1. Introduction and Acceptance of Terms
Welcome to Yolkie ("Yolkie," "we," "us," or "our"). Yolkie is a mobile application designed to provide peer companionship, community connection, and medication/appointment tracking tools for individuals navigating fertility treatment, including in vitro fertilization (IVF), intrauterine insemination (IUI), ovulation induction, frozen embryo transfer (FET), and egg freezing.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Yolkie governing your access to and use of the Yolkie mobile application, website, and related services (collectively, the "App" or "Service").
BY CREATING AN ACCOUNT, ACCESSING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE APP.
Our collection, use, and handling of your personal and health information is described in our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully before using the App, as it explains what data we collect, how we use it, who we share it with, and the choices available to you.
2. Eligibility and Age Restrictions
2.1 Minimum Age
You must be at least 18 years old to create an account or use the App. The App is not directed at, and is not intended for use by, anyone under 18, given the sensitive and personal nature of the fertility and reproductive health information involved.
2.2 Capacity
By using the App, you represent and warrant that you are (a) at least 18 years of age, (b) legally capable of entering into a binding contract, and (c) not barred from using the App under the laws of the United States or any other applicable jurisdiction.
2.3 No Knowing Collection from Minors
We do not knowingly collect personal or health information from individuals under 18. If we become aware that we have collected such information, we will take steps to delete it promptly. If you believe a minor has created an account, please contact us at legal@yolkie.app.
3. Medical Disclaimer
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR HEALTH-RELATED DECISIONS.
3.1 Not Medical Advice
Yolkie is a peer-support, informational, and organizational tool. It is not a medical device, and it does not provide medical advice, diagnosis, or treatment. Nothing posted, displayed, transmitted, or made available through the App — including content shared by other users, community posts, comments, medication reminders, or any other feature — constitutes or should be relied upon as professional medical, psychological, or health advice.
3.2 Not a Substitute for Professional Care
The App is not a substitute for the advice, diagnosis, or treatment provided by a licensed physician, fertility specialist, nurse, mental health professional, or other qualified healthcare provider. You should always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition, medication protocol, or fertility treatment plan. Never disregard, delay, or discontinue professional medical advice, or delay seeking it, because of something you read, saw, or were told through the App.
3.3 Medication and Timing Features
The App may include tools intended to help you organize and remember medication schedules, appointments, and treatment-protocol timing (the "Reminder Features"). The Reminder Features are organizational aids only. They are not a clinical dosing system, and Yolkie does not verify, validate, or guarantee the accuracy, completeness, or timeliness of any reminder, notification, or schedule generated or displayed by the App. You are solely responsible for confirming all medication names, dosages, timing, and administration instructions directly with your treating physician, fertility clinic, or pharmacist.
3.4 User-Generated Health Content
Other users may share their own experiences, opinions, symptoms, or protocols. These posts reflect individual, personal experiences and are not vetted, endorsed, reviewed, or verified by Yolkie for medical accuracy. Do not make any changes to your medication, dosage, or treatment plan based on content posted by other users without first consulting your healthcare provider.
3.5 Emergencies
If you are experiencing a medical emergency, call 911 (or your local emergency number) immediately, or go to the nearest emergency room. Yolkie has no ability to monitor, respond to, or intervene in real time and assumes no responsibility for emergency situations.
3.6 No Provider Relationship
Use of the App does not create a physician-patient, therapist-client, or other healthcare provider relationship between you and Yolkie, its founders, employees, or contractors.
4. Description of the Service
The App allows Users to, among other things:
- Create a personal profile
- Log and track personal health information related to fertility treatment (e.g., medications, appointments, symptoms, cycle information)
- Set and receive medication and appointment reminders
- Create and share public or private posts, stories, and updates
- Interact with other Users through comments, reactions, and direct messages
- Participate in community spaces organized around shared treatment experiences
Yolkie reserves the right to modify, suspend, or discontinue any feature of the App, in whole or in part, at any time, with or without notice, and without liability to you.
5. Accounts and Registration
5.1 Accurate Information
You agree to provide accurate, current, and complete information when creating your account and to keep that information updated.
5.2 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at legal@yolkie.app if you suspect any unauthorized use of your account.
5.3 One Account Per Person
You may not create an account on behalf of someone else without their express permission, and you may not maintain more than one account, except as we may expressly permit.
5.4 Anonymity and Identity
You may have the option to use a display name that is not your legal name. You remain solely responsible for content you post and for protecting your own privacy in how you choose to present yourself in the community.
6. User-Generated Content and License Grant
6.1 Ownership
You retain all ownership rights in the personal health logs, posts, stories, comments, images, and other content you submit, post, or share through the App ("User Content"). Yolkie does not claim ownership of your User Content.
6.2 License to Yolkie
By posting or submitting User Content to any public or shared area of the App, you grant Yolkie a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, distribute, adapt, and otherwise use that User Content solely for the purposes of: (a) operating, providing, promoting, and improving the App; (b) displaying your content to other Users as intended by the feature you used to post it; and (c) complying with applicable law. This license continues for as long as your User Content remains on the App and terminates when you delete the content or your account, except to the extent your content has been shared by other Users, incorporated into aggregated/de-identified analytics, or retained as required by law or our Privacy Policy.
6.3 Private Content
Content you mark as private (e.g., personal health logs not shared with the community) is not licensed for public display and is used by us only as described in our Privacy Policy.
6.4 Your Representations
You represent and warrant that: (a) you own or have the necessary rights to the User Content you post; (b) your User Content does not infringe or violate the rights of any third party; and (c) your User Content complies with these Terms and applicable law.
6.5 Feedback
If you provide us with suggestions, ideas, or feedback about the App, you agree we may use that feedback without restriction or compensation to you.
7. Acceptable Use and Community Guidelines
Yolkie is a space built on trust, empathy, and safety for people navigating an emotionally and physically difficult experience. All Users agree to the following rules. Violations may result in content removal, warnings, suspension, or permanent termination of your account.
You agree NOT to:
- Spread medical misinformation or post false, misleading, or unverified medical claims
- Impersonate a healthcare professional
- Harass, bully, threaten, or engage in hate speech or discriminatory remarks
- Share another person's private health information or identifying details without consent
- Use the App to sell products or services, solicit donations, or advertise without prior written consent
- Post obscene, sexually explicit, violent content or content promoting self-harm
- Create fake accounts, misrepresent your identity, or manipulate App features
- Infringe any copyright, trademark, or other proprietary right
- Attempt unauthorized access to the App, other Users' accounts, or Yolkie's systems
- Advise another User to change, skip, stop, or alter a prescribed medication or treatment protocol
Users may report content or behavior that violates these Guidelines through the in-app reporting tools.
8. Account Suspension and Termination
We reserve the right, in our sole discretion and without prior notice, to remove content, and to warn, suspend, restrict, or permanently terminate your account if we believe you have violated these Terms.
You may delete your account at any time through the App's account settings or by contacting us at privacy@yolkie.app.
Upon termination of your account for any reason, your right to access and use the App immediately ceases. Sections of these Terms that by their nature should survive termination will survive.
9. Intellectual Property
The App, including its design, features, graphics, mascot and brand assets, text, software, and underlying technology (excluding User Content), is owned by Yolkie and is protected by U.S. and international intellectual property laws. "Yolkie" and associated logos and marks are trademarks of Yolkie. You may not use them without our prior written permission.
10. Disclaimers of Warranties
THE APP AND ALL CONTENT, FEATURES, AND FUNCTIONALITY MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
WE DO NOT WARRANT THAT (A) THE APP WILL MEET YOUR REQUIREMENTS OR OPERATE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY REMINDER, NOTIFICATION, OR TRACKING FEATURE WILL BE ACCURATE OR DELIVERED ON TIME; OR (C) ANY INFORMATION OBTAINED THROUGH THE APP WILL BE ACCURATE, COMPLETE, OR RELIABLE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOLKIE, ITS FOUNDERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.
YOLKIE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID YOLKIE, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.
12. Indemnification
You agree to defend, indemnify, and hold harmless Yolkie and its founders, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of or access to the App; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third party's rights.
13. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or related to them or the App will be governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-laws principles.
Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single, neutral arbitrator. The arbitrator's decision will be final and binding.
Any claim arising out of or related to these Terms or the App must be filed within one (1) year after the claim arose, or it will be permanently barred, to the extent permitted by applicable law.
14. Modifications to the Terms
We may revise these Terms from time to time. If we make material changes, we will provide notice through the App or by other reasonable means before the changes take effect. Your continued use of the App after the effective date of the revised Terms constitutes your acceptance of the changes.
15. Third-Party Links and Services
The App may contain links to third-party websites, clinics, or services that are not owned or controlled by Yolkie. We are not responsible for the content, privacy practices, or terms of any third-party sites or services.
16. Privacy
Your privacy matters to us, especially given the sensitivity of fertility and health information. Please review our Privacy Policy, which describes what personal and health data we collect, how we use and protect it, who we share it with, and the rights and choices available to you regarding your data.
17. General Provisions
These Terms, together with the Privacy Policy and any other legal notices published by Yolkie on the App, constitute the entire agreement between you and Yolkie regarding the App. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right or provision will not be considered a waiver of those rights.
Contact Us
If you have questions about these Terms, please contact us at:
Yolkie
FertilityGodSis, LLC
legal@yolkie.app