Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and FertilityConnect India Private Limited ("FertilityConnect", "we", "our", "us"), a company incorporated under the Companies Act 2013 (India), governing your access to and use of the website at fertilityconnect.in and any associated mobile applications or services (collectively, the "Platform").

FertilityConnect operates as an information intermediary and patient-to-clinic matching service. We are not a healthcare provider, medical facility, or licensed medical practitioner. We do not provide medical diagnosis, treatment, or advice.

These Terms apply to all users including patients, caregivers, clinic administrators, and general visitors. Clinics and healthcare providers are additionally governed by the Clinic Listing Agreement entered at the time of registration.

FertilityConnect is a global platform with operations and users in multiple jurisdictions. While our primary registration is in India, we actively comply with applicable laws in every country where we operate or where users access our Platform.

Primary governing law: These Terms are governed by the laws of India, specifically the Information Technology Act 2000, Digital Personal Data Protection Act 2023, and the Consumer Protection Act 2019. Disputes are subject to the exclusive jurisdiction of courts in Bengaluru, Karnataka, India.

For EU/UK users: To the extent that EU GDPR or UK GDPR applies to your use of our services, the relevant provisions of our Privacy Policy and Data Processing Agreement supplement these Terms. Your statutory rights under applicable consumer protection laws in your jurisdiction are not affected by these Terms.

For US users: Users accessing the Platform from the United States acknowledge that FertilityConnect is not a Covered Entity under HIPAA. However, we implement HIPAA-equivalent technical and administrative safeguards for any health data processed through the Platform.

For UAE / Oman users: All content and services are provided in accordance with local regulatory requirements. Certain features (donor gamete information, surrogacy content) are restricted or modified for users in jurisdictions where such services are legally prohibited.

FertilityConnect provides the following services:

• Fertility Assessment Tool: A clinically-informed questionnaire that generates personalised clinic recommendations based on user-provided information. This is an informational tool only — it is not a medical diagnosis.
• Clinic Matching Engine: An algorithm that scores and ranks verified fertility clinics based on treatment match, success rates, location, pricing, specialisations, and patient ratings.
• Appointment Booking: A facilitation service that connects patients with clinic booking systems. FertilityConnect is not a party to the medical service agreement between patient and clinic.
• Education Library: Evidence-based fertility education content reviewed against ASRM, ESHRE, and ACOG clinical guidelines.
• Clinic Onboarding: A self-service portal for fertility clinics to register and manage their profiles on the Platform.

Geographic content restrictions: Certain content (donor egg/sperm information, surrogacy guidance, specific treatment content) is automatically restricted or modified based on the user's detected jurisdiction to comply with applicable local ART laws. Users in the UAE and Oman will not see donor gamete or surrogacy content, consistent with federal law in those jurisdictions.

Age requirement: You must be at least 18 years old to use FertilityConnect. By using the Platform you represent that you meet this requirement. Under the Digital Personal Data Protection Act 2023 (India), we do not knowingly process personal data of minors.

Account accuracy: You agree to provide accurate, current, and complete information in your fertility assessment and account registration. Inaccurate information will result in inaccurate clinic recommendations and may affect your care.

Assessment tool limitations: The fertility assessment tool uses clinically validated algorithms based on ASRM and ESHRE guidelines. Results are indicative only. No recommendation from FertilityConnect replaces a formal medical consultation with a qualified reproductive endocrinologist.

Booking and appointments: FertilityConnect facilitates the connection between you and clinics. The medical service agreement, consent forms, treatment protocols, and fee arrangements are exclusively between you and your chosen clinic. FertilityConnect has no liability for the quality, outcome, or safety of any medical treatment.

Consent to data use: By submitting your fertility assessment, you provide explicit consent (as required under the DPDP Act 2023, GDPR Article 9, and equivalent health data regulations) for FertilityConnect to process your health data solely for the purpose of generating clinic recommendations and facilitating appointments. You may withdraw this consent at any time. See our Privacy Policy for full details.

Right of access and correction: You have the right to access, correct, port, and request erasure of your personal data at any time by contacting privacy@fertilityconnect.in. We will respond within 30 days (India: DPDP Act 2023), 30 days (EU/UK GDPR), or 30 days (US: as applicable by state law).

Clinic activation: All clinic registrations are subject to manual admin review and activation. A clinic profile submitted through the onboarding portal remains in INACTIVE status — invisible to patients — until explicitly activated by a FertilityConnect administrator following verification.

Verification requirements: Clinics must hold a valid ART licence from the applicable national regulator (ICMR in India, HFEA in the UK, relevant CLIA certificate in the US, MOHAP/DHA in the UAE, MOH in Oman/Singapore/Thailand) and provide the licence number at registration. We verify licence numbers directly with the regulator before activation.

Data accuracy: Clinics warrant that all submitted information — including success rates, pricing, doctor credentials, and accreditations — is accurate, up-to-date, and not misleading. Submission of false or misleading outcome data may result in immediate removal and notification to the applicable regulatory authority.

Prohibited conduct: Clinics may not pay for ranking improvements, artificially inflate reviews, use the Platform to market unproven treatments, or make clinical claims that violate ASRM/ESHRE evidence standards.

ART Act compliance: Clinics operating in India must comply with the ART (Regulation) Act 2021 and the Surrogacy (Regulation) Act 2021. Clinics in the UK must comply with the HFEA Code of Practice (9th edition). US clinics must submit to the annual CDC ART Success Rates Report. UAE clinics must hold current MOHAP/DHA permits and comply with the restriction of ART to married couples.

Suspension: FertilityConnect reserves the right to suspend or remove any clinic from the Platform if its regulatory licence lapses, if verified patient complaints identify patient safety concerns, or if the clinic fails to meet our quality standards.

All educational content on the Platform is provided for general informational purposes only. It is reviewed against ASRM (American Society for Reproductive Medicine), ESHRE (European Society of Human Reproduction and Embryology), ACOG (American College of Obstetricians and Gynecologists), FOGSI (Federation of Obstetric and Gynaecological Societies of India), and ICMR guidelines, but it does not constitute medical advice.

The fertility assessment tool generates clinic recommendations based on pattern-matching algorithms. It does not diagnose infertility, predict treatment outcomes, or replace evaluation by a qualified reproductive endocrinologist.

Emergency situations: FertilityConnect is not an emergency medical service. If you are experiencing a medical emergency, contact emergency services (112 in India, 999 in the UK, 911 in the US) immediately.

Regulatory classification: The assessment and matching tool has not been submitted for classification as a Software as a Medical Device (SaMD) under the Medical Devices Rules 2017 (India), FDA guidance (US), or MHRA guidance (UK). It is operated as a health information and referral service only.

The collection, processing, and storage of personal and health data on FertilityConnect is governed by our comprehensive Privacy Policy and Data Policy, which form part of these Terms by reference.

Health data (special category / sensitive personal data): Your fertility assessment responses constitute health data — a special category under GDPR (Article 9), sensitive personal data under DPDP Act 2023, Protected Health Information (PHI) equivalents under HIPAA, and equivalent categories under UAE PDPL 2021 and Singapore PDPA. We process this data only with your explicit consent and only for the purposes stated at the time of collection.

Data localisation: For users in India, health and personal data is stored on servers located in India (AWS ap-south-1 / Mumbai region) in compliance with the DPDP Act 2023 and applicable RBI/SEBI data localisation requirements.

Cross-border transfers: Where personal data is transferred outside your jurisdiction, we rely on Standard Contractual Clauses (EU/UK), adequacy decisions, DPDP Act-compliant mechanisms (India), or equivalent safeguards. We do not transfer data to jurisdictions blacklisted by the Indian government or equivalent authorities.

Cookies: Our use of cookies and tracking technologies is described in our Cookie Policy. By using the Platform, you consent to cookies as described therein, subject to your ability to adjust preferences at any time via our cookie consent tool.

All content on FertilityConnect — including the matching algorithm, educational articles, clinic profiles, assessment questionnaires, design, trademarks, and software — is the intellectual property of FertilityConnect India Private Limited or its licensors, protected under the Copyright Act 1957 (India), Copyright, Designs and Patents Act 1988 (UK), and applicable international conventions.

You may access and read Platform content for personal, non-commercial use. You may not reproduce, distribute, create derivative works from, publicly perform, or commercially exploit any content without our prior written consent.

User-submitted content (reviews, photos, profile data) remains your property. By submitting it, you grant FertilityConnect a worldwide, royalty-free, non-exclusive licence to display, reproduce, and use such content in connection with the Platform.

To the fullest extent permitted by applicable law, FertilityConnect's total liability to you for any claim arising from or related to these Terms or use of the Platform shall not exceed the greater of: (a) the fees paid by you to FertilityConnect in the 12 months preceding the claim, or (b) INR 1,000 (or equivalent).

FertilityConnect is not liable for: (a) the quality, safety, or outcome of any medical treatment provided by a clinic; (b) any loss arising from inaccurate information provided by a clinic; (c) any clinical decisions made based on the assessment tool; or (d) indirect, consequential, or punitive damages of any kind.

Consumer rights preservation: Nothing in this section limits statutory rights you may have under the Consumer Protection Act 2019 (India), Consumer Rights Act 2015 (UK), or equivalent consumer protection legislation in your jurisdiction. If you are a consumer as defined under applicable law, your statutory rights are not affected.

We may suspend or terminate your access to the Platform without notice if you breach these Terms, engage in fraudulent activity, or if required by applicable law or regulatory authority.

You may delete your account at any time by contacting support@fertilityconnect.in. Upon deletion, your personal data will be erased or anonymised within 30 days except where retention is required by law (e.g. financial records under the Companies Act, audit logs required by the DPDP Act or HIPAA).

Grievance Officer (India — Consumer Protection Act 2019 / IT Act 2000):

• Name: [Grievance Officer Name]
• Email: grievance@fertilityconnect.in
• Response time: Within 30 days of receipt

Arbitration: Disputes that cannot be resolved through our grievance process shall be referred to binding arbitration under the Arbitration and Conciliation Act 1996 (India), conducted by a sole arbitrator in Bengaluru. For EU users, you may also refer disputes to your local supervisory authority or Alternative Dispute Resolution (ADR) body.

EU/UK users: You have the right to lodge a complaint with your national data protection supervisory authority (e.g. ICO in the UK, relevant EU DPA) if you believe we have violated applicable data protection law.

We may update these Terms from time to time. When we make material changes, we will: (a) post the updated Terms on this page with a new effective date; (b) send an email notification to registered users at least 15 days before the changes take effect (30 days for material changes to data processing under GDPR); and (c) display a prominent notice on the Platform.

Your continued use of the Platform after the effective date of updated Terms constitutes acceptance of those Terms.