Terms of service

Last Modified: April 9, 2021

Acceptance of the Terms of Use

These terms and conditions are entered into by and between you and Orchyd, LLC, a California limited liability company ("Company," "we," or "us"), together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), and govern your access to and use of the Company’s mobile application (the "App") and/or website (the "Platform"), including content, functionality, and any other products or services offered on or through the Platform (collectively, "Products"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://orchyd.com/pages/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform. To the extent there is an inconsistency between these Terms of Use and the Privacy Policy, these Terms of Use will take precedence.

1. Eligibility; Changes to Terms
1. Eligibility. The Platform is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
2. Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform. 

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page upon use of the Platform so you are aware of any changes, as they are binding on you. 

1. Use of Platform; Platform Content; User Responsibilities
1. Accessing the Platform and Account Security.  We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Platform.
• Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy (https://orchyd.com/pages/privacy-policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you are under the age of 18, or the age of majority in your jurisdiction, you may use the Platform only if you can form a binding contract with Orchyd, and only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

1. Information About You and Your Visits to the Platform.  All information we collect on this Platform is subject to our Privacy Policy (https://orchyd.com/pages/privacy-policy). By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
2. Authorized Use and Prohibited Uses.  You are solely responsible for all information entered or uploaded into the Platform by you. You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

• In 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). 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.

Additionally, you agree not to:

• Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
• Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Platform.
• Introduce 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 Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform. 
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform.

1. User Contributions.  The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings. 

You represent and warrant that: 

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform. 

1. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform. 
• Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

1. Content Standards.  These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (https://orchyd.com/pages/privacy-policy).
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

1. No Reliance on Information Posted; NO MEDICAL ADVICE GIVEN.

The information presented on or through the Platform is made available solely for general information purposes. 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 materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

The Company is not a medical provider or a pharmacy, and does not provide medical services or products of any kind, including, but not limited to, products or services designed or intended to provide any medical diagnoses, advice or treatment. The contents of the Platform, including materials and programs created by the Company and material obtained from governmental or other third party sources (collectively, “Content”), are for informational purposes only and are not intended to be medical advice or instructions for medical diagnosis or treatment. Although certain aspects of the Platform may permit you, if you desire, to register through the Platform with certain third-party service providers (e.g., an OB/GYN provider) to obtain prescriptions or medical consultation, no physician-patient relationship between you and the Company is, or is intended to be, created by any of the Content or access provided by the Company, and the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with respect to any questions regarding a medical condition. 

The Content is not, and is not intended to be, a substitute for professional medical advice, examination, diagnosis, or treatment. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on the Content. You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment. The Content should not be used to diagnose, treat, cure, or prevent any disease or condition; instead, all such conduct should be done with the supervision of a doctor or qualified healthcare provider. The Company does not recommend or endorse any tests, physicians, products, procedures, opinions, or other information, and provision of potential access to any of the above does not constitute recommendation or endorsement. The Content is not regulated by the Food and Drug Administration or any state or national medical board. The App and smart case are intended to be used only as an assistive device for you and should not be  relied upon for any medical purpose. The Company does not claim to prevent unplanned pregnancy. If you think you may have a medical emergency, call your doctor or your local emergency number immediately. The Company is not a source of treatment or advice in the event of any medical emergency or other medical condition.

1. Changes to the Platform.  We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. 
2. Linking to the Platform and Social Media Features.  You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

This Platform may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Platform.
• Send emails or other communications with certain content, or links to certain content, on this Platform.
• Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Platform other than the homepage.
• Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

1. Links from the Platform.  If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
2. Third-Party Services, Sites and Content

Use of third-party services is solely at your own risk. Certain aspects of our Platform may permit you, if you desire, to register with certain third-party service providers (e.g., access to an OB/GYN provider for consultation and services if you wish to utilize same) to obtain prescriptions or medical consultation. In order to register for such a third-party service, you are required to take certain voluntary, affirmative steps. While we may help facilitate such registration, we are not a party to any such relationships, have no control over, and do not endorse, such third-party providers, and disclaim any responsibility or liability for the performance of such third parties. We may, with your prior authorization, allow you to exchange or provide information with or to such third-party service in order to facilitate the provision of that third-party service. Where such information consists of personal information, it will only be shared by you directly with such third-party service provider in accordance with the Privacy Policy. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or service available through any such third-party service. The listing of any such third-party service does not constitute any endorsement or recommendation of same, and it is your responsibility to conduct any such investigation and analysis of such third-party service as is necessary for you to confirm that such third-party service is appropriate to provide the services you may desire. Any dealings you have with third parties found while using the Platform are between you and the third-party provider, and you agree that the Company is not liable for any loss or claim that you may have against any such third party. If you obtain a prescription, you agree that it is up to you to verify that you have received the intended prescription, review all accompanying labels, instructions and information, and contact the pharmacy with any questions or concerns regarding your prescriptions. 

Our Platform may contain links to independent third-party websites or other content of third parties (together “Third-Party Content”). The Company provides this Third Party Content solely for your convenience and for informational purposes, and does not control or endorse any of them. Orchyd cannot be responsible for the content, security, or privacy policies of Third Party Content. 

1. Terms of Sale

Membership.  The Company sells its Orchyd Wallet or case (collectively, “Case”), and other Products to end-user customers, including customers who subscribe to a recurring membership plan (“Members”), who also receive a suite of services provided via the App and replacement parts for the Case via that subscription (the “Membership”). The Products are solely for a Member’s own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.

Placing an Order.  To place an order for Product(s) and/or Membership, you will need to register for an account with the Company. You will also need to provide some personal information for registration (see the Company Privacy Policy for details on how we use your information). Once you have registered, you will be able to order Products and Membership from the Company. You submit your order by clicking on the “Order Now” button (please note that your Membership will be a recurring subscription as set out in these Terms of Use). You should check your order and the information provided about your Membership carefully before you submit your order. Once you have submitted your order, the Company will send you an email to acknowledge and summarize your order. This does not mean that the Company has accepted your order.

The Company will contact you if your order is not accepted. This will usually be because (a) Products you have ordered are unavailable; or (b) the Company cannot authorize your payment. The Company’s acceptance of your order will take place only when the Company has received payment from you and shipped your initial Products and/or initiated your Membership.

If any problems arise with your order, or with the shipping address or Payment Method (as defined below) associated with your Membership, and the Company is unable to resolve the problem, the Company may notify you via email using the email address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that the Company cannot resolve, your order may be cancelled and the Company may not be able to deliver future Products until the problem has been resolved.

Products and Product Pricing.  Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on the website at .www.orchyd.com We reserve the right, in our sole and absolute discretion, to change prices for Products and Memberships, at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases.  If you do not wish to continue to receive the relevant Product(s) at the increased price, then you must permanently remove the Product(s) from your order or cancel your Membership in accordance with Section 4.2 below. You must do this at least one working day before the first date we ship Products to you after the price change takes effect. Unless you permanently remove the relevant Product(s) or cancel your Membership, you will be charged the increased price for the Product(s) for all deliveries of the Product(s) after the date on which the price change takes effect.

Memberships and Promotions.  Your Membership will begin upon your subscription for an annual membership to the Platform and Products provided. The Company will bill your credit, debit, or other Company-accepted payment method (“Payment Method”) for the monthly or annual subscription fee, depending on the frequency you select to pay for the Membership, and for any Products purchased from the Company.

To view the specific details of your Membership, visit the Website and visit the homepage. We may authorize your Payment Method through various methods, including authorizing it to cover your Membership as soon as you register for such Membership. 

The Company reserves the right, in its absolute discretion, to withdraw or modify any Product, Membership, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Memberships, offers, or promotions advertised on the Platform are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

Processing Orders.  If any problems arise with your order, or with the shipping address or Payment Method associated with your Membership, and the Company is unable to resolve the problem, we may notify you via e-mail using the address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and the Company may not be able to process future orders until the problem has been resolved.

Returns.  If you discovery any defect with one of the Company’s Products, you may be eligible for a remedy as set forth at https://orchyd.com/pages/warrrantyandreturns. Please review those terms carefully to see if you qualify for possible replacement or repair of Product. 

Membership Terms and Cancellation Policy

Recurring Membership; Automatic Renewal

YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.

When you sign up for a Membership, you will have the opportunity to choose (a) the Products, if any, you wish to purchase; and (b) the frequency of each delivery/payment under your Membership, from the options provided at the time you sign up. The “Petal” for your Case allowing for Bluetooth connectivity shall be replaced on an annual basis, with the first such replacement being done free of charge by Orchyd, and each successive replacement being done with a charge to you of the current replacement cost for same, which shall be charged to your Payment Method. 

The Company will automatically renew your Membership on an annual basis, and will charge your Payment Method depending on the Membership payment frequency chosen by you, unless we or you cancel your Membership in accordance with these Terms of Use. You authorize this renewal by agreeing to the automatic renewal of your Membership and these Terms of Use during the Member sign-up process.

Your Payment Method will be charged at least one full business day prior to the shipping date of any Product or replacement item being shipped to you, plus any shipping and handling costs and sales or similar taxes that may be charged with the shipment and sale of Product and replacement items. 

To avoid being charged, you must cancel your Membership in accordance with Section 4.2. The Company will continue to bill your Payment Method on a recurring basis (depending on the Membership payment frequency selected) until you cancel.

Membership Cancellation or Modifications

Cancellation by the Company

The Company may cancel your Membership at any time if you do not make any payment to us when it is due and you still do not make payment within sixty (60) days of us reminding you that payment is due. We reserve the right to not ship any Product or any replacement item pursuant to your Membership unless your payment for the Product or the Membership has cleared.

The Company may also cancel your Membership at any time if any of the following conditions are met: (a) if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s), for example, your shipping address; (b) if you do not, within a reasonable time, allow us to deliver the Product(s) to you; (c) if we suspect that a purchase was fraudulently made or a Membership was fraudulently set up; or (d) if you otherwise violate these Terms of Use in a manner which the Company, in its sole discretion, deems justifies cancellation of Membership.

Cancellation or Modification by You

You may cancel your Membership at any time by logging into the Website. Then, click the “Log In” link on the page, and then click “Cancel’’ where indicated. You must submit your cancellation request at least one full business day prior to your Membership payment date to avoid being charged for a scheduled Membership payment. It may take up to ten (10) business days to process cancellation requests submitted through other channels that the Company makes available, such as by email. You may be charged for your next Membership payment if your cancellation request is not received in time for processing before your next Membership payment date. If you have any questions or issues, please email us at support@orchyd.com.

If you cancel or modify your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term for which you have paid.

1. Intellectual Property Matters 
1. App Stores.  You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App license (the “App Store”). You acknowledge that these Terms of Use are between you and the Company and not with the App Store. The Company, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the Platform, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce them. 
2. Intellectual Property Rights.  The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. 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 Platform, 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.
• You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features (www.orchyd.com and clicking on the appropriate social media channel icon at the footer of the homepage) with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. 

If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: support@orchyd.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform 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 Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

1. Trademarks.  The Company name, the terms “Orchyd”, “Orchyd Wallet”, Orchyd Case”, “Orchyd Petal”, “Orchyd App”, “Go With The Flow”, “Safe Flow”, “OB/GYN Now”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other third-party names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

1. Geographic Restrictions.  The owner of the Platform is based in the State of California in the United States. We provide this Platform for use only by persons located in the United States and its territories and possessions. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
2. Disclaimer of Warranties.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE PLATFORM, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE PLATFORM, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

INFORMATION REGARDING THE LIMITED WARRANTY FOR THE COMPANY’S PRODUCTS CAN BE FOUND AT https://orchyd.com/pages/warrrantyandreturns. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. Limitation on Liability.  TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PRODUCTS, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. Indemnification.  You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.
2. Governing Law; Dispute Resolution.  All matters relating to the Platform, the Products and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any and all disputes arising from or relating to the Platform, the Products (including, but not limited to, the Limited Warranty for Products), the Terms of Use or the Privacy Policy (collectively, “Dispute”) shall be brought exclusively in a state or federal court in the city of San Diego, California. You agree to such sole and exclusive jurisdiction and venue for any Dispute, and agree to waive any objection, challenge, motion or other proceeding to change the jurisdiction or venue for any Dispute from the city of San Diego, California. 

1. Waiver and Severability.  No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

1. Copyright Policy – Notice and Takedown Procedures for Copyright Infringement Claims.  

If you believe any Content, including any User Contribution, infringes your copyright, you should notify the Company of your infringement claim in accordance with the procedures below:

- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;

- Identification of the Content that you believe to be infringing and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content;

- Your name, address, telephone number, and (if available) email address;

- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;

- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and

- A signature or the electronic equivalent from the copyright holder or authorized representative.

We will process each notice of alleged infringement that the Company receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to the Company’s copyright agent at legal@orchyd.com (subject line: “DMCA Takedown Request”). You may also contact us by mail or at:

Attention: Copyright Agent Orchyd, LLC 8310 Jupiter Creek Lane, San Diego, California, 92121.

In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of users of the Platform who are repeat infringers.

1. Entire Agreement.  The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Platform and your purchase of Product(s) and Membership, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform. 
2. Your Comments and Concerns.  This website is operated by Orchyd, LLC. All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@orchyd.com.