Important Notice: These Terms of Service constitute a legally binding agreement between you and Hatchly LLC, a Nevada Limited Liability Company. By downloading, installing, accessing, or using the Hatchly mobile application, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, do not use the App.
By creating an account, accessing the App, or using any feature of the App, you represent that: (a) you are at least 18 years of age; (b) you have the legal capacity to enter into a binding contract; (c) you have read and agree to these Terms; and (d) your use of the App complies with all applicable laws and regulations in your jurisdiction.
These Terms apply to all users of the App, including visitors, registered users, and subscribers.
Hatchly reserves the right to modify these Terms at any time. Changes become effective upon posting to the App or to hatchlyivf.com. Your continued use of the App following any modification constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
THE APP IS NOT A MEDICAL DEVICE, DOES NOT PROVIDE MEDICAL ADVICE, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. Hatchly is a personal tracking and informational companion tool designed solely to help users organize and record information related to their fertility treatment journey.
Nothing in the App — including but not limited to text, data displays, phase guidance, educational content, cycle summaries, lab tracking, medication logs, insights, notifications, or any other feature — constitutes medical advice, clinical guidance, diagnosis, prognosis, or treatment recommendation of any kind.
All content within the App is provided for informational and organizational purposes only. No content should be interpreted as a recommendation to take or avoid any particular medical action, medication, procedure, or treatment.
You acknowledge and agree that you will not make any medical decision, alter any prescribed treatment, discontinue any medication, or take any health-related action based solely or in part on information or content provided by the App. All medical decisions must be made in consultation with a licensed medical professional.
Hatchly LLC is not a healthcare provider, medical practice, licensed clinical entity, or covered entity under HIPAA. The App does not constitute a doctor-patient relationship, a therapist-patient relationship, or any other professional healthcare relationship between Hatchly LLC and any user.
By using the App, you expressly and irrevocably acknowledge that Hatchly LLC bears zero responsibility for any medical decision, treatment outcome, health consequence, physical injury, emotional harm, financial loss, or any other consequence arising from your use of, or reliance on, any content or feature within the App.
Age Requirement. The App is intended exclusively for users who are 18 years of age or older. By using the App, you represent and warrant that you are at least 18 years old. Hatchly LLC does not knowingly permit minors to create accounts or use the App. If we discover that a user is under 18, we will immediately terminate the account and delete all associated data.
Account Creation. You must create an account to use the App. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
Account Security. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to immediately notify Hatchly at [email protected] if you suspect any unauthorized access to your account.
One Account Per User. You may not create multiple accounts or share your account with others.
Subscription Plans. Access to full features of the App requires a paid subscription.
Pricing is subject to change. Hatchly will provide notice of any price changes before they take effect.
Free Trial. Hatchly may, at its discretion, offer a 7-day free trial to new subscribers. Free trials require a valid payment method on file at the time of enrollment. The free trial automatically converts to a paid subscription at the end of the 7-day period. You must cancel before the free trial period ends to avoid being charged.
Billing and Auto-Renewal. Subscriptions are billed in advance on a recurring basis. Your subscription will automatically renew at the end of each billing period at the then-current subscription rate unless you cancel before the renewal date.
Apple App Store Billing. All subscription purchases, billing, and payment processing are handled exclusively by Apple Inc. through the Apple App Store. Hatchly LLC does not directly collect or store payment card information.
Cancellation. You may cancel your subscription at any time through your Apple App Store subscription settings. Cancellation takes effect at the end of the current billing period.
No Refunds. ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Refund requests must be submitted directly to Apple and are subject to Apple's sole discretion.
You acknowledge that these Terms are between you and Hatchly LLC only, and not with Apple Inc. Apple is not responsible for the App or its content.
Your use of the App is also subject to the Apple Media Services Terms and Conditions and the Apple App Store End User License Agreement (the "Apple EULA"). In the event of any conflict between these Terms and the Apple EULA, the Apple EULA shall govern solely with respect to the subject matter of the conflict.
Apple has no obligation to provide any maintenance or support for the App and is not responsible for addressing any claims you may have relating to the App.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
Ownership. The App, including all software, code, algorithms, designs, interfaces, content, educational materials, text, graphics, trademarks, service marks, logos, and trade names, is the exclusive property of Hatchly LLC, protected by United States and international intellectual property laws.
Limited License. Subject to your compliance with these Terms and payment of applicable subscription fees, Hatchly LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App for your personal, non-commercial purposes only.
Restrictions. You may not: (a) copy, modify, or create derivative works of the App; (b) reverse engineer or decompile the App; (c) sublicense, sell, or commercially exploit the App; (d) remove any proprietary rights notices; (e) use automated tools or scrapers to extract data from the App.
User Content. You retain ownership of the personal data and content you input into the App. By entering data into the App, you grant Hatchly LLC a limited, non-exclusive license to store, process, and display your data solely for the purpose of providing the App's functionality to you.
You agree not to use the App for any unlawful, harmful, abusive, or unauthorized purpose. You expressly agree not to:
THE APP IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HATCHLY LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.
Hatchly LLC makes no warranty that: (a) the App will meet your requirements; (b) the App will be available, uninterrupted, timely, secure, or error-free; (c) any information provided will be accurate or complete; or (d) the App is free of viruses or other harmful components.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HATCHLY LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR EMOTIONAL DISTRESS.
HATCHLY LLC SHALL HAVE ABSOLUTELY NO LIABILITY FOR ANY MEDICAL DECISION, TREATMENT DECISION, CLINICAL OUTCOME, HEALTH CONSEQUENCE, OR ANY OTHER HEALTH-RELATED OUTCOME ARISING FROM YOUR USE OF OR RELIANCE ON THE APP.
HATCHLY LLC'S TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO HATCHLY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT; OR (B) FIFTY UNITED STATES DOLLARS ($50.00).
You agree to defend, indemnify, and hold harmless Hatchly LLC and its members, managers, officers, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the App; (c) any content or data you submit through the App; (d) your violation of any applicable law; (e) your violation of any third-party rights; or (f) any medical or health-related decision you make based on App content.
Hatchly's Rights. Hatchly LLC reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate your account and access to the App at any time, for any reason, with or without notice and without liability to you.
Your Right to Terminate. You may terminate your account at any time by contacting [email protected] or by deleting your account through the App settings. Termination does not entitle you to a refund of any prepaid subscription fees.
Effect of Termination. Upon termination, your license to use the App immediately ceases. Hatchly LLC will process deletion of your personal data as described in the Privacy Policy. Sections 2, 6, 7, 8, 9, 10, 12, 13, 14, and 15 shall survive termination.
Agreement to Arbitrate. PLEASE READ THIS SECTION CAREFULLY. YOU AND HATCHLY LLC AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, NOT IN COURT, EXCEPT AS SET FORTH BELOW.
Arbitration Rules. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at www.adr.org. The arbitration shall be conducted in Las Vegas, Nevada, or by telephone or video at either party's request.
Class Action Waiver. YOU AND HATCHLY LLC EACH 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.
Jury Trial Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH YOU AND HATCHLY LLC HEREBY IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Informal Resolution First. Before initiating arbitration, you agree to contact Hatchly LLC at [email protected] and provide a written description of the dispute. The parties will attempt to resolve the dispute informally for 30 days before proceeding to arbitration.
These Terms and all disputes arising out of or related to the App shall be governed by and construed in accordance with the laws of the State of Nevada, United States of America, without giving effect to any choice of law or conflict of law provisions.
To the extent any dispute is not subject to arbitration under Section 12, you consent to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada.
Hatchly LLC shall not be liable for any failure or delay in performance arising out of circumstances beyond its reasonable control, including but not limited to: acts of God; natural disasters; pandemic or epidemic; war; terrorism; government action; power failures; internet or telecommunications outages; cyberattacks; failure or disruption of third-party services including Firebase, Google Cloud, Apple infrastructure, or any other cloud service provider.
Entire Agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Hatchly LLC with respect to the App.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
No Waiver. Hatchly LLC's failure to enforce any provision of these Terms shall not be construed as a waiver of its right to enforce that provision in the future.
Assignment. You may not assign these Terms without Hatchly LLC's prior written consent. Hatchly LLC may assign these Terms without restriction.
Notices. All notices to Hatchly LLC shall be sent by email to