Terms and conditions

These Terms and conditions of Use ("Terms") govern your use of the FertLi mobile or web application ("App"). By using the App, you agree to be bound by these Terms.

Definitions

  • FertLi: Refers to FertLi Inc., the company that owns and operates the FertLi mobile and web applications.
  • App: Refers to the FertLi mobile and web applications, including all content, features, and services provided through the App.
  • Personal information: Refers to any information that can be used to identify you, such as your name, email address, and phone number.
  • Health-related data: Refers to information you provide related to your fertility journey, such as cycle tracking data and lifestyle information.

Acceptance and agreement to be bound

By using the FertLi App, you agree to be bound by these Terms and conditions. You confirm that you are at least 18 years old and have the legal authority to enter into this agreement. You also represent that all information you provide to FertLi is true and accurate.

Use by minors prohibited

The FertLi App is not intended for individuals under the age of 18. We do not knowingly collect personal information from children. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information.

Creating an account

To access personalized recommendations and certain features of FertLi, you need to create an account. You agree to:

  • Provide accurate and complete information during registration.
  • Keep your password and account information confidential.
  • Be responsible for all activities on your account.

Payment and fees

  • FertLi offers both free and paid features.
  • Paid features require payment, which will be processed through a third-party payment processor. You agree to be bound by their terms of service.
  • You'll be prompted to provide payment information when you subscribe to a paid feature. You agree to update this information if it changes.
  • Fees for paid features will be clearly detailed in the App.
  • You authorize us to charge your chosen payment method for recurring subscription fees and any other applicable charges.
  • You're responsible for any applicable taxes, overdraft fees, or chargeback fees.
  • We'll notify you in advance of any fee increases.
  • Refunds are subject to our separate Refund policy.
  • If your payment fails, we may cancel or suspend your access to paid features.

Health insurance

Providing your health insurance information is optional. If you choose to provide it, we may be able to help you understand potential coverage for fertility-related services. However, FertLi is not a medical provider and cannot guarantee insurance coverage or reimbursement.

Account security and termination

  • FertLi is not intended for individuals under the age of 18. By using the App, you confirm that you are at least 18 years old.
  • You are responsible for maintaining the security of your account information, including your password. You agree not to share your account credentials with anyone else.
  • You are responsible for all activity that occurs under your account. If you suspect unauthorized use of your account, please notify us immediately.
  • You may terminate your FertLi account at any time by contacting us at support@fertli.com.
  • FertLi reserves the right to suspend or terminate your account if you violate these Terms or for any other reason.

Privacy and data security

FertLi is committed to protecting your privacy and the security of your personal information. We collect and use your data in accordance with our Privacy policy.

You acknowledge that:

  • FertLi will take reasonable measures to protect the security of your information.
  • No method of transmission over the internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
  • You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.

If FertLi becomes aware of a security breach that may have compromised your personal information, we will notify you in accordance with applicable law.

Geographic restrictions and information providers

  • FertLi may not be available in all countries or regions. You are responsible for complying with any applicable local laws and regulations regarding the use of the App.
  • The information and recommendations provided by FertLi are based on the expertise and knowledge of qualified healthcare professionals and experts ("Information providers").
  • FertLi does not endorse any specific advice, opinions, or recommendations provided by Information providers.
  • You acknowledge that Information providers are independent contractors and not employees or agents of FertLi.
  • Any questions or concerns regarding specific recommendations or information should be directed to your healthcare provider.

Content usage

  • The content provided within the FertLi App (text, images, videos, etc.) is for informational and educational purposes only. It does not constitute medical advice.
  • The content in FertLi is not a substitute for professional medical advice. Always consult with your healthcare provider for any medical concerns or decisions related to your fertility.
  • We strive for accuracy, but the content in FertLi may be updated or revised at any time without prior notice.
  • The views and opinions expressed in the content do not necessarily reflect the official policy or position of FertLi.

Acceptable use

  • You agree to use the FertLi App only for its intended purposes and in compliance with these Terms and all applicable laws.
  • You will not use the App to:
    • Harass, threaten, or harm other users.
    • Impersonate any person or entity.
    • Transmit any harmful or malicious software.
    • Interfere with the proper functioning of the App.
    • Attempt to gain unauthorized access to FertLi systems or user data.
  • FertLi reserves the right to investigate and terminate your account for any violation of these Terms.

License grant

  • FertLi grants you a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes, subject to these Terms.
  • All intellectual property rights in the App and its content belong to FertLi or its licensors. You may not copy, modify, distribute, or create derivative works based on the App or its content without our express written permission.

Consent to electronic communications

  • By providing your email address and phone number, you consent to receive communications from FertLi, including emails, text messages (SMS), and push notifications related to your account, updates, and promotional offers.
  • You may opt out of receiving text messages by following the instructions provided in the message.
  • You understand that opting out of certain communications may impact your ability to use certain features of the App.

User submissions

  • Any feedback, suggestions, or other information you submit to FertLi becomes our property.
  • You agree that FertLi can use your submissions for any purpose without compensation to you.
  • You are responsible for ensuring that your submissions are not illegal, harmful, or infringe on the rights of others.

Intellectual property

  • FertLi owns all intellectual property rights in the App and its content.
  • You may not copy, modify, distribute, or create derivative works based on the App or its content without our express written permission.

App operation and availability

  • FertLi strives to keep the App operational and accessible, but we do not guarantee uninterrupted access or that the App will be error-free.
  • We may modify, suspend, or discontinue the App or any of its features at any time without prior notice.
  • You are responsible for any costs associated with servicing or repairing your devices as a result of using the App.

Limitation of liability

  • You use the FertLi App at your own risk. We are not liable for any outcomes or results related to your fertility journey.
  • We do not guarantee the accuracy, completeness, or timeliness of the information and recommendations provided in the App.
  • FertLi, its employees, officers, directors, and agents are not liable for any indirect, incidental, consequential, or punitive damages arising from your use of the App.
  • To the maximum extent permitted by law, FertLi's total liability to you for any reason is limited to the amount you paid, if any, for paid features of the App.

No warranty or guarantee of outcome

  • FertLi strives to provide accurate information and recommendations. However, we do not guarantee any specific results or outcomes related to your fertility journey.
  • Your results will depend on various factors, including your individual circumstances, health conditions, and adherence to recommendations.

Indemnification

  • You agree to indemnify and hold harmless FertLi, its officers, directors, employees, and agents, to the fullest extent permitted by law, from any claims, losses, damages, or expenses arising from your use of the App or your violation of these Terms.

Third-party links

  • FertLi may contain links to third-party websites or resources. These links are provided for your convenience only, and we do not endorse or control the content on these websites.
  • We are not responsible for the accuracy, reliability, or safety of any information or services provided by third-party websites.
  • Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.

Affiliate disclaimer

FertLi may participate in affiliate marketing programs, which means we may earn a commission from qualifying purchases made through links in the App. We only promote products or services that we believe may be of value to our users.

No assignment

You may not transfer or assign your rights or obligations under these Terms without our written consent. FertLi may assign its rights and obligations under these Terms at any time without restriction.

Governing law and dispute resolution

  • These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
  • Any dispute arising from or relating to these Terms or the use of the FertLi App shall be resolved exclusively in the state or federal courts located in Santa Clara County, California.

Dispute resolution

  • Any dispute arising from or relating to these Terms or the use of the FertLi App will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
  • The arbitration will be conducted in Santa Clara County, California.
  • You and FertLi waive the right to a jury trial or participate in a class action lawsuit.

No third-party beneficiaries

These Terms are solely for the benefit of you and FertLi and do not create any rights for any third party.

Amendments and modifications

  • FertLi reserves the right to modify or update these Terms at any time.
  • We will notify you of any material changes to these Terms through the App or by email.
  • Your continued use of the App after any changes constitutes your acceptance of the updated Terms.