General Terms and Conditions of Use

The following General Terms & Conditions of Use (“Terms & Conditions”) set out the relationship between MyDonorFamily (“MyDonorFamily,” “we” or “us”), MyDonorFamily ApS, VAT NO. 41716304, Store Torv 8, 3., 8000 Aarhus C, Denmark and its customers ("you") when you access the website www.MyDonorFamily.com (the “Site”) and/or subscribe to and use our Service (defined below), whether through a mobile device, or computer.

By subscribing as a member and by using the Site and our Service, you agree to be bound by these Terms & Conditions and to use the Site in accordance with these Terms & Conditions, our Code of Conduct, our Privacy Policy (collectively, the “Subscription Terms”), and any additional terms and conditions that may apply to specific sections of the Site or to Services available through the Site or from MyDonorFamily.

If you do not agree to be bound by all the Subscription Terms, you will not be able to register for, or use, the Service.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms & Conditions. We reserve the right to change these Terms & Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms & Conditions on this website with “last revised” date at the bottom of the page.

For Basic Members and user of the Site who are not members, at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revised Terms & Conditions to the Site, and your use of the Service or Site after such posting will constitute acceptance by you of the revised term or policy. If you are a subscribing Premium Member at the time of any change or modification, unless otherwise indicated these Subscription Terms will continue to govern your membership until such time that your subscription renews as contemplated by Clause 5. If you continue your subscription, the renewal will constitute acceptance by you of the revised Subscription Terms. You should frequently review the Subscription Terms and all applicable terms and policies to understand the terms that apply to your use of the Site and Service. If you do not agree to the amended terms, you must stop accessing the Site and using the Service.

By the time, you have made a subscription, a renewal of subscription or a purchase, you will receive a receipt by email with our Subscription Terms attached. This receipt is serves as documentation of our agreement.

1. Object of your Membership and our Service

1.1 Once you have signed up for an account, MyDonorFamily will provide you with access to an online database over which you will be able to find other MyDonorFamily registered customers (”members”) with the same sperm or egg donor. MyDonorFamily can only be accessed via the Internet; and the Service includes both free services and chargeable services.

1.2 The online database provided by MyDonorFamily contains "donor groups", in which you find information about a specific donor and donor offspring of that donor made available by other members. The content of each donor group depends on whether other donor offspring or their parents have joined the group and what content they have posted/uploaded in the group. You can find more information about the types of personal information that are collected, and how this information is made available to other members in our Privacy Policy (see Clause 10 below).

1.3 Please be aware that while we hope that by using our Service you will successfully meet and connect with other donor offspring of the same donor and their parents, we cannot guarantee that your use of the Service will result in such a connection. Our Service is depending on Members joining the donor groups and is also based on the information and interaction provided by the other Members in the donor groups. Consequently, we cannot guarantee that you will meet genetic siblings of the same donor (see further Clauses 7.1 and 7.4 below).

2. Conclusion of your Membership Subscription and access of the Service

2.1 To access and use the MyDonorFamily Service you will need to register to become either a Basic Member or a Premium Member. To do this, you will need to provide a username and a password of your choice and your email address. Before you sign up as a Member you will have to accept our Terms & Conditions and our Privacy Policy. In our Terms & Conditions you will find further information about our Service, for example, where applicable: the main characteristics of the services or features, the term of your subscription (including any extension), how to terminate your subscription, and any payment conditions. Our contractual relationship for the Membership will be confirmed on the date that MyDonorFamily sends you an e-mail confirmation of your order.

2.2 Once you have successfully registered, you will need to complete your profile with additional information about yourself: where you live (country and postal/zip code), your telephone number, if you are a donor offspring or a parent with a donor child/children, and if you are looking for donor siblings of a sperm or an egg donor, your gender and birth year (or of your child/children if you are a parent).

2.3 At this stage, you must fill in some very important information about your donor: The name of the sperm/egg bank or clinic that your donor has donated to (please note that the clinic name is only relevant if your donor has not donated to a sperm/egg bank, but directly to the clinic) and the donor’s donor name and/or donor number. The data you enter about your donor are used by MyDonorFamily to connect you to the correct donor group. Therefore, if you have even the slightest doubt about your donor’s sperm/egg bank/clinic or your donor’s name and/or number, we strongly recommend that you double check these data, for instance by asking your clinic or sperm/egg bank.

2.4 Your profile will then be included into the MyDonorFamily database, and MyDonorFamily will connect you to the donor group of the donor you have entered.

3. Free-of-Charge and Chargeable Services

3.1It is free to register for the MyDonorFamily Service and to get our free membership (“Basic Membership”). As a Basic Member, you will then get access to a donor group of the donor you have entered. Inside the donor group, you will be able to see the number of Members registered in the donor group. You will also get information about the number of messages and the number of photos and other content uploaded in the group. You will receive notifications by e-mail when new Members join the group, when any new content or message is uploaded in the group, and when Members wish to get in contact with you. You will be able to switch off these e-mail notifications. Please note that, as a Basic Member, you will not be able to access and see the photos and content uploaded in the group or get further information about the other Members in the donor group. You will not be able to upload photos and other material or to send and receive messages in the online chat fora in the donor group either. In the donor group, Premium Members will be able to see your gender and year of birth (or of your donor child if you are a parent), as well as your country and zip/postal code, but they will not be able to contact you.

3.2 If you purchase a Premium Membership, you will get access to a donor group of the donor you have entered. Inside the donor group you will get complete accessibility to the following information about other donor siblings (if any) in the group: Gender and year of birth, country and zip/postal code. As a Premium Member, you will also get access to photos, information about the donor (e.g. the donor profile) and other material about the donor uploaded in the group by current or former members of the group. A Premium Membership will also give you access to contact and exchange communications, information, photos etc. with other members in the online chat fora in the donor group. You will be able to delete messages, photos or other content that you have uploaded in the group by clicking “delete message/image”. The other group members will only know you by the username you have chosen, and it is up to you how much further information about yourself you choose to reveal. You will receive notifications whenever there is activity in the group online (in your account) and via email. You will be able to switch off these e-mail notifications.

3.3 As described above, MyDonorFamily may also provide you with additional services, which will be subject to a fee as displayed on our website.

3.4 We may change the Service: (i) to reflect changes in relevant laws and regulatory requirements; or (ii) to implement technical adjustments and improvements, for example to address a security threat. In addition, although we provide a description of our Service on our website, we may change the main characteristics of our Service from time to time. However, if we do this, we will notify you and you may then contact us to end your subscription for the subsequent subscription period.

3.5 Please be aware that although we aim to make the MyDonorFamily Service available 24 hours a day, seven days a week, we cannot guarantee that the Service will be available 100% of the time. Our Service availability may be reduced due to any downtime which is due to maintenance and software updates, as well as any periods during which the Service is unavailable via the Internet due to technical or other problems that are beyond MyDonorFamily's control. You will not receive a refund for the period of the service you have paid for but not received due to a possible downtime. In order to be able to use the MyDonorFamily Service fully, you should use up-to-date (browser) technologies on your mobile device or computer (e.g. enable Java script, cookies, pop-ups). If you use an older operating system or internet service provider, you may find that you only have limited access to the MyDonorFamily Service.

4. Prices, secure payment and automatic renewal of subscription

4.1 The current prices for our Premium Membership and other services are displayed on our Site. All prices are in Euro and include VAT. The payment is made on the Site via our payment partner Quickpay.

4.2 By purchasing a Premium Membership, you agree to a subscription that will be automatically renewed until you choose to terminate it (see termination terms in Clause 5 below). You hereby enter into an agreement with MyDonorFamily, whereby you agree that MyDonorFamily by the end of a term will regularly deduct an amount corresponding to the price of the Premium Membership subscription from the credit or debit card (or other payment method associated with an automatically renewing subscription) that you have chosen to pay by.

5. Termination/Extension

5.1 You can terminate your Basic Membership at any time without notice. To do this, you should log in to our website and navigate to the following section: “Settings” and activate the link “Delete your account”; confirming the termination by entering your current personal password. Otherwise, we will continue to provide you with the free Basic Membership Service. By deleting your account, you will automatically delete the messages, photos and other content that you have uploaded in the donor group. If you choose to continue as a Basic Member, your information, including the messages, photos and other content that you have uploaded in the group, will still be available to the other Premium Members in the donor group.

5.2 To terminate your Premium Membership, you will need to notify us by logging in to our website and navigate to: “Settings” and activate the link “Cancel subscription and downgrade to free account” and confirm your choice by clicking “Yes, downgrade”. Subject to Clause 5.4 below, any termination of your subscription will not take effect until the end of the current subscription period. Already paid subscription amounts (the one-time enrolment fee and/or the annual subscription fee) for the current subscription period will not be refunded regardless of termination. However, in order to make sure that your Premium Membership does not automatically extend (more on this in Clause 5.4), you must tell us that you want to terminate your subscription before the end of your then-current subscription period. Once a Premium Membership subscription is terminated, it cannot be resumed without making a new purchase (which includes repayment of the one-time enrolment fee).

5.3 If you terminate your Premium Membership, this will not automatically result in a termination of your free account as a Basic Member. If you want to terminate your Basic Membership, please follow the procedure set out in Clause 5.1.

5.4 If you sign-up for a Premium Membership on our website, after your initial subscription commitment period (and again after any subsequent subscription period), your subscription will be automatically extended unless you notify us that you want to terminate your subscription in accordance with Clause.

5.5. Any automatic extension period of your initial subscription will normally be for the term and price you agreed to when you subscribed for this initial Premium Membership and which were confirmed to you in the order confirmation you received at that time. If we change the term or price, we will inform you about the change, and you will have 3 months’ notice to end your Premium Membership for the subsequent subscription period.

6. Code of Conduct

Our community on MyDonorFamily provides a safe online forum where we help donor offspring and parents with donor children connect with donor offspring of the same donor. On MyDonorFamily these families can meet and share mutual thoughts, information, and experiences - anonymously or non-anonymously.

As a donor offspring or a parent with donor children, you’ll always be welcome in our community, as long as you are kind, honest and respectful. If you choose not to be, your behaviour may lead to immediate termination of your account and membership.

MyDonorFamily reserves the right to periodically review the content you upload and the messages you send within the messaging system to monitor for abuse of our Code of Conduct. We encourage you to report any behaviour that violates our Code of Conduct by email on info@mydonorfamily.com

Below you find our Code of Conduct:

6.1 Impersonation

Don’t be fake. Be who you are.

When creating your account, you must enter your own accurate personal details and contact information.

Don’t impersonate another person or otherwise misrepresent your identity or status as a donor offspring/parent who seeks connection with donor families with the same donor.

If you have another agenda, don’t create an account. MyDonorFamily is for donor offspring and their parents only.

Are you from the press/media, a fertility clinic, a sperm bank and seeking information about our network, please contact us on info@mydonorfamily.dk

6.2 Be kind and respectful

On MyDonorFamily, we are nice to each other.

We don’t accept condescending or discriminatory content.

Don’t post messages, photos or other content that might cause other members offence, annoyance, anxiety, embarrassment, intimidation or distress. Immoral, obscene, pornographic or radical political content or photos do not belong on MyDonorFamily.

6.3 Advertising, spam and computer viruses

Posting or transmitting advertisements, spam e-mails or solicitation of business, non-profit events etc. is prohibited on MyDonorFamily.

Activities that requires any form of payment from our members are not welcome on our site.

Don’t use MyDonorFamily to lead people to external websites via a link or otherwise.

Distributing of viruses, uploading of infected software and other malicious or harmful computer codes is strictly forbidden.

6.4 Stalking

6.5 Illegal content

Don’t use MyDonorFamily to do anything illegal.

Any content or action on the site that could constitute or encourage to a behaviour that could be considered a criminal act, cause civil liability, or otherwise violate any law is strictly forbidden.

6.6 Intellectual property rights

If the material is not yours, don’t post it.

Don’t post any work or content that is copyrighted or trademarked by others, unless you own the rights of the content or have otherwise obtained the necessary consents.

6.7 One account per person

Your MyDonorFamily account is personal and cannot be shared with other families.

Additionally, please don’t maintain multiple MyDonorFamily accounts, unless you are a parent with donor children of different donors.

6.8 Minimum age

You must be 15 years of age or older to have your own Membership on MyDonorFamily.

6.9 Maintaining anonymity

Even though MyDonorFamily must know your identity, you can remain anonymous to the other group members if you want.

On the donor groups of MyDonorFamily (including message boards, etc.) you can meet and interact anonymously under your username with the other members of the group.

If you wish to remain anonymous, please make sure that you choose a username and a profile photo that doesn’t reveal your identity. Be aware that once you upload, post or publish content in the donor group, including photos, it becomes accessible to all current and future members of the group.

In general, think carefully about which personal information you disclose about yourself (or others) on the public areas of MyDonorFamily.

6.10 Respect your donor

The donor has given you one of the greatest gifts you can ever give. Please respect the donor’s privacy. Do not reveal the donor’s identity or other information that could reveal his/her identity on MyDonorFamily.

In general, please comply with the terms regarding ID-release/No-ID-release, Contact/Non-Contact, age limits etc. in the agreement with the sperm/egg bank or clinic that may apply to the fertility treatment with your donor. These terms reflect the conditions on which your donor has made the donation.

6.11 Information about others

Please respect the privacy of others.

Don´t post any personal information or photos of others unless you have their permission. If you wish to post personal information or photos of minors or underage children, make sure you have the direct consent of their parent or guardian first.

It is your responsibility to obtain a legal consent from others before you post any information or photos of them - and to remove all information or photos if the consent is later withdrawn.

You must treat messages from other members and information received via or in relation to the Service confidentially, and you must not disclose the messages and information to third parties without the consent of the sender or serious cause.

6.12 Consequences of breach of our Code of Conduct and/or breach of our Subscriptions Terms

If you do not comply with the Code of Conduct as mentioned above in Clauses 6.1 – 6.11, or if you fail to materially comply with any other of the Subscription Terms, we may take the following actions: we may ask you to stop your non-compliant activities (or otherwise send you a warning that your activities do not comply with our Code of Conduct); we may delete any content which you have submitted via the Service in breach of any of our Code of Conduct; we may suspend the provision of the Service to you (in whole or in part) until the issue is resolved (for example, while we investigate your activities); or (if it is clear to us that you are seriously misusing the Service) we may terminate the provision of the Service to you. If we do decide to terminate your subscription because you have misused the Service, we will not refund to you any payment that you have already made to us for any remaining Premium Membership period, and MyDonorFamily may be entitled to claim damages.

7. Liability of MyDonorFamily

7.1 You are responsible for the accuracy of the information provided during your registration. Especially details regarding the donor (sperm/egg bank or clinic and donor name and/or number) must be precise and accurate, as these details determine which donor group you are placed in. To the fullest extent permitted by law, MyDonorFamily will not be liable for matching you with the correct donor group as a result of the donor details you have entered. If you need to update your profile or registration information, you can generally do this at any time through your profile. However, the donor group that you are placed in based on the information you have entered can only be updated by contacting us on info@mydonorfamily.com.

7.2 MyDonorFamily sincerely believes that all donor-conceived have a fundamental right to make connections with their half-siblings and in that way explore their biological identities. We also believe that donor-conceived have a right to know if a person, who becomes their friend, fiancé or spouse, is their biological half-sibling. However, some sperm banks and clinics still have terms in their agreements with their customers that forbid donor siblings of the same donor to make contact. We recommend that you check if such terms apply to your agreement with a sperm bank or clinic, before you register as a MyDonorFamily Member - to avoid any demand raised against you or others on these grounds. Should you be violating any existing agreement you may have with a sperm bank or clinic concerning contact with half-siblings on MyDonorFamily, you accept all liability and will hold MyDonorFamily harmless and indemnify MyDonorFamily against any resulting legal action.

7.3 Should you be violating any existing agreement you may have with a sperm bank or clinic concerning your donor and information about your on MyDonorFamily (see further Clause 6.10), you accept all liability and will hold MyDonorFamily harmless and indemnify MyDonorFamily against any resulting legal action.

7.4 MyDonorFamily is only responsible for the technical provision of the MyDonorFamily Service (i.e. the provision of our Service, as further described in Clause 3). MyDonorFamily will generally enable you to make contacts with other donor offspring of the same donor and their parents who have registered the same donor details as you did. We cannot, however, guarantee that you will be able to successfully connect with your or your child’s genetic donor siblings as a result of using the Service. We recommend DNA-testing for those who want to be 100 % certain of a genetic match.

7.5 While we expect our members to use the Service in a kind and respectful way (and in accordance with our Code of Conduct and these Terms & Conditions), MyDonorFamily is not responsible for any misuse of personal information made available through the Service by its members, or for any other use of the Service by its members which is contrary to our Code of Conduct and these Terms and Conditions, or any use that is otherwise unauthorised or unlawful. The views expressed in the message boards in the donor groups are those of the authors and are not necessarily shared by MyDonorFamily. We do not assume and hereby disclaims any liability for loss or damage caused by using the contents or from any error or omissions resulting from negligence, accident or other causes.

MyDonorFamily is also not responsible for any misuse of data or information by third parties (i.e. other members or non-members) where you have provided the third party with such information.

7.6 While MyDonorFamily works hard to provide a high-quality service, we do not guarantee that the Service will perform perfectly at all times and cannot ensure that the Service will always be uninterrupted, secure or error-free. In particular, MyDonorFamily is not liable for disruptions that affect the accessibility of the Service where such disruptions are caused by actions or events that are outside our control. Furthermore, although MyDonorFamily will put appropriate technical and organisational security measures in place to protect your personal information, to the fullest extent permitted by law, MyDonorFamily will not be liable for any unauthorized access by third parties to your personal data (e.g. due to hackers gaining unauthorised access to our database).

7.7 Except as expressly provided in these Terms and Conditions, MyDonorFamily exclude all representations, warranties, conditions and terms to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms and Conditions, our Code of Conduct or your use of our Service. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

7.8 As described below in Clause 9.3, these exclusions shall be governed by and construed in accordance with Danish law.

8. Rights of Use and Copyright

8.1 By using our Service, you understand and agree that all the material, text, photos, videos, audios, available on the Site and other content related to our Service are the property of MyDonorFamily and are protected and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. Unless explicitly authorized in these Terms and Conditions, you may not modify, copy, download, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. Scraping, crawling and/or harvesting of any data and any pages from the Site without our explicit prior written consent is strictly prohibited.

8.2 Any communication or material you upload or transmit to the Site in the donor group, including any data, photos, comments, information, or the like is, and will be treated as, non-confidential and non-proprietary. You agree that you will not upload or transmit to the Site any communication or content that infringes or violates any rights of any party.

8.3 By creating an account, you grant MyDonorFamily the right to use (including to host, store, use, copy, display, reproduce, adapt, edit, publish, modify or distribute) any information you make available or upload on the Service (including any information you include in your profile) for the purposes of providing the Service to you and other Members.

8.4 You understand that we have the right (but not the obligation) at our sole discretion to change, remove, delete, or to refuse to post any information or content that you or other members post, upload or make available in the donor group. Information, material and photos may also be changed or deleted due to technical problems on the Site. MyDonorFamily is not liable for any such technical problems. Therefore, we recommend that you also archive your photos and other information that you upload in the donor group on your own computer or other data storage system.

9. Language, Communication and Governing Law

9.1 The language of the Site and the Subscription Terms is in English. You must also communicate in English in the donor group, and if you contact MyDonorFamily by e-mail.

9.2 MyDonorFamily is an online service. As such, MyDonorFamily will generally communicate with the members using online methods via our Site or by e-mail. We recommend you use the “Contact us” solution on our Site, which enables you to send e-mails encrypted and securely to us. As a digital service, our Service is only provided online. Therefore, you can only sign up to, use and subscribe to our Service online.

9.3 These Terms and Conditions shall be governed by and construed in accordance with Danish Law, and any dispute shall be settled in accordance with Danish laws and legislation in Aarhus Courthouse, Denmark. The legal language is Danish, and Danish law and Danish legal system must be used, regardless of international rules on applicable laws may lead to another result.

10. Processing of Personal Data

10.1 According to this agreement and these Terms & Conditions, MyDonorFamily process and transfer your personal data, including sensitive data, that you may choose to reveal about yourself in the donor group.

10.2 MyDonorFamily’s Privacy Policy further describes in which way we process your personal data. Our Privacy Policy can be viewed on our Site and must be reviewed and accepted before registering on the Site and signing up as a Member.

11. Cancellation

11.1 By purchasing online products, you waive the standard 14-day return policy of the consumer agreement law. This means that the right of withdrawal/cancellation of your purchase lapses on digitally delivered goods and services as soon as the purchased items are put into service, as they cannot be returned. You agree that a Premium Membership subscription is a digital product that is put into service after you have completed the payment, as you will have access to the digital Premium Membership content and information in the donor group as described in clause 3.2.

By purchasing a Premium Membership subscription, you consent to the cancellation of 14 days cancellation right. The cancellation of the right to cancel will also apply if your subscription for a Premium Membership has automatically extended. This means that the right of withdrawal lapses as soon as the payment is approved, and the product is thereby regarded as being put into service.

12. Miscellaneous

12.1 MyDonorFamily may use third-party service providers and agents to help us provide the Service to you.

12.2 Should any provision of the Subscription Terms be or become invalid, or should they be incomplete, it shall not affect the validity of the remaining content of the Subscription Terms.

12.3 You can download the current Terms and Conditions from the Site at any time.

12.4 We will not automatically store a copy of your Subscription Terms with MyDonorFamily. We will provide you with a copy of the then-current Terms and Conditions in your confirmation e-mail when you register for a Membership. As such, you should save a copy on your computer, or otherwise store a copy of your Subscription Terms at the time your contract is concluded.

12.5 You may not assign or sub-contract any of your rights or obligations under the Subscription Terms to any third party unless we agree in writing.We may assign, transfer or sub-contract any of our rights or obligations under the Subscription Terms to any third party at our discretion. However, where we have engaged a third party to perform part of the contract with you, we remain liable towards you for the full performance of our agreement and also for the performance by the third party. 12.6 Please note that we reserve the right to change and update these Terms and Conditions from time to time. However, the Subscription Terms that will apply to you are either: (i) the Subscription Terms provided on the date that we confirm your order (for Premium members); (ii) the Terms and Conditions in force on the date of registration (for Basic members); or (iii) the Terms and Conditions in force on the date you become again a Basic member (at the end of your Premium Membership).

13. Contact Us

13.1 MyDonorFamily ApS, VAT NO. 41716304, Store Torv 8, 3., 8000 Aarhus C, Denmark, is responsible for the content of the MyDonorFamily. You can contact us by e-mail: info@mydonorfamily.dk

Date: 6.10.2020