How to Contact Us:

KBI Services, Inc.
120 5th Ave, 5th floor
New York, NY 10011
Telephone: 1(855) KIND-BODY
Email: navigator@kindbody.com

Terms of Use
Last Updated: January 1, 2024

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by KBI Services, Inc., including the https://wwww.kindbody.com website (the “Site”), as well as the services (“Services”) and products (“Products”) available to users through the Site. KBI Services, Inc. (“Kindbody”, “we,” “us,” and “our”) contracts with Empire Medical Practice, P.C., Garden State Medical Practice, P.C., Fahimeh Sasan D.O., P.C., Kindbody of FL Medical Practice, P.A. , Peach State Medical Practice, P.C., d/b/a in multiple states including, but not limited to, Kindbody of CO, TX, MN, WA, PA, AR, NC, FL, MD, OH, D.C. Medical Practices, Vios Fertility Institute of Chicago PLLC (Kindbody of IL Medical Practice), Centers for Reproductive and Wellness Medicine, PLLC (Kindbody of IL Medical Practice II), Vios Fertility Institute of Michigan PLLC (Kindbody of MI Medical Practice), Vios Fertility Institute Pacific Northwest PC (Kindbody of OR Medical Practice),  Vios Fertility Institute of St. Louis LLC (Kindbody of MO Medical Practice), Vios Fertility Institute of Milwaukee, SC (Kindbody of WI Medical Practice), hereinafter, collectively “Kindbody Medical Practice”, regarding online telehealth medical consultations and secure messaging between Kindbody Medical Practice physicians (individually the “Provider” and collectively the “Providers”) and their patients. (See Section 20 for supplemental terms applicable to Providers.) The professional medical services (which are provided by Kindbody Medical Practice) and the non-clinical Site services (which are provided by Kindbody) are collectively referred to in this Terms of Use as the “Services”. The terms “you” and “your” means you, your dependent(s) if any, and any other person accessing your Kindbody Account.

Please refer to our Privacy Policy to learn about our privacy practices with respect to your personal information. Please refer to our Notice of HIPAA Privacy Practices to learn about our privacy practices with respect to your Protected Health Information.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within the Terms of Use, Notice of HIPAA Privacy Practices, and Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.

Binding Arbitration. These Terms of Use provide that all disputes between you and Kindbody that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Kindbody.

1. Privacy Practices

You agree that information provided by you in connection with the Services and Site shall be governed by the Kindbody Privacy Policy, which is hereby incorporated and made a part of this Agreement. You agree that information provided by you in connection with the Services shall also be governed by the Kindbody HIPAA Notice of Privacy Practices, and is hereby incorporated and made a part of this Agreement.

2. Services Provided – No Medical Care or Advice by Kindbody

We offer an online education and communication platform for Providers and their patients to connect via the Site through the use of general health and wellness information, synchronous and asynchronous telecommunications, and other electronic medical record technologies.

Kindbody does not provide medical advice or care. Kindbody contracts with Kindbody Medical Practice, an independent, physician-owned medical group with a network of United States based Providers who provide clinical in person and telehealth services. Kindbody Medical Practice Providers deliver clinical services and may communicate with their patients via the Kindbody platform. Providers are independently contracted or employed by Kindbody Medical Practice. Providers are not contracted or employed by Kindbody. The Providers, and not Kindbody, are responsible for the quality and appropriateness of the care they render to you.

The Providers are independent of Kindbody and are merely using the Site as a way to provide educational information and/or communicate with you. Any information or advice received from a Provider comes from them alone, and not from Kindbody. Your interactions with the Providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Kindbody, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. Kindbody does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.

Kindbody does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with available Providers based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Provider.

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Kindbody. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Kindbody, or in connection with any communications supported by Kindbody, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Kindbody may facilitate your selection of, and communications with, Providers, Kindbody does not provide medical services, and the doctor-patient relationship is between you and the Kindbody Medical Practice Provider you select.

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

Kindbody’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Risks of Telehealth Services
Some services are offered via telehealth/telemedicine (online with internet access on a computer, tablet, or smartphone). Telehealth refers broadly to electronic and telecommunications technologies and services used to provide care and services at a distance. Telemedicine is a distinct area within telehealth; it refers to the practice of medicine using technology to deliver care at a distance.

Telehealth/telemedicine provides improved access to care and can be very efficient for certain services such as consultations. However, it’s important to understand the risks and limitations, which include but may not be limited to potential technical problems and the inability to complete many types of physical examinations remotely. Additionally, although Kindbody uses HIPAA-compliant platforms, this does not completely eliminate the possibility of sessions being intercepted or otherwise inappropriately accessed.

If relevant to the consultation, sensitive subject matter (including the types listed above) may be discussed and certain images may be displayed. Sessions may also be recorded. The laws that protect PHI also apply to telehealth and telemedicine.  Patients may end the session at any time.

Telehealth/telemedicine may or may not be covered by insurance, and financial responsibility ultimately rests with the patient.

By using the telehealth offering of our Services, you acknowledge the potential risks associated with telehealth services and accept financial responsibility.

3. Availability of Services

Kindbody and Kindbody Medical Practice operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited. 

4. Payment Services For Subscribing Practitioners

Payment processing services for Providers on the Site are provided by Stripe, Inc. and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Subscribing Practitioner on the Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Site enabling payment processing services through Stripe, you agree to provide the Site accurate and complete information about you and your business, and you authorize the Site to share it and transaction information related to your use of the payment processing services provided by Stripe.

1.Typographical Errors and Incorrect Pricing. In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any purchase placed for the Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such purchase order whether or not the purchase has been confirmed and your credit or debit card charged. If you credit or debit card has already been charged for the purchase and your purchase order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.

2.Eligibility; Site Access, Security and Restrictions; Passwords
In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully create your Kindbody Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Kindbody ID and credentials. The Kindbody ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Kindbody ID and/or credentials, and for all activities that occur under such Kindbody ID and/or credentials. You agree to prohibit anyone else from using your Kindbody ID and/or credentials and agree to immediately notify Kindbody of any actual or suspected unauthorized use of your Kindbody ID and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Kindbody at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Kindbody will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. 

5. Electronic Communications

When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Kindbody and Kindbody Medical Practice may contact you by telephone, mail, or email to verify your account information. Kindbody and Kindbody Medical Practice may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.

6. Consent to Receive Calls and Text Messages

By providing your mobile number, you are agreeing to be contacted by or on behalf of Kindbody and Kindbody Medical Practice at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g., progress tracking, refill reminders, checkup reminders, etc.) and marketing communications relating to the Site and Services. Message and data rates may apply. For help, text the word HELP to (833) 745-3377. To stop receiving text messages text the work STOP (833) 745-3377. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message and/or respond to your STOP message by texting you a request to identify services you wish to stop. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your progress and treatment.

7. Ownership Of The Site And Related Materials; Additional Restrictions

All pages within this Site and any material made available for download are the property of Kindbody, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.

All rights not expressly granted to you in these Terms of Use are reserved and retained by Kindbody or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kindbody. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kindbody without express written consent. You may not use any meta tags or any other “hidden text” utilizing Kindbody’s name or trademarks without the express written consent of Kindbody. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Kindbody. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content or other proprietary information (including; images, text, page layout, or form) of Kindbody without our express written consent.

8. No Users Under 18 Years Old

The Site and Services are only for users of the age of 18. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please email us at navigator@kindbody.com

9. Accuracy of Information; Functionality

Although Kindbody attempts to ensure the integrity and accuracy of the Site and Product descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, Product descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Kindbody so that it can be corrected. If a Product described on our Site is not as described when you receive it, or the packaging on the Site does not match the product to receive, your sole remedy is to return it to us in unused and undamaged condition. Information contained on the Site may be changed or updated without notice. Additionally, Kindbody shall have no responsibility or liability for information or content posted to the Site from any non-Kindbody affiliated third party.

Kindbody and Kindbody Medical Practice each reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.

10. Links to Other Sites

Kindbody makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Kindbodysite, please understand that it is independent from Kindbody, and that Kindbody has no control over the content on that website. In addition, a link to a non-Kindbody website does not mean that Kindbody endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. 

11. User Information

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Kindbody and Kindbody Medical Practice that you have the legal right and authorization to provide all User Information to Kindbody and Kindbody Medical Practice for use as set forth herein and required by Kindbody and the Kindbody Medical Practice Provider.

You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Kindbody. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect PHI about any other individual who uses the Site or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

You agree to defend, indemnify and hold harmless Kindbody, Kindbody Medical Practice, and the Providers from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site. 

12. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Kindbody respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), we will respond promptly to notices of alleged infringement that are reported to Kindbody’s Designated Copyright Agent, identified below
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us notice (“Notice”) complying with the following requirements.

  1. Identify the copyrighted works that you claim have been infringed. 
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found. 
  3. Provide your mailing address, telephone number, and, if available, email address. 
  4. Include both of the following statements in the body of the Notice: 
  5. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” 
  6. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” 
  7. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to navigator@kindbody.com.

13. Intellectual Property

With the exception of your electronic medical record, Kindbody and Kindbody Medical Practice, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Kindbody or Kindbody Medical Practice (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Kindbody or Kindbody Medical Practice, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Kindbody or Kindbody Medical Practice trademarks, service marks, and logos are strictly prohibited without the prior written permission of Kindbody or Kindbody Medical Practice, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by Kindbody, Kindbody Medical Practice or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

Kindbody may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

14. Disclaimer of Warranties

KINDBODY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. Kindbody DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. KINDBODY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY KINDBODY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY KINDBODY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES 
 

15. Limitation of Liability Regarding Use of Site

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

KINDBODY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF KINDBODY MEDICAL PRACTICE OR THE PROVIDERS. KINDBODY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF Kindbody TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES. 

16. No Third Party Rights

Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Kindbody, Kindbody Medical Practice, and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Kindbody, Kindbody Medical Practice, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Kindbody, Kindbody Medical Practice, and its affiliates.

17. Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without Kindbody’s prior written consent. Kindbody may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

18. Supplemental Terms Applicable to Providers

These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.
To be a healthcare provider using the Site (“Provider” or “you”) you must be a licensed physician contracted or employed by Kindbody Medical Practice, and must agree to comply with all laws, medical board rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Kindbody users (including your Kindbody Medical Practice patients) is directly between you and the patient. The patient will never have a physician-patient relationship with Kindbody. Kindbody does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from patients and other consumers, and Kindbody shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.

Kindbody does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods or services offered by Provider, including but not limited any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and Kindbody agree that Kindbody is not providing, to Customer or anyone else, medical advice or legal advice.

Provider will use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases Kindbody and waives any and all potential claims against Kindbody as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s patients.

As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold Kindbody harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Kindbody, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Services. To the extent applicable, Provider will obtain Kindbody’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Kindbody or defect in the Site or Services. Kindbody will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.

If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Kindbody that you have the legal right and authorization to upload all Provider Content at the Site. Kindbody shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Kindbody desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. Kindbody is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you any compensation for any Provider Content; or (3) to respond to any Provider Content.

Kindbody does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Kindbody the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers. Kindbody and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party. 

19. Dispute Resolution; Arbitration Agreement

We will try work in good faith to resolve any issue you have with Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and Kindbody agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Kindbody are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Kindbody.

If you desire to assert a claim against Kindbody, and you therefore elect to seek arbitration, you must first send to Kindbody, by certified mail, a written notice of your claim (“Notice”). The Notice to Kindbody should be addressed to: 1140 Broadway,11th FL, New York, NY 10001 (“Notice Address”). If Kindbody desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Kindbody, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Kindbody and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Kindbody may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Kindbody or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Kindbody receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Kindbody and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Kindbody’s last written settlement offer made before an arbitrator was selected (or if Kindbody did not make a settlement offer before an arbitrator was selected), then Kindbody will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND 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. Further, unless both you and Kindbody agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for New Castle County, Delaware.

20. Force Majeure

\We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

21. Indemnification

You agree to defend, indemnify, and hold harmless Kindbody, Kindbody Medical Practice, and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products or Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Kindbody, Kindbody Medical Practice, or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products or Services or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

22. Revisions; General

Kindbody reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Kindbody reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Kindbody and you pertaining to the subject matter hereof. In its sole discretion, Kindbody may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Copyright/Trademark Information. Copyright ©2021 Kindbody, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

PRODUCT TERMS

To the extent certain Kindbody Products, such as KBI Services, Inc.’s At-Home Fertility Tests (the “Fertility Tests”), may be provided with additional or different terms or conditions (“Product Terms”). In the event of any Product Terms conflict with this Agreement, the Product Terms will control. 

The Fertility Tests are available only to individuals who are at least 18 years old. Therefore, you represent and warrant that if you are an individual, you are at least 18 years old and accept this Agreement. You also certify that you take full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

FERTILITY TEST NOTICE: Please note, notwithstanding the foregoing, the Fertility Tests are not currently available in the States of New York, New Jersey, or Rhode Island.

The information, content or reports provided derived from the Fertility Test or any applicable Product is for purposes of improving your wellness only and is not intended to provide medical advice, diagnosis, or treatment. We engaged the services of a licensed physician or other person authorized by law to order the blood and/or bodily fluid test and to receive your results prior to making your reports available to you. However, these interactions are not intended to create, nor do they create, any doctor-patient relationship. The Fertility Tests are often similar as those offered in fertility clinics. These Fertility Tests serve an important function in fertility but are not a definite predictor of fertility. The information, content or reports or Services related to the Fertility Test or any applicable Product are for informational purposes only. Any health related choices you make are yours and may require the advice of a healthcare provider. The information, content or reports are not intended to be a substitute for professional medical advice, diagnosis, or treatment or recommendation regarding medication. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Services, Fertility Test or any applicable Product, or by anyone who may be informed of any of its information, content or reports. Furthermore, you should not interpret any information, content or reports related to the Fertility Test or any applicable Product we provide you as recommending any specific treatment plan, product or course of action. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services or related to the Fertility Test or any applicable Product.

If you think you may have a medical emergency, call your doctor or 911 immediately. The Services does not endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services. The Services provides information and answers to certain reproductive health questions based on the information you input. The information the Services provide are meant to be considered by you and your physician. Reliance on any information provided by the Services is solely at your own risk.

FEES; PAYMENT

Kindbody offers a variety of “for-a-fee” Products and Services. You hereby authorize Kindbody (and its third-party payment processor) to charge your payment account (such as your credit card) for owed amounts. All payments are non-refundable except as otherwise specified by us. You are responsible for all taxes associated with your purchase, if applicable. You represent and warrant that your payment information (such as credit card number and address) will be accurate and update-to-date at all times.
  

RETURNS OR REFUNDS

For prompt service, please email our Kindbody Patient Care Navigator at navigator@kindbody and provide your order number for any request for the following:

  • If your order has not shipped, you are eligible for a 100% refund of your order. 
  • If it has been 30 days or less since you’ve placed your order, you are eligible for a full refund less $20 USD per test kit to cover shipping, handling, and processing fees. Please include your Kit ID information when you contact us. 
  • Orders over 30 days old and orders where results have been released are not eligible for any refund. 
  • In all cases, Kindbody cannot accept returned/unused kits. If you received your order and do not wish to continue with the test, we ask that you dispose of the kit.   
  • If you’ve purchased a kit for a discounted rate and are no longer interested in the kit, we’re happy to honor a refund based on the above guidelines. Discounts that are made available through the purchase of multiple kits will not reflect in any refunds that are completed by Kindbody.

All test kits must be registered and returned to the lab within 6 months of purchase. In addition, unregistered kits expire after 3 months. Any samples that are delivered to the lab after this time will not be processed. We are unable to provide a replacement kit or refund due to expiration.
 
If the lab is unable to process your results, you will be notified, and a new test will be shipped to you.   
 

THIRD PARTY PRODUCTS, ADVICE AND SERVICES

Kindbody and its suppliers shall not be liable to you or any other person for any loss, damage or delay resulting from your use of any third party services.  In the event that you have a dispute with one or more other third parties, you release Kindbody, its directors, officers, managers, employees, agents, contractors and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Fertility Test, Services, and any applicable Product. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in the creditor’s favor at the time of executing the release, which, if known by the creditor must have materially affected the creditor’s settlement with the debtor.”  

DISCLAIMERS

Service, Fertility Test, and any applicable Product availability, price and time-related information appearing on the Services are subject to change. Kindbody is not responsible for any such changes and advises you to confirm all specific terms appearing on the or through the Services before acting in reliance on such terms.
 
Third-party products and services represented on the Services are not necessarily endorsed or recommended by Kindbody and Kindbody disclaims all responsibility regarding the performance or the use of third-party products and services. Kindbody does not necessarily endorse or sanction the content, products or actions of websites that are linked to or from the Services.
 
THE SERVICES, FERTILITY TEST, ANY APPLICABLE PRODUCT, INFORMATION, REPORTS AND CONTENT ARE PROVIDED BY KINDBODY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KINDBODY (AND ITS LICENSORS AND SUPPLIERS) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. KINDBODY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SERVICES, FERTILITY TEST OR ANY APPLICABLE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KINDBODY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, FERTILITY TEST, ANY APPLICABLE PRODUCT, INFORMATION, REPORTS AND CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
 
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KINDBODY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, FERTILITY TEST, ANY APPLICABLE PRODUCT, INFORMATION, REPORTS AND CONTENT, EVEN IF KINDBODY OR A KINDBODY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KINDBODY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED SIXTY DOLLARS ($160), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PRODUCT OR SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
 
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT KINDBODY WILL HAVE NO LIABILITY IN CONNECTION WITH ANY INPUT ERRORS CAUSED BY ITS APPS’ SCANNING TECHNOLOGIES (I.E. IF DATA OR OTHER INFORMATION IS SCANNED WITH YOUR MOBILE DEVICE AND THEN INACCURATELY RECORDED INTO THE APP). IT IS YOUR RESPONSIBILITY TO REVIEW (‘DOUBLE-CHECK’) ALL SUCH SCANNED INPUTS – AND TO MANUALLY MAKE ANY NECESSARY CORRECTIONS.

OVERVIEW

Date
September 21, 2020

Company name
Kindbody Fertility, Inc. (“Kindbody“)

Brief description of transfer (Please indicate the scale and regularity of transfers in this regard)
Customer will transfer limited employee eligibility information of European-based employees to Kindbody

Data privacy role in regard to the data processing for us (e.g. data processor)
Kindbody acts as Data Processor

Current legal mechanism for the international transfer (e.g. Standard Contractual Clauses, Article 49 General Data Protection Regulation)
Standard Contractual Clauses

A. SYSTEMATIC DESCRIPTION OF THE DATA PROCESSING

Describe the nature, scope and context of the data processing
 Kindbody processes the Customer employee eligibility file for the purpose of identifying the Customer employees who are eligible to access services through Kindbody.

Purposes of the data processing1Identifying Customer employees who are eligible to access services through Kindbody.
2Providing location-specific services to employees based on the country where they are located

Functional/technical description of the data processing
Employee eligibility files are temporarily downloaded to an authorized individual’s MDM-enforced company-issued laptop (encrypted, timed lockout, remote wipeable) to be uploaded to the Kindbody application, and deleted from the device immediately after.

Categories of personal data being processed
 Contact information (e.g., first name, last name, work email address), country of residence, and start date.

Number of datasets that are being processed1, with periodic updates
The recipients of the personal data 

Company entities
Kindbody Fertility Inc.

Vendors
Files.com, Azure, Google Drive, Zendesk

Assets on which the personal data sits (e.g. hardware, software, networks, people, paper or paper transmission channels)
Personal data is stored in Files.com, Azure, Google Drive, and Zendesk.

B. REGULATORY FRAMEWORK
Factors relevant to the assessment 

Analysis

Applicable regulatory regime
U.S. Law

Safeguard offered by local data privacy laws
None (regarding non-U.S. persons)

Risks posed by laws authorizing authorities to access or conduct surveillance on personal data for security or other reasons (including laws applicable to company’s cloud service or other communication providers)
Foreign Intelligence Surveillance Act, Sec. 702 Risk of surveillance mainly on U.S. soil.
Executive Order 12333 & Presidential Policy Directive 28 Risk of surveillance mainly during transit to/through the U.S.
[Applicable Law 3] (please indicate if other applicable laws pose any similar risks, e.g. applicable sector-specific laws)

Kindbody is not aware of any further laws applicable in this respect.

Access to judicial process to protect data subject rights
None (regarding non-U.S. persons); merely generalized judicial review of FISA surveillance decisions by the FISC

Role of regulators and supervisory authorities in protecting data
None (regarding non-U.S. persons)

Ability of individuals to raise complaints, appeal and enforce decisions
 None (regarding non-U.S. persons)  

C. REQUEST FOR INFORMATION

Factors relevant to the assessment Analysis
Note: Please indicate if you are under a legal obligation not to answer one of the following questions.

Please indicate whether you qualify as an electronic communication service provider within the meaning of 50 USC § 1881(b)(4) (i.e. as a telecommunications carrier, provider of electronic communication service, provider of a remote computing service, any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored or an officer, employee, or agent of any such entity)

There is a risk, even though not probable, that Kindbody may qualify as an Electronic Communication Service Provider in the meaning of 50 USC § 1881 (b) (4) due to the services it currently provides to its end-customers or may provide in the future, in particular with respect to the function to get in touch with fertility experts as well as the provision of the Desktop & mobile app.

Please indicate whether you have been subject to additional government requests for customer data.
Never.

Please indicate whether you cooperate in any respect with US authorities conducting surveillance of communications under EO 12.333, should this be mandatory or voluntary.
No, this has never been requested.

Please indicate whether you periodically issue transparency reports including Information on data access requests in regard to the U.S.
No.
 
D. MITIGATING MEASURES
Please indicate whether you have implemented any safeguards to mitigate the risk associated with the data transfer (e.g. encryption). 

Yes.

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