Terms of Service

YOUR USE OF AND ACCESS TO THE SERVICES (DEFINED BELOW) SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE. PLEASE READ THESE TERMS CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS. IN PARTICULAR, PLEASE READ THE SECTION TITLED GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION, WHICH REQUIRES ALL DISPUTES TO BE SETTLED BY INDIVIDUAL BINDING ARBITRATION.

The following Terms of Use (“Terms” or “Terms of Use”) are applicable to your use of and access to the Yesmom website (yesmomfertility.com), products, services, and applications (the “Services”). These Terms are a binding contract between you and Yesmom Incorporated (“Yesmom,” “us,” or “we”).

By using or accessing the Services, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Services or visit the Yesmom website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time, but if we do, we will bring it to your attention by placing a notice on the yesmomfertility.com website, by sending you an email, and/or by some other means. Please check these Terms periodically for changes. Your continued use of the Services following the posting of changes to these Terms of Use (including Yesmom’s Privacy Policy (https://yesmomfertility.com/privacy-policy/)) will constitute your acceptance to such changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

ACCESSING SITE, USE OF CONTENT AND ACCOUNT SECURITY

The Services are offered and available only to users who are 18 years of age or older. You represent and warrant that you are at least 18 years old.

The Services are made available by Yesmom. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services contain material, such as software, text, graphics, images, video, audio and other material (collectively, “Content”). No Content from the Services may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the express prior written permission of Yesmom, except that you may download or print a limited number of copies of the reports we make available to you via the Services for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of Content or use of Content for any other purpose is a violation of Yesmom’s copyright and other proprietary rights and may be subject to civil and/or criminal penalties. If you violate any part of these Terms of Use, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.

The Services is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically authorized by Yesmom. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Services, which in Yesmom's sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof, and (iii) any use of the Services which is unlawful or in violation of these Terms of Use. We reserve the right to modify or amend the Services and any other Content or service we provide through the Services at our sole discretion without notice. We will not be liable if our Services become unavailable at any time for any time period. We may restrict access at any time to our Services or parts of the Services.

Certain Content and parts of the Services we offer Services are only available to users who set-up an account. When you create an account, you may be asked to provide certain registration information and other details. You agree that all information provided to the Services is governed by our Privacy Policy and you consent to all actions we take with respect to our Privacy Policy https://yesmomfertility.com/privacy-policy/.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and you agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We may rely on the authority of anyone accessing your account or using your login credentials and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password. We may store, transmit, receive, and/or access your data on or from our own servers or those of our service providers.

USER CONTENT, COMMUNICATION, FORUMS

You are responsible for all content that you post, upload, store, transmit, or otherwise provide through the Services (“User Content”). “Public Forum” means a chat area, bulletin board, weblog, blog, posting or email function offered as part of the Services. The Services may now or in the future permit, via Public Forums or other means, the submission, hosting, sharing, and/or publishing of User Content. Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of Yesmom and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by Yesmom including, but not limited to any so-called “expert”, “moderator”, “blog-editor” or other individual functioning in a similar capacity. Yesmom reserves the right to remove or edit your User Content and any other Content that we believe may be offensive to our audience and/or which violates our family-oriented standards. Please be advised that because Content may be posted in real-time, these materials may not always be able to be removed or edited in a timely fashion. Please remember that any User Content you upload to Public Forums will be available to other users, and can be collected and used by anyone with access to the Public Forums. Please carefully consider before you post any sensitive personal or health information to the Public Forums.

Yesmom is not responsible for any unsolicited email you may receive as a result of participating in any Public Forum. Yesmom reserves the right to terminate your ability to access any of Public Forum for any reason and without notice. By communicating in any Public Forum, you hereby represent that you have all necessary rights in the User Content, communications, or other information that you have provided, transmitted or sent to the Public Forum. By uploading User Content to any Public Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) Yesmom a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, and translate your User Content to enable us to operate the Services and to make your User Content accessible to you and other users.. You warrant that all so-called “moral rights” in such User Content have been waived. If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (“Feedback”), you grant Yesmom a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, and create derivative works for such Feedback for any purpose in connection with our business or Services. In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.

WITHOUT LIMITATION OF THE FOREGOING, Yesmom DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE CONTENT FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE CONTENT CONTAINED THEREIN.

COPYRIGHT INFRINGEMENT NOTIFICATIONS

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here https://yesmomfertility/privacy-policy/. If you are the copyright holder and believe that material directly available via the Services infringes your copyrighted work, please review our complete Copyright Dispute Policy https://yesmomfertility.com/CopyrightDisputePolicy/.

INTELLECTUAL PROPERTY RIGHTS

The Content may be owned by us or may be provided through arrangements with others, including other users of the Services or third party content providers. The Content is protected by copyright under both India and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on the Services are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.

Your computer may temporarily store copies of the Content in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your web browser for display enhancement purposes.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.

If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.

You must not:

Modify copies of any Content from the Services;

Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;

Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services; or,

Access or use for any commercial purposes any part of the Services or any Content available through the Services.

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from India or other countries).

In any way that infringes or violates the intellectual property rights or any other rights of anyone else (including Yesmom);

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail, “chain letters” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

To engage in any other conduct that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable or that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other users of the Services or expose them to liability.

ADDITIONALLY, YOU AGREE NOT TO:

Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other user’s use of the Services, including his or her ability to engage in real time activities through the Services.

Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Services. Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.

Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.

Otherwise attempt to interfere with the proper working of the Services.

THIRD PARTY PRODUCTS, ADVICE AND SERVICES

We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on or through the Services. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product from a third party.

We may provide links to third party direction, location and map services solely as a convenience to our users, which are intended to be used solely for informational purposes. We make no warranties on the accuracy of their content, route usability, expeditiousness or road conditions (including whether there are obstructions, like tunnels or bridges that may inhibit certain vehicles from safely using a particular route.) You assume all risk of use. Yesmom and its suppliers shall not be liable to you or any other person for any loss, damage or delay resulting from your use of these third party services.

We are not involved in any actual transaction between any user (including any so-called “expert”, “moderator”, “blog-editor” or the like) and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any user and third party relating to or arising out of any transaction between such parties. We urge users and third parties to cooperate with one another to resolve any such disputes. In the event that you have a dispute with one or more other users, you release Yesmom, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a India resident, you shall and hereby do waive India Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

USING THE Yesmom APP AVAILABLE VIA THE APPLE APP STORE

These Terms apply to your use of the Services, including the iPhone and iPad mobile applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

Both you and Yesmom acknowledge that the Terms are concluded between you and Yesmom only, and not with Apple, and that Apple is not responsible for the Application or the Content; the Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;

You will only use the Application in connection with an Apple device that you own or control;

You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; You acknowledge and agree that Yesmom, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the

Application;

You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Yesmom, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

You represent and warrant that you are not located in a country subject to a India. Government embargo, or that has been designated by India. Government list of prohibited or restricted parties; Both you and Yesmom acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and Both you and Yesmom acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

DISCLAIMERS

Service availability, price and time-related information appearing on the Services are subject to change. Yesmom is not responsible for any such changes and advises you to confirm all specific terms appearing on or through the Services before acting in reliance on such terms.

Third-party products and services represented on the Services are not necessarily endorsed or recommended by Yesmom and Yesmom disclaims all responsibility regarding the performance or the use of third-party products and services. Yesmom does not necessarily endorse or sanction the content, products or actions of websites that are linked to or from the Services.

THE SERVICES AND CONTENT ARE PROVIDED BY Yesmom (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Yesmom (AND ITS LICENSORS AND SUPPLIERS) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, the IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Yesmom DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Yesmom DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY AND LIMITATION OF LIABILITY

You agree to indemnify and hold Yesmom (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or relating to your use of and access to the Services.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Yesmom BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SERVICES, EVEN IF Yesmom OR A Yesmom AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Yesmom’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.

YESMOM IS NOT A HEALTHCARE PROVIDER

The information provided by Yesmom is for purposes of improving your wellness only and is not intended to provide medical advice, diagnosis, or treatment. We engaged the services of a licensed physician or other person authorized by law to order a blood test and to receive your results prior to making your reports available to you. However, these interactions are not intended to create, nor do they create, any doctor-patient relationship. The Content and Services (including any reports we provide you) are for informational purposes only. The Services are designed to help support the health related choices that you make. These choices are yours and may require the advice of a health care provider. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment or recommendation regarding medication. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. Furthermore, you should not interpret any Content or reporting we provide you or any other communications from Yesmom as recommending any specific treatment plan, product or course of action. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services!

If you think you may have a medical emergency, call your doctor or local emergency services immediately. The Services does not endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services. The Services provides information and answers to certain reproductive health questions based on the information you input. The information the Services provides are meant to be considered by you and your physician. Reliance on any information provided by the Services is solely at your own risk.

GOVERNING LAW, VENUE AND DISPUTE RESOLUTION

These Terms will be governed by the laws of India, without regard to conflict-of-law principles. You agree that resolution of any dispute or claim arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue in the state and federal courts in India.

If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.

If we are unable to resolve your concerns informally within 30 days after our receipt of your notice, you may file a claim in small claims court so long as you proceed only on an individual basis or commence an arbitration proceeding, which means YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL AND LEAD OR PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS"), then in effect. For the avoidance of doubt, you agree that YOU MAY ONLY BRING CLAIMS AGAINST Yesmom IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, you agree that no arbitrator shall consolidate any other person’s claims with your claims and may not otherwise preside over any form of a multi-party or class proceeding. You agree that the award of the arbitrator will be binding and may be entered as a judgment in any court of competent jurisdiction in India. You agree that we may seek interim or preliminary relief from a court of competent jurisdiction in India, necessary to protect its rights or property pending the completion of arbitration.

Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

INTERNATIONAL USERS AND VISITORS

The owner of the Services is based in India. We provide the Services for use only by persons located in India. We make no claims or representations that the Services or any of its Content is accessible or appropriate outside of India. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside India, you do so on your own initiative and are responsible for compliance with local laws.

Certain companies affiliated with us may provide services and operate websites which may be linked to from our Services and which are governed by their own terms of use and not these Terms of Use, and may be subject to the laws of other local or international jurisdictions.

MISCELLANEOUS

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. This Terms of Use is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. You and Yesmom agree there are no third party beneficiaries intended under these Terms.

These Terms may be subject to change; the result of any change will be reflected on these pages.

Privacy Policy

INTRODUCTION

Yesmom (“Yesmom,” “we,” “us” or “our”) respects your privacy and we are committed to protecting it through our compliance with this privacy policy (“Privacy Policy”).

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website yesmomfertility.com or use our products, services, or applications (the “Services”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. Your use of the Services is at all times subject to the Terms of Service (https://yesmomfertility.com/terms-of-service).

To the extent we notify you of different or additional privacy policies or practices those additional terms shall govern such data collection and use.

By using our Services you consent to our Privacy Policy and our collection, use, and sharing of your information, data and other activities as described below.

This Privacy Policy applies to all information we collect:

Directly from you through our website, through other websites operated by us or by third parties, and offline in connection with your use of the Services.

When and where available, through mobile and desktop applications you download from our website, which provide dedicated non-browser-based interaction between you and us.

In email, text and other electronic messages between you and us and any person interacting with you on behalf of Yesmom.

Via our third party doctors, mobile phlebotomists, and labs.

When you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this policy.

THIS PRIVACY POLICY DOES NOT APPLY TO INFORMATION COLLECTED BY:

any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Services.

The Services are offered and available only to users who are 21 years of age or older.

We do not solicit, collect, or maintain information from people we actually know are under 21 years old. If we obtain actual knowledge that a user is under 18 years old, we will use our best efforts to promptly remove that person’s information from our database. If you are not 21 years of age or older, you must not access or use the Services.

1. WHAT INFORMATION DOES Yesmom COLLECT?

(a) Information You Provide to Us

Through the Services, we may ask you to provide certain categories of information such as: (1) demographic and personal identifiable information, which is information that identifies you personally, such as your first and last name, age, gender email address, address, and phone number (“Personal and Demographic Information”); (2) specific information about your Device (as defined below), such as the type of Device you use to access the Services, IP addresses and other unique device identifiers for your Device, and network information for your Device (“Device Identifiers”), and (3) information about your health (e.g., history of disease, menstrual cycle, symptoms) and information about the medications you are taking (e.g., current medications, current and past birth control methods) (“Health Information”) (“Personal and Demographic Information” and “Health Information” are referred to collectively herein as “Your Information”). In connection with the Services, we may collect Your Information in the following ways:

Through forms you fill out on our website.

Through information provided by you in connection with our Services.

Through surveys, polls, blogs and postings, and submittals.

(b) Information We Collect and Store As You Access and Use the Services

In addition to Your Information and other information that you choose to submit to us via our Services, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect and store certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your mobile phone or computer (your “Device”) whenever you visit or interact with our Services. Usage Information may be non‑identifying or may be associated with you. Whenever we associate Usage Information with Your Information, we will treat it as Your Information. This Usage Information may include: your Device functionality (including browser, operating system, hardware, mobile or local network information);

the areas within our Services that you visit and your activities there, including remembering you and your preferences; and certain other Device data, including the time of day, among other information. We may use various methods and technologies to collect and store Usage Information (“Tracking Technologies”). For example, we use “embedded scripts” or “cookies.” An embedded script (or cookie) is programming code that is designed to collect information about your interactions with the Services, such as the links you click. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter. We may use Tracking Technologies for the following purposes:

Performance-Related. We may use Tracking Technologies that are useful in order to assess the performance of the Services, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Services. Functionality-Related. We may use Tracking Technologies that are required to offer you enhanced functionality when accessing the Services, including identifying you when you visit our Services or keeping track of our specified preferences, including in terms of the presentation of content on our Services.

There may be other Tracking Technologies now and later devised and used by us in connection with the Services. Further, third parties may use Tracking Technologies in connection with our Services, which may include the collection of information about your online activities over time and across Devices and third-party web apps or online services. We do not permit such third parties to access or store Health Information you submit to the Services. We may not control those Tracking Technologies and we are not responsible for them. However, you consent to potentially encountering third-party Tracking Technologies in connection with use of our Services and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties.

(c) Interactions with Third Party Services

The Services may include functionality that allows certain kinds of interactions between the Services and your account on a third-party website, application or other service (such as Facebook or Google). We will never share information with these third-parties without your consent. If you choose to use third-party services, when you use third-party apps or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party services with our Services.

(d) India Do Not Track Disclosures

As noted above, we may collect information about your online activity after you leave our Services using Tracking Technologies. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., browser “Do Not Track” signals). Currently, we do not monitor or take any action with respect to these Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

2. HOW DO WE PROTECT THE INFORMATION COLLECTED?

We understand that protecting Your Information is important and endeavor to incorporate commercially reasonable safeguards to help protect and secure Your Information, including encrypting Your Information while it is at rest and in transit.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All personal information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL or other encryption technology, or will use our third party payment processors, who will use appropriate security procedures.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. You should not share your password with anyone. We urge you to be careful about giving out information in public areas of the Services like message boards. The information you share in public areas may be viewed by any user of the Services.

Unfortunately, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

3. HOW DO WE USE THE INFORMATION COLLECTED?

We may use Your Information or Usage Information for various purposes, including:

o provide the Services to you; to suggest biomarkers to analyze and to design the test you will take; to work with third party service providers to enable them to send you lists of physicians in your area;

to provide you with information (such as electronic newsletters) or to provide you with special offers or promotional and marketing materials on behalf of us or third parties; to enable you to participate in a variety of the Services’ features;

to improve the Services, or our offerings;

to provide customer support; to contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or Services’ policies;

to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

for other internal purposes in connection with our business or the Services; and for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

4. HOW AND WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES?

We do not share, license or sell information we collect or receive from you through the Services in a personally identifiable form with third parties. We may de-identify your Personal and Demographic Information so that you are not identified as an individual, and provide that information to our partners (for example, to enable our partners to publish research based on such de-identified data). We may also provide aggregate Usage Information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person. If you are a India resident, you have the right to request additional information about this sharing, so please see Section (4)(f) below. In addition, we may share the information we have collected about you, including Your Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy. We may disclose your information as follows:

(a) When You Request Information From or Provide Information to Third Parties. You may be presented with an option on our Services to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, Your Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools apps or ads on our Services or link to them from our Services. This may include using third party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third party practices. It may also include ordering or purchasing products or services from third parties through us where we indicate that the third party (not Yesmom) is the seller or provider of such products or services. You can recognize when a third party is associated with such a transaction or service instead of Yesmom, and we will share Your Information with such third party only to the extent that it is related to such transaction or service. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.

(b) Third Parties Providing Services on our Behalf. We may use third-party vendors, contractors, and other service providers to perform certain services on behalf of us or in connection with the Services, such as: (i) to assist us in operation; of the Services (ii) to manage a database of customer information; (iii) hosting the Services; (iv) designing and/or operating the Services’ features; (v) tracking the Services’ activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential. For example, a certified medical provider may review your test report.

Additionally, we may provide your personal information to a third-party payment processor, such as Stripe, to assist us in processing your payments. Unless we tell you differently, our service providers do not have any right to use the information we share with them beyond what is necessary to assist us. We may provide these vendors with access to user information, including Device Identifiers, only as necessary to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Your Information. We are not responsible for those third party technologies or activities arising out of them. However, some may offer you certain choices regarding their practices, and if we receive information from such parties regarding how you can opt-out or customize their use of information about you, we will make that information available on our website. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.

(c) Administrative and Legal Reasons. We may access, use, preserve, transfer, and disclose your information (including Device Identifiers and Your Information) to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend our Terms of Use or other policies applicable to the Services, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Services or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law. Such disclosures may be carried out without notice to you.

(d) Affiliates and Business Transfer. We may share your information, including your Device Identifiers and Your Information and Usage Information with any parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of Yesmom or the Services; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our users is among the assets transferred, and you agree to and do hereby consent to our assignment or transfer of rights to your personal information.

(e) Your India Privacy Rights. As noted above, we may elect to share information about you with third parties for those third parties’ direct marketing purposes. India Civil Code § 1798.83 permits India residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this law applies to you, you may obtain relevant information for the immediately prior calendar year (e.g., requests made in 2017 will receive information about 2016 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a India resident and provide a current India address for our response. To make such a request (limit one request per year), please send an email to: [email protected], with “India Privacy Rights” as the subject line or send us an email requesting our mailing address. You must include your full name, email address, and postal address in your request.

(f) For any other purpose disclosed by us when you provide the information.

5. DO THIRD-PARTY CONTENT, LINKS TO THIRD-PARTY APPS AND/OR THIRD-PARTY SITES APPEAR ON THE SERVICES?

The Services may contain content, links or apps that are supplied by a third party, and those third parties may collect Usage Information and your Device Identifiers when pages from the Services are served to you for their own commercial purposes. In addition, when you are on the Services you may be directed to other apps that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their apps or apps and they may be tracking you across multiple online services and may be sharing the results of that tracking with us and/or others. These third parties may have their own terms of service, privacy policies or other policies and ask you to agree to the same. For example, if you “click” on a link, the “click” may take you off the Services onto a different location. These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal and Demographic Information, and may or may not have their own published privacy policies. We are not responsible for these third-party privacy policies or practices of third-party owners. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications. We also encourage you to note when you leave our Services and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.

6.HOW DO I CHANGE MY INFORMATION AND COMMUNICATIONS PREFERENCES?

You are responsible for maintaining the accuracy of the information you submit to us. You may request to review, correct, or update Your Information through your account settings or by contacting us by email at: [email protected]. We will make good faith efforts to make requested changes in our active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Subsequent or different subscriptions will be unaffected. Please note that we reserve the right to send you certain communications relating to your use of our Services, such as administrative and Services announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications. If you have any questions about the Privacy Policy or the practices described in it, you should contact us by email at:

[email protected]

7. CAN I DELETE MY ACCOUNT?

If you no longer wish to use our Services, you may close your account by sending a request to [email protected]. When closing an account, we remove all personally identifiable information from your account within thirty (30) days of our receipt of your request. However, any Personal and Demographic Information or Health Information that you have previously provided and for which you have given consent to use in Yesmom research cannot be removed from ongoing or completed studies that use the information. Our contracted laboratories, doctors, and mobile phlebotomists may also retain Your Information as required by local law and we may retain backup copies for a limited period of time pursuant to our data protection policies. In addition, we retain limited amounts of your Personal and Demographic Information related to your order history (e.g., name, contact, and transaction data) as long as your account is active or as needed to provide you Services, as well as for accounting, audit and compliance purposes.

8. WHAT ABOUT CHANGES TO THE PRIVACY POLICY?

We reserve the right to change this Privacy Policy at any time, but if we do, we will alert you to changes by placing a notice on our website (https://yesmomfertility.com/), by sending you an email, or by some other means. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Services indicates your consent to the privacy policy posted at the time of use. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable

Refund Policy

What is our refund policy?

Because we want to ship your test to you as quickly as possible, we have a 24 hour refund policy. If you request a refund within that time period we will be able to process it. After the 24 hour period, we are unable to process your refund.