Last updated 31/12/19
Introduction and summary
Entering the Agreement
Please read these terms carefully. If you do not agree with all of them, you may not use the Services and should not enter any of your information into our app(s) or website(s), or communicate any information to our wellness coaches or to other team members.
You agree that you are seeking the Services for informational and/or educational purposes only; that you will not seek any diagnosis, prognosis, treatment, prescription, product recommendation, or medical advice of any kind; and that all Services are provided 'as is' and without warranty or representation.
You may not use the Services if you are A) under 13 or if parental consent is required under applicable law for you to use the Services or provide personal information to Ovia Health; B) a direct competitor of Ovia Health investigating the Services for competitive research; or C) otherwise using the Services for a harmful, malicious, disruptive, or unlawful purpose.
3. Parties to this Agreement
These Terms describe a contractual agreement between you, the user of the Ovia app or website ("you", "your"), and Ovia Health Inc. and its subsidiaries and affiliates (collectively "Ovia Health", "us", "we", "our"), regarding your use of the applications we offer through mobile devices and the Internet, our website, or any other element of our Services. We have the right to cancel our service, in our discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that Ovia Health has the right to terminate or suspend your account in the event that we determine, at our sole discretion, that you have violated these Terms, including participating in any activities that adversely affect other users’ experiences.
4. Modification of these Terms
Ovia Health reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time with or without specific notice to you other than through posting such modified Terms on our website, through our applications, or both. The Terms will include the most recent date of revision and will be effective immediately upon posting unless otherwise specified herein. In the event of a material change to these Terms, we will attempt to notify you directly through a message sent to the e-mail address you provided upon registration or through the use of a notification in or through the mobile application. You hereby acknowledge and agree that you will review these Terms periodically for any changes and review the date of last revision at the beginning of the Terms. If you are dissatisfied with the Services, then you agree that your sole and exclusive remedy is to discontinue any use of the Services.
5. Description of the Services
Our Services may include communications or content that you receive outside of the Ovia applications, including email messages, push notifications, phone calls, videoconferencing, or our website materials.
5.3 User license grant to Ovia Health.
5.4 Use of Your Information.
5.5 Ovia Health Maternity and Family Benefits.
Some users will have access to additional features within the app as part of the maternity and family benefits provided by their employer or their insurer.
- 5.5.a Digital Health Coaching. The digital health coach feature allows a user to write a message to a health coach within the Ovia apps. Importantly, this is not real-time coaching. A user should expect a response from a coach within 48 hours. The digital health coaches are provided for educational and information purposes only. They are available to help you make more informed decisions about your fertility, pregnancy, reproductive health and parenting journeys, not make these decisions for you. Our Services do not give medical advice. If you think you may have a medical emergency or a condition requiring immediate care, do not use our digital coaching services: please call your doctor or 911 immediately.
- 5.5.b Customized Content. A user may see customized content related to her health and wellness benefits. We cannot guarantee the accuracy of the benefits information provided to us by third parties. Each user should check her benefits plan before making decisions based on information within the Ovia apps.
6. Assumption of risk; no guarantee of success
6.1 Content disclaimer.
A variety of information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials ("Content") is available through the Services. Some of the Content is provided by Ovia Health or its suppliers, and other Content is provided by users, such as MyQ poll statistics and any Community features. Ovia Health cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Ovia Health or its suppliers, or by users of our Services. Any opinions, advice, statements, or other information expressed or made available by users or third parties are the responsibility of those respective users or other third parties and not of Ovia Health. Ovia Health does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made anywhere in the Services, including, importantly, within the Community feature.
Ovia Health does not have any obligation to prescreen, edit, or remove any Content provided by users that is posted on or available through the Services. Notwithstanding the foregoing, Ovia Health will have the right (but not the obligation), in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
6.2 Assumption of risk.
You use our Services at your own risk.
- There is no guarantee that using our Services will result in a successful or healthy pregnancy, nor that connecting you with a fertility specialist will result in a successful or healthy pregnancy.
- If you are using our Services to avoid conceiving, you may still conceive.
- Through using the Services, you may or may not learn that you, or a child in your care, may be at risk of having certain medical complications or conditions.
- Because our Services focus on educating you about reproductive health, they contain detailed and sometimes graphic content about sexual acts, anatomy, medical complications, and more. If you are sensitive to this sort of subject matter, please do not use our Services.
7. Ovia Health does not provide medical advice
THIS IS FUNDAMENTALLY IMPORTANT: Ovia Health does not provide medical advice.
Please do not ask Ovia Health for--or rely on--anything that we communicate as medical advice. Although Ovia Health’s Services may contain articles on medical topics, we make no warranty whatsoever that any of the articles are accurate. Even if a statement we make about a health or medical issue is accurate, it may not apply to you or a child in your care’s symptoms.
The health or medical information we write about is, at best, general and cannot substitute for the advice of a licensed medical professional (like a qualified doctor/physician, physician assistant, nurse, or other healthcare provider). We are not doctors. No one at Ovia Health can take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented in our materials. You should not interpret anything in our Services as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.
The content of our Services, such as text, graphics, images, information obtained from our medical partners, sponsors, advertisers, and licensors are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you, or a child in your care, may have a medical emergency, call your doctor or 911 immediately.
Ovia Health does not endorse or guarantee any specific tests, products, procedures, opinions, or other information that may be mentioned on the Ovia Health Site. Reliance on any information provided by Ovia Health, Ovia Health employees, or others appearing in our Services is solely at your own risk. No claims, representations, or warranties, whether expressed or implied, are made as to the safety, reliability, and performance of any tests, products, or services.
8. License to use the Services
Subject to your acceptance of these Terms, Ovia Health grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of the Services and to display the results of such Services for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view, or alter any source code or object code of Ovia Health or our licensors.
9. Your contact with advertisers or other third parties through the Services
In using our Services, you may come across content (such as hyperlinks, articles, timeline content, Community questions and advertisements) provided by or linking to third party properties. Your dealings with advertisers or other third parties found on or accessible through our Services are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions; the payment for and delivery of items; your viewing or visiting content advertised by third parties; and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to users and should not be construed as an endorsement or guarantee by Ovia Health of content, items, or services on those third-party websites. Your access and use of such sites, including the content, items, or services on those sites, are solely at your own risk.
Ovia Health does not make any representations or warranties with respect to any content or privacy practices of such third parties or any items or services that may be obtained from such third parties, and you agree that Ovia Health will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties’ information or materials on the website.
Our website contains some affiliate marketing links, which means we get paid commission on sales of those products or services we write about. Our editorial content is not influenced by advertisers or affiliate partnerships.
10. Intellectual property
Ovia Health's Services and the information contained therein is the property of Ovia Health and our affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents, or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute, or publish any part of the Services unless expressly permitted by these Terms.
“Ovuline”, “Ovia Health”, “Ovia”, “Ovia Fertility”, “Ovia Pregnancy”, “Ovia Parenting” and “MyQ” are registered or unregistered marks of Ovia Health, Inc. and may not be used without written permission from Ovia Health.
11. Notice and takedown procedures / DMCA
If you believe any materials accessible on or from our Services infringes your copyright, you may request removal of those materials (or access thereto) by contacting Ovia Health’s Designated Agent:
308 Congress Street
Boston, MA 02210
and providing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location (e.g., URL or path) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and email address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, Ovia Health maintains a policy for the termination of users who are infringers.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that a material or activity is infringing may be subject to liability.
12. Use of Ovia Health Content
Ovia Health authorizes you to view or download a single copy of the material contained in the Ovia Health Services solely for your personal, noncommercial use, so long as you do not remove the copyright and other proprietary rights notices that were contained in the Content.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Ovia Health or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Ovia Health. All rights not expressly granted herein are reserved to Ovia Health and its licensors.
Nothing contained on the Ovia Health Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Ovia Health or such third party that may own copyrights in material displayed on this web site.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
13. Limitation of liability / disclaimer of warranties
Use of the Ovia Health Services is at your own risk.
Ovia Health and its vendors, licensors and business partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on any Ovia Health Service. In particular, but without limitation, you are agreeing that Ovia Health and its vendors, licensors and business partners are not liable under any theory of law for any compensatory, indirect, special, incidental, punitive, or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, a failure to obtain medical treatment or any other action or omission of behavior following any information or advice found on our site or in any Ovia Health Service, or any aspect of your relationship with a spouse or partner, whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Our Services would not be provided without these limitations, and if you do not agree to these limitations, please do not use the Services. No advice or information you obtain from us through the Services or in support of the Services shall create any warranty, representation, or guarantee not expressly stated in these Terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations and exclusions may not apply to you. Notwithstanding the foregoing, in the event that Ovia Health is found to have a liability to you, you agree that our aggregate liability for any cause whatsoever (except for a violation by Ovia Health of our Privacy Law) and regardless of the form of action will at all times be limited to the amount that you or your employer paid, if any, to Ovia Health with respect to your individual use of the Ovia Health Service in question. In addition, you specifically agree and acknowledge that Ovia Health is not liable for the content submitted by any other user, or any defamatory, offensive, or illegal conduct of a third party.
THE OVIA HEALTH SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. OVIA HEALTH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Specifically, Ovia Health MAKES NO REPRESENTATIONS OR WARRANTIES about the following:
- The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, recommendations, or communications provided on or through the use of the Ovia Health Services.
- The accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, or other information provided through the Ovia Health Services.
- The Services will be uninterrupted, or free of errors, viruses, or other harmful components.
In no event will Ovia Health, its officers, directors, employees, affiliates, agents, attorneys, representatives, vendors, licensors or business partners be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Ovia Health Services. You will hold Ovia Health, its officers, directors, employees, affiliates, agents, attorneys, representatives, vendors, licensors and business partners harmless for any such actions or decisions taken by you in reliance upon such information and for any claims arising from your use of the Ovia Health Services.
14. Statute of limitations
Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred.
15. User-submitted content
15.1 Representations made and rights granted.
- with respect to Content other than photos, graphics, audio, video, or writing that you submit, post, or otherwise make available to public areas of the Services (e.g. not intended as a private communication), the license to use, reproduce, publish such Content (in whole or part) via the Ovia apps; and
- with respect to photos, graphics, audio, video or writing, including Community messages, content or other material posted in public areas of the applications, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content for the purpose for which such Content was submitted, posted, or made available.
15.2 Sharing of Content with Family and Friends.
You have the ability to invite family members and/or friends (“Invitee”), to see and receive content through our applications. These Invitees may have the same access to Ovia-generated content as you do; he or she will also be able to invite others (“Invitees”). Be mindful of who you invite; this person may have access to personal information that you have entered. When you choose to share your application experience with Invitees, those individuals will be able to view and share your content including, but not limited to, posts, notes, messages, photos, videos, etc. The Invitee may also be able to add content to your application experience, such as notes, photos, videos, etc. If you do not want your personal information shared with Invitees, you should not invite family members and/or friends to view or receive your content.
15.3 Photos and Names in Ovia Parenting.
When you submit a child’s profile photo and name in Ovia Parenting, that image and name will be used in Ovia’s daily emails to Invitees and account owners. By submitting the child’s photo and name, you acknowledge that such is not confidential and that you have all necessary permission to submit, post, and otherwise make the photo and name available and consent to Ovia using that photo within the app and in email communications to Invitees and account owners. It is important that you understand that emails with a child’s photo and name could easily be forwarded to anyone by either an Invitee or an account owner. If you do not want a child’s photo and name to be distributed widely, you should not submit a child’s profile photo or name.
15.4 Prohibited content.
You agree that the following actions shall constitute a material breach of these Terms, and that you will not upload or transmit any communications or content of any type that:
- constitutes unsolicited offers, advertisements, proposals, junk mail, or spam that other users of the Services will see or receive. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, pyramid schemes, informational announcements, charity requests, and petitions for signatures.
- infringes upon or violates any rights of any party
- impersonates another person or entity, or creates a false impression or misleads others as to the origins of your communications
- infringes on the intellectual property, privacy, or publicity rights of others
- is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as reasonably determined by Ovia Health
- promotes violence, illegal drug use, or substance abuse or describes how to perform a violent act, use illegal drugs, or abuse other substances
- harvests or otherwise collects information about others, including email addresses, without their consent
- discloses the personal information of others, including names, email addresses, telephone numbers, or any other confidential or personally identifiable information
- distributes viruses or other harmful computer code
- restricts or inhibits any other person from using or enjoying the Services, or which, in the reasonable judgment of Ovia Health, exposes us or any of our customers, partners, affiliates, or suppliers to any liability or detriment of any type
- deals with minors under 13 years of age without the consent of their parents
- violates Ovia Health's Community Standards
16. Usage rules
In addition to the prohibited content rules in Section 16.4, you agree that your use of and conduct on the Services shall be lawful and will not:
- be in violation of these Terms, any applicable local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services
- trick, defraud or mislead Ovia Health or other users, especially in any attempt to learn sensitive account information such as passwords
- make improper use of Ovia Health's support services or submit false reports of abuse or misconduct
- disparage, tarnish, or otherwise harm Ovia Health and/or the Service
- disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms ("PCMs"), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices
- reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services
- except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
- cover or obscure any notice, banner, advertisement, or other branding on the Services
- interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services
17. Children's privacy
All registered members of the Ovia Health Site are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their Ovia Health passwords or accounts. It is the registered member’s sole responsibility to: (1) control the distribution of their passwords or account information; (2) authorize, monitor, and control access to and use of their Ovia Health account and password; (3) inform Ovia Health of any need to deactivate their password or change their registration, as soon as possible.
For any Ovia Health-related account, we recommend choosing passwords that are:
- Unique (not re-used anywhere else)
- Complex (a mix of letters, numbers, symbols, uppercase, and lowercase; not any part of your name, and not easily guessed)
- Long (greater than 5 characters)
- Changed regularly (at least once a year)
Ovia Health operates and controls the Services from our offices in the United States. We make no claims that the Services or Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Ovia Health Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Limitation of liability / Disclaimer of warranties, Indemnification, User Submissions, Jurisdiction, and Complete Agreement
20. Dispute resolution
If a dispute arises between you and Ovia Health, our goal is to resolve the issue quickly. In the event of a dispute, we encourage you to contact us first to resolve your problem directly with us. You may contact us regarding any complaints or disputes in the “Contact us” section below in these Terms.
These Terms are governed by the substantive laws of The Commonwealth of Massachusetts (excluding its choice of law rules). The parties consent to the exercise of exclusive jurisdiction by the state or federal courts in The Commonwealth of Massachusetts for any claim relating to these Terms. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Massachusetts in connection with any such dispute including any claim involving Ovia Health or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
22. Availability of Services
Ovia Health may discontinue or change our Services at any time with or without prior notice and without liability to you. We make no guarantee that our Services will be available at all times or without interruption.
23.1 Termination by Ovia Health.
You agree that Ovia Health may terminate your account at any time for your violation of any of the provisions of these Terms.
23.2 Termination by you.
If you are dissatisfied with the Ovia Health Services, please let us know by e-mailing us at firstname.lastname@example.org. Your only other remedy with respect to any dissatisfaction with (a) the Services, (b) any portion of these Terms, (c) any policy or practice of Ovia Health in providing the Services, or (d) any content or information transmitted through the Website or the app, is to terminate the Services and your account. You may terminate the Services at any time by discontinuing your use of any and all parts of our Services and providing Ovia Health notice of termination by emailing us at email@example.com.
23.3 Consequences of termination.
The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without Ovia Health's prior written consent, but may be assigned by Ovia Health without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.
25. No agency
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ovia Health as a result of these Terms or use of the Ovia Health Services.
26. Complete Agreement
27. Contact us
For questions or comments about the Terms, please email us at firstname.lastname@example.org.
You can also reach us by mail at:
Ovia Health Inc.
308 Congress Street
Boston, MA 02210