Ovia Health Terms of Use

Last updated 05/15/19


Introduction and summary

Welcome and thank you for your interest in Ovia Health. Our Terms of Use Agreement ("Terms"), along with our Privacy Policy, govern the terms of the relationship between you ("You" or "User" and your spouse or partner if you opt him or her into receiving any Ovia Health content) and Ovia Health ("Ovia Health," "We," "Us," or "our"). You accept these Terms when you use our applications, products, website, content, communications, and services (collectively, the "Services").


Ovia Health’s Privacy Policy Summary

We created our Privacy Policy to protect your data and ensure it is only being used appropriately and in ways that are  compliant with relevant guidelines. We know that privacy policies can often be written in legal language and be difficult to understand. Because maintaining your privacy and trust are incredibly important to us, we want to take the time to explain our Privacy Policy to you in an easy to understand way. Below, you’ll find an abridged, summary version of our Privacy Policy in everyday language. However, this does not replace our Privacy Policy in any way, which you should also read, and which follows this abridged summary

When you use our products, during sign-up, you are asked to review our full Terms of Use and our full Privacy Policy before creating an account. The Privacy Policy outlines how we protect your information, and allows us to share your information only as outlined in the Privacy Policy.


About our Services

It's very important for you to understand that our Services do not constitute or provide medical advice. The Services are provided for educational and information purposes only. We're here to help you make more informed decisions about your fertility, pregnancy, reproductive health and parenting journeys, not to make these decisions for you or take the place of your health care providers. Please do not ask Ovia Health for--or rely on--anything we communicate as medical advice. Although our apps, website, images, content, and communications may reference health-related topics, we make no warranty whatsoever that any of the articles are accurate, up-to-date, or error-free. Even if a statement we make is accurate, it may not apply to you or to your specific symptoms.

The health information we discuss is, at best, general and cannot substitute for the advice of a medical professional (like a qualified physician, physician assistant, nurse, or other licensed healthcare provider). We are not doctors. No one at Ovia Health can take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented in our Services; you're using the Services at your choice and at your own risk. You should not interpret any content included through our Services as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.

If you think you may have a medical emergency, do not use our Services. Please call your doctor or 911 immediately.


Visiting our Website

If you visit our website, we may record your activities, preferences, and transactional data (such as your IP address and browser type), as well as the content you viewed while on our site. While we may collect or log this information, we do not -- and will not -- identify you individually with it or share it.


Personalizing Your Experience

If you sign up to use the Ovia apps, we may collect certain personal information during signup, including first and last name, email address, and date of birth. During signup, though you may choose to sign in with a social media site, we do not share any of your data with those sites, and we do not access any of your data from those sites except for your email.

Because our apps get more personalized the more data you provide, and give you customized content based on your unique fertility, pregnancy, or parenting journeys, how long you've been trying to conceive, or when your baby is due, we may collect certain reproductive health info from you during signup, including your height, weight, due date, baby's name or nickname, time trying to conceive, length of cycle, and date of last menstrual period. You also may choose to tell us more about yourself during your use of our apps, through answering MyQ questions, adding a photo of yourself to your home screen, tracking your health, asking questions in community, and connecting a wearable fitness device to your account.


Ensuring our Apps Work

We collect certain information to ensure our apps are working and improve our services. This information may include number of clicks, browser type, browser language, referring / exit pages and URLs, other browser history, mobile device and platform, landing page visits, pages viewed and the order of those pages, amount of time spent on particular pages, and the date and time.


Ovia Health's Maternity and Family Benefits

We also work with a number of employers and insurance companies to provide them with our maternity and family benefits solution that helps women grow their families and their careers.

If your employer or insurance company has partnered with us as part of our maternity and family benefits, they will alert you that you are able to access additional health content and features on the Ovia apps. If you decide to use our maternity and family benefits product, we may share personal information with your health plan or health plan administrator in order to partner with them to help improve your health.

Outside of health plans and health plan administrators, our employer partners only receive broad, cumulative statistics on app usage such as number of enrollments, number of active users, and average sessions per user.  They do not receive your individual information. On Ovia’s consumer apps, activity in the app is not -- and has never been -- shared with your employer.


How we Protect and Use the Data

Ovia Health takes the security and privacy of its users' information very seriously and complies with stringent standards, including state and federal data privacy requirements. Ovia Health is HIPAA-compliant and HITRUST-certified (the same criteria and privacy standards that medical professionals are required to meet) because we know that the data in our care is sensitive, and we treat it that way. Our HITRUST CSF Certified status indicates that our servers, storage, databases and networking solutions have met industry-defined requirements.

There are times where either we -- or a trusted third party who is required to uphold our Privacy Policy -- may need to access your individual level data. For instance:


Emailing You

We'll email you to let you know of important updates or changes about our products or features, our partners, material changes to our Privacy Policy and our Terms of Use, or anything else newsworthy, and we’ll also post changes to our Privacy Policy, our Terms of Use on our website. You are automatically signed up to receive these informational emails when you sign up for our apps. You also have the option of choosing to receive emails from Ovia Health as reminders or notifications, and can change these notification and reminder settings in the “Settings” section of our apps or from the footer of any email by clicking on the "unsubscribe" link at the bottom the email. However, in order to protect your privacy and make sure you are up to date on our latest privacy policies, you cannot opt-out of Privacy Policy emails.

We reserve the right to transfer your personal information in the event that someone purchases Ovia Health or our assets are acquired. If this happens, we will notify users who have provided email addresses with information about this.


Sharing Content with Others

If you choose to use any features that let you share content with an ‘Invitee,’ such as your partner, to your health journey via emails or app-based content, we may ask you for information such as their name, their email address, and their relationship to you. We may use that person’s email address to send them an invitation to our Services as you requested, daily emails, your user health updates, sponsored promotions, and other communications. By accepting our Privacy Policy, you understand that the individual you invite will receive some of the personal information you have entered into the app and asked for them to receive, including any images you have uploaded. If you do not want your feed or information shared with other people, do not invite others to view your activity.


Data Security

We have designed our services to protect data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, including using industry-leading data storage and protection service providers. However, because no Internet data transmission is ever completely secure or error-free, \ we cannot guarantee or warrant the security of any information that you transmit to us. You use our Services at your own risk. Despite our efforts to protect your personal information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted. If you provide your username and password to other people or if you use a public computer that does not log you off our Services, your data may not be protected. Please do not share your Ovia Health credentials and always log off of public or shared devices.

If we ever learn of a significant security breach, we may attempt to notify you electronically so that you can take appropriate steps to protect yourself. You may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), you must notify us at support@oviahealth.com. By using the Services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services.


Updating, Accessing, or Requesting Deletion of Your Data

You may request the deletion of your personal information.

Upon receiving your request, we will delete your personal information received in the course of delivering our Services from our active databases and, where feasible, from our backup media. However, it is not technologically possible to remove each and every record of the information you have provided to Ovia Health from our servers. We will not delete the posts or comments you've written and shared publicly, including on social media or in any Community or chat features; however you may delete these posts and comments.

For instructions on changing any of your privacy preferences or for any privacy or data-protection-related question, contact us at the address below.


Ovia Health Inc.
308 Congress Street
Floor 6
Boston, MA 02210


Full Terms of Use Agreement


  1. Entering the Agreement

All use of our Services is subject to the terms and conditions set forth below. Please read these terms carefully. If you do not agree with all of them, you may not use the Services and should not enter any of your information into our app(s) or website(s), or communicate any information to our wellness coaches or to other team members.

BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS IS A LEGALLY BINDING AGREEMENT. You acknowledge that your use of the Services constitutes the use of an electronic signature, and you agree that using the Services is your written acknowledgement that you were provided with the information in these Terms. Your use of the Services after your initial acceptance, even if these Terms of Use change, demonstrates your continued acceptance of these Terms.

You agree that you will only use Ovia Health's Services in accordance with these terms and conditions, the most important clauses of which state that you will only use the Services in non-emergency situations; that you are seeking the Services for informational and/or educational purposes only; that you will not seek any diagnosis, prognosis, treatment, prescription, product recommendation, or medical advice of any kind; and that all Services are provided 'as is' and without warranty or representation.

  1. Eligibility

You may not use the Services if you are A) under 18 years of age; B) a direct competitor of Ovia Health investigating the Services for competitive research; or C) otherwise using the Services for a harmful, malicious, disruptive, or unlawful purpose.

  1. Parties to this Agreement

These Terms describe a contractual agreement between you, the user of the Ovia app or website ("you", "your"), and Ovia Health Inc. and its subsidiaries and affiliates (collectively "Ovia Health", "us", "we", "our"), regarding your use of the applications we offer through mobile devices and the Internet, our website, or any other element of our Services. We have the right to cancel our service, in our discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that Ovia Health has the right to terminate or suspend your account in the event that we determine, at our sole discretion, that you have violated these Terms, including participating in any activities that adversely affect other users’ experiences.

  1. Modification of these Terms

Ovia Health reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time with or without specific notice to you other than through posting such modified Terms on our website, through our applications, or both. The Terms will include the most recent date of revision and will be effective immediately upon posting unless otherwise specified herein. In the event of a material change to these Terms, we will attempt to notify you directly through a message sent to the e-mail address you provided upon registration or through the use of a notification in or through the mobile application. You hereby acknowledge and agree that you will review these Terms periodically for any changes and review the date of last revision at the beginning of the Terms. If you are dissatisfied with the Services, then you agree that your sole and exclusive remedy is to discontinue any use of the Services.

  1. Description of the Services

5.1 Summary. Our Services help users better understand their reproductive health and/or accomplish related goals, including conceiving, tracking a baby's growth during a pregnancy, having a healthier pregnancy, and learning about a child’s development. Users can choose to record certain personal information (as defined in our Privacy Policy) through the Services to receive a more personalized experience. Ovia Health's proprietary health algorithms analyze users' data and provide customized content in return. For example, users may track their menstrual periods, symptoms, and weight to receive feedback on when they are most fertile. The Services are educational only and provide no guarantee that users will accomplish any of their reproductive health goals.

5.2 Communications. Our Services may include communications or content that you receive outside of the Ovia applications, including email messages, push notifications, phone calls, videoconferencing, or our website materials.

5.3 User license grant to Ovia Health. Subject to the obligation to maintain the confidentiality of personal information about a user as identified in the Privacy Policy, You, as a user of the Services grants Ovia Health a non-exclusive, royalty-free, perpetual, and irrevocable license, to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, communicate to the public, and otherwise utilize your de-identified (anonymized) personal information and information about Your use of the Service, for purposes including but not limited to (a) improving the Service or the functionality of the website or the applications; (b) for external and internal marketing of the Services and applications; (c) creating new content for the applications, website, blog, or social media channels.

5.4 Use and disclosure of information.  If, and only if, you voluntarily enroll in Ovia Health as part of a fertility and maternity program offered by your insurer, healthcare provider, or employer, by, for instance entering their information or providing electronic permission through these parties or their technology platform, you acknowledge that your health information, including but not limited to Protected Health Information, may be disclosed without your written authorization to a HIPAA Covered Entity such as your health plan or health plan administrator, or as directed by them to a HIPAA Business Associate.  These organizations have a legal obligation to maintain the privacy and security of your protected health information. The information shared may include, for instance, information you voluntarily enter about your fertility, pregnancy, and parenting journey, such as how long you have been trying to conceive, when your baby is due, your height, weight, length of cycle, date of last menstrual period, and your responses to health assessment questions.  Again, we will never share this information unless you sign up for an Ovia Health program through your healthcare provider, health plan, or employer, or as required by law.

Additionally, in order to connect you with benefits, some limited information about your activity in the apps may be shared with organizations that provide a benefit to you (such as an incentive program) for using the Ovia apps. For example, we may share that you logged in to the app or entered data in the app. We would not share your entered data with benefits companies, unless they are Covered Entities or Business Associates as described in the preceding paragraphs.

Outside of health plans and health plan administrators, our employer partners only receive broad, cumulative  statistics on app usage such as number of enrollments, number of active users, and average sessions per user. They do not receive your individual information.

By voluntarily signing up for Ovia Health as part of a program offered by your insurer, healthcare provider, or employer, you are confirming that you want your information to be disclosed as described here.

5.5 Ovia Health Maternity and Family Benefits. Some users will have access to additional features within the app as part of the maternity and family benefits provided by their employer or their insurer.

  1. Assumption of risk; no guarantee of success

6.1 Content disclaimer. A variety of information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials ("Content") is available through the Services. Some of the Content is provided by Ovia Health or its suppliers, and other Content is provided by users, such as MyQ poll statistics and any Community features. While Ovia Health strives to keep the Content that we post accurate, complete, and up-to-date, Ovia Health cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Ovia Health or its suppliers, or by users of our Services. Any opinions, advice, statements, or other information expressed or made available by users or third parties are the responsibility of those respective users or other third parties and not of Ovia Health. Ovia Health does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made anywhere in the Services, including, importantly, within the Community feature.

Ovia Health does not have any obligation to prescreen, edit, or remove any Content provided by users that is posted on or available through the Services. Notwithstanding the foregoing, Ovia Health will have the right (but not the obligation), in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

6.2 Assumption of risk. You use our Services at your own risk.

  1. Ovia Health does not provide medical advice

THIS IS FUNDAMENTALLY IMPORTANT: Ovia Health does not provide medical advice.

Please do not ask Ovia Health for--or rely on--anything that we communicate as medical advice. Although Ovia Health’s Services may contain articles on medical topics, we make no warranty whatsoever that any of the articles are accurate. Even if a statement we make about a health or medical issue is accurate, it may not apply to you or a child in your care’s symptoms.

The health or medical information we write about is, at best, general and cannot substitute for the advice of a licensed medical professional (like a qualified doctor/physician, physician assistant, nurse, or other healthcare provider). We are not doctors. No one at Ovia Health can take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented in our materials. You should not interpret anything in our Services as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.

The content of our Services, such as text, graphics, images, information obtained from our medical partners, sponsors, advertisers, and licensors are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you, or a child in your care, may have a medical emergency, call your doctor or 911 immediately.

Ovia Health does not endorse or guarantee any specific tests, products, procedures, opinions, or other information that may be mentioned on the Ovia Health Site. Reliance on any information provided by Ovia Health, Ovia Health employees, or others appearing in our Services is solely at your own risk. No claims, representations, or warranties, whether expressed or implied, are made as to the safety, reliability, and performance of any tests, products, or services.

  1. License to use the Services

Subject to your acceptance of these Terms, Ovia Health grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of the Services and to display the results of such Services for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view, or alter any source code or object code of Ovia Health or our licensors.

  1. Your contact with advertisers or other third parties through the Services

In using our Services, you may come across content (such as hyperlinks, articles, timeline content, Community questions and advertisements) provided by or linking to third party properties. Your dealings with advertisers or other third parties found on or accessible through our Services are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions; the payment for and delivery of items; your viewing or visiting content advertised by third parties; and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to users and should not be construed as an endorsement or guarantee by Ovia Health of content, items, or services on those third-party websites. Your access and use of such sites, including the content, items, or services on those sites, are solely at your own risk.

Ovia Health does not make any representations or warranties with respect to any content or privacy practices of such third parties or any items or services that may be obtained from such third parties, and you agree that Ovia Health will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties’ information or materials on the website.

Affiliate marketing:

Our website contains some affiliate marketing links, which means we get paid commission on sales of those products or services we write about. Our editorial content is not influenced by advertisers or affiliate partnerships.

The following is information that is required by our affiliate marketing partners:


As an Amazon Associate Ovia earns revenue from qualifying purchases.


We use Skimlinks and more information about their data collection is set out in their privacy policy at http://skimlinks.com/privacy-policy

What information does Skimlinks collect about Users through its technology and how does it use this information?

We use cookies to collect the information we need to optimize the product/Merchant links we monetize/create, and improve the service we provide to Publishers, Merchants, Advertisers and Users. Cookies also enable us to carry out audience segmentation, iei.e., we divide Users into groups based upon defined criteria such as product usage, demographics, communication behavior and media use. We synchronize cookie identifiers with third parties in order to enrich the Service and offer personalized experiences across the web. As you browse Skimlinks Enabled Sites, cookies will be placed on your Computer so that we can understand what you are interested in. These anonymous profiles allow for the customization of websites and targeting of content, including but not limited to advertising. You can disable skimlinks cookies here.

For information about your advertising choices, please see the DAA opt-out program (currently available at http://www.aboutads.info/choices) and the NAI opt-out program (currently available at http://www.networkadvertising.org/choices/).

  1. Intellectual property

Ovia Health's Services and the information contained therein is the property of Ovia Health and our affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents, or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute, or publish any part of the Services unless we expressly permit you to in these Terms.

“Ovia Health”, “Ovia”, “Ovia Fertility”, “Ovia Pregnancy”, “Ovia Parenting” and “MyQ” are trademarks of Ovia Health, Inc.

  1. Notice and takedown procedures / DMCA

If you believe any materials accessible on or from our Services infringes your copyright, you may request removal of those materials (or access thereto) by contacting Ovia Health and providing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512:

In an effort to protect the rights of copyright owners, Ovia Health maintains a policy for the termination of users who are infringers.

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that a material or activity is infringing may be subject to liability.

  1. Use of Ovia Health Content

Ovia Health authorizes you to view or download a single copy of the material contained in the Ovia Health Services solely for your personal, noncommercial use, so long as you do not remove the copyright and other proprietary rights notices that were contained in the Content.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Ovia Health or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Ovia Health. All rights not expressly granted herein are reserved to Ovia Health and its licensors.

Nothing contained on the Ovia Health Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Ovia Health or such third party that may own copyrights in material displayed on this web site.

If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

  1. Limitation of liability / disclaimer of warranties

Use of the Ovia Health Services is at your own risk.

Ovia Health and its partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on any Ovia Health Service. In particular, but without limitation, you are agreeing that Ovia Health is not liable under any theory of law for any compensatory, indirect, special, incidental, punitive, or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, a failure to obtain medical treatment or any other action or omission of behavior following any information or advice found on our site or in any Ovia Health Service, or any aspect of your relationship with a spouse or partner, whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Our Services would not be provided without these limitations, and if you do not agree to these limitations, please do not use the Services. No advice or information you obtain from us through the Services or in support of the Services shall create any warranty, representation, or guarantee not expressly stated in these Terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations and exclusions may not apply to you. Notwithstanding the foregoing, in the event that Ovia Health is found to have a liability to you, you agree that our aggregate liability for any cause whatsoever (except for a violation by Ovia Health of our Privacy Law) and regardless of the form of action will at all times be limited to the amount that you or your employer paid, if any, to Ovia Health with respect to your individual use of the Ovia Health Service in question. In addition, you specifically agree and acknowledge that Ovia Health is not liable for the content submitted by any other user, or any defamatory, offensive, or illegal conduct of a third party.


Specifically, Ovia Health MAKES NO REPRESENTATIONS OR WARRANTIES about the following:

In no event will Ovia Health, its officers, directors, employees, affiliates, agents, attorneys, representatives, be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Ovia Health Services. You will hold Ovia Health, its officers, directors, employees, affiliates, agents, attorneys, representatives, harmless for any such actions or decisions taken by you in reliance upon such information.

  1. Statute of limitations

Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred.

  1. User-submitted content

15.1 Representations made and rights granted. You are responsible for all Content that you submit, post, or otherwise make available to or through the Services. By doing so, you represent and warrant to Ovia Health that such content is not the confidential information of another person or entity and that you have all necessary permission to submit, post, and otherwise make available such Content. Ovia Health makes no claims to ownership of Content including photos that you submit, post, or otherwise make available to or through the Services and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to Ovia Health and our affiliates a worldwide, nonexclusive, perpetual, global, royalty-free right and license (subject in all cases to the Privacy Policy) as set below:

15.2 Sharing of Content with Family and Friends. You have the ability to invite family members and/or friends (“Invitee”), to see and receive content through our applications. These Invitees may have the same access to Ovia-generated content as you do; he or she will also be able to invite others (“Invitees”). Be mindful of who you invite; this person may have access to personal information that you have entered. When you choose to share your application experience with Invitees, those individuals will be able to view and share your content including, but not limited to, posts, notes, messages, photos, videos, etc. The Invitee may also be able to add content to your application experience, such as notes, photos, videos, etc. If you do not want your personal information shared with Invitees, you should not invite family members and/or friends to view or receive your content.

15.3 Photos and Names in Ovia Parenting. When you submit a child’s profile photo and name in Ovia Parenting, that image and name will be used in Ovia’s daily emails to Invitees and account owners. By submitting the child’s photo and name, you acknowledge that such is not confidential and that you have all necessary permission to submit, post, and otherwise make the photo and name available and consent to Ovia using that photo within the app and in email communications to Invitees and account owners. It is important that you understand that emails with a child’s photo and name could easily be forwarded to anyone by either an Invitee or an account owner. If you do not want a child’s photo and name to be distributed widely, you should not submit a child’s profile photo or name.

15.4 Prohibited content. You agree that the following actions shall constitute a material breach of these Terms, and that you will not upload or transmit any communications or content of any type that:

  1. Usage rules

In addition to the prohibited content rules in Section 16.4, you agree that your use of and conduct on the Services shall be lawful and will not:

  1. Your privacy

We care deeply about your privacy, but you should still be careful and act responsibly and carefully before using the Services. The information you provide to the Services may be sensitive and of a highly personal nature, and you should investigate the data storage policies and retention capabilities of any equipment you use to access the Services, including those of any devices used to access our Services. If you are not the exclusive owner or user of a device used to access the Services, then you may want to avoid using such device for accessing the Services. Be aware that many computers provided by employers are subject to policies that may allow remote access and monitoring, and any information you communicate to the Services may be subject to access and monitoring by your employer.

Disclosing personal information may be embarrassing and subject you to mental and physical harm. All disclosures that you make about yourself on or through our Services are made at your own risk, and Ovia Health shall not be responsible for any damages, injury, or harm, including physical injury, which may arise from any disclosures that you make. Please also see our separate Privacy Policy for more information on data practices.

  1. Children's privacy

Ovia Health conforms to the Children's Online Privacy Protection Act (COPPA). Our services are not intended for children under age 13. We do not knowingly collect personally identifiable information via the Services from users in this age group. We may, however, collect information about children and babies from their parents who are using our Services. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through our Services for the minor. We ask that our users not provide information about a baby or child, if they do not have guardianship of the child, without first getting the parents' consent. We encourage parents to talk with their children about smart practices when giving out information online. Please also see our separate Privacy Policy for more information on data practices.

  1. Passwords

All registered members of the Ovia Health Site are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their Ovia Health passwords or accounts. It is the registered member’s sole responsibility to: (1) control the distribution of their passwords or account information; (2) authorize, monitor, and control access to and use of their Ovia Health account and password; (3) inform Ovia Health of any need to deactivate their password or change their registration, as soon as possible.

For any Ovia Health-related account, we recommend choosing passwords that are:

  1. General

Ovia Health operates and controls the Services from our offices in the United States. We make no claims that the Services or Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Ovia Health Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Limitation of liability / Disclaimer of warranties, Indemnification, User Submissions, Jurisdiction, and Complete Agreement

  1. Dispute resolution

If a dispute arises between you and Ovia Health, our goal is to provide you with a neutral and cost-effective means of resolving the issue quickly. In the event of a dispute, we encourage you to contact us first to resolve your problem directly with us. You may contact us regarding any complaints or disputes in the “Contact us” section below in these Terms.

  1. Jurisdiction

These Terms are governed by the substantive laws of The Commonwealth of Massachusetts (excluding its choice of law rules). The parties consent to the exercise of exclusive jurisdiction by the state or federal courts in The Commonwealth of Massachusetts for any claim relating to these Terms. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Massachusetts in connection with any such dispute including any claim involving Ovia Health or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

  1. Availability of Services

Ovia Health may discontinue or change our Services at any time with or without prior notice and without liability to you. We make no guarantee that our Services will be available at all times or without interruption.

  1. Termination

24.1 Termination by Ovia Health. You agree that Ovia Health may terminate your account at any time for your violation of any of the provisions of these Terms.

24.2 Termination by you. If you are dissatisfied with the Ovia Health Services, please let us know by e-mailing us at support@oviahealth.com. Your only other remedy with respect to any dissatisfaction with (a) the Services, (b) any portion of these Terms, (c) any policy or practice of Ovia Health in providing the Services, or (d) any content or information transmitted through the Website or the app, is to terminate the Services and your account. You may terminate the Services at any time by discontinuing your use of any and all parts of our Services and providing Ovia Health notice of termination by emailing us at support@oviahealth.com.

24.3 Consequences of termination. Upon the termination of your account, either by you or Ovia Health, your access to your personal information shall immediately terminate and you are solely responsible for maintaining copies of any personal information you have uploaded to the Services. Ovia Health may retain copies of your personal information upon the termination of your user account on backup media. Please see our Privacy Policy for more information about your user data.

  1. Assignment

The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without Ovia Health's prior written consent, but may be assigned by Ovia Health without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.

  1. No agency

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ovia Health as a result of these Terms or use of the Ovia Health Services.

  1. Complete Agreement

These Terms constitute the entire agreement between you and Ovia Health with respect to the use of the Ovia Health Site and Content. Your use of the Ovia Health Site is also subject to the Ovia Health Privacy Policy. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

  1. Contact us

For questions or comments about the Terms, please email us at support@oviahealth.com.

You can also reach us by mail at:

Ovia Health Inc.
308 Congress Street
Floor 6
Boston, MA 02210

Thank you for using our Services; we really appreciate it!