Terms of Service | Legal

I. Introduction

A. Definitions of Key Terms

In this agreement, the following key terms are defined as follows:

Agreement: refers to this legally binding document, which outlines the terms and conditions governing the relationship between [Your Company Name] and the Client.
Client: refers to the individual, entity, or organization entering into this agreement with FabLife Inc. and receiving services or products as outlined herein.
Services: refer to the specific services provided by FabLife Inc. to the Client, as detailed in this agreement.
Products: refer to any tangible goods, software, or digital assets provided to the Client as part of the services, as outlined in this agreement.
Effective Date: indicates the date on which both parties have signed this agreement, marking the commencement of the contractual relationship.
Confidential Information: includes any proprietary or sensitive information disclosed by either party during the term of this agreement.
Termination: signifies the conclusion of this agreement, which may occur under specific conditions outlined in Section VII.

The defined terms in this section are intended to provide clarity and consistency throughout this agreement. It is important to refer to these definitions when interpreting the document.

B. Acceptance of the Terms and Conditions

Your use of our website and services is contingent upon your full acceptance and adherence to these Terms and Conditions (T&C). By accessing or engaging with our platform, you expressly acknowledge that you have read, understood, and agreed to be legally bound by the terms and provisions outlined herein. Should you disagree with any part of these Terms and Conditions or any future amendments, we kindly request that you refrain from using our services. It is your responsibility to review these Terms and Conditions regularly to ensure your awareness of any modifications or updates. Your continued use of our services post-amendments signifies your consent to and acceptance of the revised Terms and Conditions.

We prioritize your privacy and security. It is our commitment to adhere to all applicable laws and regulations, including those governing data privacy, to ensure the safeguarding of your personal information. We encourage you to explore our Privacy Policy for a comprehensive understanding of how we collect, use, and protect your data. Your trust is of paramount importance to us, and we remain dedicated to providing you with excellent service while respecting your rights and privacy.

C. Amendments to the T&C

We reserve the right to modify, update, or amend these Terms and Conditions at our discretion, and such changes may be made without prior notice. It is your responsibility to stay informed about any alterations to these Terms and Conditions, as they are binding upon you when using our services. We recommend that you periodically review this page to ensure you are familiar with the most recent version of our Terms and Conditions.

While we may make efforts to notify users of significant changes, it is ultimately your responsibility to regularly check for updates. Your continued use of our services following any modifications to the Terms and Conditions implies your acceptance of the revised terms.

We understand that legal documents may appear daunting, but our objective is to create transparency and maintain a strong and secure relationship with our users. If you have any questions or concerns regarding these Terms and Conditions, we encourage you to contact us, see Chapter Contact. Your trust and satisfaction are vital to us, and we are committed to providing a service that prioritizes your well-being and security.

II. Description of Services

A. Description of Personalized Nutrition Services

Our personalized nutrition services are meticulously tailored to address and enhance fertility for individuals and couples seeking to start or expand their families. We understand the unique dietary considerations and nutritional requirements associated with fertility, and our team of dedicated fertility nutritionists and coaches is here to support your journey.

Our services commence with a comprehensive assessment of your fertility-related health and dietary needs. This assessment considers factors such as hormone balance, reproductive health, nutritional deficiencies, and lifestyle choices. Based on this assessment, our experienced fertility dietitians will recommend a personalized nutrition plan that incorporates fertility-boosting foods and dietary strategies. This plan will include recipes and detailed meal recommendations, nutritional guidelines, and lifestyle suggestions to optimize your fertility potential.

Our commitment extends beyond dietary planning. We provide ongoing support, regular check-ins, and the flexibility to adapt your nutrition plan as your fertility goals and situation evolves. We aim to empower you with the knowledge and resources you need to enhance your reproductive health to increase your chances of achieving a successful conception, a full term and healthy pregnancy, and beyond.

Your fertility is our priority, and our personalized nutrition services are dedicated to helping you achieve your dream of starting or expanding your family.

B. Sale of Dietary Supplements

We take pride in offering a thoughtfully selected range of dietary supplements, specifically tailored to support and enhance fertility. Our supplements are crafted with the aim of promoting reproductive health, addressing potential nutritional gaps, and empowering those on the path to parenthood.

Our dietary supplements are designed to provide essential vitamins, minerals, and antioxidants that are crucial for reproductive wellness. These supplements are carefully chosen to align with your personalized fertility journey. Prior to making a purchase, we strongly recommend consulting our team of fertility experts. They are available to offer guidance on selecting supplements best suited to your unique fertility needs and goals, ensuring they complement your personalized nutrition plan effectively.

We understand that the journey to parenthood can be challenging, and we are committed to providing you with high-quality dietary supplements specifically tailored to support and enhance fertility. Our supplements are crafted promote reproductive health, addressing potential nutritional gaps, and empowering those on the path to parenthood. Your fertility and reproductive health are of paramount importance to us, and we strive to support your dreams of starting or expanding your family.

C. Scope of Included/Excluded Services

We acknowledge that your journey towards improved fertility is a dynamic and evolving process. With a commitment to transparency and your well-being, we reserve the right to make updates and amendments to these Terms and Conditions. These changes may occur in response to advancements in fertility research, evolving regulations, or enhancements to our services aimed at better supporting your fertility goals.

While we may strive to notify users of significant alterations, it remains your responsibility to regularly review these Terms and Conditions for updates. We encourage your proactive engagement in staying informed about any changes that may affect your experience with our fertility-focused services.

Your trust and confidence in our commitment to your fertility journey are paramount. If you have any inquiries or concerns about these Terms and Conditions or any updates, please do not hesitate to reach out. Our goal is to ensure that our services align with your evolving fertility needs while respecting the latest legal and regulatory standards. Your successful journey towards improved fertility is our shared objective.

D. Customer's Obligations

In your journey to enhance fertility, your active participation and commitment play a crucial role. As our valued customer, we encourage you to embrace certain obligations to maximize the effectiveness of our fertility-focused services.

Honest Disclosure: It is vital that you provide accurate and honest information about your health, reproductive history, and lifestyle. This data enables our fertility experts to create the most effective nutrition and lifestyle recommendations tailored to your unique needs.
Adherence to Recommendations: We urge you to follow the personalized nutrition plan and lifestyle suggestions diligently. Consistency is key to improving fertility, and our experts are here to support your progress and make adjustments as necessary.
Communication: Open and timely communication with our fertility experts is essential. Share your experiences, concerns, and progress so that we can offer the most relevant guidance and adapt your fertility plan to your evolving needs.

Your active involvement is pivotal in achieving your fertility goals, and we are here to support you every step of the way. Your commitment to these obligations will contribute to a more successful and fulfilling fertility journey.

III. Monthly Subscription and Automatic Renewal

A. Subscription Terms

By signing up for our monthly subscription to our Nutrition Advisory Service and Dietary Supplements, you agree to the following terms:

Your initial subscription period will commence upon the date of purchase.
• Your subscription will automatically renew, and you will be billed, monthly from the initial purchase date, for a minimum of three (3) months.
Monthly billing will continue after this minimum duration period (month 4 and onwards) unless you cancel your subscription. You may do so in your FabLife account on our website.
• No program modifications are possible in the first three months of your subscription but you may modify elements of the program from month four onwards in your account on the FabLife website.
• All modifications to your FabLife program, or cancellation of your FabLife program, must take place at least 72 hours prior to the renewal date of your subscription, to ensure efficiency of our services and correct billing for you.
You are responsible for maintaining accurate payment information, including credit card details, to ensure uninterrupted service.

B. Automatic Renewal

The monthly subscription will automatically renew at the end of each one-month period.
We will charge the payment method you provided when you signed up for the subscription, or the most recent payment method on file.
The renewal charge will be at the same rate as your initial subscription unless otherwise specified.
• Note that your rate will differ in month one, compared to month two, three, and onwards because of the inclusion of the one-off charge for genetic testing in the first month of the program.

If you wish to discontinue the automatic renewal, you must follow the cancellation procedures described in Termination Section. Please note that all cancellation requests must be made prior to the renewal date, and ideally 72 hours before the renewal date, as charges for the renewal period are non-refundable.

We reserve the right to change the subscription terms, including pricing, upon notice to you. Any changes will take effect upon the start of your next renewal period.

By subscribing to our monthly service, you acknowledge and agree to these automatic renewal terms and authorize us to bill your payment method for renewals.

Please read the Termination Section for information on how to cancel your subscription and avoid automatic renewal.

IV. Pricing and Payment

A. Pricing for Nutrition Services and Dietary Supplements

Our pricing structure for nutrition services and dietary supplements is designed to be transparent, competitive, and reflective of the value we provide to support your health and wellness journey, including fertility-focused services.

Personalized Nutrition Services: The cost of our personalized nutrition services is determined based on the level of customization required, and the duration of the service.
Dietary Supplements: Our range of dietary supplements is priced competitively, and we strive to offer cost-effective options without compromising on quality. Prices may vary based on the type and quantity of supplements you select.

We aim to make our services accessible to all, recognizing the importance of affordability in your fertility journey. Our pricing is subject to periodic review to ensure that it remains fair and competitive. We are committed to helping you improve your fertility and overall well-being while providing clear and transparent pricing for your convenience.

B. Accepted Payment Methods

To ensure convenience and flexibility in your fertility-focused journey with us, we offer a variety of accepted payment methods. Your choice of payment method is designed to accommodate your preferences and needs.

Credit and Debit Cards: We accept payments made with major credit and debit cards, including but not limited to Visa, MasterCard, American Express, and Discover.
PayPal: Payments through PayPal are also accepted. Your PayPal account must be in good standing for this method to be used.

We are committed to ensuring that the payment process is as hassle-free as possible, allowing you to focus on your fertility journey.

C. Late Payment or Non-Payment Fees

Timely payments are essential for the smooth continuation of your fertility-focused services and dietary supplement orders. We encourage adherence to payment deadlines as outlined in our invoices. However, we understand that exceptional circumstances may occasionally cause delays. To maintain transparency and fairness, we have established the following policy:

Late Payment: In the event of a late payment, a nominal late fee may be applied, as specified in your invoice. This fee covers administrative costs associated with late payments.

Non-Payment: Failure to remit payment within the agreed timeframe may result in the suspension of services and supplement orders. We understand that unforeseen situations may lead to non-payment, and we encourage you to contact our support team to discuss payment arrangements in such cases (hello@fablife.com).

Our aim is not to penalize but to maintain a balance between flexibility and adherence to payment commitments. We are always open to communication and collaboration to address any payment concerns you may have while prioritizing your fertility journey.

V. Medical Responsibilities and Recommendations

A. Limitation of Liability for Medical Advice

While we are committed to providing expert guidance and support in your fertility journey, it is essential to understand the limitations and responsibilities surrounding the medical advice and recommendations offered.

Educational Purpose: Our fertility-related advice and recommendations are provided for informational and educational purposes. They do not replace professional medical consultation and diagnosis.
Individual Variation: Fertility is a complex and individualized aspect of health. Recommendations may not apply universally, and the outcomes of fertility treatments can vary based on unique factors.
Consultation with Healthcare Professionals: It is essential to consult with qualified healthcare professionals, such as a reproductive endocrinologist or fertility specialists, to receive personalized medical advice and treatment plans tailored to your specific needs.
Assumption of Responsibility: You acknowledge that you are ultimately responsible for your health decisions and any outcomes resulting from them. We do not assume liability for decisions made based on our educational content or recommendations.
Informed Choices: We encourage you to make informed choices regarding your fertility journey. This includes seeking professional medical guidance, understanding the potential risks, and considering the benefits of any fertility treatments or interventions.

By acknowledging these limitations and responsibilities, you can navigate your fertility journey with clarity and awareness. Our aim is to provide valuable educational content and recommendations while emphasizing the importance of consulting with healthcare professionals to make well-informed decisions about your fertility.

B. Recommendations for the Use of Dietary Supplements

Dietary supplements can be a valuable addition to your fertility journey, but their use should be guided by responsible recommendations and considerations.

Consultation with Healthcare Professionals: Prior to starting any dietary supplements, we strongly advise you to consult with healthcare professionals, particularly fertility specialists or a registered dietitian. Their expertise will help determine whether supplements are appropriate for your specific fertility goals.
Individualized Plans: Fertility is highly individualized, and recommendations for dietary supplements should be tailored to your unique needs. Supplements that support reproductive health may vary based on factors such as age, medical history, and specific fertility challenges.
Quality and Safety: We recommend choosing dietary supplements from reputable sources that adhere to quality and safety standards. It is important to ensure that supplements are free from contaminants and meet regulatory guidelines.
Complement to a Balanced Diet: Dietary supplements should complement a well-balanced diet, not replace it. They are meant to address specific nutritional gaps and should be used as part of a holistic approach to fertility.
Regular Monitoring: Your supplement regimen should be subject to regular monitoring and adjustment by healthcare professionals to ensure they align with your changing fertility goals and evolving health needs.

It is our commitment to offer responsible recommendations for the use of dietary supplements in your fertility journey. Your health and fertility are of paramount importance, and these recommendations aim to guide you in making informed choices while working closely with healthcare professionals to achieve the best possible outcomes.

VI. Termination and Cancellation

A. Termination Conditions of the Agreement

The agreement between you and FabLife Inc. is designed to ensure a positive and secure experience throughout your fertility journey. However, there are specific conditions under which this agreement may be terminated:

Mutual Agreement: The agreement may be terminated by mutual consent, with both parties agreeing to end the relationship. In such cases, we will work with you to ensure a smooth transition and address any remaining obligations.
Non-Compliance: Failure to comply with the terms and conditions, particularly in cases of inappropriate conduct, breach of confidentiality, or violation of policies, may lead to termination. We are committed to maintaining a HIPAA compliant, respectful and safe environment for all clients.
Non-Payment: If you fail to make payments as outlined in your invoices and do not reach an alternative arrangement with us, this agreement may be terminated, potentially affecting access to services and products.
End of Services: Once the fertility-related services or dietary supplement orders have been completed, the agreement may naturally terminate. However, your medical data will be retained as necessary for compliance with legal and regulatory requirements.
Violation of Legal Obligations: Any violation of legal obligations, including data privacy laws, may lead to the termination of the agreement.

Our primary goal is to provide you with the best possible support for your fertility journey. Termination is considered only when necessary, and every effort will be made to ensure a fair and respectful process in alignment with the termination conditions outlined above. Your satisfaction and well-being remain central to our commitment.

B. Termination Process

Terminating your Monthly Subscription is a straightforward process, and you may do so anytime after the minimum 3 month duration, subject to the following conditions:

You must action the termination through your account on the FabLife website.
We ask that you aim to terminate your subscription at least 72 hours prior to the renewal date to avoid being charged.
Upon successful termination, you will no longer be billed for future renewals, and your access to our services and products will cease at the conclusion of your current subscription period.
It's important to note that any fees or charges that have already been paid for future renewal periods are non-refundable.

We value your experience with our service and want to make the termination process as simple as possible. However, please keep in mind that termination may mean the loss of access to our Nutrition Advisory Service and Dietary Supplements.

C. Cancellation of Automatic Renewal

Canceling the automatic renewal feature of your Monthly Subscription is equally straightforward, and you can do so through the following steps:

Log in to your customer account on our website using your credentials.
Select Manage my Subscription then follow the instructions in the pop-up box to enable cancellation.

It's essential to note that for a cancellation to be effective, it must be completed before your next renewal date. Unfortunately, once a renewal has been processed, we are unable to provide refunds for that period.

By initiating a termination or canceling the automatic renewal, you acknowledge and agree that you will no longer have access to our services or products once the current subscription period concludes.

Should you encounter any issues or have any questions regarding the termination or cancellation process, please do not hesitate to contact us (hello@fablife.com). We are committed to assisting you with any concerns or inquiries related to your subscription. Your satisfaction is our priority.

VII. Missed Appointments or Late Cancellations

A. MISSED APPOINTMENTS

Our dietitian’s time is valuable. Missing an appointment, a “no-show”, may result in the loss of that month’s telehealth dietitian appointment. We will aim to avoid this penalty by emailing you to seek an explanation, encouraging you to re-book your session. In the eventuality that we do not hear from you, or you do not make a re-booking, as appointment availability allows, within 7 days, you will forfeit that month’s coaching. You will be able to book your next appointment only when your subscription renews. If a no-show is repeated, we will automatically apply a $40 charge to the payment method associated with your FabLife subscription.

B. LATE CANCELLATIONS

Our dietitians spend time planning for appointments and set aside time in their schedules to meet with you. We know that life happens sometimes, but we do ask that you give a minimum of 24 hours notice if you do need to reschedule your appointment. If you cancel an appointment with <24 hours notice, you may lose that month’s coaching appointment. We will aim to avoid this by emailing you to seek an explanation, encouraging you to re-book your session. In the eventuality that we do not hear from you, or you do not make a re-booking, as appointment availability allows, within 7 days, you will forfeit that month’s coaching and will only be able to book your next appointment when your subscription renews. Please note that a repeat late cancellation will incur an automatic $40 charge, applied to the payment method associated with your FabLife subscription.

VIII. Disputes and Conflict Resolution

A. Methods for Dispute Resolution

In the event of disputes or conflicts related to our services and the fertility journey, we are dedicated to fostering a constructive and fair resolution process. We offer the following methods for dispute resolution:

Direct Communication: We encourage open and direct communication as the primary means to address concerns or disputes. You can reach out to our support team to initiate a discussion and seek a resolution.
Mediation: If direct communication does not lead to a satisfactory resolution, both parties may agree to engage in mediation. A neutral third party will facilitate the mediation process, working with all parties involved to find a mutually agreeable solution.
Arbitration: In cases where mediation does not yield a resolution, arbitration may be pursued. Arbitration involves a neutral arbitrator who will make a binding decision based on the evidence and arguments presented by all parties.
Legal Action: As a last resort, legal action may be considered, especially in cases involving significant disputes or violations of legal rights. Legal proceedings will be governed by the laws of the state of California.

Our commitment is to resolve disputes amicably and fairly, with a preference for less adversarial methods like direct communication and mediation. We aim to ensure your concerns are heard and addressed, providing a constructive path toward resolution. In any dispute, we recommend seeking legal counsel to understand your rights and options fully. Our objective is to maintain transparency and fairness while prioritizing your satisfaction and the success of your fertility journey.

B. Arbitration or Mediation

Resolving disputes is integral to maintaining a positive and productive relationship between us and our clients. In cases where direct communication has not led to a satisfactory resolution, we offer the option of arbitration or mediation as alternative dispute resolution methods:

Mediation: Mediation is a collaborative and voluntary process where a neutral third party, the mediator, facilitates communication between both parties to reach a mutually acceptable resolution. Mediation encourages open dialogue, promotes understanding, and allows for a flexible and customized solution to the dispute.
Arbitration: Arbitration is a more formal process where a neutral arbitrator is appointed to make a binding decision on the dispute based on the evidence and arguments presented by both parties. Arbitration offers a structured approach for resolving disputes, and the arbitrator's decision is typically final and legally binding.

The choice between mediation and arbitration may depend on the nature and complexity of the dispute. Both methods aim to provide an efficient, cost-effective, and impartial means of resolving disagreements. It is important to note that engaging in either mediation or arbitration is typically a voluntary decision, and both parties must agree to the chosen method.

Our objective is to ensure that disputes are resolved amicably, fairly, and with the least possible disruption to your fertility journey. We recommend seeking legal advice when considering mediation or arbitration to fully understand your rights and options.

C. Applicable Jurisdiction

In the event of disputes or conflicts arising from our services or the fertility journey, it is important to establish the applicable jurisdiction, ensuring that legal proceedings are conducted within a recognized and mutually agreed framework. Here are the key points regarding applicable jurisdiction:

Jurisdiction Agreement: By engaging in our services, you agree to the jurisdiction and laws of the state of California, United States. This agreement is essential to provide clarity and consistency in the event of disputes.
Choice of Forum: Any legal proceedings related to disputes will be held within the state of California, specifically in the appropriate county or federal district court. This choice of forum allows for a consistent and recognized legal venue.
Legal Compliance: All parties are expected to comply with the laws and regulations of the state of California and the United States while pursuing or participating in legal proceedings.
Venue for Enforcement: The state of California and its courts serve as the venue for the enforcement of any arbitration or mediation decisions reached as part of dispute resolution.

This agreement regarding applicable jurisdiction is intended to provide clear and consistent guidelines in the event of disputes. It ensures that any legal proceedings are conducted within a recognized and well-established legal framework, providing transparency and fairness to all parties involved. We encourage open communication and alternative dispute resolution methods before resorting to legal proceedings, but in cases where they are necessary, this agreement helps maintain an organized and effective process.

IX. Intellectual Property and Trademarks

A. Use of the Provider's Trademark

The trademarks associated with our services, products, and brand are valuable assets, and their use is governed by the following guidelines:

Authorized Use: You are authorized to use our trademarks to the extent necessary to engage with our services and products. This includes but is not limited to referring to our services in discussions, reviews, or promotions.
Prohibited Uses: You may not use our trademarks in any manner that suggests endorsement, affiliation, or partnership with us without our explicit written consent. Misuse, modification, or replication of our trademarks is strictly prohibited.
Attribution: When referring to our services, it is important to provide proper attribution to our trademarks. This ensures transparency and clarity regarding the source of the services.

Respecting our trademark usage guidelines is essential in maintaining the integrity of our brand identity and intellectual property. We appreciate your cooperation in using our trademarks in a responsible and authorized manner that aligns with the terms and conditions of our agreement.

B. Restrictions on Trademark Use

While we grant limited authorization for the use of our trademarks, certain restrictions are essential to preserve the integrity and exclusivity of our brand:

No Endorsement Implication: You are prohibited from using our trademarks in a way that implies endorsement, affiliation, sponsorship, or partnership with us, unless such a relationship has been formally established and approved in writing.
No Modification: Altering or modifying our trademarks in any manner, including but not limited to changing their design or color, is strictly prohibited.
No Trademark Registration: You are not authorized to seek registration or protection of our trademarks with any governmental or regulatory body. Our trademarks remain our exclusive property.
No Confusing Use: Avoid using our trademarks in a way that may confuse consumers, misrepresent our brand, or dilute the distinctiveness of our trademarks.

Respecting these restrictions is crucial to maintain the clarity, consistency, and exclusivity of our brand identity. We appreciate your understanding and adherence to these guidelines to protect our intellectual property and trademarks effectively.

X. General Provisions

A. Force Majeure

In unforeseen circumstances beyond our control, we may invoke the force majeure clause to temporarily relieve both parties of their contractual obligations. Force majeure events may include natural disasters, acts of terrorism, war, governmental actions, or other events that make the fulfillment of the agreement impossible.

Notification: In the event of a force majeure occurrence, we will promptly notify you in writing, detailing the nature of the event, its impact on our ability to perform, and an estimate of the expected duration of the delay.
Mitigation: We will make reasonable efforts to mitigate the effects of the force majeure event and resume normal operations as soon as practicable.
No Breach: During the force majeure period, neither party shall be considered in breach of the agreement, and deadlines and obligations will be extended accordingly.
Termination: If the force majeure event substantially prevents the performance of the agreement for an extended period, either party may terminate the agreement without penalty.

The force majeure clause offers protection in extraordinary circumstances, acknowledging that certain events are beyond our control. We will work collaboratively to address the challenges posed by such events and strive to minimize disruptions to our contractual relationship.

B. Assignment of Rights and Obligations

Assignment of rights and obligations under this agreement requires careful consideration and adherence to the following guidelines:

Prior Written Consent: Neither party may assign, transfer, or delegate their rights or obligations under this agreement to a third party without obtaining the prior written consent of the other party. Such consent shall not be unreasonably withheld.
Change of Control: In the event of a merger, acquisition, or change of control of either party, where the obligations and performance under this agreement are significantly impacted, written notice should be provided to the other party. The non-impacted party retains the right to evaluate the assignment and may agree to continue or terminate the agreement.
Liability: The original party, who entered into this agreement, shall remain primarily liable for the fulfillment of obligations unless the other party provides written consent to transfer such liability.
No Third-Party Beneficiaries: This agreement is intended for the benefit of the parties involved and not for the benefit of any third-party entities.

Assignment under this agreement is subject to transparency, reasonable consideration, and adherence to the agreed-upon terms, ensuring that the interests and commitments of both parties are upheld.

C. Non-Waiver

This provision emphasizes the importance of understanding that a failure to enforce any right or provision of this agreement at any given time does not constitute a waiver of that right or provision. Here are the key points regarding the non-waiver clause:

Right to Enforcement: Both parties retain the right to enforce any aspect of this agreement at their discretion. A delay or failure to enforce a particular right or provision does not relinquish the right to enforce it at a later time.
Written Waiver Only: Any waiver of rights or provisions must be in writing and signed by the party granting the waiver. Verbal agreements or actions will not be considered as a waiver of rights under this agreement.
Limited Application: The non-waiver clause applies solely to the specific instance at hand and does not extend to future or subsequent occurrences.

The non-waiver clause underscores that each party's rights and provisions under this agreement remain intact, and the failure to enforce any aspect of the agreement in a given situation does not diminish the ability to enforce it in the future. Written waivers are the only valid means of waiving rights or provisions, ensuring transparency and clarity in all interactions.

D. Entire Agreement

This section emphasizes the comprehensiveness of the agreement and the understanding that it constitutes the entire agreement between the parties, superseding all prior discussions, negotiations, and understandings. Key points regarding the entire agreement clause include:

Comprehensive Understanding: The parties acknowledge that this written agreement represents the full and final understanding between them, encompassing all terms, conditions, and obligations related to the subject matter.
Superseding Previous Agreements: Any previous agreements, whether oral or written, and any discussions or negotiations that occurred before the signing of this agreement are nullified and replaced by the terms of this written agreement.
Amendments in Writing: Any modifications, amendments, or changes to this agreement must also be in writing and signed by both parties to be considered valid.
Clear and Unambiguous Terms: The entire agreement clause ensures that the terms and provisions of this agreement are clear and unambiguous, simplifying the interpretation of the agreement.

This clause underscores the importance of the written agreement as the ultimate and comprehensive expression of the parties' intentions. It provides clarity and prevents any misunderstandings arising from previous discussions or unwritten agreements.

E. Severability

The severability clause acknowledges that if any provision of this agreement is found to be unenforceable or invalid, it should not affect the enforceability or validity of the remaining provisions. Key points regarding the severability clause include:

Preservation of Intent: If any provision is deemed unenforceable, the parties intend that the rest of the agreement remains in full force and effect, and the unenforceable provision should be modified to the extent necessary to make it valid and enforceable.
Maximum Enforceability: The severability clause ensures that the maximum amount of the agreement remains in force, even if certain provisions are found unenforceable.
Good Faith Interpretation: The parties agree to interpret any unenforceable provision in good faith to achieve the purpose intended by that provision.

This clause provides reassurance that the agreement's overall validity is protected, even if specific provisions are challenged. It ensures that the parties' intentions are preserved to the extent possible while adhering to the law.

F. Applicable Law

This provision clarifies the governing law that applies to the agreement, ensuring a clear legal framework for dispute resolution and interpretation. Key points regarding the applicable law clause include:

Choice of Law: This agreement is governed by and construed in accordance with the laws of the state of California, United States. Both parties submit to the jurisdiction of California for the resolution of any disputes arising from this agreement.
Consistency: The choice of California law provides a consistent and well-established legal framework for the interpretation and enforcement of the agreement.
Exclusivity: This provision specifies that the laws of California exclusively apply, ensuring a singular and recognized legal jurisdiction.

The applicable law clause offers transparency and predictability, ensuring that both parties understand the legal context within which the agreement operates. It provides a clear framework for resolving disputes and interpreting the agreement while maintaining consistency and legal clarity.

XI. Contact Information

A. Provider's Contact Information

This section outlines the contact information for FabLife to facilitate effective communication and support. Our commitment to transparency and accessibility is reflected in the following details:

Company Name: FabLife Inc.
Physical Address: 60 Broad Street, New-York City, NY 10004
Email Address: hello@fablife.com
Website: www.fablife.com
Operating Hours: 9:00 am to 6:00 pm PST

We encourage you to use this contact information for inquiries, support, or to address any concerns related to our services, products, or the terms of this agreement. Providing clear and accessible contact details is part of our commitment to maintaining open and effective communication with our valued clients.

B. Contact Information for Privacy and Data-Related Inquiries

Your privacy and data security are paramount to us. In this section, we provide you with contact information for inquiries related to privacy and data handling:

Note I changed this text to Times New Roman as was different font to thatPrivacy Inquiries: For questions, concerns, or requests regarding your personal data and privacy, please contact our dedicated privacy team at:

Email: hello@fablife.com

Data Access Requests: If you wish to exercise your data access rights, please use the following contact:

Email: hello@fablife.com

Our privacy and data teams are committed to addressing your inquiries promptly and professionally, ensuring the security and integrity of your personal information. We take data protection seriously and encourage you to reach out to us with any privacy-related concerns or requests. Your privacy matters to us.

XII. Electronic Signature

This section recognizes the validity and acceptance of electronic signatures for the execution of this agreement. Both parties acknowledge and agree to the following:

Electronic Signatures: All parties involved may use electronic signatures to sign and execute this agreement. These electronic signatures hold the same legal effect as physical signatures.
Consent: By using electronic signatures, all parties consent to the use of electronic means for the formation and execution of this agreement.
Binding Effect: Electronic signatures on this agreement are binding and enforceable, and the parties may rely on them in the same manner as physical signatures.
Multiple Counterparts: This agreement may be executed in multiple counterparts, including electronic copies, each of which will be considered an original, but all of which together constitute a single agreement.

The acceptance of electronic signatures underscores the convenience and efficiency of modern technology in conducting business transactions. It ensures that parties can securely and legally execute this agreement using electronic means, simplifying the signing process.