Agreement to Terms

By purchasing, accessing, or using the Home Male Fertility Test Kit and related services provided by FertilMARQ ("Company," "we," "our," or "us"), you ("you," "your," or "user") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Service.

These Terms constitute a legally binding agreement between you and [Company Name]. Please read them carefully.

Definitions

"Service" refers to the Home Male Fertility Test Kit, our website, mobile application, laboratory testing services, results platform, and all related services provided by the Company.

"Test Kit" refers to the physical at-home male fertility testing kit, including all collection materials and instructions.

"User Content" refers to any information, data, or materials you provide to us, including health information and communications.

Eligibility

To use our Service, you must:

• Be at least 18 years of age

• Have the legal capacity to enter into a binding contract

• Reside in a jurisdiction where our Service is available

• Provide accurate and complete registration information

• Not be prohibited from using the Service under applicable law

By using our Service, you represent and warrant that you meet these eligibility requirements.

Account Registration

Creating an Account

To access certain features, you must create an account by providing accurate, current, and complete information. You agree to:

• Maintain the accuracy of your account information

• Keep your login credentials confidential

• Be responsible for all activities under your account

• Notify us immediately of any unauthorized access or security breach

Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information.

Use of Service

Permitted Use

You may use our Service only for lawful purposes and in accordance with these Terms. You agree to use the Service for:

• Personal, non-commercial fertility health assessment

• Obtaining information about your reproductive health

• Accessing educational resources about male fertility

Prohibited Use

You may not:

• Use the Service for any illegal purpose or in violation of any laws

• Provide false, inaccurate, or misleading information

• Share, sell, or transfer your Test Kit to another person

• Attempt to circumvent any security features or access restrictions

• Use another person's sample or submit samples on behalf of others without authorization

• Reverse engineer, decompile, or disassemble any part of our Service

• Use automated systems (bots, scrapers) to access the Service

• Interfere with or disrupt the integrity or performance of the Service

• Collect or harvest information about other users

• Submit samples that are contaminated, tampered with, or not from the registered user

• Use the Service to diagnose, treat, or make medical decisions without consulting a healthcare provider

Medical Disclaimer

Not a Medical Device

Our Test Kit is a wellness product intended to provide information about fertility health. It is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Not a Substitute for Medical Advice

The information and results provided through our Service are for informational and educational purposes only and should not be considered medical advice. You should:

• Consult with a qualified healthcare provider before making health-related decisions

• Not rely solely on our Test Kit results for fertility treatment decisions

• Discuss your results with a doctor if you have concerns about your fertility

• Seek immediate medical attention for any urgent health concerns

No Doctor-Patient Relationship

Use of our Service does not create a doctor-patient relationship between you and the Company or any healthcare providers who may review or provide information about your results.

Accuracy Limitations

While we strive for accuracy, test results may be affected by various factors including sample quality, collection timing, handling, and individual biological variation. Results should be interpreted in the context of your overall health and in consultation with a healthcare provider.

Test Kit Usage

Sample Collection and Submission

You agree to:

• Follow all instructions provided with the Test Kit carefully

• Collect and handle samples in accordance with our guidelines

• Submit samples within the recommended timeframe

• Use only the provided collection materials

• Ensure samples are properly sealed and packaged for shipment

• Not reuse collection materials or submit multiple samples from one kit

Sample Processing

Once we receive your sample:

• Processing typically takes 3-7 business days

• We will email you when results are ready

• Results will be available through your secure online account

• Samples are destroyed after processing in accordance with biohazard disposal regulations

• We cannot return submitted samples

Results Delivery

Test results are delivered electronically through our secure platform. You are responsible for:

• Maintaining secure access to your account

• Reviewing results in a private setting

• Understanding that results are confidential but may be accessible to anyone with your login credentials

Payment and Billing

Pricing

All prices are listed in [Currency] and are subject to change without notice. The price you pay will be the price displayed at the time of purchase.

Payment Methods

We accept payment via credit card, debit card, and other payment methods as displayed on our platform. By providing payment information, you represent that you are authorized to use the payment method.

Automatic Renewal (Subscriptions)

If you purchase a subscription:

• Your payment method will be automatically charged at the beginning of each billing cycle

• You will receive notice before each renewal

• You may cancel at any time before the next billing cycle

• Cancellation stops future charges but does not refund past payments unless specified in our Refund Policy

Failed Payments

If a payment fails, we may suspend or terminate your access to the Service until payment is successfully processed.

Refunds and Returns

All refunds and returns are subject to our Refund Policy, which is incorporated into these Terms by reference. Please review the Refund Policy for detailed information about eligibility and procedures.

Intellectual Property

Company's Rights

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, images, software, and data compilations, are owned by the Company and are protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal purposes in accordance with these Terms.

Restrictions

You may not:

• Copy, modify, or create derivative works of our content

• Distribute, transmit, or publicly display our content without permission

• Use our trademarks, logos, or branding without written consent

• Remove or alter any copyright, trademark, or proprietary notices

User Content License

By submitting User Content to our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and analyze such content for the purposes of providing and improving our Service, conducting research, and as described in our Privacy Policy.

You retain ownership of your User Content, but you represent and warrant that you have all necessary rights to grant this license.

Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to our collection, use, and sharing of your information as described in the Privacy Policy.

We implement reasonable security measures to protect your information, but we cannot guarantee absolute security. You acknowledge that you provide information at your own risk.

Third-Party Services

Our Service may contain links to third-party websites, services, or resources. We are not responsible for:

• The availability, accuracy, or content of third-party services

• Any damages or losses caused by your use of third-party services

• The privacy practices or terms of service of third parties

Your use of third-party services is at your own risk and subject to their terms and conditions.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF RESULTS.

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free

• Test results will be accurate, complete, or reliable

• Any errors or defects will be corrected

• The Service will meet your specific requirements

Limitation of Damages

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

• LOSS OF PROFITS, REVENUE, DATA, OR USE

• PERSONAL INJURY OR PROPERTY DAMAGE

• DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE

• DAMAGES ARISING FROM RELIANCE ON TEST RESULTS OR INFORMATION PROVIDED THROUGH THE SERVICE

• DAMAGES RESULTING FROM ANY MEDICAL DECISIONS MADE BASED ON THE SERVICE

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service

• Your violation of these Terms

• Your violation of any rights of another party

• Your User Content or any information you provide

• Any misrepresentation made by you

• Your violation of any applicable laws or regulations

Dispute Resolution

Governing Law

These Terms are governed by the laws of [State/Country], without regard to its conflict of law provisions.

Informal Resolution

Before filing a formal claim, you agree to contact us at [support@fertilmarq.com] to attempt to resolve any disputes informally.

Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved by binding arbitration in accordance with the rules of [Arbitration Association] rather than in court, except that:

• You may assert claims in small claims court if they qualify

• Either party may seek injunctive or equitable relief in court

The arbitration will be conducted in [Location], and judgment on the arbitration award may be entered in any court having jurisdiction.

Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Opt-Out

You may opt out of the arbitration agreement by sending written notice to [Company Address] within 30 days of first accepting these Terms.

Term and Termination

Term

These Terms remain in effect while you use the Service or maintain an account with us.

Termination by You

You may terminate your account at any time by contacting customer service or through your account settings. Termination does not entitle you to a refund unless specified in our Refund Policy.

Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms

• Provision of false or misleading information

• Fraudulent activity or misuse of the Service

• Violation of applicable laws or regulations

• Extended period of inactivity

Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases

• We may delete your account and User Content

• Provisions that by their nature should survive termination will remain in effect, including ownership, warranty disclaimers, indemnification, and limitations of liability

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective:

• Immediately upon posting to our website for non-material changes

• 30 days after notice is provided for material changes

We will notify you of material changes via email or through a prominent notice on the Service. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

If you do not agree to the changes, you must stop using the Service and may close your account.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights under these Terms without our written consent. We may assign these Terms without restriction.

No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and the Company.

Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to support@fertilmarq.com.

Language

These Terms are provided in English. Any translations are provided for convenience only, and the English version shall prevail in case of any inconsistency.

Survival

Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution.

Contact Information

If you have questions or concerns about these Terms, please contact us:

Customer Support: support@fertilmarq.com
Mail: FertilMARQ, 323 Andover St. Wilmington, MA 01887

Acknowledgment: BY USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.