Terms of Use

These Terms of Use (the “Terms”) govern access to and use of www.doveras.com and any related page, form, or client portal that links to these Terms (collectively, the “Site”), operated by Doveras Fertility Inc., a Delaware corporation (“Doveras”). By accessing or using the Site, you agree to these Terms and acknowledge the Doveras Privacy Policy. If you do not agree, you may not use the Site.

1Scope

1.1These Terms govern use of the Site only. Services provided by Doveras are governed by a separate written agreement between Doveras and its client (a “Client Services Agreement”). In the event of any conflict between these Terms and a Client Services Agreement, the Client Services Agreement controls.

2No client relationship

2.1No client relationship arises from use of the Site, submission of an inquiry, or any communication with Doveras. A client relationship is established only upon execution of a Client Services Agreement by Doveras and the client.

2.2Doveras may decline any engagement in its sole discretion.

3Informational purposes; no professional advice

3.1Content on the Site is provided for general informational and educational purposes only. Doveras is not a medical provider, and nothing on the Site constitutes medical, legal, tax, financial, insurance, or psychological advice, or creates a provider–patient or attorney–client relationship. Content contributed by licensed professionals is educational and is not individualized care. Decisions concerning treatment, legal matters, and finances should be made with appropriately qualified professionals. The Site is not intended for urgent or emergency matters.

4No guarantees

4.1Statistics, timelines, case studies, and testimonials on the Site reflect individual or historical experiences. They are not guarantees or predictions of any outcome. Testimonials are shared with the permission of the individuals concerned and without compensation. Doveras does not guarantee any match, pregnancy, live birth, or other medical, legal, or financial result.

5Third parties and links

5.1The Site may refer or link to clinics, agencies, professional organizations, publishers, and other third parties. They are independent of Doveras, and Doveras is not responsible for their services, content, or practices. A reference, link, or introduction is not an endorsement or a guarantee.

6Eligibility

6.1You must be at least 18 years of age and able to enter into a binding contract to use the Site.

6.2You agree to provide accurate information and to receive communications from Doveras electronically. Electronic communications satisfy any requirement that a notice or agreement be in writing.

7Private Client Portal

7.1Access to the Private Client Portal is limited to clients and persons they authorize. You are responsible for keeping your access credentials confidential and for all activity under your access. Notify Doveras promptly at concierge@doveras.com of any suspected unauthorized access.

7.2Confidential materials. Materials made available through the Portal, including information concerning prospective donors and surrogates and materials belonging to third parties (“Confidential Materials”), are confidential. You may use Confidential Materials solely for your own family-building decisions and may share them only with your partner and with professionals advising you who are bound to keep them confidential. You may not publish or otherwise disclose Confidential Materials, attempt to identify or contact a donor or surrogate outside the process agreed with the relevant agency or bank, or submit Confidential Materials to any artificial-intelligence system other than for your private use. You acknowledge that misuse of Confidential Materials may cause irreparable harm to Doveras and to the individuals concerned, for which money damages would not be an adequate remedy.

7.3Doveras may suspend Portal access to protect security or the rights of others. Section 7.2 survives the end of your access.

8Intellectual property

8.1The Site and its content, including text, articles, images, design, and software, are owned by Doveras or its licensors and are protected by intellectual property laws. DOVERAS and the Doveras logo are trademarks of Doveras. All rights not expressly granted are reserved.

8.2Doveras grants you a limited, personal, non-exclusive, non-transferable, revocable license to view the Site and to print or save reasonable portions for personal, non-commercial use, with proprietary notices intact. You may share links to public pages.

8.3Without the prior written permission of Doveras, you may not copy, republish, adapt, or commercially exploit Site content; frame or mirror the Site; use the Doveras name or marks, or anything confusingly similar; or suggest that Doveras endorses you.

8.4Automated access and artificial intelligence. You may not use automated means to access, copy, or extract Site content, or use Site content to train, fine-tune, ground, or evaluate any machine-learning or artificial-intelligence model or dataset. Doveras expressly reserves all rights to text and data mining of the Site, including under Article 4(3) of EU Directive 2019/790. General-purpose search engines may index public pages as permitted by the Site’s robots.txt file.

8.5Doveras may use suggestions you provide about the Site without obligation to you. This does not apply to your personal information. Doveras will not publish your name, likeness, or story without your separate written consent.

9Acceptable use

9.1You agree not to: (a) violate any law or the rights of others; (b) submit false information or impersonate any person; (c) access or attempt to access accounts, systems, or data without authorization; (d) probe, scan, or test the vulnerability of the Site, or circumvent its security, except as Doveras authorizes in writing; (e) introduce malicious code or interfere with the Site; (f) send unsolicited or automated submissions; (g) collect information about other persons from the Site; or (h) use the Site to develop a competing service or to gather competitive intelligence.

10Copyright complaints

10.1Questions or concerns about copyright, including any claim that material on the Site infringes a copyright, may be sent to hello@doveras.com, subject line “Copyright Notice.” Doveras will review each notice and remove or disable material where appropriate.

11Privacy

11.1The Doveras Privacy Policy and Consumer Health Data Privacy Policy describe how Doveras handles personal information and are incorporated into these Terms.

12Disclaimers

12.1TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND DOVERAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. DOVERAS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

13Limitation of liability

13.1TO THE FULLEST EXTENT PERMITTED BY LAW, DOVERAS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, ADVISORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATING TO THE SITE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF DOVERAS ARISING FROM OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

13.2These limitations do not apply to liability that cannot be limited by law, including liability for gross negligence, willful misconduct, or fraud. They apply only to use of the Site. Liability in connection with client services is governed by the applicable Client Services Agreement.

14Indemnification

14.1You agree to indemnify and hold harmless Doveras and its officers, directors, employees, and agents from third-party claims, and related losses and reasonable attorneys’ fees, arising from your breach of these Terms, your violation of any law or the rights of any third party, or your misuse of the Site or Confidential Materials. Doveras may assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate with that defense.

15Governing law and dispute resolution

15.1Governing law. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Nothing in these Terms limits mandatory consumer protections available to residents of other countries.

15.2Notice and resolution period. Before commencing any legal proceeding, the claiming party shall send the other party written notice describing the dispute and the relief sought (to Doveras: hello@doveras.com, subject line “Legal Notice,” and the address in Section 19). The parties shall attempt in good faith to resolve the dispute for 60 days, during which limitations periods are tolled.

15.3Courts. Any dispute arising from or relating to the Site or these Terms shall be heard exclusively in the state or federal courts located in New York County, New York, and the parties consent to their jurisdiction. Either party may instead bring an individual claim in small claims court. Doveras may also seek injunctive relief in any court of competent jurisdiction to prevent the infringement or misuse of its intellectual property or Confidential Materials. Disputes concerning client services are governed by the applicable Client Services Agreement.

15.4Jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND DOVERAS EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING FROM OR RELATING TO THE SITE OR THESE TERMS.

15.5Individual claims. To the extent permitted by law, any proceeding shall be conducted only on an individual basis and not as a class, collective, or representative action.

15.6Time limit for claims. To the extent permitted by law, any claim arising from or relating to the Site or these Terms must be brought within one year after it arises, or it is permanently barred.

16Changes to these Terms

16.1Doveras may amend these Terms by posting a revised version with a new “Last updated” date. Material changes will be notified at least 30 days in advance. Amendments apply prospectively and do not apply to any dispute of which either party had notice before the amendment took effect. Continued use of the Site after an amendment takes effect constitutes acceptance of the amended Terms.

17Suspension

17.1Doveras may suspend or terminate access to the Site or the Portal for breach of these Terms or as necessary to protect the Site, its clients, or third parties. Sections 7.2, 8, and 12 through 18 survive.

18General

18.1These Terms, together with the policies they incorporate, constitute the entire agreement between you and Doveras concerning the Site. If any provision is held unenforceable, it shall be limited to the minimum extent necessary, and the remainder shall remain in effect. No failure to enforce a provision constitutes a waiver. You may not assign these Terms without the consent of Doveras; Doveras may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay caused by events beyond its reasonable control. There are no third-party beneficiaries.

19Contact