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Legal Rights & Agreement Rules · Context
The page is the Ovia Health by Labcorp Terms of Use, and it carries the version note “Last updated 08/26/25”. This dated version is the agreement analyzed here.
Ovia Health by Labcorp Terms of Use
Last updated 08/26/25
Legal Rights & Agreement Rules · Context
The Terms of Use Agreement, together with the Ovia Health Privacy Policy, governs the relationship between the user — including an opted-in spouse or partner who receives Ovia Health content — and Ovuline, Inc., doing business as Ovia Health by Labcorp, and its affiliates including Laboratory Corporation of America Holdings and its subsidiaries and affiliates, collectively “Ovia Health”. A user accepts the Terms simply by using the Services, which the agreement defines broadly as applications, products, website, content, email and other communications, and services.
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Our Terms of Use Agreement (“Terms”), along with our Privacy Policy, governs 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 Ovuline, Inc., doing business as Ovia Health by Labcorp
You accept these Terms when you use our applications, products, website, content, email and other communications, and services (collectively, the “Services”).
Legal Rights & Agreement Rules · Context
Near the top of the Terms, a banner notifies the reader that the agreement contains a mandatory arbitration provision that waives the reader's right to a jury trial and requires arbitration on an individual basis. The banner itself does not state where the provision is located; the dispute-resolution provisions of Section 20 are analyzed when that section's packet is read.
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PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A JURY TRIAL AND REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS.
Account & Service Control · Restriction or exception
If you do not agree with all of the Terms, you may not use the Services, you should not enter any information into the Ovia apps or websites, and you should not communicate information to Ovia's wellness coaches or other team members.
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If you do not agree with all of them, you may not use the Services and you 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.
Legal Rights & Agreement Rules · Company practice
Ovia Health treats use of the Services as agreement to be bound by the Terms and Conditions and as a legally binding agreement between the user and Ovia Health. Use of the Services constitutes an electronic signature and written acknowledgement that the user was provided the information in the Terms. Use of the Services after initial acceptance — even after the Terms change — demonstrates continued acceptance of the changed Terms.
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BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND OVIA HEALTH.
Your use of the Services after your initial acceptance, even if these Terms of Use change, demonstrates your continued acceptance of these Terms.
Legal Rights & Agreement Rules · Restriction or exception
As part of entering the agreement, the user agrees that they are seeking the Services for informational and/or educational purposes only, that they 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.
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You agree that you are seeking the Services for informational and/or educational purposes only; that you will not seek any diagnosis, prognosis, treatment, prescription, product recommendation, or medical advice of any kind; and that all Services are provided ‘as is’ and without warranty or representation.
Account & Service Control · Restriction or exception
The Services may not be used by anyone under 13, or by anyone for whom parental consent is required under applicable law to use the Services or provide personal data to Ovia Health. Section 17 elaborates this restriction: Ovia Health states it conforms to COPPA, its services are not intended for children under age 13, and it does not knowingly collect personally identifiable information from users in that age group via the Services — though it may collect information about children and babies from their parents who are using the Services, and asks users not to provide information about a baby or child without guardianship without first getting the parents' consent.
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You may not use the Services if you are A) under 13 or if parental consent is required under applicable law for you to use the Services or provide personal data to Ovia Health
17. Children’s privacy
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.
Security & Safeguards · Restriction or exception
Beyond the age rule, users may not use the Services if they are a direct competitor of Ovia Health investigating the Services for competitive research, or are using the Services for a harmful, malicious, disruptive, or unlawful purpose. Users certify they are not listed on any sanctions list published by the U.S. Departments of Commerce, Treasury, or State (including the Specially Designated Nationals or Blocked Persons List and the Denied Persons List), and certify they are not accessing any Services or Content from an embargoed destination such as Cuba, Iran, or North Korea. Separately, the Services are not intended for use in Quebec.
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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
You certify that you are not listed on any sanctions list published by the U.S. Departments of Commerce, Treasury, or State, including, but not limited to, the Specially Designated Nationals or Blocked Persons List or Denied Persons List and you certify you are not accessing any Services or Content (as defined below) from an embargoed destination such as Cuba, Iran, or North Korea.
The Services are not intended for use in Quebec.
Account & Service Control · Company practice
Ovia Health has the right to cancel its service at any time in its discretion for any reason or for no reason. Ovia Health may also terminate or suspend a user's account or access to any product features when it determines, at its sole discretion, that the user violated the Terms, including participating in activities that adversely affect other users' experiences.
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We have the right to cancel our service at any time in our discretion for any reason or for no reason.
Ovia Health has the right to terminate or suspend your account or your access to any product features in the event that we determine, at our sole discretion, that you have violated these Terms
Legal Rights & Agreement Rules · Company practice
Ovia Health may change, modify, add, or remove portions of the Terms at any time, with or without specific notice beyond posting the modified Terms on its website, through its applications, or both. Published Terms include the date of the most recent revision and are effective immediately upon posting unless otherwise specified. If a change is material, Ovia Health will attempt to notify users directly by message to the registration email address or through a notification in or through the mobile application. Users acknowledge that they agree to review the Terms periodically and the date of last revision at the beginning of the Terms.
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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.
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.
Legal Rights & Agreement Rules · Restriction or exception
If a user is dissatisfied with the Services, the Terms state that the user's sole and exclusive remedy is to discontinue any use of the Services.
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If you are dissatisfied with the Services, then you agree that your sole and exclusive remedy is to discontinue any use of the Services.
Legal Rights & Agreement Rules · Context
Section 5 opens by describing what the Services are designed to do: help users better understand their health and/or accomplish related goals, including conceiving, tracking menopause, tracking a baby's growth during a pregnancy, having a healthier pregnancy, and learning about a child's development.
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5. Description of the Services
Our Services are designed to help users better understand their health and/or accomplish related goals, including conceiving, tracking menopause, tracking a baby’s growth during a pregnancy, having a healthier pregnancy, and learning about a child’s development.
5.1 Summary.
Data Access & Collection · Permission or license
Section 5.1 states that users can choose to record certain personal data, as defined in the Ovia Health Privacy Policy, through the Services in order to receive a more personalized experience. Section 17 qualifies data entered about children: users without guardianship of a child are asked not to provide information about a baby or child without first getting the parents' consent, and the parent or guardian assumes full responsibility for interpreting any information or suggestions the Services provide for the minor.
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Users can choose to record certain personal data (as defined in our Privacy Policy) through the Services to receive a more personalized experience.
17. Children’s privacy
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.
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.
Inference & Profiling · Company practice
Ovia Health states that its proprietary health algorithms analyze users' data and provide customized content in return, with the stated goal that users achieve better health outcomes from the content provided. As an 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 goals.
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Ovia Health’s proprietary health algorithms analyze users’ data and provide customized content in return, with the goal that users will achieve better health outcomes due to the content Ovia has provided.
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 goals.
Use & Processing · Context
Section 5.2 states that the Services may include communications or content received outside the Ovia applications: email messages, push notifications, phone calls, videoconferencing, social media content and interactions, and website materials.
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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, social media content and interactions, and our website materials.
Data Access & Collection · Company practice
Section 5.3 states that Ovia collects, uses and shares the user's personal data as described in the Ovia Health Privacy Policy, which users are told they should review.
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5.3 Use of Your Information.
Ovia collects, uses and shares your personal data as described in our Privacy Policy, which you should review.
Charges & Financial Obligations · Context
Section 5.4 states that some users will have access to Ovia+, which provides additional services and features inside the app as part of the maternity and family benefits provided by their employer or their insurer.
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5.4 Ovia Health Maternity and Family Benefits.
Some users will have access to Ovia+, which provides additional services and features within the app as part of the maternity and family benefits provided by their employer or their insurer.
Account & Service Control · Company practice
Section 5.4.a describes the digital health coach feature available to Ovia+ users: an Ovia+ user can write a message to an Ovia health coach inside the Ovia apps or schedule a telephone or video coaching session. Ovia does not provide an instant response to coaching messages or requests. Access to coaches is provided for educational and information purposes only; coaches support the user in making more informed decisions about fertility, pregnancy, reproductive health and parenting journeys, but do not make those decisions for the user.
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5.4.a Digital Health Coaching.
The digital health coach feature allows an Ovia+ user to write a message to an Ovia health coach within the Ovia apps or to schedule a telephone or video coaching session.
Importantly, Ovia does not provide an instant response to coaching messages or requests. Access to coaches is provided for educational and information purposes only. Coaches are available to support you in making more informed decisions about your fertility, pregnancy, reproductive health and parenting journeys, not make these decisions for you.
Legal Rights & Agreement Rules · Company practice
The coaching section states that Ovia's Services do not give medical advice, and directs users who think they may have a medical emergency or a condition requiring immediate care not to use the digital coaching services and instead to call their doctor or 911 immediately.
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Our Services do not give medical advice. If you think you may have a medical emergency or a condition requiring immediate care, do not use our digital coaching services: please call your doctor or 911 immediately.
Charges & Financial Obligations · Company practice
Section 5.4.b states that an Ovia+ user may see customized content related to their health and wellness benefits, that Ovia cannot guarantee the accuracy of benefits information provided to it by third parties, and that each user should check their benefits plan before making decisions based on information within the Ovia apps.
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5.4.b Customized Content.
An Ovia+ user may see customized content related to their health and wellness benefits. We cannot guarantee the accuracy of the benefits information provided to us by third parties. Each user should check their benefits plan before making decisions based on information within the Ovia apps.
Inference & Profiling · Company practice
Section 5.5 states that the Ovia app predicts the user's fertile window and likely day of ovulation from self-reported data points the user entered, analyzed by statistical machine learning models trained on historical data from millions of Ovia users, and that the accuracy of these predictions is not guaranteed.
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5.5 Fertility Algorithm and Fertile Window Prediction.
The Ovia app includes a prediction of the user’s fertile window and likely day of ovulation, based on self-reported data points entered by the user that are then analyzed by statistical machine learning models that have been trained on historical data from millions of Ovia users.
We do not guarantee that these predictions will prove to be accurate in your case.
Legal Rights & Agreement Rules · Company practice
Section 6.1 defines “Content”: information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data and other materials available through the Services, provided partly by Ovia Health or its suppliers and partly by users (such as MyQ poll statistics and Community features). Ovia Health cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether from Ovia Health or its suppliers or from users. Ovia Content is based on U.S. medical guidelines, and guidelines in other countries may differ. Opinions, advice, statements or other information expressed or made available by users or third parties are the responsibility of those users or third parties and not 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 within the Community feature.
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6.1 Content disclaimer.
A variety of information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) is available through the Services. Some of the Content is provided by Ovia Health or its suppliers, and other Content is provided by users, such as MyQ poll statistics and any Community features.
Ovia Health cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Ovia Health or its suppliers, or by users of our Services.
Ovia Content is based on U.S. medical guidelines and the guidelines in other countries may be different.
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.
Legal Rights & Agreement Rules · Company practice
Section 6.1 continues: Ovia Health has no obligation to prescreen, edit, or remove user-provided Content posted on or available through the Services, yet it keeps the right — in its sole discretion and for any reason, and without any obligation — to prescreen, edit, refuse to accept, remove, or move such Content.
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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.
Legal Rights & Agreement Rules · Company practice
Section 6.2 states briefly that the user uses the Services at their own risk.
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6. Assumption of risk; no guarantee of success
6.2 Assumption of risk.
You use our Services at your own risk.
Legal Rights & Agreement Rules · Company practice
The assumption-of-risk list states there is no guarantee that using the Services will result in a successful or healthy pregnancy, nor that connecting the user with a fertility specialist will result in a successful or healthy pregnancy.
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There is no guarantee that using our Services will result in a successful or healthy pregnancy, nor that connecting you with a fertility specialist will result in a successful or healthy pregnancy.
Legal Rights & Agreement Rules · Restriction or exception
The assumption-of-risk list states that the Services are not intended for use as a method of contraception.
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The Services are not intended for use as a method of contraception.
Legal Rights & Agreement Rules · Context
Because the Services include reproductive-health education, they contain detailed and sometimes graphic content about sexual acts, anatomy, medical complications and more; users sensitive to such subject matter are directed not to use the Services.
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Because our Services include education about reproductive health, they contain detailed and sometimes graphic content about sexual acts, anatomy, medical complications, and more. If you are sensitive to this sort of subject matter, please do not use our Services.
Legal Rights & Agreement Rules · Company practice
Section 7 opens by calling this fundamentally important: Ovia Health does not provide medical advice, the Services are not intended for use as a medical device, and they do not provide treatment or diagnoses. The narrower coaching-section statement that the Services 'do not give medical advice' (Section 5.4.a) restates this same practice inside the coaching feature.
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7. Ovia Health does not provide medical advice
THIS IS FUNDAMENTALLY IMPORTANT: Ovia Health does not provide medical advice. Furthermore, the Services are not intended for use as a medical device and do not provide treatment or diagnoses.
Our Services do not give medical advice. If you think you may have a medical emergency or a condition requiring immediate care, do not use our digital coaching services: please call your doctor or 911 immediately.
Legal Rights & Agreement Rules · Company practice
Users are asked not to ask Ovia Health for — or rely on — anything communicated as medical advice, treatment or diagnoses. Although the Services may contain articles on medical topics, Ovia makes no warranty whatsoever that any of the articles are accurate, and even an accurate statement about a health or medical issue may not apply to the symptoms experienced by the user or a child in their care.
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Please do not ask Ovia Health for–or rely on–anything that we communicate as medical advice, treatment or diagnoses.
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 the symptoms being experienced by you or a child in your care.
6.1 Content disclaimer.
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.
17. Children’s privacy
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.
Legal Rights & Agreement Rules · Company practice
The health or medical information written by Ovia is, at best, general and cannot substitute for the advice of a licensed medical professional (a qualified doctor/physician, physician assistant, nurse, or other healthcare provider). No one at Ovia Health takes any responsibility for the results or consequences of using or adopting any information presented in the materials. Users should not interpret anything in the Services as an attempt to offer or render a medical opinion or to engage in the practice of medicine.
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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).
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.
Legal Rights & Agreement Rules · Context
The Services' content (text, graphics, images, and information obtained from medical partners, sponsors, and licensors) is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
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The content of our Services, such as text, graphics, images, information obtained from our medical partners, sponsors, and licensors are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Legal Rights & Agreement Rules · Context
Users are told to always seek the advice of their physician or other qualified health provider with any questions about a medical condition; if the user or a child in their care may have a medical emergency, they should call their doctor or 911 immediately.
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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.
Legal Rights & Agreement Rules · Company practice
Ovia Health does not endorse or guarantee any specific tests, products, procedures, opinions, information, manufacturer, service provider or medical provider that may be mentioned in the Content or communicated through the Services. Reliance on any information provided by Ovia Health, its employees, or others appearing in the Services is solely at the user's own risk. No claims, representations, or warranties, expressed or implied, are made about the safety, reliability, or performance of any tests, products, providers, or services.
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Ovia Health does not endorse or guarantee any specific tests, products, procedures, opinions, information, manufacturer, service provider or medical provider that may be mentioned in our Content or communicated to you through the Services.
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, providers, or services.
Content & IP Rights · Permission or license
Subject to the user's acceptance of the Terms, Ovia Health grants a non-exclusive, non-transferable, revocable limited license to use any or all of the Services and display the results of such Services for the user's personal, non-commercial use, on the condition that the user does not remove or obscure any copyright, trademark, or other proprietary-rights notices displayed with the Content. The user agrees not to use the Services for any other purpose and not to copy or distribute the content of the Service except as specifically allowed in the Terms, and agrees that they have no right to access, view, or alter any source code or object code of Ovia Health or its licensors.
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8. License to use the Services
Subject to your acceptance of these Terms, Ovia Health grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of the Services and to display the results of such Services for your personal, non-commercial use
provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content.
You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view, or alter any source code or object code of Ovia Health or our licensors.
Legal Rights & Agreement Rules · Company practice
In using the Services a user may encounter content provided by or linking to third-party properties (hyperlinks, articles, timeline content, Community questions). Dealings with third parties found on or accessible through the Services are solely between the user and the third party, including viewing/visiting third-party-advertised content and any associated terms, conditions, warranties or representations. These links are provided solely as a convenience and are not an endorsement or guarantee by Ovia Health of content, items, or services on those third-party websites; the user's access and use of such sites, including their content, items, or services, is solely at the user's own risk.
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9. Your contact with your health benefit providers or other third parties through the Services
In using our Services, you may come across content (such as hyperlinks, articles, timeline content, and Community questions) provided by or linking to third party properties. Your dealings with third parties found on or accessible through our Services are solely between you and the third party.
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.
Charges & Financial Obligations · Company practice
Where the user receives Ovia as a benefit through their health insurer or employer, that health insurer, employer health plan, employer, or their contractors may communicate with the user through the Services; Ovia is not responsible for any such communications, nor for any acts or omissions of the insurer, employer, employee health plan, or their contractors.
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If you receive Ovia as a benefit through your health insurer or employer, your health insurer, employer health plan, employer or their contractors may communicate with you through the Services. Ovia is not responsible for any such communications nor for any acts or omissions of your health insurer, employer, employee health plan or their contractors.
Charges & Financial Obligations · Company practice
Ovia Health makes no representations or warranties about any third party's content or privacy practices, or any items or services that may be obtained from such third parties; the user agrees Ovia Health will have no liability for any loss or damage of any kind incurred as a result of dealings between the user and any third party, or as a result of the presence of third parties' information or materials on the website.
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Ovia Health does not make any representations or warranties with respect to any content or privacy practices of 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.
Content & IP Rights · Company practice
The Services and the information contained in them are the property of Ovia Health, its affiliates, and licensors, protected against unauthorized copying and dissemination by U.S. copyright and trademark law, international conventions, and other intellectual-property laws. Using the Services gives the user no ownership of intellectual-property rights in any Content, documents, or other materials they access, and Ovia's posting of information or materials is not a waiver of any right in them. The user may not copy, redistribute, or publish any part of the Services unless expressly permitted by the Terms.
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10. Intellectual property
Ovia Health’s Services and the information contained therein is the property of Ovia Health and our affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws.
Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents, or other materials you access.
You may not copy, redistribute, or publish any part of the Services unless expressly permitted by these Terms.
Content & IP Rights · Company practice
“Ovuline”, “Ovia Health”, “Ovia Health by Labcorp”, “Ovia”, “Ovia+”, “Ovia Parenting” and “MyQ” are registered or unregistered marks of Ovia Health and may not be used without written permission from Ovia Health.
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“Ovuline”, “Ovia Health”, “Ovia Health by Labcorp”, “Ovia”, “Ovia+”, “Ovia Parenting” and “MyQ” are registered or unregistered marks of Ovia Health and may not be used without written permission from Ovia Health.
Legal Rights & Agreement Rules · Procedure
Users who believe any materials accessible on or from the Services infringe their copyright may request removal of those materials (or access to them) by contacting Ovia Health's Designated Agent: DMCA Agent, Legal Department, Ovuline, Inc., 3400 Computer Drive, Westborough, MA 01581, phone 857-400-7893, email legal@oviahealth.com. The request must provide the following information pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512 (cited here by syntax only; the statute's own text is not supplied).
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11. Notice and takedown procedures / DMCA
If you believe any materials accessible on or from our Services infringes your copyright, you may request removal of those materials (or access thereto) by contacting Ovia Health’s Designated Agent:
DMCA Agent, Legal Department
Ovuline, Inc.
3400 Computer Drive
Westborough, MA 01581
Phone: 857-400-7893
Email: legal@oviahealth.com
and providing the following information pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512:
Legal Rights & Agreement Rules · Procedure
The required notice elements are: identification of the copyrighted work believed infringed (with, where possible, a copy or the location of an authorized version); identification of the material believed infringing and its location (URL or other locating information); the sender's name, address, telephone number, and email address; a statement of good-faith belief that the complained-of use is not authorized by the copyright owner, its agent, or the law; a statement that the information supplied is accurate and, under penalty of perjury, that the sender is the copyright owner or authorized to act on the owner's behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
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Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location (e.g., URL or path) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and email address.
A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Account & Service Control · Company practice
In an effort to protect copyright owners' rights, Ovia Health maintains a policy for the termination of users who are infringers.
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In an effort to protect the rights of copyright owners, Ovia Health maintains a policy for the termination of users who are infringers.
Legal Rights & Agreement Rules · Restriction or exception
A user who fails to comply with all of the requirements of the DMCA section is acknowledged to risk their DMCA notice not being valid. The Terms also note that under Section 512(f) of the DMCA (cited by syntax only), any person who knowingly materially misrepresents that a material or activity is infringing may be subject to liability.
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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.
Content & IP Rights · Permission or license
Ovia Health authorizes the user to view or download a single copy of the material contained in the Services solely for personal, noncommercial use, so long as the copyright and other proprietary-rights notices contained in the Content are not removed.
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12. Use of Ovia Health Content
Ovia Health authorizes you to view or download a single copy of the material contained in the 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.
Content & IP Rights · Company practice
The Content is protected by copyright under both United States and foreign laws, and title to the Content remains with Ovia Health or its licensors. Any use of the Content not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in Ovia Health's editorial discretion. All rights not expressly granted in the Terms are reserved to Ovia Health and its licensors.
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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.
Content & IP Rights · Restriction or exception
Nothing on the Ovia Health website or applications should be construed as granting — by implication, estoppel, or otherwise — any license or right to use the Services or any documents displayed on or through the Services (through the use of framing or otherwise), or to copy or distribute any Content, except (a) as expressly permitted by the Terms, or (b) with the prior written permission of Ovia Health or of the third party that may own copyrights in material displayed on or through the Services.
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Nothing contained on the Ovia Health website or applications should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any documents displayed on or through the Services, through the use of framing or otherwise, or to copy or distribute any Content, 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 or through the Services.
Content & IP Rights · Restriction or exception
If a user violates any of these Terms, their permission to use the Content automatically terminates and they must immediately destroy any copies they have made of any portion of the Content.
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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.
Legal Rights & Agreement Rules · Company practice
Section 13 releases Ovia Health and its vendors, licensors, service providers and business partners from any liability for the user's use of or reliance on any product or service used or encountered through the Services. The user agrees they are not liable under any theory of law for compensatory, indirect, special, incidental, punitive, or consequential damages — including 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 following any information or advice found in the Content or through the Services, or any aspect of the user's relationship with a spouse or partner — whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Ovia states its Services would not be provided without these limitations and that users who do not agree should not use the Services. No advice or information obtained from Ovia or through the Services creates any warranty, representation or guarantee not expressly stated in the Terms. The section also states Ovia Health is not liable for content submitted by any other user, or any defamatory, offensive, or illegal conduct of a third party.
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13. Limitation of liability / disclaimer of warranties
Ovia Health and its vendors, licensors, service providers and business partners have no liability whatsoever for your use or reliance on any product or service you use or encounter through the Services.
you are agreeing that Ovia Health and its vendors, licensors, service providers and business partners are not liable under any theory of law for any compensatory, indirect, special, incidental, punitive, or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, a failure to obtain medical treatment or any other action or omission of behavior following any information or advice found in the Content or on or through the Services, 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, do not use the Services.
No advice or information you obtain from us or through the Services or in support of the Services shall create any warranty, representation, or guarantee not expressly stated in these Terms.
Ovia Health is not liable for the content submitted by any other user, or any defamatory, offensive, or illegal conduct of a third party.
Charges & Financial Obligations · Restriction or exception
Notwithstanding the general release above, if Ovia Health is found to have liability to the user, the user agrees that, to the extent permitted by law, Ovia Health's aggregate liability for any cause whatsoever and regardless of the form of action will at all times be limited to the amount that the user or their employer paid, if any, to Ovia Health for the individual use of the Ovia Health Service in question.
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Notwithstanding the foregoing, in the event that Ovia Health is found to have a liability to you, you agree that to the extent permitted by law our aggregate liability for any cause whatsoever 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.
Legal Rights & Agreement Rules · Company practice
Section 13 states the Services and the Content are provided on an “as is” basis, and Ovia Health — to the fullest extent permitted by law — disclaims all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
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THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. OVIA HEALTH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Legal Rights & Agreement Rules · Company practice
Ovia Health expressly makes no representations or warranties about: the accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, recommendations, or communications provided on or through the Services; the accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, or other information provided through the Services; and that the Services will be uninterrupted, or free of errors, viruses, or other harmful components. This grain of no-accuracy-warranty extends the Section 6.1 content disclaimer and matches Section 7's statement that no warranty is made that medical articles are accurate.
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Specifically, Ovia Health MAKES NO REPRESENTATIONS OR WARRANTIES about the following:
The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, recommendations, or communications provided on or through the use of the Services.
The accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, or other information provided through the Services.
That the Services will be uninterrupted, or free of errors, viruses, or other harmful components.
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.
6.1 Content disclaimer.
Although Ovia Health’s Services may contain articles on medical topics, we make no warranty whatsoever that any of the articles are accurate.
Legal Rights & Agreement Rules · Restriction or exception
In no event will Ovia Health or its officers, directors, employees, affiliates, agents, attorneys, representatives, vendors, licensors or business partners be liable to the user or anyone else for any decision made or action taken in reliance upon information provided through the Services. The user agrees to hold Ovia Health and those parties harmless for any such actions or decisions taken in reliance on such information and for any claims arising from the user's use of the Services.
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In no event will Ovia Health, its officers, directors, employees, affiliates, agents, attorneys, representatives, vendors, licensors or business partners be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Services. You will hold Ovia Health, its officers, directors, employees, affiliates, agents, attorneys, representatives, vendors, licensors, service providers and business partners harmless for any such actions or decisions taken by you in reliance upon such information and for any claims arising from your use of the Services.
Legal Rights & Agreement Rules · Restriction or exception
Section 14 requires that any claims arising in connection with the user's use of the Services be brought within one (1) year of the date of the event giving rise to the action.
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14. Statute of limitations
Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action.
Content & IP Rights · Restriction or exception
Users are responsible for all Content and personal data they submit, post, or otherwise make available to or through the Services. By doing so they represent and warrant to Ovia Health that such Content and personal data is not the confidential information of another person or entity, and that they have all necessary permission to submit, post, and otherwise make it available.
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15. User-submitted Content and Personal Data
15.1 Representations made and rights granted.
You are responsible for all Content and personal data 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 and personal data 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 and personal data.
Content & IP Rights · Company practice
Ovia Health makes no claim to ownership of Content and personal data (including photos) that the user submits, posts, or makes available through the Services; the user continues to retain all ownership rights in such Content and the right to use their Content and personal data as they determine.
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Ovia Health makes no claims to ownership of Content and personal data 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 and personal data as you determine.
Content & IP Rights · Permission or license
Despite retaining ownership, the user grants Ovia Health, its affiliates, contractors, service providers and agents a worldwide, nonexclusive, perpetual, irrevocable, global, royalty-free right and license — subject in all cases to the Privacy Policy — (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display the user's Content for the purpose of delivering, developing, improving, and marketing the Services and Ovia's products and services generally, and (b) to use, reproduce, analyze, aggregate and otherwise process the user's personal data in accordance with the Privacy Policy.
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you do grant to Ovia Health, our affiliates, contractors, service providers and agents a worldwide, nonexclusive, perpetual, irrevocable, global, royalty-free right and license (subject in all cases to the Privacy Policy) (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display Content for the purpose of delivering, developing, improving, and marketing the Services and Ovia’s products and services generally; and (b) to use, reproduce, analyze, aggregate and otherwise process personal data in accordance with the Privacy Policy.
Sharing & Disclosure · Company practice
The user can invite family members and/or friends (“Invitee”) to see and receive Content through the Ovia applications. Invitees may have the same access to Ovia-generated content as the user, and can themselves invite others. The Terms warn users to be mindful whom they invite: an Invitee may access Content and personal data the user has entered, will be able to view and share the user's Content (posts, notes, messages, photos, videos, etc.), and may be able to add content to the user's application experience. If the user does not want personal data shared with Invitees, they should not invite them. As Section 13 states, Ovia Health is not liable for content submitted by any other user.
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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 Content and personal data 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 data shared with Invitees, you should not invite family members and/or friends to view or receive your content.
Ovia Health is not liable for the content submitted by any other user, or any defamatory, offensive, or illegal conduct of a third party.
Sharing & Disclosure · Company practice
In Ovia Parenting, a submitted child's profile photo and name will be used in Ovia's daily emails to Invitees and account owners. By submitting, the user acknowledges the photo and name are not confidential, states they have all necessary permission to submit, and consents to Ovia using the photo within the app and in email communications to Invitees and account owners. The Terms warn that such emails could easily be forwarded to anyone by an Invitee or an account owner; users who do not want a child's photo and name distributed widely should not submit a child's profile photo or name. Section 17's consent ask remains in force: users without guardianship should not provide information about a baby or child without first getting the parents' consent, and Section 17 confirms Ovia may collect information about children and babies from their parents using the Services.
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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.
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.
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 may, however, collect information about children and babies from their parents who are using our Services.
17. Children’s privacy
Legal Rights & Agreement Rules · Restriction or exception
Section 15.4 declares listed actions a material breach of the Terms: the user will not upload, post or transmit communications or content that (1) constitute unsolicited offers, advertisements, spam, chain mail, pyramid schemes, petitions, and similar solicitations; (2) give or purport to give medical advice; (3) infringe or violate any rights of any party; (4) impersonate another person or entity or mislead others as to the origins of communications; (5) infringe the intellectual-property, privacy, or publicity rights of others; (6) are unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any person or entity as reasonably determined by Ovia Health; (7) violate any law, statute, ordinance or regulation (including export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (8) promote violence, illegal drug use, or substance abuse, or describe how to perform violent acts or use illegal drugs; (9) harvest or collect information about others, including email addresses, without their consent; (10) disclose the personal data of others (names, email addresses, telephone numbers, or other confidential or personally identifiable information); (11) distribute viruses or other harmful computer code; (12) restrict or inhibit any other person from using or enjoying the Services, or in Ovia Health's reasonable judgment expose it or its customers, partners, affiliates, or suppliers to any liability or detriment of any type; (13) deal with minors under 13 years of age without the consent of their parents; or (14) violate Ovia Health's Community Standards.
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15.4 Prohibited content.
You agree that the following actions shall constitute a material breach of these Terms, and that you will not upload, post or transmit any communications or content of any type that:
constitutes unsolicited offers, advertisements, proposals, junk mail, or spam that other users of the Services will see or receive. This includes, but is not limited to, any advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, pyramid schemes, informational announcements, charity requests, and petitions for signatures.
gives or purports to give medical advice
infringes upon or violates any rights of any party
impersonates another person or entity, or creates a false impression or misleads others as to the origins of your communications
infringes on the intellectual property, privacy, or publicity rights of others
is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as reasonably determined by Ovia Health
violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising)
promotes violence, illegal drug use, or substance abuse or describes how to perform a violent act, use illegal drugs, or abuse other substances
harvests or otherwise collects information about others, including email addresses, without their consent
discloses the personal data of others, including names, email addresses, telephone numbers, or any other confidential or personally identifiable information
distributes viruses or other harmful computer code
restricts or inhibits any other person from using or enjoying the Services, or which, in the reasonable judgment of Ovia Health, exposes us or any of our customers, partners, affiliates, or suppliers to any liability or detriment of any type
deals with minors under 13 years of age without the consent of their parents
violates Ovia Health’s Community Standards
Security & Safeguards · Restriction or exception
Section 16 adds usage rules on top of the Section 15.4 prohibited-content rules: the user's use of and conduct on the Services must be lawful and must not (1) violate the Terms or any applicable local, state, federal or international law, rule or regulation, or rules of conduct posted for individual features; (2) trick, defraud, or mislead Ovia Health or other users, especially to learn sensitive account information such as passwords; (3) make improper use of support services or submit false abuse/misconduct reports; (4) disparage, tarnish, or otherwise harm Ovia Health and/or the Service; (5) disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs”), or other malicious or invasive code, or upload/transmit material acting as passive or active information collection or transmission (including clear gifs, 1×1 pixels, web bugs, cookies, or similar devices); (6) copy or adapt the Services' software (including Flash, PHP, HTML, JavaScript, or other code); (7) reverse engineer, decompile, reverse assemble, modify, or try to discover the software that generates the Services or anything accessible through them; (8) access or try to access any Services or Ovia Health infrastructure not intended for end users, or any data of other users; (9) except as the result of standard search engine or browser usage, use, launch, develop, or distribute automated systems (spiders, robots/bots, cheat utilities, scrapers, offline readers) or unauthorized scripts; (10) cover or obscure any notice, banner, or other branding on the Services; or (11) interfere with or circumvent any security feature or any feature that restricts or enforces use/access limitations.
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16. Usage rules
15.4 Prohibited content.
You agree that the following actions shall constitute a material breach of these Terms, and that you will not upload, post or transmit any communications or content of any type that:
In addition to the prohibited content rules in Section 15.4, you agree that your use of and conduct on the Services shall be lawful and will not:
be in violation of these Terms, any applicable local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services
trick, defraud or mislead Ovia Health or other users, especially in any attempt to learn sensitive account information such as passwords
make improper use of Ovia Health’s support services or submit false reports of abuse or misconduct
disparage, tarnish, or otherwise harm Ovia Health and/or the Service
disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices
copy or adapt the Services’ software including but not limited to Flash, PHP, HTML, JavaScript, or other code
reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services
access or attempt to access any parts of the Services or Ovia Health infrastructure not intended for use by end users of Ovia applications, nor access or attempt to access any data of other users
except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
cover or obscure any notice, banner, or other branding on the Services
interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services
Data Access & Collection · Company practice
Section 17 states Ovia Health conforms to the Children's Online Privacy Protection Act (COPPA); the services are not intended for children under age 13 and no personally identifiable information is knowingly collected via the Services from users in that age group. Ovia may, however, collect information about children and babies from their parents who use the Services. The parent or guardian assumes full responsibility for interpreting and using any information or suggestions the Services provide for the minor. Users are asked not to provide information about a baby or child when they do not have guardianship of the child, without first getting the parents' consent. Ovia encourages parents to talk with their children about smart practices when giving out information online, and points to the separate Privacy Policy for data practices.
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17. 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.
Security & Safeguards · Company practice
All registered members must take all reasonable steps to ensure no unauthorized person gains 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 account and password; and (3) inform Ovia Health as soon as possible of any need to deactivate their password or change their registration.
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18. Passwords
All registered members of the Services 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.
Security & Safeguards · Context
For any Ovia Health-related account, Ovia recommends passwords that are unique (not re-used anywhere else), complex (a mix of letters, numbers, symbols, uppercase and lowercase; not any part of the user's name and not easily guessed), long (greater than 5 characters), and changed regularly (at least once a year).
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For any Ovia Health-related account, we recommend choosing passwords that are:
Unique (not re-used anywhere else)
Complex (a mix of letters, numbers, symbols, uppercase, and lowercase; not any part of your name, and not easily guessed)
Long (greater than 5 characters)
Changed regularly (at least once a year)
Legal Rights & Agreement Rules · Company practice
Section 19 states Ovia Health operates and controls the Services from offices in the United States and makes no claims that the Services or Content are appropriate or may be downloaded outside the United States. Practices, standards, and guidelines reflected in the content come from the United States and may differ from other countries'; access to the Content may not be legal for certain persons or in certain countries. A user accessing the Services from outside the United States does so at their own risk and is responsible for compliance with their jurisdiction's laws.
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19. 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.
Any practices, standards or guidelines reflected in our content are from the United States and may be different from those of other countries. Access to the Content may not be legal by certain persons or in certain countries.
If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Legal Rights & Agreement Rules · Context
Regardless of what other provisions survive to be effective, the following survive the expiration or termination of the Terms for any reason: Limitation of liability / Disclaimer of warranties, Indemnification, User Submissions, Jurisdiction, Dispute Resolution, and Complete Agreement.
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Without limiting the survival of any other provisions that survive in order to be effective, 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, Dispute Resolution and Complete Agreement
Legal Rights & Agreement Rules · Restriction or exception
Section 20 requires mutual arbitration: the parties agree, to the fullest extent of the law, that any Dispute will be arbitrated and finally decided by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified in the section or otherwise agreed. “Dispute” means any dispute, claim, or controversy between the user and Ovia Health — past, pending, existing, or future — except (a) claims by Ovia Health employees related to the terms or conditions of their employment; (b) claims for personal physical injury or wrongful death or survival claims arising from or related to clinical laboratory services; and (c) claims for unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Both parties give up, to the fullest extent of the law, any right to have any Dispute resolved in court before a judge or jury. A banner at the section's start warns that these paragraphs require individual arbitration and limit how relief can be sought.
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20. Dispute resolution
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND OVIA HEALTH TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU AND OVIA HEALTH CAN SEEK RELIEF FROM EACH OTHER.
You and Ovia Health mutually agree, to the fullest extent of the law, that any Dispute (defined below) shall be arbitrated and finally decided by binding arbitration administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (available at www.adr.org), except as modified below or otherwise agreed to.
“Dispute” means any dispute, claim, or controversy between you and Ovia Health, including any past, currently pending, existing, or future dispute or disagreement, except: (a) claims by employees of Ovia Health related to the terms or conditions of their employment; (b) claims for personal physical injury or wrongful death or survival claims arising from or in any way related to clinical laboratory services; and (c) claims for unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
You and Ovia Health agree that each is giving up, to the fullest extent of the law, any right to have any Dispute resolved in court before a judge or jury.
Legal Rights & Agreement Rules · Restriction or exception
Beyond individual arbitration, the parties agree — to the fullest extent allowed by law and except as expressly set out in the section — to bring claims only in individual capacity, on an individual basis, not as a plaintiff or class member in any purported class, collective, non-individual, or representative proceeding. The arbitrator may not join or consolidate more than one person's claims nor preside over any representative, collective, non-individual, or class proceeding, except as stated in the section; nothing in the Terms should be read to allow class or consolidated arbitration. Whether the Class Action Waiver itself is unenforceable, unconscionable, inapplicable, invalid, void, or voidable is decided only by a court of competent jurisdiction; disputes about any other aspect of the Dispute Resolution provision's enforceability are decided exclusively by an arbitrator, except as expressly set out in the section.
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each may bring claims against the other only in your or its individual capacity, on an individual basis, and not as a plaintiff or class member in any purported class, collective, non-individual, or representative proceeding.
Further, the arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non-individual, or class proceeding, except as stated below. Nothing in these terms should be read to allow class or consolidated arbitration.
Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, inapplicable, invalid, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
All disputes with respect to whether any other aspect of this Dispute Resolution provision and its terms is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court, except as expressly set out below.
Legal Rights & Agreement Rules · Procedure
Arbitration procedures state that a neutral arbitrator decides disputes instead of a judge or jury, discovery is more limited than in court, and results get only limited judicial review. The user may, at their own expense, choose an attorney. Any in-person arbitral hearing occurs in the United States in the same county and state as the user's residence. Arbitration under the section is confidential, and documents exchanged may not be used or shared outside the arbitration without the parties' prior written consent or as required by law. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking it and only to the extent necessary for that party's individual claim; relief cannot be awarded for anyone not a party. The arbitrator's decision is final and binding only between the parties to that arbitration, and the award may not be used as evidence or create any preclusive effect (claim preclusion, issue preclusion, res judicata, or collateral estoppel) in any other action or proceeding.
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Arbitration uses a neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than a court case; and the arbitration process and results are subject to limited review by courts.
In arbitration, you have the right, at your own expense, to be represented by an attorney of your choosing.
You and Ovia Health also agree that any in-person arbitral hearing will occur in the United States in the same county and state as your residence.
Any arbitration under this section will be confidential, and documents exchanged may not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law.
the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim, and the arbitrator cannot award relief for, or on behalf of, anyone who is not a party to the proceeding.
The decision of the arbitrator shall be final and binding only as to the parties to the specific arbitration. The award rendered shall not be used as evidence or create any preclusive effect (including but not limited to the doctrines of claim preclusion, issue preclusion, res judicata, or collateral estoppel) in any other action or proceeding, including any subsequent arbitration, litigation, or other dispute resolution proceeding.
Legal Rights & Agreement Rules · User right or choice
Each party may elect, before or within 30 days after arbitration is initiated, to have claims heard in small claims court on an individual (non-class, non-representative) basis, for a dispute within that small claims court's jurisdiction.
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Both you and Ovia Health agree that each party may elect before or within 30 days after arbitration is initiated by either party to have any claims heard in small claims court on an individual (non-class, non-representative) basis for a dispute within the scope of such small claims court’s jurisdiction.
Legal Rights & Agreement Rules · Procedure
Before initiating any arbitration with the AAA, each party must notify the other in writing so the parties can try to resolve the dispute informally. The user's notice must be specific (including the sender's name, address, telephone number, and the email used for the online services; the nature and basis of the dispute; any amounts at issue; and the relief sought), signed with a handwritten signature, and sent to legal@oviahealth.com and generalcounsel@labcorp.com and 531 South Spring Street, Law Department, Burlington, NC 27215; Ovia Health's notice goes to the contact details the user provided. If the dispute is not resolved within 60 days after the notice is received, either party may commence an individual arbitration with a written demand including the notice content and a handwritten signature. Notice is a requirement and condition precedent to arbitration, compliance with it is for a court — not the arbitrator — to resolve, and any limitations period is tolled from the date the dispute is noticed until the 60-day period ends.
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20. Dispute resolution
D. Pre-Arbitration Notice and Good Faith Negotiations. Both you and Ovia Health agree that, before initiating any arbitration proceedings of any kind with the AAA, each party will notify the other in writing of any dispute so that the parties can attempt in good faith to resolve the dispute informally.
The notice must be signed and include the handwritten signature of, as applicable, either you or an Ovia Health employee, depending on which party is providing notice. Notice sent by you to Ovia Health shall be sent to the following email and street addresses: legal@oviahealth.com and generalcounsel@labcorp.com and 531 South Spring Street, Law Department, Burlington, NC 27215. Notice sent by Ovia Health to you shall be sent to the email address (and street address if any) that you provided to Ovia Health.
This notice is a requirement and condition precedent to initiating any arbitration proceedings. Compliance with this Pre-Arbitration Notice and Good Faith Negotiations provision is an issue for a court to resolve, not the arbitrator.
If you and Ovia Health cannot agree how to resolve the dispute within 60 days after the notice is received by the other party, then either you or Ovia Health may, as appropriate and in accordance with this section, commence an arbitration proceeding with a written demand for arbitration that is individual to you and your dispute, including the content set forth above and a handwritten signature.
Any limitations period will be tolled from the date the dispute is noticed to the other side until the expiration of this 60-day period.
Legal Rights & Agreement Rules · Procedure
The parties' respective responsibilities to pay arbitration fees and costs are governed by the AAA Consumer Rules and the applicable fee schedules referenced therein (www.adr.org); good-faith negotiation of reasonable fees with the arbitration provider is authorized as needed. If the arbitrator determines that a party's claim(s) are frivolous, the party bringing the frivolous claim must reimburse the other party for any amounts that party paid for the arbitration.
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20. Dispute resolution
E. Arbitration Fees. The parties’ respective responsibilities to pay any fees and costs of arbitration will be governed by the AAA Consumer Rules (and the applicable fee schedules referenced therein), available at www.adr.org. The parties’ good faith negotiation of reasonable fees with the arbitration provider is authorized as needed.
Notwithstanding anything to the contrary herein, if the arbitrator determines that your or Ovia Health’s claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.
Legal Rights & Agreement Rules · Context
The section states its subject matter affects interstate commerce and that its interpretation and enforceability are substantively, procedurally, and exclusively governed by and construed and enforced under the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (cited here by syntax only), to the maximum extent permitted by applicable law, except as modified by these Terms of Use.
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20. Dispute resolution
F. Federal Arbitration Act. The subject matter hereof affects interstate commerce, and the interpretation and enforceability of this section will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Terms of Use.
Legal Rights & Agreement Rules · Procedure
Section 20 part D requires the notice to be specific and to include: (i) the sender's name, street address, telephone number, and the email address used (or previously used) for the online services; (ii) the nature and basis of the dispute, including any specific dates at issue; (iii) the amount of money, if any, at issue; and (iv) the specific relief sought. Part D's continuation adds that if the dispute is unresolved 60 days after notice is received, either party may commence individual arbitration with a written demand (including the notice content and a handwritten signature), and any limitations period is tolled from the dispute's notice date until the 60-day period expires.
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The notice must be specific and must: (i) include the sender’s name, street address, telephone number, and the email address you use or used for the online services; (ii) describe the nature and basis of the dispute, including, where applicable, any specific date(s) at issue; (iii) identify the amount of money (if any) at issue; and (iv) identify the specific relief sought.
If you and Ovia Health cannot agree how to resolve the dispute within 60 days after the notice is received by the other party, then either you or Ovia Health may, as appropriate and in accordance with this section, commence an arbitration proceeding with a written demand for arbitration that is individual to you and your dispute, including the content set forth above and a handwritten signature.
Any limitations period will be tolled from the date the dispute is noticed to the other side until the expiration of this 60-day period.
Legal Rights & Agreement Rules · Procedure
If the party commencing arbitration is represented by counsel, the written demand must include that counsel's name, telephone number, mailing address, and email address, and the counsel must sign the demand. By signing, counsel certifies — to the best of their knowledge, information, and belief, formed after reasonable inquiry — that the demand is neither frivolous nor brought for any improper purpose (such as to harass, unnecessarily delay dispute resolution, or needlessly increase its cost), and that the demand's allegations have, or will likely have, evidentiary support after a reasonable opportunity for further investigation or discovery.
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If the party commencing arbitration is represented by counsel, the written demand for arbitration shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must sign the demand for arbitration.
By signing the demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after a reasonable inquiry, that the demand is neither frivolous nor brought for any improper purpose (such as to harass, unnecessarily delay dispute resolution, or needlessly increase the cost of dispute resolution) and that the allegations in the written demand have evidentiary support or will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Legal Rights & Agreement Rules · Procedure
Section 20 part E assigns fee responsibility according to the AAA Consumer Rules and applicable fee schedules (www.adr.org), with good-faith negotiation of reasonable fees with the provider authorized as needed. If the arbitrator determines that a party's claim(s) are frivolous, the party bringing them must reimburse the other party for the arbitration amounts the other party paid.
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The parties’ respective responsibilities to pay any fees and costs of arbitration will be governed by the AAA Consumer Rules (and the applicable fee schedules referenced therein), available at www.adr.org. The parties’ good faith negotiation of reasonable fees with the arbitration provider is authorized as needed.
Notwithstanding anything to the contrary herein, if the arbitrator determines that your or Ovia Health’s claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.
Legal Rights & Agreement Rules · Context
Section 20 part F states the subject matter affects interstate commerce, so the section's interpretation and enforceability are substantively, procedurally, and exclusively governed by and construed under the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (cited here by syntax only), to the maximum extent permitted by applicable law, except as modified by these Terms of Use.
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F. Federal Arbitration Act. The subject matter hereof affects interstate commerce, and the interpretation and enforceability of this section will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Terms of Use.
Legal Rights & Agreement Rules · Company practice
For any dispute not subject to arbitration, the parties agree to proceed exclusively in state and federal courts covering Suffolk County, Massachusetts; each party agrees to be subject to personal jurisdiction there and waives jurisdictional, venue, or inconvenient-forum defenses or objections to those courts.
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For any dispute not subject to arbitration, you and Ovia Health agree to proceed exclusively in state and federal courts covering Suffolk County, Massachusetts and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts.
Legal Rights & Agreement Rules · Context
Section 21 states the Terms are governed by the substantive laws of The Commonwealth of Massachusetts, excluding its choice-of-law rules.
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21. Applicable Law
These Terms are governed by the substantive laws of The Commonwealth of Massachusetts (excluding its choice of law rules).
Account & Service Control · Company practice
Section 22 states Ovia Health may discontinue or change the Services at any time, with or without prior notice and without liability to the user, and that no guarantee is made that the Services will be available at all times or without interruption.
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22. Availability of Services
Ovia Health may discontinue or change our Services at any time with or without prior notice and without liability to you. We make no guarantee that our Services will be available at all times or without interruption.
Account & Service Control · Company practice
Section 23.1 states that the user agrees Ovia Health may terminate their account at any time for violation of any of the provisions of the Terms. This sits alongside the broader Section 3 right to cancel the service — or suspend an account for a Terms violation — for any reason or none.
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23. Termination
23.1 Termination by Ovia Health.
You agree that Ovia Health may terminate your account at any time for your violation of any of the provisions of these Terms.
Account & Service Control · Procedure
Section 23.2 tells dissatisfied users to let Ovia Health know by emailing support@oviahealth.com, and states that the only other remedy for dissatisfaction with (a) the Services, (b) any portion of the Terms, (c) any Ovia Health policy or practice in providing the Services, or (d) any Content or information transmitted through the Services, is to terminate the Services and the user's account. Termination is available at any time by discontinuing use of all parts of the Services and emailing notice of termination to support@oviahealth.com.
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23.2 Termination by you.
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 Services, 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.
Retention & Deletion · Company practice
Section 23.3 states that upon termination of the account — whether by the user or by Ovia Health — the user's access to their personal data immediately terminates, and the user is solely responsible for maintaining copies of any personal data uploaded to the Services. The user is pointed to the Privacy Policy for more information about personal data.
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23.3 Consequences of termination.
Upon the termination of your account, either by you or Ovia Health, your access to your personal data shall immediately terminate and you are solely responsible for maintaining copies of any personal data you have uploaded to the Services.
Legal Rights & Agreement Rules · Restriction or exception
Section 24 states the Terms and any rights and licenses granted under them may not be transferred or assigned by the user without Ovia Health's prior written consent, but may be assigned by Ovia Health without restriction. An assignment made in violation of the Terms is void. The Terms bind and inure to the benefit of the parties and their permitted successors, heirs, and assigns.
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24. 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.
Legal Rights & Agreement Rules · Context
Section 25 states that no joint venture, partnership, employment, or agency relationship exists between the user and Ovia Health as a result of the Terms or the use of the Services.
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25. No agency
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ovia Health as a result of these Terms or use of the Services.
Legal Rights & Agreement Rules · Context
Section 26 states the Terms are the entire agreement between the user and Ovia Health regarding use of the Services, and that use of the Services is also subject to the Ovia Health Privacy Policy. If a provision is found invalid by a court of competent jurisdiction, the remaining provisions stay in full force and effect. No waiver of any of the Terms is a further or continuing waiver of that or any other term. Ovia Health's vendors, licensors, service providers, and business partners are third-party beneficiaries of the Terms with the right to enforce them.
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26. Complete Agreement
These Terms constitute the entire agreement between you and Ovia Health with respect to the use of the Services. Your use of the Services 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.
Ovia Health’s vendors, licensors, service providers and business partners shall be third party beneficiaries of these Terms with the right to enforce them.
Account & Service Control · Procedure
Section 27 directs questions or comments about the Terms to support@oviahealth.com, or by mail to Ovuline, Inc., dba Ovia Health by Labcorp, 3400 Computer Drive, Westborough, MA 01581.
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27. Contact us
For questions or comments about the Terms, please email us at support@oviahealth.com.
Ovuline, Inc., dba Ovia Health by Labcorp
3400 Computer Drive
Westborough, MA 01581
You can also reach us by mail at: