Updated and revised, effective May 25, 2018
If you are using a branded version of the app, you acknowledge that while we may have branded ‘iBirth’ with the name of our licensee of the application, being a participating practitioner, practice group, hospital or health system (the ‘Health System’), the use and operation of the ‘iBirth’ application is controlled solely by LULA B LLC and not the Health System. Accordingly, you agree to look solely to LULA B LLC and not the Health System with respect to your technological use of ‘iBirth’, its operation and LULA B LLC’s obligations, including data security, under these terms and conditions of such use.
Disclaimer About Medical Content
The information and reference materials contained in ‘iBirth’ are intended solely for the general information of the user. It is not to be used for treatment purposes, but rather for discussion with the user’s own physician or health care provider. The information presented here is not intended to diagnose health problems or to take the place of professional medical care. The information contained herein is neither intended to dictate what constitutes reasonable, appropriate or best care for any given health issue, nor is it intended to be used as a substitute for the independent judgment of a physician for any given health issue. The major limitation of informational resources like ‘iBirth’ is the inability to take into account the unique circumstances that define the health issues of the patient. If you have persistent general health problems or if you have specific questions, please consult your health care provider. All ‘iBirth’ users and users of the ‘iBirth’ web site agree to read and abide by the complete terms of this agreement. Informational content or suggestions contained in ‘iBirth’ do not necessarily represent the opinions of ‘LULA B LLC.’
Commitment to Data Security
Your personally identifiable information will be stored on our secure servers. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All communication or emails from LULA B LLC allow you to opt out of further contact.
User Generated Content
‘iBirth’ includes features that allow you to share your personally-entered data in our trackers, e.g. to your health care provider. Please be aware that when you voluntarily disclose personal information online, that information becomes public and can be collected and used by others. The uploading, emailing, or otherwise making available any information contained in ‘iBirth’ to a third party is the sole responsibility of you. By using this application, you hereby acknowledge that you understand and accept the risk that any information you enter into the application may become available to third parties and that you indemnify and hold harmless LULA B LLC from any claim or demand related to that risk.
Disclaimer About Using Tools
Use of ‘iBirth’ and/or its ‘Tools’ is under the discretion of the user and does not replace formal advice from a doctor or health care provider. The user assumes all risk associated with using the tools. No liability will be assumed by the developers. Users must agree to the stated terms and conditions to utilize the tools.
Disclaimer About Liability
The user assumes all responsibility and risk for the use of the ‘iBirth’ application or the ‘iBirth website’. Under no circumstances shall ‘iBirth’, ‘LULA B LLC’ or its contributors/employees or anyone else involved in creating or maintaining the ‘iBirth’ application be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST PROFITS that result directly or indirectly to you or your pregnancy from the use or inability to use the application or its associated web site and/or any other web sites which are linked to site – or that result directly or indirectly from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized uses. Informational content or suggestions contained in ‘iBirth’ do no necessarily represent the opinions of ‘LULA B LLC’.
Copyright and Trademark Notices
All content such as but not limited to text, images, and models contained in the ‘iBirth’ health information software and/or the associated website are property of ‘LULA B LLC’. Copyright LULA B LLC. All rights reserved. No duplication or reproduction of content is permitted without express written authorization from LULA B LLC. Any rights not expressly granted herein are reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Disclaimer of Warranties
LULA B LLC does not warrant that the ‘iBirth’ health information application software is error free; nor does LULA B LLC make any warranty as to the results to be obtained from use of the software or content. The software and content are distributed on an “as is” basis. LULA B LLC and their respective agents do not make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the software or content.
You expressly agree that the entire risk as to the quality and performance of the products and the accuracy or completeness of the content is assumed solely by you the user. LULA B LLC shall not be liable for any direct, indirect, incidental, special or consequential damages to you or your developing baby arising out of the use of or inability to use the software, even if such party has been advised of the possibility of such damages.
Some cookies, known as “session cookies”, will stay on your device only for as long as you are accessing our Service(s). Others, known as “persistent cookies”, are stored on your device for longer periods.
‘iBirth’ has links that reference you to other information and websites on the internet. By clicking on those links, you recognize that those websites are independent of ‘iBirth’ app, and contain their own privacy and security policies and limitations.
Use of Other Technologies: We may allow others to provide analytics services and serve advertisements on our behalf. In addition to the uses of cookies described above, these entities may use other methods, such as the technologies described below, to collect information about your use of our Service(s) and other websites and online services.
Pixels Tags: Pixel tags (which are also called clear GIFs, web beacons, or pixels), are small pieces of code that can be embedded on websites and emails. Pixels tags may be used to learn how you interact with our site pages and emails, and this information helps us and our partners provide you with a more tailored experience.
Device Identifiers: A device identifier is a unique label can be used to identify a mobile device. We use device identifiers to provide you with Push Notifications to your device, with weekly information based on your stage in pregnancy or postpartum, and other periodic information from ‘iBirth’.
Local Storage: Local storage is an industry-standard technology that enables the storage and retrieval of data on a computer, mobile phone or other device. Local storage may be used to store member preferences on devices. This storage will be cleared upon deletion of the ‘iBirth’ app from the device.
For Users Outside of the United States
LULA B LLC is headquartered in the Unites States and has affiliates and service providers in other countries. Your information, including personal information that we collect from you, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in your jurisdiction. We will take all reasonable steps to ensure that your data is treated securely and in accordance with this Policy.
Your Rights under the GDPR
European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:
- Opt-out of direct marketing communications
- Access information about our processing of your personal information, and give you access to that personal information
- Correct inaccuracies or update your personal information
- Delete your personal information
- Transfer a machine-readable copy of your personal information to you or a third party of your choice
- Restrict the processing of your personal information
- Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights
If you are a citizen of the EU, or currently residing in the EU, you can initiate a Data Subject Request by email to firstname.lastname@example.org. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.
By clicking through on this agreement and using ‘iBirth’, you will have given LULA B LLC explicit consent to collect, use and move your personal data as it relates to the functionality of the software program. Be assured that LULA B LLC only holds and processes data that is absolutely necessary for the system to function in a meaningful way. Should you wish to withdraw consent for iBirth to collect, use and move your personal data, please initiate a Data Subject Request by email to email@example.com.
Choosing Not to Share Your Personal Information
Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Services to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with the Services and may need to close your account. We will tell you what information you must provide to receive the Services by designating it as required in the Services or through other appropriate means.
Uninstalling Our Applications
You can stop all collection of information by the Application(s) by uninstalling the Application(s). You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Data Breach Notifications
In the event that our database is breached, we will notify users, as well as authorities, within 72 hours of becoming aware of the leak.
LULA B LLC
PO Box 4082
Boulder, CO 80306