Terms of Use

Agreement to These Terms

These Terms of Use (the "Terms") form a legally binding agreement between you ("you" or "User") and us ("we," "us," or "our"). They govern your access to and use of our website, our quizzes, forms, content, communications, and all other products, services, and features we make available (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES — INCLUDING BY SUBMITTING A QUIZ, FORM, OR OTHER REQUEST — YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICES.

These Terms include important provisions that affect your legal rights, including:

• A disclaimer that we are not a healthcare provider and do not provide medical advice (Section 5);
• A disclaimer that we do not endorse or guarantee any Clinic (Section 6);
• Disclaimers of warranties (Section 13);
• Limitations on our liability (Section 14);
• Your obligation to indemnify us (Section 15);
• A governing law and dispute resolution provision (Sections 18–19);
• A class action waiver (Section 20).

Please read these Terms carefully.

Definitions

• "Clinic" means any fertility clinic, healthcare provider, professional, or third-party organization listed in, referenced by, or accessible through the Services.
• "Content" means all text, images, graphics, videos, audio, data, quizzes, articles, and other materials made available through the Services.
• "User Content" means any information, materials, or data that you submit, post, upload, or otherwise provide through the Services, including quiz responses and form submissions.

Eligibility

To use the Services, you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into a binding contract;
• Not be barred from receiving the Services under the laws of Canada, the Province of Ontario, or any other applicable jurisdiction;
• Provide accurate, current, and complete information when prompted.

By using the Services, you represent and warrant that you meet all of these requirements. If you are using the Services on behalf of another person or entity, you represent that you have authority to bind that person or entity to these Terms.

Description of the Services

The Services are an online directory and referral platform that helps individuals identify and connect with Clinics offering fertility-related care and related services. The Services may include:

• Educational and informational content about fertility, family-building, and related topics;
• Quizzes, intake forms, and questionnaires that collect information about your needs, preferences, and circumstances;
• A directory of Clinics with related information;
• Functionality to transmit your information to one or more Clinics so they may contact you directly;
• Newsletters, marketing communications, and similar materials.

We may modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you.

NOT MEDICAL ADVICE — IMPORTANT DISCLAIMER

WE ARE NOT A HEALTHCARE PROVIDER, MEDICAL PRACTICE, INSURER, OR LICENSED HEALTH PROFESSIONAL. We are not a substitute for professional medical advice, diagnosis, or treatment.

• All Content on the Services is provided for general informational and educational purposes only. It is not intended to be — and must not be relied upon as — medical, clinical, diagnostic, therapeutic, psychological, legal, financial, or any other professional advice.
• The Services, including quiz results and Clinic suggestions, do not constitute a diagnosis, treatment plan, prescription, or recommendation of any particular Clinic, treatment, procedure, medication, or course of care.
• Always seek the advice of a qualified, licensed healthcare professional with any questions you may have about a medical condition, fertility treatment, or related issue. Never disregard professional medical advice or delay seeking it because of something you have read or seen on the Services.
• If you are experiencing a medical emergency, call 911 or your local emergency services immediately.

Reliance on any Content or output of the Services is solely at your own risk.

Relationship with Clinics — No Endorsement, No Agency

The Services help connect you with Clinics, but we do not employ, supervise, control, recommend, endorse, certify, vet, or guarantee any Clinic or any service, treatment, or outcome offered by a Clinic.

• No endorsement. Inclusion of a Clinic in our directory or transmission of your information to a Clinic is not an endorsement, recommendation, or warranty of the Clinic's qualifications, credentials, services, reputation, ethics, success rates, pricing, or fitness for your needs.
• No agency or partnership. We are not the agent, partner, joint venturer, fiduciary, or representative of any Clinic, and no Clinic is our agent, partner, joint venturer, fiduciary, or representative.
• Independent relationship. Any consultation, appointment, treatment, advice, transaction, communication, or other interaction between you and a Clinic is solely between you and that Clinic. We are not a party to any such interaction.
• Independent due diligence. You are solely responsible for evaluating any Clinic's credentials, services, fees, policies, locations, and suitability before engaging with them. We strongly encourage you to verify a Clinic's licensing, credentials, and reputation independently before booking any consultation or treatment.
• No liability for Clinic conduct. We disclaim all liability for the acts, omissions, advice, services, treatments, conduct, fees, billing, communications, marketing practices, or outcomes of any Clinic or its personnel.

Quiz and Form Submissions

When you submit a quiz, intake form, or similar request through the Services, you:

• Confirm that the information you submit is true, accurate, complete, and your own (or, where applicable, that you have authority to submit information on behalf of another person);
• Authorize and direct us to transmit your information to one or more Clinics so that those Clinics may contact you directly by phone, email, text message, or other means using the contact information you provided;
• Acknowledge that Clinics may contact you for marketing, scheduling, and informational purposes;
• Acknowledge that once your information has been transmitted to a Clinic, that Clinic is independently responsible for its own collection, use, retention, and security of your information, in accordance with its own privacy practices and applicable laws;
• Acknowledge that we cannot guarantee how quickly (or whether) any particular Clinic will respond to your submission;
• Acknowledge that we may save your match results at a unique URL (a "Results Permalink") so you can return to them later. The Results Permalink is not password-protected — anyone who obtains the URL could view your match results, and you are responsible for safeguarding the link if you wish to keep it private. See Section 14 of our Privacy Policy for more detail.

You may opt out of further communications from a Clinic by contacting that Clinic directly.

Your Account (If Applicable)

If we offer accounts in the future, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

User Content and Licence

You retain ownership of your User Content. By submitting User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual, irrevocable licence to host, store, reproduce, use, modify, adapt, translate, distribute, transmit, display, and create derivative works of your User Content for the purposes of operating, providing, improving, and promoting the Services and for any other lawful business purpose, including (without limitation) transmitting your information to Clinics in accordance with these Terms and our Privacy Policy.

You represent and warrant that:

• You own or have all necessary rights to submit your User Content and to grant the licence above;
• Your User Content does not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, contractual, or other rights;
• Your User Content is accurate, lawful, and not misleading;
• Your User Content does not contain any malicious code, viruses, or harmful elements.

We may, but are not obligated to, monitor, review, modify, refuse to post, or remove any User Content at our sole discretion.

Our Intellectual Property

All Content (other than User Content) is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws of Canada and other jurisdictions. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your personal, non-commercial use.

You must not:

• Copy, reproduce, modify, distribute, publish, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any purpose without our prior written consent;
• Reverse engineer, decompile, disassemble, scrape, harvest, or otherwise attempt to discover the source code or underlying components of the Services;
• Use any robot, spider, scraper, crawler, or other automated means to access the Services;
• Remove, alter, or obscure any proprietary notices on the Services;
• Use our trademarks, logos, or branding without our prior written consent.

All rights not expressly granted are reserved.

Prohibited Conduct

You agree not to:

• Use the Services for any unlawful, fraudulent, deceptive, harmful, or unauthorized purpose;
• Submit false, misleading, or inaccurate information (including information about another person without their authorization);
• Impersonate any person or misrepresent your affiliation with any person or entity;
• Harass, threaten, defame, or intimidate any other person, including our personnel or any Clinic;
• Upload or transmit any virus, malware, or harmful code;
• Interfere with, disrupt, overload, or compromise the security of the Services or any network or system connected to the Services;
• Attempt to gain unauthorized access to any portion of the Services, accounts, systems, or data;
• Use the Services to send unsolicited communications, marketing, or spam;
• Collect or harvest information about other users or Clinics without authorization;
• Use the Services in a manner that could damage, disable, or impair our infrastructure or reputation;
• Violate any applicable law, regulation, or these Terms.

We may investigate and prosecute violations to the fullest extent permitted by law, and we may report suspected unlawful conduct to law enforcement.

Third-Party Links and Services

The Services may contain links to or integrations with third-party websites, applications, or services, including Clinic websites. We do not control, endorse, or assume responsibility for any third-party content, products, services, or practices. Your access to and use of any third-party website or service is at your own risk and subject to that third party's terms and policies.

Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

We expressly disclaim all representations, warranties, and conditions, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, title, quality, accuracy, completeness, reliability, timeliness, availability, security, and non-infringement;
• Warranties that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components;
• Warranties regarding the accuracy, suitability, qualifications, services, conduct, or outcomes of any Clinic;
• Warranties that any Clinic will respond, accept your inquiry, or provide services to you;
• Warranties that any treatment, procedure, or outcome will be successful or safe.

Use of the Services is at your sole risk. Any reliance on the Services or any Content is at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent any warranty cannot be excluded by law, our liability for breach of that warranty is limited to the maximum extent permitted by law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) Excluded damages. In no event will we, our affiliates, or any of our or their respective directors, officers, employees, agents, contractors, licensors, or service providers (collectively, the "Released Parties") be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, aggravated, or punitive damages; or for any loss of profits, revenue, business, goodwill, data, opportunity, anticipated savings, or use; or for any personal injury, emotional distress, mental anguish, or pain and suffering; or for any damages arising out of or relating to any Clinic, any medical treatment or procedure, or any outcome of any treatment — arising out of or relating to these Terms or the Services, whether based on contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not the Released Parties have been advised of the possibility of such damages.

(b) Cap on liability. To the extent the Released Parties are found liable to you for any matter arising out of or relating to these Terms or the Services, the aggregate liability of the Released Parties will not exceed the greater of (i) the amount you have paid to us (if any) in the twelve (12) months preceding the event giving rise to the claim, or (ii) CAD $100.00.

(c) No liability for third parties. The Released Parties have no liability whatsoever for any act, omission, advice, treatment, service, outcome, fee, communication, or conduct of any Clinic or other third party. Your interactions with Clinics are entirely between you and the Clinic.

(d) Basis of the bargain. You acknowledge and agree that the disclaimers and limitations in these Terms are a fundamental basis of the bargain between you and us, and that we would not provide the Services without them.

(e) Statutory rights. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for fraud, fraudulent misrepresentation, or gross negligence resulting in death or personal injury where such limitation is prohibited.

Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, demands, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable legal fees on a full indemnity basis) arising out of or relating to:

• Your access to or use of the Services;
• Your User Content;
• Your interaction with, or any treatment, advice, or service provided by, any Clinic;
• Your breach or alleged breach of these Terms;
• Your violation of any law or any rights of any third party (including any intellectual property, privacy, or publicity rights);
• Any misrepresentation made by you;
• Any other person's access to or use of the Services using your credentials or with your assistance.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence. You may not settle any matter without our prior written consent.

Suspension and Termination

We may suspend, restrict, or terminate your access to all or any part of the Services at any time, with or without notice and with or without cause, including if we believe you have violated these Terms. Upon termination, your right to use the Services will cease immediately. Sections of these Terms that by their nature should survive termination (including Sections 5, 6, 9, 10, 13, 14, 15, 18, 19, 20, and 24) will survive.

Communications and Electronic Notices

By using the Services, you consent to receive electronic communications from us, including emails, notices on the Services, and (where you provide a phone number) phone calls or text messages. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

Where required, we will comply with Canada's Anti-Spam Legislation ("CASL") and provide a means to unsubscribe from commercial electronic messages.

Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to them or the Services are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Dispute Resolution and Forum

Informal resolution. Before initiating any formal proceeding, you agree to attempt to resolve any dispute by first contacting us in writing and giving us at least sixty (60) days to respond and attempt to resolve the matter in good faith.

Forum. Subject to the informal resolution requirement above, you agree that any action, suit, or proceeding arising out of or relating to these Terms or the Services will be brought exclusively in the courts of the Province of Ontario, sitting in the City of Toronto, and any appellate courts therefrom. You irrevocably consent to the personal jurisdiction and venue of those courts and waive any objection on the grounds of inconvenient forum.

Class Action and Jury Trial Waiver

To the maximum extent permitted by applicable law, you and we each agree that any dispute will be resolved on an individual basis and not as a class, collective, consolidated, or representative action. You waive any right to participate in a class or representative proceeding. This waiver does not apply where it is prohibited by applicable law.

To the extent permitted by law, you and we each waive any right to a trial by jury.

Severability

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

Waiver

No failure or delay by us in exercising any right under these Terms will operate as a waiver. No waiver will be effective unless in writing and signed by us.

Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign or transfer these Terms freely, including to an affiliate or in connection with a merger, acquisition, financing, or sale of assets.

Entire Agreement

These Terms, together with our Privacy Policy and any other policies or terms referenced herein or presented at the point of submission (collectively, the "Agreement"), constitute the entire agreement between you and us regarding the Services and supersede all prior and contemporaneous agreements, communications, and understandings, whether oral or written.

Changes to These Terms

We may modify these Terms from time to time. When we do, we will update this page and, where appropriate, notify you by email or through a notice on the Services. Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

Language

The parties have requested that these Terms and all related documents be drafted in English. Les parties ont demandé que cette entente et tous les documents qui s'y rapportent soient rédigés en anglais.