1. Introduction

1.1 These Terms regulate the agreement between the Company and the User in relation to the Service.

1.2 The Service offered is an online platform designed to facilitate connections for private sperm donation between sperm donors and future parents. The Service can be accessed on yfactor.app (the "Website"), Y factor’s mobile application (the "App"), and any other platforms or services Y factor may offer (collectively, the "Service").

1.3 The operation of the Service is handled by Y factor ApS ("Y factor" or the “Company”), CVR 44690934, Suomisvej 4, 1927 Frederiksberg C, Denmark.

1.4 Access to use the Service requires that the User becomes a registered member of Y factor (the “User”). By registering and using the Service, The User accepts and agrees to these Terms and the Company’s Privacy Policy, which is a condition to register as a member. This includes consent to the processing of personal data, including sensitive data such as health information, in accordance with the GDPR. By using the Service, the User confirms to have read, understood, and agrees to these Terms. The User may withdraw their consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

1.5 The User’s access and use of the Service is also subject to any terms disclosed and agreed to by the User, when purchasing additional features, products, or services from the Company, which are incorporated into these Terms by reference.

1.6 The User agrees to review the Community Guidelines, and follow these when using the Service.

1.7 To access and use the Service, the User must have a compatible smartphone with Internet access. The Service can be downloaded via App Store and Google Play. The User may access the Service from multiple devices but may only be logged into one active session per device at a time.

1.8 The Company may, at any time and without prior notice, modify the features, functionality, design, scope, language versions, or technical specifications of the App or Service.

1.9 While the Company strives to ensure the accuracy of the information presented through the Service, technical errors, calculation inaccuracies, or data discrepancies may occur. The Company accepts no liability for any direct or indirect loss resulting from reliance on inaccurate or incomplete information provided via the Service.

1.10 The Company reserves the right to modify these Terms at any time. Updated terms will be posted on this page with an updated effective date. The User will be notified of significant changes via e-mail or other means, however the User is responsible for regularly checking this page for any changes. Continued use of the Service after updates constitutes the User’s acceptance of any changes, and as a result, the User will be legally bound by the updated Terms.

2. Eligibility

2.1 The User registers as a member on the App to connect with other users. The User who creates the account has the sole right of disposition of the account.

2.2 Registration is done by i) providing as a minimum the User’s full name, a valid email and password, or ii) via third-party services (e.g., Apple, Google). The User remains fully responsible for maintaining accurate account details and contact data, and securing login credentials, including those used via third-party services.

2.3 By registering on the Service, the User represents and warrants that:

- The User is an individual (i.e., not a company or other entity) at least 18 years old and legally qualified to enter a binding agreement

- The User is the individual named on the account. Accounts must be created for and used by the registered individual only. Creating an account for someone else or using a false identity is prohibited.

- The User does not have more than one account on the Service

- The User is not prohibited by law from using the Service, is not a registered sex offender and has not committed a sexual/violent crime

- The User has not previously been removed from the Service by the Company, unless the User has the Company’s express written permission to return.

The Service is not directed at, nor intended for use by, minors under the age of 18. By using the Service, the User represents and warrants that they are at least 18 years old. The Company does not knowingly collect or process personal data from individuals under 18 years of age. Any account suspected to belong to a minor may be suspended or permanently removed without notice.

Given the nature of the Service, which involves matters of reproductive health, the participation of minors is strictly prohibited.

2.4 The User's eligibility is dependent on the User’s upload of accurate information, and that the use of the App complies with the requirements set forth in these Terms and applicable laws. The Company reserves the right to suspend or terminate duplicate accounts. The Company reserves the right to request background verification to ensure compliance with this eligibility requirement mentioned in section 2.3 above.

3. Content and Conduct

3.1 To maintain a safe and respectful environment, the User agrees to use the Service responsibly and in compliance with these Terms and Danish law, including those on data protection, intellectual property, and non-discrimination.

3.2 The User can upload and is solely responsible for content provided while using the Service, even if suggested by the Service (the “User’s Content”). This includes but is not limited to upload of photos, data, donation preferences, text, and interactions with other users in the form of likes and chats.

3.3 The User’s Content must comply with the following:

- Be accurate and truthful. False or misleading content about the User, their intentions and preferences, or about others is not allowed on the Service.

- Contact or financial information is not allowed on the User’s profile.

- Be respectful of the privacy, rights, and dignity of others. Content that infringes other's rights (including privacy and intellectual property), is defamatory, illegal, or harmful to other users or the Company is prohibited everywhere on the Service.

- Content that contains nudity, pornography, sexual content, hate speech, violence, or discrimination is not allowed.

- Content that contains commercial advertisement or promotes commercial activities is not allowed.

- Content that promotes or encourages self-harm, dangerous activities, discrimination, hatred, illegal activities, or violent extremism is prohibited everywhere on the Service.

3.4 Violation of section 3.3 may result in content removal, suspension or termination of the User's account.

3.5 The User has ownership of the User’s Content, but grants the Company the right to review, edit, and remove the User’s Content for clarity or moderation purposes 3 of 8 or if the Company believes the content poses a risk to the safety or integrity if the Service. The User also grants the Company a non-exclusive license to use the User’s Content within the Service. The license granted by the User shall terminate upon deletion of the content or the User’s account, except as necessary to comply with legal obligations or enforce these Terms. Some of the User’s content like chat history, reports of other users, and support e-mails, might be kept. This is necessary in order for the Company to continue to provide its Service to other users. When no longer needed, the Company securely deletes the User’s content.

3.6 Content uploaded by other users (the “Member Content”) is their property and responsibility, incl. photos, data, text, and chat. Member Content is stored by the Company and displayed on the Service at the direction of the user that uploaded it.

3.7 The Company assumes that the provided Member Content is accurate, but makes no warranty to that effect, and the User must independently review and evaluate any Member Content they interact with. The Company assumes no responsibility for the accuracy, legality, or appropriateness of any User or Member Content and disclaims all liability arising from such content.

3.8 The User is not allowed to use, copy, or distribute Member Content outside the Service. The Company reserves the right to terminate the User’s account if they misuse Member Content.

3.9 All other content on the Service is owned or licensed by the Company (the “Company’s Content”) and protected under intellectual property laws. The User receives a limited license to access this content only for personal, non-commercial use related to the Service.

3.10 The User must not attempt to access the Service using automated systems or extract data through scraping, crawling, or other technical means.

3.11 The User agrees to refrain from uploading any inappropriate content or misconduct according to these Terms, whether on or off of the Services. The Company encourages the User to report any inappropriate Member Content or misconduct by other users directly through the "Report User" function on a user's profile. The User may also contact the Company’s Support team at support@yfactor.app. Reported content is reviewed in accordance with our internal moderation policy.

3.12 Suspected violation of these Terms, fraudulent activity, or security considerations may lead to the User’s suspension or permanent removal from the Service. Enforcement actions may include warnings, temporary suspensions, or permanent removal, but the Company retains the right to remove memberships and access to 4 of 8 the Services without warning. The User may contact the Company’s support team on support@yfactor.app if they believe an action was taken in error.

4. Privacy and Personal Data

4.1 The Company collects and processes personal data in accordance with GDPR and as set forth in the Privacy Policy. The User agrees to review and accept the Privacy Policy.

4.2 As set forth in the Privacy Policy, The Company may share data between it’s affiliates in accordance with applicable law for the safety and security of the users and may take necessary actions if The Company believes the User has violated these Terms, including banning the User from the Services and/or the Company’s affiliates’ services, and/or preventing the User from creating new accounts.

5. Disclaimer and Liability

5.1 Through the Service the Company facilitates connections between users, and is not involved in or responsible for any agreements, donations, or interactions between users. The Company does not guarantee any matches, that a match will result in a successful sperm donation, or that a user will live up to any commitments made via the Service.

5.2 The User is responsible for their own decisions and interactions. All interaction, communication, and agreements between users, made both inside or outside the Service, is solely the responsibility of those users, and the Company is not a party to any agreements between users.

5.3 The User cannot hold the Company liable for the outcomes of agreements with other users, including but not limited to medical, legal, or psychological consequences, and post-donation contact or lack thereof. The Company does not mediate or resolve disputes between Users and encourages Users to seek independent resolution.

5.4 In cases where a donor has accepted an after-donation commitment but subsequently declines contact initiated by the recipient or the donor-conceived person, or, if the donor chooses not to pursue a relationship following initial contact, The Company shall not be held liable or responsible for such decisions.

5.5 The Company does not provide legal, medical, or professional advice related to sperm donation. The User is solely responsible for seeking independent medical, legal or professional advice where needed.

5.6 The Company shall not be held liable for any failure or delay caused by circumstances beyond its reasonable control.

6. Fees, Subscriptions & Payment

6.1 Access to some basic features on the Service is free of charge. However, key features may require payment, as specified on the Service.

6.2 The Company offers paid subscriptions for full access to features, and may also offer products/services available for payment. Payment is offered through App Store, Google Play or other payment processors inside the Service and the User will be charged for the purchase in accordance with the terms disclosed to the User at the time of purchase. Some payment processors may charge the User sales tax, depending on where the User lives, which may change from time to time.

6.3 By subscribing, the User accepts that the Company can periodically charge the agreed amount through the User’s selected payment provider, according to the selected subscription product.

6.4 The Subscription is charged in advance on a recurring basis (e.g. monthly, quarterly or biannually). Subscriptions renew automatically, unless the User cancels before the renewal date. The User will be informed of the automatic renewal at the time of purchase, in accordance with applicable consumer protection requirements. Subscriptions are charged in the 24 hours before the current subscription period expires. This happens in order to guarantee the Service remains active to the User. The new subscription period starts at the expiry of the current period.

6.5 The User has the right to cancel their subscription at any time. Cancellation does not affect the current period, and the User continues to have access until the end of the current period. If cancelled, the subscription will not be renewed when the current period expires.

6.6 To cancel a subscription, the User must log in to their used payment processor and follow the instructions to manage or cancel the Y factor subscription, even if the User has otherwise deleted their account on the Service or if the User has deleted the App from their device.

- If the User subscribed using their Apple ID, cancellation is handled by Apple, not the Company. To cancel a purchase made with an Apple ID, go to Settings within the App store, and follow the instructions to cancel. The User can also request assistance at Apple Support.

- If the User subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on the User’s mobile device and navigate to Settings, and follow the instructions. The User can also request assistance from Google Play.

6.7 Prices are including VAT, if applicable. Prices are stated in the App when making the purchase and on https://yfactor.app/pricing. The User agrees to the payment terms provided during purchase for any paid service.

6.8 The Company reserves the right to change prices and availability of features in the subscription plans, and will notify the User of any changes in advance. If the User does not accept the change, they have the right to cancel their subscription before the next subscription period where the new price/feature availability applies. If they do not cancel before the end of the current period, the new subscription plan will be charged, and the subscription will be extended for the next period.

6.9 Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in the User’s jurisdiction provide for refunds. The Subscription is however binding from the moment the User starts using the Service, and the User is from thereon obligated to pay the full amount for any binding period according to the selected product. The binding subscription period is defined as the period selected at the time of purchase (e.g., 1 month, 3 months, 6 months), and the User is obligated to pay the full amount for that period, regardless of usage

- If the User is an EU/EEA/UK/Swiss resident, law dictates that the User has 14 days from purchase to withdraw and receive a full refund, unless the User has started using the service during that period. In this case partial charges may apply, according to how many days it has been used. After the 14 days, purchases are non-refundable unless required by law.

- If the User wishes to use their right to withdraw, the User needs to contact customer service and inform them about the withdrawal. Customer service can be contacted on support@yfactor.app. For purchases made through third-party platforms such as Apple App Store or Google Play, all refund and cancellation requests must also be directed to the relevant platform provider in accordance with their respective terms.

- With regards to subscriptions, the right to withdraw only applies at the time of subscribing, and not for recurring payment.

6.10 The Company may offer promotional rates. These offers may vary based on factors like subscription duration, location, or account history. Promotional pricing is subject to specific terms communicated at the time of the offer and may not be 7 of 8 combined with other discounts. The Company reserves the right to revoke or change promotional terms at any time.

6.11 Payments are securely handled by third-party providers. The User is responsible for ensuring that their payment details are accurate and up to date. If the User’s payment is rejected, due to a blocked or new payment card or any other reason that results in payment unable to be processed, the User’s subscription and access to paid features will be deactivated until the payment is processed.

6.12 The Company may suspend or cancel subscriptions in cases of fraud, misuse, or breach of these Terms or our Community Guidelines.

7. Termination

7.1 The User may terminate their account at any time through the app. The Company may suspend or terminate accounts for breach of these Terms, including but not limited to misuse of Member Content, fraudulent behavior, or violation of applicable laws, illegal activity or at the Company’s discretion.

7.2 Because the Service can be used without a subscription, cancelling the User’s subscription does not remove the User’s profile from the Service. If the User wishes to fully delete their account, the User must delete their account through the Delete feature in the app.

8. Governing Law & Dispute Resolution

8.1 These Terms are governed by Danish law. Any dispute shall be subject to Danish law regardless of the fact that international choice of law rules may give rise to another choice of law. Any dispute shall be subject to the exclusive jurisdiction of the courts of Denmark.

9. Contact

8.2 For questions or concerns, contact: support@yfactor.app