Terms of Service
Acceptance of Terms.
These Terms of Service (the “Terms” or the “Agreement”) are an agreement between you (“User” or “you” or “your”) and The Glue, LLC (“The Glue,” or “we,” “us” or “our”). By using any of The Glue’s products and services, you represent that you are at least 18 years old, legally able to enter into a contract and have read and agree to these Terms.
If you do not agree to these Terms, you are not permitted to use the Services and must delete any software associated with Services and deactivate any user accounts associated with the Services.
Description of the Service.
The Glue provides a mobile application called Naula, which offers a revolutionary new way to manage fertility treatments: artificial insemination to IVF, egg freezing, egg donation and surrogacy. Naula provides a calendar, reminders and information on the most popular fertility treatments (the “Services”). The Services include any associated websites and downloaded mobile application or any other software or services provided by The Glue.
The Glue may modify these Terms from time to time. Any changes to the Terms will be effective when we post them, and apply to all access to and use of the Services thereafter.
Grant of Limited License.
While you comply with this Agreement, The Glue grants you a non-exclusive, limited, non-sublicensable, non-transferable, revocable license to use the Services as described in these Terms (the “License”).
You may use the Services on any platform, including but not limited to cell phones, tablets, or computers that you own or control and as permitted by the Usage Rules set forth in the iTunes App Store Terms of Service.
Any rights not specifically granted in this Agreement are reserved by The Glue. The Services are licensed, and not sold, to you. Your use of the Services confers no title or ownership in or to the Services and should not be construed as a sale of any rights in the Services.
The License Term begins with your first use of the Services and shall continue until the earlier of either termination or until your account is otherwise deactivated.
The Glue reserves the right, in its sole discretion and at any time, to terminate the License and the User's access to the Services.
Apple App Store Terms.
This Agreement is between you and The Glue only, and not with Apple, and The Glue, not Apple, is solely responsible for the Services. You acknowledge that The Glue, not Apple, is responsible for addressing any of your claims or any third party claims relating to the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Services infringe a third party’s intellectual property rights, The Glue, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Fees and Payment.
You agree to pay all fees or charges incurred by your account, including applicable taxes, in accordance with this Agreement and the billing terms that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. You represent to The Glue that you are an authorized user or an authorized user of the chosen method of payment used to pay all fees you incur plus all applicable taxes. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT.
Your Representations and Warranties.
You represent and warrant that any information that you provide The Glue while using the Services will be truthful and accurate.
You represent and warrant that your use of the Services does not violate any law, statute or regulation in your jurisdiction. You agree to take full responsibility for ensuring that your continued use of the Services is lawful in your jurisdiction.
Intellectual Property Rights
All intellectual property rights in and to the Services are owned by The Glue. “Naula” and other logos, designs, headers, and names appearing or relating to our products or services are registered trademarks and/or trade dress of The Glue. These trademarks and/or trade dress (as applicable) may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used in whole or in part without the prior written permission of The Glue.
You agree to maintain the security of your password and identification. You also agree to be fully responsible for all use of your account and for any actions that may occur using your account.
- Unless provided for in writing, you may not use the Services to do any of the following:
- Incorporate the Services into any third-party product.
- Modify the Services.
- Remove or disable any proprietary notices included with the Services.
- Violate any law, statute or regulation, or use the Services in any way that facilitates such violation.
- Disrupt or interfere with any other User’s use or enjoyment of the Services.
- Use a false identity or represent yourself as someone else.
- Use or attempt to access another user’s account, password, services or systems.
- Attempt to transmit any content or information that you are not authorized to transmit.
Rules of Conduct
- By way of examples and not as limitations, you agree that you may not access the Services to:
- Violate any applicable laws or regulations, or promote or encourage any illegal activity.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including but not limited to the rights of privacy and publicity.
- Restrict or inhibit any other user from using and enjoying the Services.
- Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material that is harmful, illegal, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or otherwise offensive or objectionable.
- Publish, post, upload, transmit, distribute, disseminate or otherwise make available surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material or information, including but not limited to images, photographs, sound files, text files, graphics files, and videos that infringe or misappropriate any copyright, trademark, patent, trade secret, or right of privacy or publicity, or other right of any party.
- Publish, post, upload, transmit, distribute, disseminate or otherwise make available any files that contain viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or any other similar software or programs that may damage or interfere with the operation of the Services, other users’ access to the Services and/or other users’ computers.
- Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.
- Impersonate or create a false identity.
- Collect in any manner information regarding users of the Services or other user or usage information or any portion thereof, or distribute such information to any third party.
- Attempt to obtain passwords, other Account information, or any other private information from any other user of the Services, including, without limitation, the collection of personal information of others, including e-mail addresses.
- Make false reports to Naula administrators.
- Use the Services for fraudulent transactions.
- Use the Services to offer to transfer, buy, auction, rent, lease, loan or sell access to your account.
- Frame or mirror any part of the Services without The Glue’s express prior written consent.
- Institute an attack upon any server used in connection with the Services or any portion thereof or otherwise attempt to disrupt such servers.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Services or the Content.
- Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Services and/or the Content.
Limitation of Liability
The Glue disclaims liability for any loss, injury, claim or damage related to your use of its Services, including without limitation, those resulting from errors or omissions, a site or application being down, or data loss. The Glue will not be liable to you for any indirect, incidental, consequential, reliance, punitive or special damages. In no event will The Glue be liable for special, incidental or consequential damages resulting from possession, use or malfunction of the Services, including damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, even if The Glue has been advised of the possibility of such damages. The Glue’s liability shall not exceed the actual price paid for the license to use the Services.
You expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available”, with all faults and without warranty of any kind, and The Glue hereby disclaims all warranties and conditions with respect to the services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. The Glue does not warrant against interference with your enjoyment of the services, that the functions contained in, or provided by, the services will meet your requirements, that the operation of the services will be uninterrupted or error-free, or that defects in the Services will be corrected. No oral or written information or advice given by the Glue or its authorized representative(s) shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you. The Glue cannot promise certain results from use of the Services.
The medical information on this site is provided as an information resource only, and is not to be used or relied on for any diagnostic or treatment purposes. This information is not intended to be patient education, does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment.
Please consult your health care provider for an appointment before making any healthcare decisions or for guidance about a specific medical condition. The Glue, LLC expressly disclaims responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site. The Glue, LLC does not endorse specifically any test, treatment, or procedure mentioned on the site.
We may provide links to other websites from time to time. These links are provided for your convenience. The Glue does not endorse or take responsibility for the content of these other websites and will not be liable in any for any damages or losses which you may suffer by using those websites. If you choose to access such linked websites, you do so at your sole risk.
You agree to indemnify and defend The Glue, its partners, affiliates, subsidiaries, officers, directors, agents and assigns from all damages, losses and expenses arising from your acts and omissions while using the Services and from any breach of any representations and/or warranties contained in this Agreement.
The Glue may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without The Glue’s express prior written consent.
Because The Glue would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that The Glue shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to Your breaches of this Agreement, in addition to such other remedies as The Glue may otherwise have under applicable laws.
You may provide feedback, suggestions, and ideas about the Services. You grant us the irrevocable right to use your feedback and incorporate your suggestions into our Services without any obligation to provide attribution or compensation to you or any third party.
Contact us at any time.
The Glue at PO Box 341441, Los Angeles, CA 90034
- Jurisdiction and Choice of Law: This Agreement, and any disputes arising from or relating to the conduct covered by this Agreement, are governed by the laws of the State of California. You hereby purposefully avail and submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the courts of Los Angeles, California.
- Entire Agreement: This Agreement represents the entire agreement between the parties concerning the Services.
- Severability: In any provision of this Agreement is held by a court or other tribunal to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
- No Waiver: No waiver of by The Glue of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Glue to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
Information You Provide
When you download, register with or use the App, we collect the following information that you choose to share: first name, last name, healthcare information, email address and login information.
The Glue will use this information to help create user accounts and/or profiles through registration; provide product and/or service fulfillment (including but not limited to user accounts, managing purchases, payments, quality control); perform internal operations including, but not limited, to tracking and improving the effectiveness of our website, the App, and marketing efforts; personalize user experiences such as remembering your settings and preferences; provide support; advertise and market our products and services; market research; provide information to our advisors, such as our attorneys, accountants and others to comply with legal, accounting and security requirements; improve our service.
Naula will retain the information that you provide through your account, even if you remove Naula from your device. If you would like Naula to completely delete that information from our systems, you may request that Naula do so by emailing email@example.com.
You may also choose to provide information to be published or displayed on public areas through the App ("User Contributions"). Your User Contributions are posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection
When you download, access or use the App, we may automatically collect certain details about your access to and use of the App such as IP (Internet protocol) addresses, desktop type, screen size, screen color, screen depth, system fonts, browser types, operating system, local time zone, date and time, referring sites and/or search engines to aid in administering the App. Such addresses are used to anonymously identify individuals to enable The Glue to gather general, non-personally identifying demographic information. The Glue’s information request forms allow visitors to the App to provide us with additional contact information. By opting in, you may elect to receive additional information about The Glue by email. App users may also opt-out of receiving such email.
The technologies we use for automatic information may include voluntary information provided by user.
Automatic Third Party Information Collection
Certain third parties may also use automatic information collection technologies to collect information about you or your device. These third parties may use tracking technologies to collect information about you when you use the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites.
They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact: firstname.lastname@example.org.
In order to prevent the unauthorized access or disclosure of your personal information and ensure the appropriate and accurate use of information, we have appropriate physical, electronic and managerial procedures to secure the information The Glue collects online from your activities on the App. Note that no data transmission via the Internet can ever be guaranteed to be completely secure. Thus, The Glue cannot ensure or warrant the security of any information you transmit to The Glue over the Internet. Therefore, you make any such transmission at your own risk. Once we receive your transmission, we use reasonable efforts to ensure its security on our computer systems.
Notification of Changes
Acceptance of Terms
Contacting the Web App
You may contact The Glue at PO Box 341441, Los Angeles, CA 90034 or by emailing email@example.com
Effective Date: March 5, 2018