About Femasys
Privacy Policy and Terms of Use
Version No. 1 Last Updated: March 2021

This Privacy Policy, together with the Terms of Use (“Privacy & Terms”) and other published guidelines, governs any interaction with our website at www.femasys.com (the “Site”), including how Femasys Inc. (“Femasys” or “we” or “us”) collects, uses, discloses, transfers or stores personal information that you may provide to us through the Site, including email communications. As used on this web site, “Femasys,” “and “the Company” refer to Femasys Inc., a Delaware corporation. The Privacy & Terms shall constitute the entire agreement between you and Femasys regarding your use of and access to the Site and shall supersede any and all prior terms of use or agreements between you and Femasys relating to the use of the Site.

We reserve the right to change or modify this Privacy & Terms at our sole discretion at any time without prior notice to the users of the Site and your continued use of the Site following the posting of such changes shall mean that you have accepted those changes. When we change the content of this Privacy Policy and/ or Terms of Use in a material way, a notice will be posted on our Site along with the updated Privacy & Terms.

Third Party Sites

This Site may contain hyperlinks to certain third-party websites. Femasys is not responsible for the policies, practices, or the content of these other websites and any hyperlinks are provided solely as a convenience to you. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites. The content of linked websites is not part of this Site. We do not review or control the content of third-party sites. We expressly disclaim any responsibility for the content of any third-party sites linked to this Site. Customers and visitors who access a linked website may be disclosing their private information. We encourage you to review the privacy policies of any third-party websites before providing personal information to these websites. We urge you to use discretion when you access any third-party websites linked to our Site.

Please take a moment to get acquainted with our policies and let us know if you have any questions. If you have questions about this Privacy & Terms, please contact us at info@femasys.com.

PRIVACY POLICY

You are not required to register with Femasys or provide any personal information in order to browse the Site and learn more about Femasys and our company, products and research through the Site. However, you may provide information to us through our Site, such as by registering to receive our newsletter or updates. This Privacy Policy applies to information that we may collect from you through the Site.

By using the Site or providing any personal information to Femasys through the Site, you consent to the terms set forth in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please discontinue your use of this Site and do not provide any personal information to us through the Site.

Collection and Use of Personal Information

Femasys collects two types of personal information about users: “personal information” (which may include name, postal address, telephone number, e-mail address and other data) and “aggregate Information” (such as non-identifying and aggregate usage and volume statistical information from visitors to the Site and other information regarding user activities on the Site).

Femasys collects personal information in order to communicate with you and to provide the information or other services that you have requested. For example, if you register to receive our email updates or newsletters, we will use your personal information in order to fulfill such requests and deliver such updates or newsletters. Collecting information also enables Femasys to focus on categories of greatest interest to our visitors. Furthermore, Femasys may also collect and log certain information to help diagnose technical problems, administer and improve the quality of the Site, analyze trends, track user movement around the Site and gather demographic information about the Femasys Site’s user base.

Except as explicitly stated at the time we request information, or as provided for in this Privacy Policy or our Terms of Use, Femasys does not disclose personal information collected on its Site to any third parties.

Disclosures to Third Parties

Femasys uses the personal information provided on or through its Site in accordance with good commercial practices and applicable law. Femasys does not share, sell or trade your personal information with third parties for marketing or promotional purposes. However, Femasys may make your personal information available to its strategic partners directly involved in the operation, performance, support and/or maintenance of the Site or fulfilling your request or registration. For example, these companies may help Femasys process information, deliver updates, newsletters or other products to you, manage and enhance our user data, provide customer service, assess your interest in our company, products or services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with Femasys’ policies and are permitted to use the personal information only to provide Femasys with specific services, and not for any other purposes.

Femasys may also disclose personal information as required by law, to comply with requests of law enforcement or other government authorities or where Femasys believes it is necessary or appropriate to protect the safety, rights or property of Femasys, its employees or others.

Cookies

Femasys strives to make the use of our Site an easy and meaningful experience for you. Upon logging on to our Site, our Web server sends a cookie to your computer. Cookies are files that Web browsers place on a computer’s hard drive and we use them solely for the purpose of keeping records, and to save your preferences for the next time you visit the Site. In no way can they profile your computer system or gather information, personally identifiable or otherwise, from your hard drive.

Cookies come in two types: session and permanent cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Permanent cookies remain on your computer after you have closed your browser or turned off your computer. They include such information as a unique identifier for your browser. Should you have any concerns about our use of cookies, the ‘Help’ button on your Web browser will usually provide you with a means of disabling them. Users who disable their Web browsers’ ability to accept cookies will be able to browse our Site but may not be able to fully enjoy or access all the features of the Site.

Security

Femasys maintains commercially reasonable safeguards, including administrative, technical, and physical measures to ensure the security, integrity and privacy of your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. Notwithstanding the foregoing, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Femasys to intercept or access transmissions or private communications unlawfully.

Correcting or Updating Information

Femasys wants all visitor and customer information to be accurate and complete; each party may update or change their information by emailing Femasys at info@femasys.com.

Company-wide Commitment to Privacy

Femasys takes protecting your privacy very seriously. To ensure that your personal information is secure, we communicate these guidelines to Femasys employees and enforce privacy safeguards within the company.

Children

Since the Site is not specifically designed for children, Femasys does not intentionally collect personal information from children under the age of 13. If Femasys discovers that personal information has been inadvertently collected from a person under the age of 13, the information will be deleted as soon as possible.

Online Privacy Policy Only

This online Privacy Policy applies only to information collected through the Site and not to information collected offline.

Sale of Femasys Assets

In the event that all or part of Femasys is acquired by or merged with a third-party entity, your personal information may be included in the assets of Femasys. You agree that we may transfer or assign the information we have collected from you as part of any such merger, acquisition, or other change of control. In the event of our bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, you understand and agree that Femasys may not be able to control how your personal information is treated, transferred or used.

International Users

If you are accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which is governed by U.S. law and this Privacy Policy, you are transferring your personal information to the United States and you consent to that transfer and use as set forth in this Privacy Policy and our Terms of Use.

TERMS OF USE

PLEASE READ THESE “TERMS OF USE” CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

Acceptance of Contract Terms

The following are terms of a legal agreement between you and Femasys. By accessing, browsing and/or using this Site , you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site.

Use Restrictions

The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in all material provided on this Site is held by Femasys or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Femasys or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only and subject to the conditions that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination of the permission granted hereby, you will immediately destroy any downloaded and printed materials. You also may not, without Femasys’ permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks

The Femasys name and logo and any other trademarks, service marks or product or service names, marks or logos (the “Trademarks”) are the trademarks of Femasys Inc. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of Femasys. Neither the name of Femasys Inc. nor the Femasys logo may be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. Femasys prohibits use of the Femasys logo as a “hot” link to any Femasys site unless establishment of such a link is approved in advance by Femasys in writing.

Disclaimers

Femasys does not intend for you to consider any of the information contained or referenced in this Site to be a solicitation or promotion for any product or service or as medical advice for the treatment of any illness or disease, and you should not use it for these purposes. Patients should consult with their treating physicians if medical advice is needed. Developments in medical research may impact the information that appears on the Site. No assurances are provided that the information contained on the Site will always be accurate or complete or that it will include the most recent findings or developments with respect to any particular material.

THE INFORMATION AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, FEMASYS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. FEMASYS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE, ANY TECHNOLOGY, PRODUCTS OR SERVICES DESCRIBED ON THE SITE OR ANY SITES LINKED TO THIS SITE.

Limitation of Liability

Your sole remedy for any failure of any part of the Site or dissatisfaction with or error on the Site is to cease using the Site. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FEMASYS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE OR ANY MATERIALS ON THIS SITE, EVEN IF FEMASYS OR AN FEMASYS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Transmissions to this Site

Any material, information or idea you transmit to or post on or through this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Femasys or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. To the extent that the foregoing provisions conflict with the terms of a written agreement between you and Femasys, the terms of such agreement will control.

Miscellaneous

No waiver of any breach of the Terms of Use, whether by conduct or otherwise, shall be deemed to be a waiver of another or subsequent breach of the Terms of Use. Failure of Femasys to enforce any breach of the Terms of Use shall not be deemed to be a waiver of Femasys’ right to subsequently enforce any breach thereafter.

If any term or condition of the Terms of Use shall be held illegal, invalid or unenforceable, the remaining terms and conditions of the Terms of Use shall not be affected thereby and such terms and conditions shall be valid and enforceable to the fullest extent permitted by law.

This Site is controlled and operated by Femasys from its office located within the United States. Femasys makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any claim relating to, and the use of, this Site and the materials contained herein shall be governed by the laws of the United States of America and state of Georgia. By accessing or using this Site, you consent to exclusive jurisdiction and venue in such federal and state courts in the State of Georgia.

Femasys may terminate or suspend your access to the Site at any time without notice, including upon any breach by you of any provision of these Terms of Use.