Privacy Policy + Terms and Conditions

 

PRIVACY POLICY

Last updated: August 10, 2022

Please read this Privacy Policy carefully before using the navie App. The protection of your privacy and information is extremely important at navie. This Privacy Policy explains how we collect, use, disclose, and safeguard information when you download, install, register with, access, or use the navie App and any other Services that post or include a link to this Privacy Policy.

Words defined in the navie Terms of Use have the same meaning in this Privacy Policy.

Please read this Privacy Policy carefully.  IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, DO NOT ACCESS THE NAVIE APP.

CHANGES TO PRIVACY POLICY

We reserve the right to make changes to this Privacy Policy at any time and for any reason. Modifications will be effective as of the “Last updated” date identified at the beginning of this Privacy Policy. We will attempt to alert users of the navie App directly through a message sent to the email address provided to us or via a notification through the navie App before any material change takes effect on the published “Last updated” date. You are also encouraged to periodically review this Privacy Policy. Your continued use of the Services after following changes to this Privacy Policy constitutes your acceptance of the Privacy Policy as modified.

APPLICATION OF PRIVACY POLICY

This Privacy Policy applies only to the information we collect via use or access to our navie App or Site; in email, text and other electronic communications sent through or in connection with our navie App or Site, and information we may obtain from third parties if such information is combined with a navie App user’s Personally Identifiable Information (defined below).  This Privacy Policy DOES NOT apply to the third party online/mobile store (such as the Apple App Store or the Google Play Store) from which you install the navie App or make payments, information collected in other apps or websites (including third party websites you may access through navie App), or information collected by any third party.  These third parties have their own privacy policies, which we encourage you to read prior to providing information on or through them.

INFORMATION WE COLLECT

Navie App

The information we may collect via navie App depends on the content and functions within navie App that you use and the User Content you submit, which may include the following:

– Identification and personal details (e.g. name, email address, age, sex assigned at birth)

– Appointments or calendar information

– Medications/prescriptions

– Lab results

– Ultrasound and procedure results

– Genetic information

– Physical health information

– Fertility health history

– Fertility treatment details (e.g. treatment protocols, treatment outcomes)

You are not obligated to provide the above User Content which may personally identify you (“Personally Identifiable Information”), however, you may not be able to create an account or to utilize all of the functions of navie App if such information is not provided. Submission and use of User Content is subject to Section 8 of the Terms.

Although we will not use it to identify navie App users, we may automatically collect additional information during your use of our Services including the navie App (“Usage Data”). Such Usage Data may include where you purchased navie App, and technical information about your device (such as mobile device IDs, hardware model, operating system, mobile network, and location data), your IP address, operating system and browser type; and length of engagement with certain aspects of navie App.

Site

The information we may collect when you visit our Site includes the following:

– User Content you may voluntarily provide including identification details such as name and email address

– Usage Data we may automatically collect, including: technical information about your device (such as device IDs, hardware model, operating system, mobile network, and location data), your IP address, operating system, internet service provider, browser type, Site pages you visit and page interaction information (such as clicks and mouse overs)

We may combine all of the information we collect from or about you and use it in the manner described in this Privacy Policy.

HOW WE USE INFORMATION

Site and Services

We use information collected through our Services, including our Site, to maintain, operate, and provide you with the customized and personalized features and functionality of the Services. We may also use this information to diagnose or fix technology problems, to communicate with your regarding the Services, to protect your rights related to your use of the Services, to optimize and improve our Services, to display advertisements within our Services, and to protect the rights, property, or safety of navie, our Services, users of our Services or others. We may also use collected information to comply with any court order, law, or legal process as required.

We may combine information we obtained from third parties, such as data brokers, with information collected from you for our own marketing purposes. We may also use the combined information to improve our Services, including functionality of our Site and within navie App, develop new services and products, display targeted ads on our Site and within navie App, and customize our own marketing communications to our users and potential users.

We may use and disclose Anonymized Data without restriction. “Anonymized Data” is information that has been modified to remove all Personal Identifying Information, so that the data cannot be linked to a specific individual.

Mobile Device Access

In order for certain functions to work within navie App, we may request access or permission to certain features from your mobile device, including your mobile device’s calendar, camera, contacts, microphone, reminders, SMS messages, storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.

Navie App

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience.  Specifically, we may use information collected about you via navie App to:

– Create and manage your account

– Compile Anonymized Data and anonymous statistical analysis for use internally or with third parties

– Deliver targeted advertising, coupons, newsletters, and other information regarding promotions, navie App, and our Services to you

– Email you regarding your account or order

– Enable user communications with Invitees

– Fulfill and manage purchases, orders, payments, and other transactions related to navie App, including processing payments and refunds

– Customize and personalize user functionality within navie App

– Increase the efficiency and operation of navie App

– Monitor and analyze usage and trends to improve user experience with navie App

– Notify you of updates to navie App, our Terms, or this Privacy Policy

– Offer new naive and third party products, services, mobile applications, and/or recommendations to you

– Perform other business activities as needed

– Prevent, monitor, and protect against fraud, theft, and criminal activity

– Request feedback and contact you about your use of navie App

– Resolve disputes and troubleshoot problems

– Respond to your requests

– Solicit support for navie App

HOW WE SHARE OR DISCLOSE INFORMATION

Navie will not:

– Sell information we have collected from you;

– Use information we have collected from you for materially different, unrelated, or incompatible purposes; or

– Share or disclose information we have collected from you except as set out in this Privacy Policy.

Your information may only be shared or disclosed as follows:

– By Law or to Protect Rights. If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

– Third-Party Service Providers. We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, user service, and marketing assistance. 

– Marketing Communications. With your consent, or with an opportunity for you to opt-out, we may share your information with third parties for marketing purposes, as permitted by law.

– Interactions with Other Users. If you interact with Invitees or other users of navie App, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.

– Online Postings. When you post comments, contributions or other content to navie App, your posts may be viewed by all users and may be publicly distributed outside navie App by other users.

– Third-Party Advertisers and Business Partners. We may serve ads for third-party and business partner products and services to our users within navie App. We may use information we have collected from you and third parties in order to provide advertisements about products, services, or promotions of interest to you.

– Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company, My Fertility Health, Inc., and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

– Social Media Contacts. If you choose to interact with navie’s social media pages or accounts, your information such as your screen name, profile photo, and other information you share may be viewed by others and shared outside of the social media network.

– Sale or Bankruptcy. If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party.

– Other Third Parties. We may aggregate information to share with third parties such as investors, professionals, and advertisers for the purpose of conducting general business analysis, promoting our Services, and marketing. 

TRACKING TECHNOLOGIES

Cookies

We use Cookies for tracking, analytics, personalization, and optimization of the Site. You can remove or reject Cookies from our Site by modifying your web browser settings, but be aware that such action could affect the availability and functionality of the Site. We may use cookies, web beacons, tracking pixels, and other tracking technologies (collectively “Cookies”) on navie App to help customize navie App and improve your experience.

Website Analytics

We may use third party service providers to assist with our remarketing through the use of first party Cookies to, among other things, analyze and track users’ use of the Services, determine the popularity of certain content, and better understand online activity.

THIRD PARTY WEBSITES

Our Services may contain links to third party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you use these links to leave our Services, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third party websites or applications, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from our Services.

SECURITY OF YOUR INFORMATION

We use administrative, technical, and physical security measures to help protect your information. While we have taken reasonable steps to secure the information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. 

CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy. 

OPTIONS REGARDING YOUR INFORMATION

Account

At any time, you may review or change your information in your navie account or terminate your navie account by:

– Logging into your account settings to update or terminate your account; or

– Contacting us using the contact information provided below.

Emails and Communications

If you do not wish to receive correspondence, emails, or other communications from us, you may opt-out by:

– Noting your preferences at the time you register your account with us;

– Logging into your account settings to update your preferences; or

– Contacting us using the contact information provided below.

Push Notifications

We may request to send you push notifications regarding your account or navie App. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

DATA RETENTION

How long we retain your information depends on the type of information and purpose for which we collected the information from you. We will retain your information for the period necessary to fulfill the purposes outlined in the Privacy Policy unless a longer retention period is required or permitted by law.

Upon the effective date of termination of your account by navie or you, we will deactivate your account from our active databases. We may, but are not obligated to, retain your deactivated account and associated User Content, including Personally Identifiable Information, for twelve months. We will provide you notice and the opportunity to reactive your account and access to your User Content prior to deletion. User Content you have shared with Invitees and online postings you have made within the Services may be retained within the Services pursuant to the Terms. We will also retain information regarding you and your account in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms and/or comply with legal requirements.

CHILDREN

Navie does not knowingly collect Personally Identifiable Information from individuals under the age of 16. If you are under the age of 16, you should not submit any information through the Services. If you have reason to believe that we may have accidentally received Personally Identifiable Information from an individual under the age of 16, please contact us using the contact information below.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

CONTACT US

If you have questions or comments about this Privacy Policy, please contact us at:

My Fertility Health, Inc. d/b/a navie App

  • 26400 NE Valley Street
  • PO Box 1750
  • Duvall, WA 98019
  • copyright.dmca@navieapp.com

 

 
 

TERMS OF USE

LAST UPDATED: 8/18/2022

Welcome to navie, operated by My Fertility Health, Inc. (“navie”). The navie services include the website located at https:www.navieapp.com (the “Site”) and the navie mobile software applications (each a “navie App”) available through the Apple App Store and the Google Play Store (collectively, the Site and the navie Apps are referred to as the “Services”). These Terms of Use (the “Terms”) govern the relationship between the user of the Services (“you” or “your”) and navie (sometimes referred to as “us”, “we” or “our”). The navie Privacy Policy described in Section 7 also applies to your use of the Services. The additional provisions in Sections 17 and 18 apply to your use of navie Apps. These Terms and the navie Privacy Policy are referred to together as the “Agreement.”

  1. Eligibility to Use the Services; Acceptance of Agreement; Changes to Agreement
    1. Eligibility to Use the Services. The Services are not intended for use by persons less than 16 years of age. You may not access or use the Services if you are under 16 years of age. If you are at least 16 years of age, but less than 18 years of age, you must obtain the permission of your parent or legal guardian before using the Services, and your parent or legal guardian must accept the terms of the Agreement. If you do not meet these eligibility requirements, please delete any navie App you have downloaded to your device and do not access or use the Services.
    2. Geographical Restrictions. Navie provides the Services for use only by persons located within the United States. navie makes no representation that the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from other locations, you do so on your own initiative and you are solely responsible for compliance with local laws.
    3. Acceptance of Agreement. By checking a box or clicking a button on the Site or within a navie App indicating that you agree to the Agreement, or by using the Services, you accept the terms of the Agreement. You may not use the Services unless you accept the terms of the Agreement. The Agreement constitutes a binding legal agreement between you and navie. Therefore, you should read the terms of the Agreement carefully.
    4. Changes to the Terms. We reserve the right to modify these Terms at any time with or without specific notice to you other than through posting the modified Terms on the Site, through the navie Apps, or both. The beginning of the Terms indicates the most recent date of revision of the Terms. All modifications will be effective immediately upon posting unless otherwise specified in these Terms. If we make a material change to the Terms, we will attempt to notify you directly through a message sent to the email address you provided to us or via a notification in or through a navie App. You acknowledge and agree that you will review the Terms periodically for any changes and review the date of last revision at the beginning of the Terms. If you do not agree to the terms and conditions of the Terms as modified, you must discontinue your use of the Services. Your continued use of the Services following changes to the Terms constitutes your acceptance of the Terms as modified.
  2. Important Notices
    1. THE SERVICES DO NOT CONSTITUTE MEDICAL ADVICE. NAVIE DOES NOT PROVIDE MEDICAL ADVICE AND THE SERVICES ARE NOT INTENDED TO, AND DO NOT CONSTITUTE, MEDICAL ADVICE. NAVIE IS NOT A LICENSED HEALTH CARE PROVIDER, AND THE SERVICES ARE NOT A SUBSTITUTE FOR INDIVIDUALIZED ADVICE, DIAGNOSIS, OR TREATMENT FROM A QUALIFIED HEALTHCARE PROFESSIONAL. EACH PERSON IS UNIQUE, AND INFORMATION MADE AVAILABLE THROUGH THE SERVICES MAY BE APPROPRIATE FOR SOME PERSONS BUT MAY NOT BE APPROPRIATE FOR YOU. THEREFORE, YOU SHOULD CONSULT A QUALIFIED PHYSICIAN, PHYSICIAN’S ASSISTANT, NURSE, OR OTHER HEALTHCARE PROFESSIONAL WHEN MAKING HEALTH CARE DECISIONS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CONTACT A HEALTHCARE PROFESSIONAL OR CALL 911.
    2. USE AT YOUR OWN RISK. THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES IS GENERAL BY NATURE, DOES NOT TAKE INTO CONSIDERATION ALL OF YOUR UNIQUE CIRCUMSTANCES, AND IS FOR INFORMATIONAL PURPOSES ONLY. SUCH INFORMATION MAY CONTAIN ERRORS AND IS PROVIDED “AS IS.” YOU SHOULD NOT RELY ON THE INFORMATION WHEN MAKING HEALTH CARE DECISIONS. IF YOU RELY ON THE INFORMATION, YOU DO SO AT YOUR OWN RISK.
    3. IMPORTANT DISPUTE RESOLUTION TERMS. THESE TERMS REQUIRE RESOLUTION OF ANY DISPUTE BETWEEN YOU AND NAVIE ON AN INDIVIDUAL BASIS AND INCLUDES A CLASS ACTION WAIVER. PLEASE SEE SECTION 15 OF THESE TERMS FOR MORE INFORMATION.
    4. AUTOMATIC SUBSCRIPTION RENEWAL AND AUTOMATIC CHARGES. NAVIE MAY OFFER SUBSCRIPTIONS THAT AUTOMATICALLY RENEW. TO AVOID BEING CHARGED FOR A RENEWAL, YOU MUST AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION BEFORE THE END OF A TRIAL OR YOUR THEN-CURRENT SUBSCRIPTION TERM. PLEASE SEE SECTION 6.5 OF THESE TERMS FOR MORE INFORMATION. 
  3. License to Use the Services. Subject to your acceptance of and compliance with all the terms and conditions of the Agreement, including without limitation the restrictions set forth in Section 4 of the Terms, navie grants to you a limited, revocable, non-exclusive and non-transferable license to access and use the Services solely for your personal, non-commercial purpose. All rights and licenses not expressly granted to you by navie in the Terms are reserved.
  4. Restrictions on Your Use of the Services. Your use of the Services is subject to certain restrictions contained in these Terms, including the following restrictions: (a) you may not use the Services for any commercial purpose; (b) you may not modify, create derivative works of, decompile, reverse engineer, copy, distribute, or sublicense the Services, or any information or content (excluding your User Content) provided by navie through the Services; (c) you may not impersonate any person or entity when using the Services; (d) you may only submit to the Services information that is true, accurate, current and complete; (e) you will abide by all laws, rules and regulations applicable to your use of the Services; (f) you may not interfere with use of the Services by other users; (g) you may not interfere with the proper working of the Services, including without limitation, transmitting any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design (collectively, “Harmful Code”) to or through the Services; (h) except as may be the result of use of a standard search engine or browser, you may not use any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, including, without limitation, to create an account; or (i) 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.
  5. Trials and Beta Services

The provisions of this Section 5 apply with respect to your access to and use of all Services provided on a Trial basis and all Beta Services (as each term is defined below) and will prevail over any conflicting provisions in the Terms.

    1. Trials. Navie may offer you access to and use of the Services for a specified period of time on a no-cost basis (a “Trial”). navie reserves the right, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice to you and without incurring any liability to you or others.
    2. Beta Services. Navie, or a third-party service provider acting on behalf of navie, may make available certain features, technologies, and services available to you that are not yet generally available, and which are labeled as “beta,” “beta testing,” “pre-release” or similar designation (“Beta Services”). You may agree to use or decline to use Beta Services in your sole discretion. If you elect to use Beta Services, you agree to comply with all additional guidelines and procedures navie provides or makes available to you in connection with your use of Beta Services, including without limitation, making reasonable efforts to provide Feedback to navie about the Beta Services. Beta Services are made available to you for the purposes of evaluation and obtaining feedback, without any compensation or reimbursement of any kind to you. Navie may discontinue the provision of Beta Services, or terminate your access to and use of Beta Services, at any time in its sole discretion. Notwithstanding anything to the contrary in the Terms, if navie discontinues the provision of Beta Services, or terminates your access to and use of Beta Services, (a) you will not have any further right to access or use the Beta Services, and (b) any User Content provided or used in connection with the Beta Services may be deleted or made inaccessible. Navie may choose not to make features, technologies, or services provided as Beta Services generally available. YOU ACKNOWLEDGE AND AGREE THAT BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE, MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS, AND MAY BE SUBJECT TO INTERRUPTION. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF BETA SERVICES.
    3. Warranty and Liability Disclaimer. TRIALS AND BETA SERVICES ARE PROVIDED “AS IS” WITHOUT ANY INDEMNITY, LIABILITY, WARRANTY, OR REMEDY OF ANY KIND, AND WITHOUT ANY OBLIGATION TO PROVIDE YOU ANY MAINTENANCE, TECHNICAL SUPPORT OR OTHER SUPPORT. NAVIE AND ITS THIRD-PARTY SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING TRIALS OR BETA SERVICES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NAVIE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION, OR OTHER IMPLIED TERM AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
    4. Confidentiality. You acknowledge and agree that: (a) Beta Services, and information exchanged between you and navie in connection with Beta Services, constitutes navie’s confidential information; (b) the successful commercial release of features, technology and services included within Beta Services, if any, requires that Beta Services participants keep all navie data and information discussed and/or made available through or contained in the Beta Services strictly confidential; (c) the premature release of any such data or information may damage navie’s competitive and intellectual property interests; and (d) you will not share information about the Beta Services with anyone other than navie or its agents or representatives.
  2. Accounts; Fees; Payments
    1. Navie Account. You may be required to create an account with navie and specify a password to use certain parts or features of the Services. If you create an account, you agree to provide truthful and accurate information about yourself during the account creation process or when providing updated information. If the information you provide when you create an account subsequently changes, you agree to update your account by providing the new information. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to or uses your password or your account, and you are responsible for any activity that happens under your account, whether taken by you or someone else. Therefore, please keep your password confidential. If you believe that the security of your account has been compromised at any time (e.g., through theft or the unauthorized use of your password), please notify us promptly at support@navieapp.com.
    2. Termination of Account. Except as otherwise required under applicable law, navie reserves the right to restrict access to, suspend or terminate your navie account or your access to and/or use of the Services at any time, for any reason, at our sole discretion. You may terminate your account at any time, for any reason, by using any account termination mechanism we make available through the Services or by providing notice of termination to us at support@navieapp.com. Upon any termination of your Account, your right to access and use the Services shall immediately terminate. You are solely responsible for maintaining backup copies of any information or materials you submit to the Services, and navie will not be responsible for any loss of such information or materials or for your inability to access such information or materials following the termination or suspension of your account or your access to the Services.
    3. Fees; Taxes. Access to the Services, or certain features of the Services, may require the payment of fees or other charges (“Fees”). Before you pay any Fees, we will provide you with an opportunity to review and accept the Fees. Unless otherwise indicated, all Fees are in U.S. dollars and all payments must be in U.S. currency. Unless otherwise indicated, all Fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You shall remain responsible for all Taxes.
    4. Payments. You must provide and maintain a valid payment method to pay for all Fees. Fees will be charged to any valid payment method that you authorize (“Authorized Payment Method”). Payments may be processed by navie’s third-party payment processor or, with respect to navie Apps, by Apple, Google, or their respective third-party payment processors.
    5. Subscriptions.
      1. 6.5.1.Subscription Billing Authorization. Access to the Services, or certain features of the Services, may be made available to you on a paid subscription basis (“Subscription”). BY PROVIDING YOUR AUTHORIZED PAYMENT METHOD AND ELECTING TO PURCHASE A SUBSCRIPTION, YOU AUTHORIZE NAVIE, APPLE, OR GOOGLE (OR ANY OF THEIR RESPECTIVE THIRD-PARTY PAYMENT PROCESSORS), AS APPLICABLE, TO CHARGE YOUR AUTHORIZED PAYMENT METHOD FOR THE APPLICABLE MONTHLY OR ANNUAL SUBSCRIPTION FEES AND ANY APPLICABLE TAXES, INCLUDING ANY RECURRING FEES. PLEASE SEE SECTION 6.5.4 FOR INFORMATION ABOUT RECURRING FEES.
      2. 6.5.2.Trial Periods; Billing Date; Automatic Conversion of Trial to Paid Subscription. The length of any Trial may vary. You will be required to provide an Authorized Payment Method prior to beginning a Trial, but you will not be charged any Fees before or during the Trial. The first day following the conclusion of your Trial or, if you did not participate in a Trial, then the day you purchase a Subscription, is the first day of your billing cycle (“Billing Date”). If you participate in a Trial, your Authorized Payment Method will automatically be charged for the applicable Subscription Fees on the first day following the end of your Trial, on a recurring monthly or annual basis, unless you cancel the Trial before the end of the Trial in the manner described in Section 6.5.5 below. FOR THE AVOIDANCE OF DOUBT, IF YOU DO NOT CANCEL YOUR TRIAL PRIOR TO THE END OF THE TRIAL, YOUR ACCESS TO THE SERVICES WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION AND YOU WILL BE CHARGED THE THEN-CURRENT SUBSCRIPTION FEE, AS SPECIFIED AT THE OUTSET OF SUCH TRIAL, ON THE BILLING DATE. TO CANCEL A TRIAL, PLEASE FOLLOW THE INSTRUCTIONS IN SECTION 6.5.5 BELOW. WE WILL PROVIDE YOU ADVANCE NOTICE OF THE END OF YOUR TRIAL AS REQUIRED UNDER APPLICABLE LAW.
      3. 6.5.3.Subscription Term; Automatic Renewal. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BY PURCHASING A SUBSCRIPTION (OR ELECTING TO CONTINUE UNDER A SUBSCRIPTION BASIS FOLLOWING A TRIAL), YOU AGREE THAT YOUR SUBSCRIPTION WILL CONTINUE FOR THE PERIOD OF TIME YOU SELECT AT THE TIME OF PURCHASE (THE “SUBSCRIPTION TERM“). YOU FURTHER AGREE THAT AT THE END OF EACH SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A SUBCRIPTION TERM OF EQUAL DURATION UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 6.5.5 BELOW. WE WILL PROVIDE YOU ADVANCE NOTICE OF THE END OF YOUR INITIAL SUBSCRIPTION TERM AS REQUIRED UNDER APPLICABLE LAW.
      4. 6.5.4.Automatic Recurring Fees. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNLESS YOU CANCEL YOUR SUBCRIPTION PRIOR TO THE RENEWAL OF YOUR SUBSCRIPTION TERM, THEN FOR EACH SUCH RENEWAL SUBSCRIPTION TERM, YOUR AUTHORIZED PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED THE THEN-CURRENT SUBSCRIPTION FEE RATE IN EFFECT AT THE TIME OF SUCH RENEWAL, PLUS ANY TAXES, ON YOUR BILLING DATE, BASED ON THE TYPE OF SUBSCRIPTION (E.G., ON A PARTICULAR DATE EACH MONTH FOR A MONTHLY SUBSCRIPTION); PROVIDED THAT IF SUCH SUBSCRIPTION FEES ARE HIGHER THAN THE FEES PAID BY YOU FOR THE IMMEDIATELY PRECEDING SUBSCRIPTION TERM, WE WILL PROVIDE YOU NOTICE OF THE NEW FEES PRIOR TO THE TIME OF THE RENEWAL. IF, HOWEVER, THE BILLING DATE OF YOUR SUBSCRIPTION IS ON THE 29TH, 30TH, OR 31ST DAY OF A MONTH, AND YOUR BILLING DATE DOES NOT EXIST IN A PARTICULAR MONTH BECAUSE THERE ARE FEWER THAN 29, 30, OR 31 DAYS, AS APPLICABLE IN THE PARTICULAR MONTH THAT PAYMENT IS DUE, THEN YOUR BILLING DATE FOR THAT PARTICULAR RENEWAL WILL BE ON THE LAST DAY OF THE MONTH IN WHICH YOUR BILLING DATE WOULD OTHERWISE FALL.
      5. 6.5.5.Subscription and Trial Cancellation. To cancel (a) a Subscription at any time, or (b) a Trial at any time prior to the expiration of the Trial, you must log into your Apple or Google account, as applicable, and use the cancellation mechanism provided prior to the next scheduled renewal date of your Subscription or the expiration of your Trial to avoid being charged for the next Subscription Term (whether for a renewal Subscription Term or an initial Subscription Term following a Trial, as applicable). If you cancel your Subscription or Trial, you may continue to use the Services until the end of your then-current Subscription Term or the end of your Trial, as applicable, after which your ability to access the Services shall terminate. If you cancel your Subscription, you will not be eligible for a refund of any portion of the Subscription Fees paid for the then-current Subscription Term. If navie does not receive payment for a Subscription renewal prior to the date of renewal, navie may terminate or suspend your Subscription and/or access to the applicable Services. UNINSTALLING THE NAVIE APP DOES NOT AUTOMATICALLY CANCEL YOUR SUBSCRIPTION.
  3. Privacy. Navie values your privacy. Please review our Privacy Policy, available at http:// www.navieapp.com/privacy-policy, for more information about how navie collects, uses, stores, and discloses your information.
  4. User Content.
    1. Submission of Your User Content. Certain aspects of the Services permit you (or a person or entity acting on your behalf) to submit information or materials to the Services, including without limitation, text, data, images, videos, comments, feedback and other materials. All such information and materials submitted by you or on your behalf to the Services are referred to in these Terms as “User Content”.
    2. Representations You Make About Your User Content. You are responsible for all User Content you submit, or cause to be submitted, to or through the Services. For all such User Content, you represent and warrant to navie that: (a) you own or have all necessary rights and permissions to submit the User Content to the Services and to grant the license granted by you to navie in this Agreement with respect to User Content; and (b) the User Content does not infringe or violate the rights, including without limitation privacy and intellectual property rights, of any person or entity. Navie does not obtain any ownership rights in your User Content, and you maintain all ownership rights you have in such User Content. However, you grant to navie a worldwide, irrevocable, non-exclusive, royalty-free, sublicensable, license to use, reproduce, adapt, modify, publish, display, translate, create derivative works from, and distribute your User Content for the purpose of providing the Services to you and for developing and improving navie’s products and services, in all cases in accordance with the provisions of the Terms.
    3. Prohibited User Content. You may not submit, or cause to be submitted, to the Services any User Content: (a) that is defamatory, slanderous, untrue, intentionally misleading, threatening, abusive, harassing, hateful, or that promotes violence, unlawful activities, or hatred; (b) that infringes or violates the rights, including without limitation privacy or intellectual property rights, of any person or entity; (c) that violates any applicable laws, rules, or regulations; (d) that contains Harmful Code; (e) for the purpose of impersonating another person or entity; or (f) for the purpose of engaging in, advertising, soliciting, or promoting any commercial activity.
    4. Communications and Sharing of User Content with Third Parties. The Services may provide you with the ability to communicate and share User Content with family, friends, healthcare providers, other users of navie’s services, or other third parties (“Invitees”). You should use caution when electing to communicate with or share User Content with Invitees. By doing so, such persons or entities may obtain access to User Content that contains your personal information, medical information, or other sensitive information, and they may share or otherwise disclose such information and User Content to others with or without your knowledge or approval. You are solely responsible for the consequences of choosing to communicate or share User Content with Invitees and navie will have no liability to you as a result of your choice to do so. Navie has no obligation to review or screen communications between you and Invitees made through the Services but reserves the right to screen, remove, edit, or block any User Content that, in our sole judgment, violates these Terms or is otherwise objectionable.
  5. Ownership and Intellectual Property.
    1. Navie Services and Content. Navie and its licensors own all rights, title, and interest, including all intellectual property rights, in the Services and all information made available to or through the Services (excluding User Content). The Services and all information made available to or through the Services are protected by the laws of the United States and other countries. The term “navie” and the navie Logo are trademarks and service marks of My Fertility Health, Inc. All other trademarks, service marks, and trade names appearing on or through the Services are owned by their respective third parties. The Terms do not grant you the right to make use of any trademark, service mark, or trade name.
    2. Claims of Copyright Infringement; DMCA Notices. Navie respects the intellectual property rights of others and is committed to complying with United States copyright laws. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you believe that any materials available on the Services infringes your copyright or the copyright of a third party for whom you are authorized to act, you may notify our designated agent by using the procedures described in this Section 9.2 and in the DMCA. After receiving a notice that complies with the DMCA, we may remove or disable access to any infringing material. Our designated agent to receive notices of copyright infringement is:
  • navie DMCA Agent
  • 26400 NE Valley St., #1750
  • Duvall, WA 98109
  • copyright.dmca@navieapp.com
  • (206) 659-7768

The notice must include the following information:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable navie to locate the material;
  4. information reasonably sufficient to enable navie to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

It is navie’s policy to terminate the rights of any user to access or use the Services if such user is either found to have repeatedly infringed the copyright of others, or who navie believes, in our sole discretion, is infringing such rights.

  1. Suspension and Termination
    1. Suspension and Termination. Subject to applicable law, navie may suspend or terminate your navie account or your access to the Services at any time, for any reason, including without limitation your breach of the Agreement, to protect navie, its users or third parties, or where necessary, in navie’s reasonable opinion, to preserve the security and proper operation of the Services. You may terminate your account at any time by notifying us through the means provided from within your account or by emailing us at support@navieapp.com. If you have a Trial or Subscription at the time you notify us that you wish to terminate your account, your Trial or Subscription will terminate in accordance with the terms set forth in Section 6.5.5.
    2. Effect of Termination. Upon the effective date of termination of your account by either navie or you, your access to your account and any User Content within your account shall immediately terminate and all licenses granted by navie to you in the Terms shall also terminate.
    3. Survival. Sections 3, 5.4, 5.5, 7, 9, 10.2, 10.3 and 12 through 18 will survive any termination of your account or these Terms.
  2. Third-Party Services and Links. Navie may provide links on or through the Services to websites, applications, services, or content owned and/or operated by third parties (“Third-Party Services”). Any links to Third-Party Services are provided by navie only as a convenience, and the inclusion of a link on the Services does not imply that navie is affiliated with, endorses, or approves of any Third-Party Services. Navie has no control over Third-Party Services, and navie makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, availability, reliability, quality, truthfulness, or legality of any Third-Party Services. The navie Terms and Privacy Policy to not apply to or govern your use of any Third-Party Services. You should carefully review the terms, conditions, and policies of any Third-Party Services that you visit or use.
  3. Disclaimer of Warranties. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NAVIE AND ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
  4. Indemnification. To the extent permitted under applicable law, you agree to indemnify, defend, and hold harmless navie and its officers, agents, and employees, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, made by any third-party due to or arising out of your User Content, your use of our Services, your breach of the Agreement, or your violation of the rights of any person or entity. Navie reserves the right to assume the defense and control of any claim or proceeding that is subject to indemnification by you, in which event you will cooperate with navie in asserting any available defenses. These indemnification obligations will survive any termination of your relationship with navie or the Agreement.
  5. Limitations of Liability. IN NO EVENT SHALL NAVIE, ITS EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVICE PROVIDERS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR INABILITY TO USE THE SERVICES, (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, INACCURACIES, OR DELAYS IN THE SERVICES, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES; OR (E) ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, PANDEMICS, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND NAVIE’S REASONABLE CONTROL. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF NAVIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF NAVIE FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND THE SERVICES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID NAVIE IN THE PRECEDING TWELVE (12) MONTHS.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

  1. Governing Law; Jurisdiction; Class Action Waiver
    1. Governing Law; Jurisdiction. The Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Washington and the United States of America. You and navie agree that any claim or dispute either of us may have against the other must be resolved by a state or federal court located in King County, Washington, U.S.A. The preceding sentence does not apply to any claim for equitable relief in which navie or you is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret rights).
    2. Class Action Waiver. YOU AND NAVIE EACH AGREE THAT BY ENTERING INTO THE AGREEMENT, EACH PARTY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION AGAINST THE OTHER IN A COURT OR IN ARBITRATION. FURTHER, YOU AND NAVIE EACH AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
  2. General Terms
    1. Electronic Communications. You consent to receive electronic communications from navie and you agree that all agreements, notices, disclosures, and other communications that navie provides to you electronically, whether via email or through the Services, satisfy any legal requirement that such communications be in writing.
    2. Waiver. No waiver by navie of any term or condition of the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of navie to assert a right or provision under the Agreement shall not constitute a waiver of that right or provision.
    3. Severability. If any provision of the Agreement becomes or is deemed invalid or unenforceable, this shall not affect the validity of the remaining provisions of the Agreement.
    4. Assignment. Navie may assign its rights and duties under the Agreement to any party at any time.
    5. Entire Agreement. The Agreement constitutes the sole and entire agreement between you and navie regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
  3. Additional Provisions for navie App Available Through the Apple App Store

The provisions of this Section 17 apply to the navie App available through the Apple App Store. If any provision in this Section 17 conflicts with any provision in Sections 1 through 16 of the Terms, the provision in this Section 17 shall govern.

    1. Acknowledgement. You acknowledge and agree that the Terms (including this Section 17) form an agreement solely between navie and you, and that Apple, Inc. (“Apple”) is not a party to the Terms.
    2. Scope of License. The license granted to you under the Terms to access and use the Services through the navie App is limited to a non-transferable license which permits you to use the navie App on such Apple-branded products as you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (available at https://www.apple.com/legal/internet-services/itunes/), as amended from time to time; provided that the navie App may also be accessed, acquired, and used by other accounts associated with your Apple Account via such features and functions as Apple, at its sole discretion, may make available to you.
    3. Maintenance and Support. If you experience any defects or performance issues with respect to the navie App which require maintenance or support, you agree that you will contact navie and not Apple. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the navie App.
    4. Warranty. In the event of any failure of the navie App to conform to any applicable warranty set forth in the Terms, you may notify Apple, and Apple will refund the purchase price for the navie App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the navie App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty with respect to the navie App will be the responsibility of navie, to the extent provided in the Terms.
    5. Claims. Navie, not Apple, shall be responsible for the following claims to the extent that they arise under the Terms, in each case solely to the extent required by applicable law:
      1. 17.5.1.Product Claims. Any claims brought by you, or by any third party, relating to the navie App and/or your possession and/or use of that navie App, including, but not limited to: (i) product liability claims; (ii) claims that the navie App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
      2. 17.5.2.Intellectual Property Rights. Any third-party claim that the navie App and/or your possession and use of that navie App infringes upon that third party’s intellectual property rights; in which case navie shall be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
    6. End User Representations and Warranties. You represent and warrant that (i) you are compliant with, and shall continue to comply with, all third-party terms and/or agreements applicable to your use of the navie App; (ii) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (iii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    7. Apple As Third-Party Beneficiary. Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, as modified by this Section 17, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
    8. If you have any questions, complaints or claims with respect to the navie App available through the Apple App Store, you may contact us at: support@navieapp.com.
  2. Additional Provisions for navie App Available Through the Google Play Store

The provisions of this Section 18 apply to the navie App available through the Google Play Store. If any provision in this Section 18 conflicts with any provision in Sections 1 through 16 of the Terms, the provision in this Section 18 shall govern.

    1. Acknowledgement. You acknowledge and agree that the Terms (including this Section 18) form an agreement solely between navie and you, and that Google LLC (“Google”) is not a party to the Terms.
    2. Defects or Performance Issues. If you experience any defects or performance issues with respect to the navie App, you agree that you will contact navie and not Google. You may contact us at: support@navieapp.com.
    3. License of the navie App. If you download or purchase a copy of the navie App using a Google Account that is part of a “family group” (as such term is used with respect to the Google Play Services), the license granted to you under the Terms to access and to use the navie App, shall extend to all members of your family group, and each member of your family group who accesses and/or otherwise uses the navie App shall be subject to the Terms.
    4. User Information. By accessing and/or using the navie App, you acknowledge and agree that:
      1. 18.4.1.If you register for an account in connection with your use of the navie App, navie shall have the ability to access, monitor, use, or disclose certain User Information that is available to you, and/or provided by you, in your account. As used in this Section 18, the term “User Information” means personal information that you enter into the navie App in connection with your access to and/or use of the navie App (including, without limitation, usernames, passwords, or other login information or personal information).
      2. 18.4.2.Navie shall have the right to provide such User Information to its service providers, subcontractors, sub-processors, and other third parties in connection with its provision of the Services to you, subject to the terms of the navie Privacy Policy and applicable laws.
      3. 18.4.3.You hereby consent to the access, monitoring, use, and disclosure of your User Information by navie and by Google, solely to the extent necessary to provide the Services, and subject to applicable laws.
      4. 18.4.4.If you provide User Information to the navie App which relates to your Google account, the navie App will only use such information to access your Google account with your authorization, and for the limited purposes that you have authorized; provided that navie’s use of User Information relating to a Google account may be deemed to have been authorized based on applicable privacy settings in your Google account.
    5. Google’s Liability. Google will not be responsible for and will not have any liability whatsoever insofar as such liability arises from the Terms. Nothing in this Section 18 shall be read to modify or limit your or Google’s obligations under the Google Play Terms of Service.

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