ins and clicking the "Continue" button during the Ovy registration process, you agree to the GTC of Ovy GmbH. If you do not agree with this User Agreement and therefore do not complete the registration, you cannot use the Ovy App. If you do not fully complete the personal information questions in the following introduction, you can only use the Ovy App in a limited capacity.

Before your first use, we will ask you for various personal information as part of the registration process. Details about the required data and its use can be found in our Privacy Policy. This Privacy Policy, referred to as "Data Protection," not only informs you about how we protect and process your data but also requires your consent under relevant data protection regulations to provide you with the Ovy App. Therefore, we ask for your corresponding consent during registration.

There is no legal entitlement to the services of the Ovy App. Ovy GmbH reserves the right to refuse registration without stating reasons.

Notifications
Ovy GmbH may send you legally mandatory notifications and statements as follows: By email to the last email address you provided. You are obliged to provide accurate, current, and complete personal information and to update it in case of changes. You will not impersonate any other natural or legal person, falsely represent an affiliation with any such person or organization, or knowingly use another person's username, password, or access data.Contractual Area for the Ovy AppRegistration for the Ovy App is only open to residents of countries where we offer the Ovy Services (collectively, the "Contractual Area"). The Ovy App is available in six languages: German, English, Spanish, Italian, French, and Dutch.

Paid Subscription for the Ovy App

General
Downloading and using the Ovy App is free through the respective stores (generally the App Store for iPhone and Google Play Store for Android devices). Additionally, from September 1, 2020, a premium version of the Ovy App is offered, which is subject to a fee and involves ongoing payments (monthly or annually). The currently valid price is displayed in the respective App Store or Google Play Store. In addition to the app price, transmission costs from your provider may apply when downloading and using the apps. Your Ovy Premium membership/subscription is for a fixed term based on the subscription you choose ("Subscription Period"). The subscription grants access to all functions of the Ovy App. For more detailed information about the features of Ovy Premium, visit www.ovyapp.com and the Ovy App.

Registration
To register for the free and paid Ovy App, download the Ovy App for free from the Apple App Store or Google Play Store. Until August 31, 2020, the entire Ovy App can be used in full. From September 1, 2020, certain areas will be locked. If you click on one of the locks, you can start a trial version, including signing up for a membership with different durations and prices. All Ovy App users who have purchased an Ovy or Beurer Bluetooth Basal Thermometer by June 30, 2020, will receive unlimited free access to the Ovy App. The order date counts! The Bluetooth Basal Thermometer can still be used after June 30, 2020. If you purchase an Ovy Bluetooth Basal Thermometer from July 1, 2020, a free usage period in the Ovy App will be displayed to you, granting you free access to all premium features, including the completion of a membership with different durations and prices.

Prices
If you choose to use the Ovy Premium version, you will pay the price set for your country, which is displayed in the app. Unless otherwise agreed, prices include statutory VAT. Ovy GmbH reserves the right to change the service price at any time. Such changes do not affect already concluded contracts. The price is due regardless of how often and how much you use the Ovy App.

Payment
The payment for the membership is processed directly through the respective App Store - in this case, Apple's iTunes or Google's Play Store - via the user account stored there. The payment system of the respective App Store operator is used. If the respective service provider includes its own general terms and conditions (GTC) or terms of use, these apply exclusively to the payment processing. Merely clicking the purchase button in the Ovy App does not constitute a purchase contract for the paid premium version. The membership is only concluded after successful confirmation by the Store operator. The membership is paid for through your account in the respective store.

Trial Periods
Your subscription to Ovy Premium may start with a non-paid trial subscription ("Trial Period") from September 1, 2020. There is no entitlement to a trial period. We reserve the right to revoke this trial period at any time. Trial periods are only offered to new Ovy users. Special conditions apply to buyers of the Beurer or Ovy Bluetooth Thermometer, and the trial or free usage period will be displayed in the app. Until the end of the period, you can cancel your subscription at any time with your store operator. If you do not cancel your Ovy Premium subscription according to the following cancellation rules, the first payment will be collected immediately after the trial period ends. You will be informed of the duration of the trial period upon completing your registration. You will not receive a separate notification from Ovy GmbH about the end of the trial period or the start of your paid subscription.

Automatic Renewal of Subscription
After the trial period ends, the use will automatically transition to the paid premium version. The Ovy Premium subscription will also automatically renew for another subscription period unless you cancel it as described under "Cancellation." You will be informed of this in the purchase dialog. You may also receive a notification from your store operator when an automatic renewal is about to occur. If your subscription is renewed, your account will be charged 24 hours before the subscription period ends.

Cancellation of Ovy Premium Subscription
You can cancel your subscription at any time. The billing, management, and cancellation of the subscription are handled exclusively through the user's iTunes account or Google Play account. The subscription can be canceled at any time through the account settings in iTunes or Google Play. After the subscription ends, the Ovy App can only be used in the basic version. If you have an ongoing subscription, your cancellation will take effect at the end of the contractual term.

How to cancel your Google Play Store subscriptions or disable automatic renewal: Visit Google Play Help Page. 

How to manage, cancel your App Store subscriptions, or disable automatic renewal: Visit App Store Help Page. 

Right of Withdrawal
A 14-day right of withdrawal applies to consumers. This right of withdrawal can only be exercised with the store providers. Refunds for payments made in the Apple Inc. (iTunes) App Store or the Google LLC (Google Play Store) by Ovy GmbH are excluded. The general terms and conditions or terms of use of the store providers apply.

Refunds
Ovy GmbH does not offer refunds for subscription purchases. If the Ovy App does not perform as expected or you or a family member made the purchase by mistake, the purchase may qualify for a refund. You can only request a refund from your store operator. Please refer to the respective refund policies for more information.

To request a refund for purchases from the Apple Store visit App Store Help Page.

To request a refund for purchases from the Google Play Store visit Google Play Store Help Page. 

Availability of the Ovy App
We strive to provide access to our apps 24 hours a day, seven days a week. In the event of non-appearance of individual issues or disruptions in internet connectivity due to force majeure or labor disputes, there is no entitlement to performance, damages, or reduction of the subscription price. Temporary operational interruptions due to regular maintenance times, systemic internet disruptions with external network operators, and in cases of force majeure are possible. No liability is assumed for the constant availability of the online connection. Compensation claims for an operational interruption or system failure cannot be asserted.

Further Development of the Ovy App
Ovy GmbH is not obliged to further develop or maintain the service under this agreement. Ovy GmbH may, at its discretion, offer only limited technical support for the service. You understand that the service is evolving. As long as your license for the service is valid, you are entitled to upgrades or updates of the Ovy App. You agree that by using an upgrade or update, you voluntarily terminate your right to use a previous version. You may need to update third-party software and/or your device from time to time to use the service.

Questions, Error Reports, Improvement Suggestions for the Ovy App
If you notice technical bugs, error messages, or other reportable observations while using the Ovy App, or if you have improvement suggestions and/or questions not answered in the FAQ, please send us a message via the feedback function provided in the Ovy App or through the Ovy website, ideally with a description of the error and/or a screenshot or video.

Copyright
The content of our website and the Ovy App is protected by copyright. Ovy GmbH reserves all rights. Duplication, modification, distribution, or public reproduction of the Ovy website and Ovy App and their contents (images, texts, graphics, tables, product photos, videos, music, databases), in whole or in part, is not permitted without the express permission of Ovy GmbH. However, you may print or save content from the website for purely private purposes. Removing copyright notices and copyright symbols is not permitted.

The product names and brands mentioned and depicted on the websites or in the app are trademarks of Ovy GmbH, affiliated companies, or licensees, or trademarks of other rights holders, regardless of their font size or the presence of a trademark symbol. Unauthorized use of these trademarks is not permitted and may be prosecuted under applicable law.

By reporting malfunctions, observations, and/or improvement suggestions, you do not acquire any copyrights or co-authorship rights to Ovy GmbH or the Ovy App. 

Liability Rules 

Liability for the Use of Ovy
The use of the Ovy App is at the user's own risk.
We do not guarantee specific purposes or goals that you associate with or wish to achieve using the Ovy App. We do not promise that you can avoid pregnancy with the Ovy App. Similarly, we do not promise that you will become pregnant with the Ovy App. Our product aims to help you learn more about yourself, your body, and your cycle. Use is at your own responsibility and does not replace professional medical advice on menstrual health and/or pregnancy.

Do not use the Ovy Bluetooth Basal Thermometer, the Ovy App, or other products if you do not agree with this.

Liability for Content of the Ovy App & Website
We have compiled all content in our Ovy App and on our website to the best of our knowledge and with the greatest care. However, for technical and other reasons, it may happen that the information and data in the Ovy App are not (or are no longer) complete, current, or accurate. Ovy GmbH makes no warranties (whether express or implied) regarding the precise accuracy, completeness, reliability, or timeliness of the content published in the Ovy App. We strive to keep the Ovy App up to date with releases.

Liability for Malware and Third-Party Access
We are liable for unauthorized third-party access to the Ovy App and its content, as well as for the possible transmission of computer viruses, worms, trojan horses, or other harmful programs, only to the extent that we have failed to take reasonable and technical measures to prevent such access and attacks. You should take your own precautions to protect your device from malware (antivirus software, firewall).

Links to Third-Party Websites
Our app contains electronic references ("links") to external websites of third parties. The setting of such links is solely for the purpose of information and as an additional service for users of our Ovy App, without us expressing or implying any recommendation, approval, or endorsement of the linked content. At the time of linking, no illegal content was identifiable on the linked websites. However, we have no influence on the design or updating of the content of the linked websites. The respective operator is solely responsible for the design and content of the linked websites. We, therefore, do not assume any responsibility for the legality of the design and content of linked websites. If you become aware of a legal violation on a linked website, please inform us so that we can remove any affected links.

Limitation of Liability for the Ovy App
You understand and acknowledge that Ovy GmbH is not responsible for network issues related to the operation of the service and that changes in network configuration may affect system performance. You acknowledge and agree that Ovy GmbH has no liability for the use of the services contained herein. Your sole right or remedy for any issues or dissatisfaction with the service is to uninstall or discontinue the use of the service, without prejudice to your statutory consumer rights.

Ovy GmbH shall not be liable for any personal injury or death related to the use of the services, or for any direct, indirect, special, or consequential damages arising from the use or inability to use the services. In no event shall the maximum liability of Ovy GmbH exceed the service fees paid to Ovy GmbH. You expressly acknowledge that Ovy GmbH is not liable for third-party content or the defamatory, offensive, or illegal conduct of third parties.

System Requirements for Android Ovy Bluetooth Thermometers
From time to time, the Android operating system may encounter issues with Bluetooth devices. Most problems can be easily resolved by re-pairing the Bluetooth device. More information can be found here.

Ovy GmbH generally does not guarantee that pairing and transmission will work flawlessly with devices from Huawei, Samsung, or Xiaomi.

The following is a list of Android models that frequently experience pairing and transmission issues with the Bluetooth Basal Thermometer:

List of Android Models with Known Issues: 
Gigaset GS185 2018
Huawei P10 lite (HWWAS-H)
Huawei Honor View 10 (BKL-L09)
Huawei Mate 20 Lite (SNE-LX1)
Huawei P10 (VTR-AL00, VTR-L09, VTR-L29, VTR-TL00)
Huawei P20 (EML-L09, EML-L22, EML-L29)
Huawei P30 (ELE-L04, ELE-L09, ELE-L29, ELE-TL00)
Lenovo (Medion) LifeTab P831X (LIFETAB_P831X)
Samsung Galaxy Note 4 (SM-N910F)
Samsung Galaxy (SM-A515F)
Samsung Galaxy A5 2017 (SM-A520F)
Samsung Galaxy A32 (SM-A515F)
Samsung Galaxy S20 Ultra 5G (SM-G988B)
Sony Xperia XZ2 Compact (H8324) 

Terms and Conditions for Contests 

The following individuals are eligible to participate in the contest:
- Persons who are at least 18 years old.
- Persons who have full legal capacity.
- Persons who are residents of the European Union. 

The legal process is excluded. An alternative distribution of winnings as well as double participation is excluded. The prize is not transferable. Any liability of Ovy GmbH for the existence of the technical prerequisites for participation in the competition is excluded. The terms of use and privacy policy of Ovy GmbH apply. Ovy GmbH reserves the right to exclude participants suspected of abuse, manipulation, or criminal behavior from the competition. Ovy GmbH is not liable for loss, theft, destruction, or unauthorized use of a prize. The distribution or shipping of prizes is handled by Ovy GmbH, Große Theaterstraße 39, 20354 Hamburg. This competition is not associated with Facebook and is not sponsored, endorsed, or organized by Facebook. The data provided by the participants in the context of competition handling (in the event of winning) is received not by Facebook but by Ovy GmbH and is used solely for contacting the winner and shipping the prize. After the end of the competition and shipment of the prize, this data will be deleted. Ovy GmbH reserves the right to cancel, terminate, or extend the competition at any time. Prior notice and reasons are not required. By participating in the competition, the participant accepts these terms and conditions. Employees of Ovy GmbH as well as their immediate family members and those living in the same household are excluded from participating in competitions.

Terms of Use for Facebook Contests 

The following individuals are eligible to participate in the contest:
- Individuals who are at least 18 years old
- Individuals who have full legal capacity
- Individuals who reside within the European Union

The legal process is excluded. An alternative distribution of winnings as well as double participation is excluded. The prize is not transferable. Any liability of Ovy GmbH for the existence of the technical prerequisites for participation in the competition is excluded. The terms of use and privacy policy of Ovy GmbH apply. Ovy GmbH reserves the right to exclude participants suspected of abuse, manipulation, or criminal behavior from the competition. Ovy GmbH is not liable for loss, theft, destruction, or unauthorized use of a prize. The issuance or free shipping of prizes is handled by Ovy GmbH, Große Theaterstraße 39, 20354 Hamburg. This competition is not associated with Facebook and is not sponsored, endorsed, or organized by Facebook. The data provided by the participants in the context of competition handling (in the event of winning) is received not by Facebook but by Ovy GmbH and is used solely for contacting the winner and shipping the prize. After the end of the competition and shipment of the prize, this data will be deleted. Ovy GmbH reserves the right to cancel, terminate, or extend the competition at any time. Prior notice and reasons are not required. By participating in the competition, the participant accepts these terms and conditions.

Terms of Use for Referral Program 

The following individuals are eligible to participate in the referral program:
- Individuals who are at least 18 years old.
- Individuals who have full legal capacity.
- Individuals who reside within the European Union.

The legal process is excluded. The objective of the promotion is to receive a €5 discount on the Ovy Bluetooth Basal Thermometer on the Ovy website or a €5 Amazon voucher upon successful referral of a new customer. A referral is deemed successful when the referred person makes a purchase via the referral link. An alternative distribution of winnings is excluded. The voucher and discount are not transferable. The voucher is issued by Amazon EU S.à r.l., a Luxembourg company, registration number B-101818, with registered office at 38 Avenue John F. Kennedy, L-1855 Luxembourg. Amazon is not a sponsor of this promotion. Amazon is not liable in case of loss, theft, damage, or misuse of a voucher. You can find the complete redemption terms for the voucher as well as Amazon's general terms and privacy policy at [https://www.amazon.de/gc-legal](https://www.amazon.de/gc-legal). Ovy GmbH reserves a period of 30 days to send the voucher. The referral link is valid for 7 days.

Any liability of Ovy GmbH for the existence of the technical prerequisites for participation in the referral program is excluded. Ovy GmbH is not liable for non-delivery of an email related to the promotion. The terms of use and privacy policy of Ovy GmbH apply. Ovy GmbH reserves the right to exclude participants suspected of abuse, manipulation, or criminal behavior from the referral program. Ovy GmbH is not liable for loss, theft, destruction, or unauthorized use of the promotional reward. The data provided by participants in the context of promotion handling is used solely for issuing the voucher and email delivery. After the end of the promotion and delivery of the promotional reward, this data will be deleted. Ovy GmbH reserves the right to cancel, terminate, or extend the promotion at any time without prior notice or giving reasons. By participating in the referral program, the participant accepts these terms and conditions.

Special Offers 
Special offers are valid for a limited time and may end at any time with or without prior notice. Special offers may end for any reason, such as depletion of seller's inventory or reaching the designated end date for the special offer. Once the special offer is no longer available, the message regarding the special offer will no longer be displayed or promoted. During promotions and discounts, certain items may sell out. In the event of sell-outs, buyers may experience longer delivery times. The buyer will be informed, among other places, on the website.

Data Privacy  
Protecting your personal data is our top priority. Therefore, we collect, process, and use personal data that you provide to us as a user of our Ovy App or Ovy Website or that arises in the course of using our Ovy App or Ovy Website strictly in accordance with applicable data protection and data security laws. For details, please refer to our Privacy Policy. This policy also includes the content of the consent we request from you during registration for the app.

Sales, Return, and Warranty Terms for Ovy Products 
These General Terms and Conditions ("AGB") of Ovy GmbH (hereinafter "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods and/or services displayed by the Seller in its online shop. These terms expressly reject the inclusion of the Customer's own terms unless agreed otherwise.

A consumer for the purposes of these terms is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur for the purposes of these terms is a natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

Contract Conclusion in the Ovy Online Shop 
The product representations in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.

The purchase of Ovy products is only open to residents of countries where we offer Ovy services (collectively the "Contract Territory"). Information on the availability of specific products can be found on our website for each product. Currently, we ship all Ovy products to the following countries: Switzerland, Austria, Italy, France, Spain, Netherlands. Different delivery costs apply to these countries.

If delivery is made to a non-EU country, additional duties, taxes, or fees may apply, but not to Ovy GmbH, but rather to the relevant customs or tax authorities there. The costs are to be borne by the customer. We recommend that you inquire about the details from the customs or tax authorities before placing an order.

The Customer can submit the offer via the integrated online order form in the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods and/or services contained in the shopping cart. Additionally, the Customer may also submit the offer by phone, fax, email, or post to the seller.

The seller may accept the customer's offer within five days by: 
- Sending a written order confirmation or a confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive,
- Delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive,
- Requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed as a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. When an offer is made via the seller's online order form, the text of the contract is stored by the seller and sent to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order, along with these terms and conditions. Additionally, the seller's text of the contract is archived and can be retrieved by the customer free of charge via their password-protected customer account, provided that the customer has created a customer account in the seller's online shop before submitting their order.

Before submitting a binding order via the seller's online order form, the customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries will be displayed again in a confirmation window before the binding submission of the order, where they can also be corrected using the usual keyboard and mouse functions. The contract can only be concluded in German and English.

Order processing and communication typically occur via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered. 

Prices and Payment Terms for Ovy Online Shop 
The purchase price is due immediately upon ordering. The purchaser can pay the purchase price by invoice, installment purchase, Sofortüberweisung (instant bank transfer), direct debit, or PayPal.

Unless otherwise stated in the seller's product description, the prices quoted are total prices inclusive of statutory value-added tax. Any additional delivery and shipping costs that may arise will be specified separately in the respective product description.

In collaboration with Klarna, we offer the following payment options, each payable to Klarna:

- Klarna Invoice: Payable within 14 days from the date of the invoice. The invoice will be issued and sent by email upon shipment of the goods. You can find the invoice conditions here for Germany and here for Austria.

- Klarna Installment Purchase (available only in Germany): With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95). Further information about Klarna installment purchase, including the general terms and conditions and the European Standard Information for Consumer Credits, can be found here.

- Sofortüberweisung (Instant Bank Transfer): Payment options are offered within Klarna Checkout. For more information and the terms of use for Klarna Checkout here.

General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with applicable data protection regulations and in accordance with the information in Klarna's data protection regulations for Germany and Austria.

When selecting the payment method "PayPal," payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal terms of use. This includes, among other things, the requirement that the customer opens a PayPal account or already has such an account.

When selecting the payment method "PayPal Plus/Credit Card," payment processing is conducted via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal terms of use. It is not necessary for the customer to open a PayPal account or already have such an account.

Delivery and Shipping Conditions
Goods are regularly delivered by shipping to the delivery address provided by the customer. During the processing of the transaction, the delivery address specified in the seller's purchase processing is decisive. However, if PayPal is selected as the payment method, the delivery address provided by the customer at the time of payment with PayPal is decisive.

If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping attempt. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller announced the service to the customer an appropriate time in advance.

Self-collection is not possible for logistical reasons. Gift vouchers are provided to the customer via email, download, or postal delivery.

Liability for Defects/Complaints Regarding Ovy Products (excluding the app)  
Statutory liability for defects applies. The device has been manufactured and tested with all due care. In the event that defects should nevertheless occur upon delivery, please follow the instructions in the user manual of the respective device. Excluded from the warranty are normal wear and tear of consumable parts or damages resulting from non-compliance with the user manual, improper handling (e.g., unsuitable power sources, breakage, leaked batteries), and/or dismantling of the device by the buyer. Furthermore, the warranty does not establish claims for damages against us. Warranty claims can only be asserted during the warranty period and by presenting the purchase receipt.

Redemption of Promotional Vouchers 
Vouchers issued by the seller as part of promotional campaigns, with a specific validity period and which cannot be purchased by the customer ("Promotional Vouchers"), can only be redeemed in the seller's online shop and within the specified period.

Individual products may be excluded from the voucher promotion if such a restriction is indicated in the content of the Promotional Voucher. 

Promotional Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible. Only one Promotional Voucher can be redeemed per order.

The value of the goods must at least match the amount of the Promotional Voucher. Any remaining credit will not be refunded by the seller.

If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference. The credit of a Promotional Voucher cannot be paid out in cash or earn interest. The Promotional Voucher will not be refunded if the customer returns the goods, either in whole or in part, paid for with the Promotional Voucher under their statutory right of withdrawal. The Promotional Voucher is transferable. The seller can provide performance to the respective holder who redeems the Promotional Voucher in the seller's online shop, with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, legal capacity, or lack of authority of the respective holder.

Only one voucher can be redeemed per order.

Promotions generally cannot be combined with voucher codes. Exceptions will be communicated on the website.

Multiple voucher codes cannot be combined.

Applicable Law, Jurisdiction 
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws regarding the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the country where the consumer has their habitual residence is not withdrawn.

If the customer is acting as a merchant, legal entity under public law, or special public fund domiciled in the territory of the 

Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has their domicile outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In any case, the seller is entitled to invoke the court at the customer's domicile. 

Furthermore, this choice of law does not apply to consumers who, at the time of conclusion of the contract, are not residents of a member state of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

Right of Withdrawal 

Consumers generally have a right of withdrawal.
Further information on the right of withdrawal can be found in the seller's cancellation policy. The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not residents of a member state of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

Cancellation Policy 
You have the right to cancel a purchase contract in the Ovy Online Shop within 14 days without giving any reason.

The cancellation period is 14 days from the day you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise your right of withdrawal, you must inform us (Ovy GmbH, Große Theaterstraße 39, 20354 Hamburg, Germany, Email: hello@ovyapp.com) by means of a clear statement (e.g., a letter sent by post, email, contact request via the support portal) of your decision to withdraw from this contract. To comply with the withdrawal period, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.

It is important that the item has not been used, hence the security seal is not damaged. These are hygiene items. We reserve the right to check this before refunding the purchase price. For hygienic reasons, we cannot accept goods that have been used or removed from the packaging. We ask for your understanding.

Please only open the packaging if you actually intend to use the product. The cost of returning the goods in the event of withdrawal shall be borne by the buyer. Please download the returns form in advance, complete it, and include it with the return shipment so that we can properly assign and refund it upon receipt.

Please send your return to our warehouse at the following address: 

Elbe-Werkstätten GmbH
Retoure Ovy GmbH
Südring 38
22303 Hamburg

Promotional offers (such as configured boxes or bundles with multiple products) can only be returned in their entirety within the legally applicable period. Refunding individual products is not possible.

30-day Satisfaction Guarantee 
We at Ovy develop products to improve women's health. With our Ovy App, you can track your cycle* or plan a pregnancy. Each Ovy product represents the highest quality and effectiveness. Our goal is for our customers to be completely satisfied with using our products. Therefore, we offer a 30-day money-back guarantee. 

Return Conditions:
Timeframe: You may return your Ovy product within 30 days of purchase. The date of your order is decisive.
Return Policy: If you are not satisfied with your Ovy product, you may also return opened and tested products.
Submission: To claim your satisfaction guarantee, please submit a request through our support form within the 30-day period. Please specify the reason for the return under "Description". This information is highly valuable to us as a company.
Email Address Submission: Please provide the email address associated with your Ovy App in the contact form. This helps us process your request promptly.
Return Address: Send the securely sealed and packaged product to: 

Elbe-Werkstätten GmbH
Retoure / Zufriedenheitsgarantie Ovy GmbH
Südring 38
22303 Hamburg
Deutschland 

Important: Please fill out this form including your order number and the email address you used to register in the Ovy App so that we can allocate your shipment. Only then can your satisfaction guarantee claim be processed.

Once we receive the package, we will inspect its contents and refund your payment to the original payment method.

Returning the product also cancels the free trial period for the paid version of the Ovy App that you may have received when purchasing an Ovy Bluetooth Thermometer. New subscription purchases will only be possible after the expiration of the free trial period.

Please note: The following are excluded from the 30-day satisfaction guarantee:
- Shipping costs
- Empty boxes
- Free gifts and samples
- Value of goods from packages lost during your return (we recommend noting the tracking number)

These exclusions do not affect or limit your rights as a customer under statutory warranty and withdrawal rights.

Consequences of Withdrawal 
If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding delivery costs and any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us, without undue delay and in any event not later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Exclusion or premature expiration of the right of withdrawal: The right of withdrawal does not apply to consumers who, at the time of concluding the contract, do not belong to any member state of the European Union and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

Sample Withdrawal Form

If you wish to withdraw from the contract, you can use this form and send it back to us via email or post: 

- By Post: Ovy GmbH, Große Theaterstraße 39, 20354 Hamburg
- Via Contact Request
- I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
Ordered on ()/received on ()
Name of consumer(s)
Address of consumer(s)
Order number
Consumer(s)' signature (only if notifying on paper)
Date

(*) Delete as appropriate

Modification of these Terms of Use 
We reserve the right to amend the content of these terms and conditions in accordance with legal requirements. Should we make any changes to this policy that we deem necessary, we will notify you via email to the email address associated with your account. By continuing to access and use our services after these changes have come into effect, you agree to be legally bound by the revised terms of use. If you do not fully agree to these terms, we may no longer be able to provide services to you from Ovy GmbH. We appreciate your understanding.

Final Provisions
If individual provisions of these general terms and conditions, including this provision, are or become wholly or partially invalid, the validity of the remaining regulations shall remain unaffected. In place of the invalid or missing provisions, the respective legal regulations shall apply.

Our Data Protection Officer (external Data Protection Officer) is:

ePrivacy GmbH
Represented by Prof. Dr. Christoph Bauer
Burchardstrasse 14
20095 Hamburg 
Germany

For all questions and concerns regarding your data, please contact us at privacy@ovyapp.com

Sitz der Gesellschaft: Hamburg
Amtsgericht Hamburg, HRB 140562
Vertreten durch die Geschäftsführung: Eva Leonhardt, Lina Wüller
USt-IdNr. DE305785062
E-Mail: hello@ovyapp.com 

Contact support 

*The Ovy App is not a contraceptive and is therefore not certified as a medical device for contraception.

Status: January 2024