Last Updated: June 28, 2022
Please note, the Services cannot and do not contain medical advice. Any medical-related information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind medical advice. The use or reliance of any information contained on this Site is solely at your own risk.Welcome to the Vydl Health Inc (“we,” “us,” or “our”) website, https://vydl.com (our “Site”) or mobile application (our “App”). We are a provider of online and app-based self-care services that allow users (“Users”) who are seeking to optimize their intimate health to connect with and receive products, services and advice from our Site, App, and intimate health professionals (“Practitioners”). We provide access to our Site and App to allow Users to connect with Practitioners, have their intimate health progress monitored and tracked by Practitioners, purchase our products, subscribe to our newsletter, send us messages, and otherwise access or use the various content, features, or other services offered by us through the Site or App (collectively, the “Services”). Further included within the scope of the Services is our providing access to our Site and App to allow Practitioners to connect with Users, monitor and track the intimate health progress of the User to whom they are assigned, purchase our products, subscribe to our newsletter, and send us messages. The services provided by Practitioners to Users fall outside of the scope of this agreement and are subject to separate agreements to which Vydl Health is not a party. Although we may assist in facilitating the connection between Users and Practitioners, we will not participate in or direct the provision of any product or service, which shall be at the sole discretion of and the sole responsibility and liability of Users and Practitioners.
- Account Registration
You must always provide accurate, current, and complete information to Vydl Health Inc. for its Services. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Services through your Account will be deemed as being used by you. We are entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
Any account you set up is subject to these Terms. These Terms will be updated periodically, and the latest version can be found here. Your continued use of the software after the posting of revised Terms of Service constitutes acceptance of the revised terms.
Product and Subscription Purchases: We offer products and services for purchase through our website (“Site Purchases”) and app (“App purchases”). These purchases may be made through Vydl direct billing, the Apple App Store, the Google Play Store, or other payment platforms authorized through Vydl (“Payment Method”). If you choose to make either a Site Purchase or App Purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your respective Payment Method will be charged for the purchase for the price displayed to you for the goods and/or services you have selected as well as any sales taxes or any other applicable charges or taxes that may be imposed on your payment, and you authorized Vydl or, if applicable, authorized third parties to charge you.
Subscription plans are available for applicable goods and services. If you purchase an auto-recurring subscription, your Payment Method will continue to be billed for the respective subscription period until you cancel. Pricing for our subscription plans may be updated periodically. See our Site or App for the most current subscription plans and pricing.
- Services Generally
We reserve the right to withdraw or amend the Services and products we provide through the Services, in our sole discretion and without notice. We will not be liable if, for any reason, all, or any part of the Services or any of the products are unavailable at any time or for any period. From time to time, we may restrict access to some parts of or to the entire Services.
Outdated Information: We may update the content of the Services from time to time, and the content may not necessarily be complete or up to date. Any of the products on the Services may be out of date at any given time, including, but not limited to, any pricing, and we are under no obligation to update such material.
Reliance on Information Posted: The information presented on or through the Services, including through our online newsletter and online and app-based catalog, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information including, but not limited to, information related to pricing. 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 materials by you or any other visitor to or user of the Services, or by anyone who may be informed of any of the contents of the Services.
- Minors Under 18 Years of Age
- Prohibited Conduct
- Any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- To impersonate or attempt to impersonate us, one of our employees, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- Submitting to Services or to us any information that may be protected from disclosure by applicable law;
- Any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- If applicable, avoiding payment of charges or fees payable by you with respect to the Services;
- Collecting, automated or non-automated scraping, or harvesting any information relating to an identified or identifiable individual, including names and information about users of the Services;
- Bypassing the measures, we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
- Accessing the Services to monitor its availability, performance or functionality;
- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
- Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, applications/accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of our internet protocol space;
- Using any automated system, including, without limitation, “robots,” “bot,” “spiders,” “offline readers,” or other automatic device, process, or means to access the Services for any purpose or to access the Services in a manner that sends more request messages to us than a human can reasonably produce in the same period of time by using a conventional web browser;
- Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
- Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the servers used by the Services or any data not intended for you; or
- Otherwise attempting to interfere with the proper working of the Services.
- Intellectual Property
Allowable Uses: You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services or as provided as part of our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
Prohibited Actions: You must not:
- Modify copies of any materials from the Services.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks. Our name, trademarks, service marks, logos, designs, and slogans are trademarks of ours or our affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. You may not use such marks without our, or the respective owner’s, prior written permission.
- Links from the Services
- Disclaimer of Warranties and Liability
Disclaimer of Warranties: YOUR USE OF THE SERVICES, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability: WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON OR COMPANY MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF THE SERVICES) ARISING OUT OF OR IN RELATION TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE SERVICES, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SERVICES, THE USE OF THE SERVICES, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICES, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR PARENT, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE SERVICES, OR ANY PROGRAM IS TO STOP USING THE SERVICES AND WITHDRAW FROM ANY PROGRAM IN WHICH YOU ARE ENROLLED. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR PARENT, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY US OR ANY OTHER PERSON OR COMPANY REGARDING COMMUNICATION OR CONTENT ON THE SERVICES. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OUR PARENT, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE OR ONE HUNDRED DOLLARS (USD $100.00).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Cooperation with Law Enforcement and Government Agencies; Required Disclosures
You understand and agree that we may disclose your Personal Information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent, at your expense), or if we believe that such action is necessary to (i) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (ii) to enforce these Terms, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Services; or, (iii) to exercise or protect the rights, property, or the safety of us, our users, or others.
- Dispute Resolution
Attn: Legal Department, Vydl Health Inc
One Boston Place, Suite 2600,
Boston, MA – 02108
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.
The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
Exceptions to Agreement to Arbitrate. You and we agree that we may bypass arbitration and go to court to resolve disputes relating to your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights, or patents).
- Class Action Waiver.
- Waiver of Jury Trial.
- Governing Law, Choice of Venue, and Jurisdiction.
Our notices to you via email, regular mail, account notices, posts, or links on the Services shall constitute acceptable notice to you under these Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- General Provisions
Assignment: You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.
- Changes to the Terms
- Contact Us
Attn: Legal Department, Vydl Health Inc
One Boston Place, Suite 2600
Boston, MA - 02108