Terms of Use

IVF Guide Terms of Use

Last Updated: January 26, 2024

Welcome, and thank you for your interest in IVF Guide Inc d.b.a. FertilityIQ (“IVF Guide”, “we”, or “us”) and our websites at www.fertilityiq.com and www.inflectioniq.com, along with our related websites, networks, applications, and other services provided by us (collectively, our “Service”). These Terms of Use are a legally binding contract between you and IVF Guide regarding your use of the Service.

Our websites may contain information on treatment and family building options that may not be available or legally permissible in all jurisdictions. It is the responsibility of the individual accessing this resource to check with local physicians and organizations to confirm information appropriate to their jurisdiction and ensure that their family building efforts comply with all applicable laws.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “IAGREE,” OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE IVF Guide PRIVACY POLICY (TOGETHER, THE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.

  1. IVF Guide Service Overview
    1. Summary for Reviewers
      IVF Guide provides a structured platform for individuals who have been “Verified Patients” of a particular doctor to rate their experience with that doctor and fertility clinic by filling out a “Review Form” (also called an “Insight”) provided by the Service. To be a Verified Patient, also referred to as a “Reviewer” one must complete the “Review Form” and provide proof that he or she received services from the doctor being reviewed. The Review Form will collect demographic information, fertility history, information regarding personality and preferences, and feedback on the experience with a doctor and clinic. IVF Guide will use this information provided through the Review Form in accordance with our Privacy Policy.  
    2. Summary for Consumers
      Individuals using the Service to consume information written by us or written by Verified Patients rather than to review a doctor are referred to as “Consumers”. Information provided to Consumers is informational and educational content only. In order for the Service to display relevant “Reviews” Consumers may be asked to provide some history including demographic information, current e-mail address, fertility history, and personality and preference information. IVF Guide will use this information in accordance with our Privacy Policy.
    3. IVF Guide is not a Medical Provider & Content is not Medical Advice
      The Content available on our websites, whether in the form of courses, articles, videos, or other written content, is for general informational purposes only. It is not a substitute for medical advice, diagnosis, or treatment from a qualified healthcare provider familiar with your unique facts. Always seek the advice of a physician or qualified health provider with any questions you may have regarding a medical condition or treatment. Never disregard professional medical advice or delay seeking it because of something you have read on our websites!
      Some information available to Consumers through the Service takes the form of Reviews of clinics and doctors written by Verified Patients. IVF Guide displays these opinions and does not guarantee their accuracy. The Service is not a medical provider and the Reviews do not constitute medical advice. The Verified Patients who have written reviews are not doctors, and they are solely commenting on their experience of being a patient with a particular doctor (which IVF Guide has not independently verified). The Service does not represent the views of any doctor or clinic. Because IVF Guide is not a medical provider, the Service is not covered by HIPAA.
    4. You are Responsible for Choosing Your Own Healthcare Provider
      The Reviews made available through the Service are solely for informational purposes. You hold responsibility for choosing your own healthcare team. We will provide you with lists of doctors and Reviews of those doctors. Additionally, we may provide information based on other criteria, such as Reviews written by Verified Patients with a similar profile (meaning demographics, personality traits, preferences, or fertility history). The information in those Reviews is solely the opinion of the Reviewer and is not a recommendation by IVF Guide of a doctor or medical provider. IVF Guide does not endorse or recommend any individual doctor or clinic, and it does not make guarantees about the professional qualifications, expertise, quality, price, or insurance policies of any doctor listed through IVF Guide.
  2. Eligibility. You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization. If you are a Reviewer, you represent that you are using the service on behalf of yourself. If you are a Consumer, you represent that you are using your subscription to the service yourself or sharing with your immediate family only.
  3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at info@fertilityiq.com.
  4. Payment. Access to the Service, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable. If IVF Guide changes the fees for the Service, including by adding additional fees or charges, IVF Guide will provide you advance notice of those changes. If you do not accept the changes, IVF Guide may discontinue providing the Service to you. IVF Guide will charge the payment method you specify at the time of purchase. You authorize IVF Guide to charge all sums as described in these Terms, for the Service you select, to that payment method. If you pay any fees with a credit card, IVF Guide may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. The Service may include functionality for activating, updating or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Service, you authorize IVF Guide to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Service to update or cancel any existing authorized one-time or recurring payment, it may take up to thirty (30) days for the update or cancellation to take effect. Any courses you purchase on our websites will remain active for 1 year after purchase – after 1 year your access will expire and you will be required to purchase the course again for access.
  5. User Content
    1. User Content Generally. Certain features of the Service may permit users to upload or post content to the Service, including reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
    2. Limited License Grant to IVF Guide. By posting or publishing User Content, you grant IVF Guide an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
    3. Ability to upload and not publish. Consumers may also be able to upload certain User Content to their private account. This content uploaded to a private Consumer or Reviewer accounts will not be posted publicly.
    4. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
      1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize IVF Guide and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by IVF Guide, the Service, and these Terms; and
      2. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause IVF Guide to violate any law or regulation.
    5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. IVF Guide may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against IVF Guide with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, IVF Guide does not permit copyright-infringing activities on the Service.

  6. Digital Millennium Copyright Act

    1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

      IVF Guide Inc
      ATTN: Legal Department (Copyright Notification)
      2443 Fillmore Street #133
      San Francisco, CA 94115
      Email: copyright@ivfguide.com

      Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
      2. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
      3. a description of the material that you claim is infringing and where it is located on the Service;
      4. your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
      6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    2. Repeat Infringers. IVF Guide will promptly terminate without notice the accounts of users that are determined by IVF Guide to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.

  7. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
    3. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
    4. review a doctor or clinic you have not consulted with on potential services, seen as a patient, or utilized services or advice from;
    5. include information in a Review that is false or misleading;
    6. create a Review or User Content attesting to experiences that are not your own;
    7. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    8. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
    9. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
    10. encouraging anyone to falsify Reviews, create Reviews that are not based on real experience, or encourage anyone other than a patient to contribute a Review;
    11. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 12) or any right or ability to view, access, or use any Material; or
    12. attempt to do any of the acts described in this Section 7, or assist or permit any person in engaging in any of the acts described in this Section 7; or
    13. as a Consumer, share your access to the Service, data from the Service, screenshots from the Service, or any other information downloaded or collected from the Service with any persons outside the one other member of your immediate family who is included in your license; or
    14. as a doctor, medical clinic, or other party, use any information from the Service for marketing or other purposes.

  8. Third-Party Services and Linked Websites. The Service may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

  9. Termination of Use; Discontinuation and Modification of the Service. You may terminate your account at any time by contacting customer service at info@fertilityiq.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, IVF Guide may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. If the Service is discontinued and you have chosen an access plan in which you have pre-paid for a subscription term, you will be refunded for any remaining portion of the subscription term. If the service is modified but not discontinued, we will have no liability whatsoever.

  10. Additional Terms

    1. Privacy Policy. Please read theIVF Guide Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The IVF Guide Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
    2. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service, subject to Section 11. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

  11. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

  12. Ownership; Proprietary Rights. The Service is owned and operated by IVF Guide. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, Reviews, doctor ratings, and all other elements of the Service (“Materials”) provided by IVF Guide are protected by intellectual property and other laws. All Materials included in the Service are the property of IVF Guide or our third-party licensors. Except as expressly authorized by IVF Guide, you may not make use of the Materials. IVF Guide reserves all rights to the Materials not granted expressly in these Terms.

  13. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant IVF Guide an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty- free right to exploit the anonymized Feedback in any manner and for any purpose, including to improve
    the Service and create other products and services, provided that IVF Guide does not nameor identify you or your employer.

  14. Disclaimers; No Warranties

    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE IVF Guide ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE IVF Guide ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF SAN FRANCISCO, CALIFORNIA.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE IVF GUIDE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

    SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  15. Limitation of Liability

    IN NO EVENT WILL THE IVF GUIDE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY IVF Guide ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

    EXCEPT AS PROVIDED IN SECTION 19.4(iii), THE AGGREGATE LIABILITY OF THE IVF Guide ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO IVF Guide FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  16. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and IVF Guide agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for the purpose of litigating any dispute. We operate the Service from our offices in California.

  17. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and IVF Guide regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections [0, 4, 5, and 6 through20], along with the Privacy Policy and any other accompanying agreements, will survive.

  18. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

  19. Contact Information. The Service is offered by IVF Guide Inc, located at 2443 Fillmore Street #133, San Francisco CA 94115. You may contact us by sending correspondence to that address or by emailing us at info@fertilityiq.com.