Terms

Please read these terms and conditions (“terms”, “terms and conditions”) carefully before using the www.proovtest.com website and the Proov app (the “service”) operated by MFB Fertility, Inc. (“us”, ‘we”, “our”).

Conditions of Use
We will provide services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. We urge you to read them carefully.

Privacy Policy
Before you continue using our website we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices:

WHAT WE COLLECT

We may upload your image and image information in association with your usage of the app.  We may additionally collect the following information from you:

  • Name.
  • Contact information including email address.
  • Demographic information such as postal code, preferences and interests.
  • Other information relevant to customer feedback.
  • Self-reported health observations
  • Photographical images and image information from your device depicting diagnostic tests performed on your own bodily fluids, and photographical images from your device depicting your profile photo/avatar.

WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with better service, and in particular for the following reasons:

  • Internal record keeping
  • We may use this information to improve our products and services.
  • From time to time, we may also use your information to contact you for market research purposes.
  • We may contact you by email, phone, or fax.
  • We may use the information to customize our website according to your interests.
  • We may store and use the self-reported health observations and the photographical images and image information depicting the diagnostic tests that you perform on your own bodily fluids to provide in-app results to you, to update the app to prompt you to take subsequent diagnostic tests based on the detected results, and to allow you to share the images of the diagnostic tests and results interpreted from the images of the diagnostic tests with your healthcare provider.
  • We may store and use the images depicting your profile photo/avatar in association with presenting your user profile on the app.

SECURITY
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online.


LINKS TO OTHER WEBSITES
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, please note we do not have any control over the other website.

Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites. These other sites are not governed by this privacy statement. You should exercise caution and look the privacy statement applicable to the website in question.


CONTROLLING YOUR PERSONAL INFORMATION
We will not sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law.

Copyright
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of MFB Fertility, Inc. and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of MFB Fertility, Inc., with copyright authorship for this compilation by MFB Fertility, Inc..

Communications
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Applicable Law
By visiting this website, you agree that the laws of Colorado, the United States of America, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between MFB Fertility, Inc. and you, or its business partners and associates.

Disputes
Any dispute related in any way to your visit to this website or to products you purchase from us or these terms, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure, at a venue within the city of Denver, Colorado. In any event, the forum related to any dispute related in any way to your visit to this website or to products you purchase from us or these terms, shall be an arbitration or mediation venue, or otherwise the state and federal courts located within Denver, Colorado.

Comments, Reviews, and Emails
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to MFB Fertility, Inc. and/or third parties. Content has to be free of software viruses, political campaign, and commercial solicitation. Content must also be free of any personally identifiable information or electronic personal health information (ePHI).
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant MFB Fertility, Inc. non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

License and Site Access
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.

User Account
If you are an owner of an account on this website or the Proov app, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. Content must also be void of any personally identifiable information or electronic personal health information (ePHI). We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.