Obie

Last updated on October 16, 2024
Obie takes issues of privacy and the protection not only of personal health information, but all kinds of information about your private life very seriously. As discussed below we take great efforts to protect your information from disclosure, to use your personal information only to provide services to you, to improve the services for you, to improve our ability to provide services to other people in a similar situation, and to assist researchers in finding better ways to improve health.
WE DO NOT SELL OR RENT YOUR PERSONAL DATA TO THIRD PARTIES. WE DON’T SHARE YOUR INFORMATION TO SOCIAL NETWORKS OR OTHER PUBLIC OR SEMI-PUBLIC PLACES UNLESS INSTRUCTED BY YOU TO DO SO.
We only disclose your information to you or as you authorize us to (although we may include certain elements of that information in our database on an anonymized basis). However, the kind of information Obie collects is significantly more sensitive than the information you may be providing to other application providers – and you should be extra careful before instructing us to share that information with anyone else.
Please read this Privacy Policy carefully, it is a material part of the contractual agreement between you and Obie Health LLC. (“Obie”, “we”, “us”, or “our”).
Capitalized terms used in this Privacy Policy and not defined herein shall have the definitions provided in our Terms of Service Agreement. This Privacy Policy describes the ways we collect, protect, use and store your personal data. If you have any questions, feel free to contact us through the contact link on our website or write us at our address listed on our website.
PARTICULARLY IMPORTANT INFORMATION
Who We are: For the purpose of applicable data protection legislation, the data controller of your personal data is Obie Health LLC, located in the state of New York.
Must Read Sections: We direct your attention in particular to the section entitled “Your Rights”.
CHANGES TO THE PRIVACY POLICY.
We may amend this Privacy Policy from time to time by posting a revised copy to our website, Obiehealth.com (“Website”) or through our application Obie (the “Obie App”), and we encourage you to review it frequently. If we make material changes to this Privacy Policy, we will alert you through a notice on the Obie App, on our Website, or through an email prior to such change(s) taking effect. The “Last Updated” date above indicates when this Privacy Policy was last changed.
PURPOSES OF PROCESSING
We collect information about you in several forms, including personal data. As used in this Privacy Policy, “personal data” is consistent with the definition in the General Data Protection Regulation 2018 and any successor legislation, as well as the California Consumer Privacy Act, and includes any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number, and in the case of Obie, includes “Sensitive Personal Data.”
We will only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data in order to access the Obie App and other of our products or services (collectively, the “Services”). If you created a profile/registered with us through the Services or the Website on a mobile device or through any other means, you will have been informed about the use and disclosure of your personal data as outlined below. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. Furthermore, Obie’s Services may require you to share Sensitive Personal Data (defined below) with us, for which we will seek separate consent. If you do not agree to this Privacy Policy and our Terms of Service Agreement do not use the Obie App or the Website or any of the Services.
Note that not all Obie account types and features are available in all locations, so some of the examples below may not apply where you live.
WHAT WE COLLECT
Information You Give Us:

When you register to create an account in the Obie app
When you provide information on the Obiehealth.com website
When you update your profile, your goal, and other information in the Obie App

When you register with Obie you will submit a variety of personal data (such as age, birth date, name, email address, mobile phone number, etc.) and as you use the Obie App you may submit a variety of information (such as menstrual cycle, height, weight, temperature, etc.) which may include sensitive personal data about personal health issues and/or information related to your past, present, or future physical or mental health condition (“Sensitive Personal Data”). You may also choose to provide us with access to certain personal data stored by third parties including social media sites (such as Facebook and Twitter) and health sites, such as Apple HealthKit. The information we have access to varies by site and is controlled by your privacy settings on that site and your authorization. You may (and may be required to in order to use the Services) share information about or give us access to additional third-party websites or services. Finally, we may use information that you include in emails or other communication methods to us to assist us in providing the Services, and we may publish that information on an anonymous basis.
In each case, we will collect and record the information you have provided.
Information We Automatically Collect:
If you visit obiehealth.com, be advised that Company will maintain web logs to record data about all visitors and customers who use this website and interact with the Services and we will store this information. All web logs are stored securely and are accessible to a limited number of employees who are required to adhere to strict guidelines regarding user data security and privacy.
Furthermore, when you use the Obie App, we may record information regarding the use of that Obie App, including your cell phone number, and if such facilities are enabled on your cell phone, your location and similar information.
Finally, in order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of the Services, including information about users accessing this website or using the Obie App, such as Internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time (“Activity Information”). We use Google Analytics (“GA”) for aggregated, anonymized website traffic analysis. In order to track your session usage, Google drops a cookie (_ga) with a randomly-generated ClientID in your browser. This ID is anonymized and contains no identifiable information like email, phone number, name, etc. We also send Google your IP Address. We use GA to track aggregated website behavior, such as what pages you looked at, for how long, and so on. This information is important to us to improve the user experience and determine effectiveness. If you would like to access what browsing information we have - or ask us to delete any GA data - please delete your _ga cookies, please contact us through the contact link on our website or write us at our address listed on our website, and/or install the Google Analytics Opt-Out Browser Add-On.
When you visit the Services, we may also store information based on your usage history. This includes, but is not limited to, details of your transactions, content you viewed, click stream information, and cookies that may uniquely identify your browser or your account. We use various technologies to collect and store information which may include sending one or more cookies or anonymous identifiers to your device. Please refer to the section on cookies below. Information We Collect From Other Sources: You may choose to provide us with access to certain personal data stored by third parties. The information we have access to varies by site and is controlled by your privacy settings on that site and your authorization. You may (and in order to use certain services may be required to) share information about or give us access to additional third-party websites or services. Should you do so, you agree that Obie may collect, store and use this information in ways consistent with this Privacy Policy.
HOW WE USE/SHARE YOUR INFORMATION
We may use personal data to verify your identity or manage risk. We may also use personal data to perform and improve our Services, contact you, conduct research, and provide anonymous reporting for medical research. For example, we may use information to provide customer service and support, process transactions, resolve disputes, collect payments, prevent illegal activities, customize the Services and recommendations, reduce risk to all parties involved in our transactions, and verify the accuracy of information.
WE DO NOT SELL OR RENT YOUR PERSONAL DATA TO THIRD PARTIES. WE DON’T SHARE YOUR INFORMATION TO SOCIAL NETWORKS OR OTHER PUBLIC OR SEMI-PUBLIC PLACES UNLESS INSTRUCTED BY YOU TO DO SO. However, we may share your personal information with third parties in an aggregate and anonymous format combined with the information we collect from other users for research and/or academic purposes only. We may share your personal information as necessary for Obie to provide you Services, and possibly to tell you about products and services of interest to you (subject, in the case of EU residents, to your consent to receipt of such communications); to fulfill your service request; to third-party fulfillment houses, customer support, billing and credit verification services, and the like; to comply with tax and other applicable law; as otherwise expressly permitted by this privacy policy or Obie’s Terms of Service agreement, located at https://www.obiehealth.com/terms-conditions or as otherwise authorized by you. You should also note that Obie does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties.
We also use your name, email address and other information on our system to notify you of new product releases, service notifications, and to solicit your feedback and input.
We share your personal data with employees and affiliates, as well as certain vendors, partners and third parties as required to offer the Services. This includes, but is not limited to, processing transactions, maintaining your account, responding to court orders and legal investigations, for litigation purposes, and complying with audits or other investigations. We do not profit from your personal information and do not share your information with advertisers.
We may combine your personal data with information we collect from other companies and use it to improve and personalize the Services, content, and communications with you. We may also do so in order to improve our prediction methodologies and algorithms.
Anonymous Data
We may combine your personal data with information we collect from other users in an aggregate and anonymous format and share this anonymous data with third parties. When we use the term “anonymous data,” we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party. We may create anonymous data from the personal data we receive about you and other individuals whose personal data we collect. Anonymous data might include analytics information and information collected by us using cookies. We make personal data into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you. We do this in order to improve the quality of the information we provide to you and to other users.
Marketing
We may use personal data to deliver products, or service update notices, and promotional offers based on your communication preferences. With your consent (either in response to an email request or in certain cases, pursuant to the preferences you’ve expressed in your profile), we may send you marketing e-mails about upcoming promotions and other news, including information about products and services that may be of interest to you. You may opt-out of receiving such information at any time: such marketing emails tell you how to “opt-out.” Please note, even if you opt out of receiving marketing emails, we may still send you non-marketing emails. Non-marketing emails include emails about your account with us (if you have one) and our business dealings with you. We may combine your information (after it has been anonymized) with information we collect from other companies and use it to improve and personalize the Services, content and advertising. We may also do so in order to improve our prediction methodologies and algorithms.
Third Party Content
Obie may use information derived from your use of the Services to determine what content we believe may be of interest to you, including content from the providers of goods and services (who may pay us to show you such content) that you may be able to purchase through the Services or otherwise. We do not provide any personal data to third-party content providers. Note, however, that if a third party content provider asks us to show content to users with certain characteristics (for example, women ages 25-44) or a segment of that group (for example, women ages 25-29 who have indicated they are trying to conceive) and you respond to that content or click on links embedded in that content, the third-party content provider may conclude that you have the characteristics of the audience that they are trying to reach. Obie does not have access to or control over cookies, web beacons, or other technologies that third parties who have asked us to show you content may use, and the privacy practices of these third parties are not covered by this privacy policy. Please contact these companies directly for information on their data collection and privacy practices. For more information on available opt-out options for targeted advertising delivered by NAI member ad networks, see http://www.networkadvertising.org/.
Corporate Restructuring
In the event that all or a part of our business or assets are sold or transferred or we merge with another company your personal data may be transferred to the buyer/surviving party, but this privacy policy will continue to control that person’s use of your personal information.
Other Disclosures
We will share your information with any party when required by law or by a government request to do so or to combat fraud or criminal activity.
You understand and agree that we may access, preserve, and disclose any information we may have about you (including personal data and health information) and the contents of your account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to avoid liability, to comply with legal process (for example, we may disclose your information as necessary to comply with an authorized civil, criminal or regulatory investigation), such as a search warrant, subpoena, statute, or court order, or to protect our rights and property, or that of our affiliates or the public. Obie is not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that it receives. We reserve the right to release personal data or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our Terms of Service Agreement, or this Privacy Policy even without a subpoena, warrant or court order, if we believe, in our sole discretion, that such disclosure is necessary or appropriate to operate the Obie Apps, our Website or to protect our rights or property, or that of our affiliates, or our officers, directors, employees, agents, third-party content providers, suppliers, sponsors, or licensors. We also reserve the right to report to law enforcement agencies any activities we reasonably believe in our sole discretion to be unlawful. If we are legally compelled to disclose information about you to a third party, we will attempt to notify you by sending an email to the email address in our records unless doing so would violate the law or unless you have not provided your email address to us.
We also use anonymous data and certain technical information about your computer and/or smartphone and your access of the Services (including your Internet protocol address) in order to operate, maintain and manage the Services. Obie may disclose that kind of information to its partners in order to provide the Services, resolve service problems and correct errors in the Services, to communicate with you about the Services, and to enhance your experience on the Services. However, we do not give our partners an independent right to share this information. Due to our contractual obligations with these third parties and the need to share information to deliver and support the Services, however, we cannot provide you with the opportunity to opt-out of sharing such information (whether personal data or other information) with these third parties. Obie, certain of its partners, and their contractors and employees may view the content that you upload to the Services in order to provide the Services and otherwise perform the tasks set forth in this Privacy Policy.
CONTROLLING YOUR PERSONAL DATA
You can terminate your account at any time, by emailing Obie support, which will remove your profile and other personal data from view. Obie, however, may (but is not obligated to) keep information about you that is on its system following your termination. You may request complete deletion of your personal data by
We do not disclose any of your personal data to any third party without your express permission (other than as provided herein or in anonymized and aggregated format).
We do not sell any of your personal data to advertising platforms, data brokers or information resellers.
OTHERS’ INFORMATION
You may decide to provide us with another person's email address so that person may be invited to join Obie or so that we may facilitate your communication with other people through the Services. You may also provide us with another person's contact information for purposes of delivering information through the Obie App. We use this information to contact and, if necessary, remind that person that he or she has been invited to join Obie or receive content through the Obie App. All invitees are provided with the option not to receive further invitations from Obie. We may disclose such information if required to do so in order to comply with legal process, as described above.
AUTOMATED DECISION MAKING AND PROFILING
We do not generally use your personal data for the purposes of automated decision-making. However, we may do so in order to fulfill obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object. COOKIES
The Services may automatically collect usage, analytics, viewing, logs, metrics and other device and technical data when you access our Service as an end user. For example, when you access our websites or log into the Obie Service, our servers will automatically record certain information about your device and browser, and we may collect usage, clickstream, event data, crash data, and other technical data. We along with our service providers may also use technologies such as cookies, beacons, tags, Local Storage Objects (LSOs) and scripts to collect this information. Please consult our "Cookie Policy" for further information.
THIRD PARTY SITES
The Services may contain links to other web sites, and content in the Obie App may be hosted by other web sites. These other sites maintain their own policies regarding cookies and the collection and use of personal data. It is up to you to review those policies yourself.
INTERNATIONAL DATA TRANSFER
Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us 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 other parts of the world. By using the Obie App or Services you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
SECURITY
We use reasonable organizational, technical and administrative measures to protect personal data within our organization. If you have any questions regarding which measures and techniques we use, feel free to contact us through the contact link on our website or write us at our address listed on our website. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the Internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised, please immediately notify us of the problem by contacting us using the details set forth in the section titled “Additional Questions” below.
In addition, we urge you to take precautionary measures in maintaining the integrity of your data. Please be responsible in making sure no one can see or has access to your personal accounts and log-in username and password information. If you use a public computer, such as one at a library or a university, or a shared device, always remember to log out of the Obie App or Services.
If you use the Obie App or Services through your employer’s computer network, a mobile device owned by your employer, or through an internet café, library or other potentially non-secure internet connection, such use is at your own risk. It is your responsibility to check beforehand with each such company’s privacy and security policy with respect to Internet and mobile device use.
Company is not responsible for your handling, sharing, re-sharing and/or distribution of your personal health information. Moreover, if you forward personal health information electronically to another person on or off any Obie App or the Services, we are not responsible for any harm or other consequences from third party use or re-sharing of your information.
RETENTION
We will only retain your personal data as long reasonably required for you to use the Obie App and/or to provide you with the Services unless a longer retention period is required or permitted by law (for example for regulatory purposes). You can permanently delete your account and all information associated with your account at any time. To manually delete your Obie account, go to your profile by tapping the profile icon in the upper right corner of your screen, then to settings by tapping the wheel in the upper right corner of your screen, and then select Account. There, you can select “Delete my account.”
CHILDREN
We do not knowingly allow individual Users who are under the age of 16 to create accounts that allow access to the Obie App.

Opt-out. You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of Sensitive Personal Data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data from a server or business located in the European Economic Area to a server or business outside the European Economic Area. Please note that your use of the Obie App or Services may be ineffective upon opt-out.
Access. You may access the information we hold about you at any time via your profile/account or by contacting us directly.
Amend. You can also contact us to update or correct any inaccuracies in your personal data.
Move. Your personal data is portable – i.e. you have the flexibility to move your data to other service providers as you wish.
Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.

COMPLAINTS
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Privacy Policy or our practices in relation to your personal data, please contact us at the contact information on our website. We will reply to your complaint as soon as we can and in any event, within 45 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
ADDITIONAL QUESTIONS
Feel free to contact us through the contact link on our website or write us at our address listed on our website at any time if you have further questions about Obie or this Privacy Policy, or would like to receive a copy of this document showing changes from previous versions.
OBIE PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Effective Date: October 16, 2024
Last Reviewed on: October 16, 2024
This Privacy Notice for California Residents supplements the information contained in our privacy policy above and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.
INFORMATION WE COLLECT
Our Website and Applications (the “Platform”) collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (”personal information”). In particular, our Platform has the ability to collect the following information:
Category A: Identifiers
Examples: A real name, Internet Protocol address, email address, account name, iOS IDFAs, Android Ads IDs or other similar identifiers.
Collected: YES
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Collected: YES.
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Collected: YES
Category D: Commercial Information.
Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Collected: NO
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Collected: YES
Category F: Internet or other similar network activity.
Examples: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Collected: YES
Category G: Geolocation data.
Examples: Physical location or movements.
Collected: YES (if selected and enabled by user)
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Collected: NO
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Collected: NO
Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Collected: NO
Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: YES

Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CCPA’s scope, like:
health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Directly from you. For example, from forms you complete on our website.
Indirectly from you. For example, from observing your actions on our website or interactions with our advertisers.
From apps you associate with our Platform. For example, if you instruct us to share certain of your personal data (including Sensitive Personal Data) with systems such as Apple’s Healthkit or Google Fit, and to access personal data from those systems which we will use to improve the services we provide to you.

USE OF PERSONAL INFORMATION

To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry.
To provide customer service and support, personalize, and develop and improve our Website, Apps, and other products, and services.
To create, maintain, customize, and secure your account with us.
To prevent illegal activities, customize the Services and recommendations, verify the accuracy of information and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
To help maintain the safety, security, and integrity of our Website, Apps, products and services, databases and other technology assets, and business.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE

Personal identifiers, such as your name, address, email address, and date of birth.
Personal information such as your age, gender, and pregnancy status whether you are trying to conceive (TTC), not trying to conceive (non-TTC) or pregnant.
Internet or other electronic network activity information, such as your IP address, type of browser, version of operating system, carrier and/or manufacturer, device identifiers, and mobile advertising identifiers.
Location data. We may use certain information like your IP address or other Device Information or Log Information to estimate your location (e.g., your city or state). We may also request to use location-enabled services on your device (which typically provide GPS or Wi-Fi access point details) to enhance the Services. We will only use these location-enabled services on your device with your consent.
In Connection with Sale or Merger: We may share your personal information while negotiating or in relation to a change of corporate control such as a restructuring, merger, or sale of our assets.
Upon your further direction: With your permission or upon your direction, we may disclose your personal information to interact with a third party or for other purposes.

ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

DELETION REQUEST RIGHTS
You can permanently delete your Obie account and all information associated with your account at any time. To manually delete your Obie account, go to your profile by tapping the profile icon in the upper right corner of your screen, then to settings by tapping the wheel in the upper right corner of your screen, and then select Account. There, you can select “Delete my account.”
You have the right to request that we delete any additional personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

EXERCISING ACCESS, DATA PORTABILITY, AND DELETION RIGHTS
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by contacting us through the contact link on our website or write us at our address listed on our website. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
RESPONSE TIMING AND FORMAT
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
NON-DISCRIMINATION

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us through the contact link on our website or write us at our address listed on our website.
CHANGES TO OUR PRIVACY NOTICE
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
HOW YOU CAN CONTACT US
If you have any questions or comments about this notice, the ways in which we collect and use your information described herein, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at support@obiehealth.com.
Terms & Conditions
Last updated on: October 16, 2024
Please read these Terms of Use (“Terms”) carefully, they constitute a legally binding contract. By (i) having created a user account with us; (ii) using the Obie App; or (iii) accessing obiehealth.com, you have agreed to be bound by these Terms.
YOU SHOULD BE AWARE THAT OBIE IS NOT A PROVIDER OF MEDICAL ADVICE. BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY OR THE HEALTH OR SAFETY OF YOUR FAMILY OR FETUS, PLEASE CONSULT WITH A PROFESSIONAL. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROVIDER IMMEDIATELY.
We reserve the right to change these Terms from time to time, and such changes will become applicable to you if you continue to use the Obie App, the obiehealth.com website, or any other element of our service at any time after such changes are posted on our Website. Where we believe that any changes are material, we will notify you through an in-app notification, alerts on our Website and/or an email to the address you have provided us, but regardless of whether you receive such notice, any changes will become effective if you use the Obie App or access the Website at any time after such changes are published on this page. We recommend that you visit this page periodically to be sure you are aware of the most recent terms of this agreement.
If you do not agree to these Terms, do not use the Obie App or obiehealth.com, and if you do not wish to agree to any changes to these Terms, please cease using the Obie App and obiehealth.com and terminate your account.
The Parties to this Agreement.
These Terms describe a contractual agreement between you, the user of the Obie App or obiehealth.com (“you”, “your”), and Obie Health LLC and its subsidiaries and affiliates (collectively “Obie”, “us”, “we”, “our”), regarding your use of the applications offered by us through iPhones, Android phones and the internet (the “Obie App”),our website, obiehealth.com (“Website”), or any other element of our service (together with the Obie App and the Website the “Services”). Obie has the right to refuse registration of, or cancel your user account in its discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that Obie has the right to terminate or limit your account in the event that Obie determines, in its sole discretion, that you have violated the policies of the Services including by activities that adversely affect the experience of other users.
You Must Be Eligible to Use Our Services.
To be eligible to use the Services (i) you must be at least 16 years old, (ii) you must agree to be bound by these Terms. If you do not meet any and all of these criteria, please delete all Obie Apps from your systems and do NOT use the Services.
Any consideration of pregnancy, woman’s health or sexual relationships is very significant. While the Obie Services are offered to help you down this journey, they are not a substitute for mature evaluation of what is right for you. We strongly recommend that you not take any actions lightly, but particularly if you are less than 18 years old, we recommend that you consult with responsible adults who will help you think about the many aspects of such considerations.
Obie Does Not Offer Medical Advice.
The contents of the Obie App, the Website, and Services, including but not limited to text, graphics, images, advice, recommendations, any information provided by our medical partners, sponsors, or business partners or any other information which you may obtain in connection with your use of the Services (“Contents”), are provided for your information only. These Contents do not constitute professional medical advice, diagnoses, or treatment, and you should not rely on them as such. Your physician has particular medical knowledge about you, your baby and your baby's health and should always be consulted if you have a medical emergency or questions about a medical condition. Your decision to rely on any information you obtain in connection with your use of the Services is at your sole discretion and risk. You should be aware that Obie does not promise any particular results, including conception or delivery, regardless of whether you follow all the recommendations contained in the Services, and Obie does not promise absolute precision in the information it provides you about your pregnancy and fetus or your baby. Similarly, the Obie App is not a substitute for natural family planning or contraception, and should be used along with other contraceptives. The Obie App also does not guarantee pregnancy or pregnancy prevention, nor does it guarantee that its prediction of your cycles will always be accurate.
What Obie is Providing.
Subject to your acceptance of these Terms, Obie grants to you a non-exclusive, non-transferable, revocable limited license to use the Obie App, the Services and related software and to display the results of such Services for your personal non-commercial use. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of Obie or its licensors.
Obie reserves the right to discontinue the Services or to change the content of the Services in any way and at any time, with or without notice to you, without liability.
Medical Emergencies.
If you think you may have a medical emergency, call 911 or your healthcare provider immediately.
Your Privacy and the Use of Your Data.
We recognize the importance of protecting the privacy of our users, particularly given the nature of that information.
You should be aware that Obie may collect and collate a variety of information regarding the use of the Services by you, and may cause the Service to communicate to Obie information about its operations even if you are not connected to the internet or a mobile service. Obie is the sole owner of all such information it collects. Collection and management of such information is governed by our Privacy Policy and Cookie Policy which are hereby made part of this agreement. As of January 1, 2020, the CCPA grants California residents some additional rights as well. Please see the Privacy Policy section for California residents for further information. Obie uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded through the Services or collected by Obie in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party "hackers" from illegally accessing our site and obtaining access to content or information thereon.
You should also be aware that we may from time to time disclose or transfer some of the information that you provide through your use of the Services as more fully described in our Privacy Policy. Please review our Privacy Policy for details; by agreeing to these Terms you are also agreeing to our Privacy Policy as if all of such policy were repeated here. If you do not want us to use your data as described in our Privacy Policy, please do NOT use the Services.
The Privacy of Others.
You may learn private information about other users through the Obie App, or choose to share information directly. You agree not to disclose information of other users that you may obtain through your use of the Services or otherwise to third parties or use such information for any purpose (including especially marketing purposes) without the other user’s consent. You agree to use another user’s information only in connection with the Services.
Intellectual Property.
All content, design, graphics, compilation, magnetic translation, digital conversion and other matters making up the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Obie or one of its affiliates. Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute or publish any part of the Services unless we expressly permit you to in these Terms.
Usage Rules.

be in violation of these Terms, any local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services;
reveal any personal information about another individual, including another person's address, phone number, e-mail address, or any information that may be used to track, contact or impersonate that individual;
create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
trick, defraud or mislead Obie or other users, especially in any attempt to learn sensitive account information such as passwords;
make improper use of Obie's support services or submit false reports of abuse or misconduct;
create or transmit unwanted electronic communications such as "spam," to other users or members of Services or otherwise interfere with other users' or members' enjoyment of the Services;
disparage, tarnish, or otherwise harm, in Obie’s opinion, Obie and/or the Service;
disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms ("PCMs"), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices;
copy or adapt the Services' software including but not limited to Flash, PHP, HTML, JavaScript or other code;
reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services;
except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
cover or obscure any notice, banner, advertisement or other branding on the Services;
interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Services; or

We do NOT Make Warranties Regarding the Services.
Other than as expressly set out in this agreement, neither Obie nor any of our affiliates make any promises about the Services. We disclaim all warranties express or implied and all services are provided “as-is”. Obie makes no commitments about the reliability, availability, or security of the Services or their ability to predict your cycles and related transmission of sensitive data other than that it will use commercially reasonable efforts to protect your information as described in our Privacy Policy.
THE SERVICES AND THE WEBSITE (INCLUDING ANY MOBILE APPLICATION) IS PROVIDED BY OBIE ON AN “AS IS” BASIS. OBIE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OBIE APP, THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON ANY OBIE APP OR THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OBIE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OBIE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON ANY OBIE APP OR THE WEBSITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
POTENTIAL UNAVAILABILITY. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. OBIE SHALL NOT BE LIABLE FOR ANY FAILURE OF THE OBIE APP, THE WEBSITE OR THE SERVICES. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND OBIE’S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). YOU AGREE THAT OBIE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES. Obie is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or applications on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Obie App, usage of the Website and/or in connection with the Services. Under no circumstances will Obie be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone's use of the Obie App, the Website, the Services, any content or third party applications, software or content posted on or through the Obie App, the Website or the Services or transmitted to users, or any interactions between users of the Services, whether online or offline.
Obie does not control or endorse the content, messages or information provided by users of the Services, including in any chat or forum features, or external sites that may be linked to or from a Obie product or its forum and, therefore, Obie specifically disclaims any responsibility with regard thereto.
The Services may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
Limitation of Our Liability.
Your use of the Services and the content of the Services is at your own risk. Obie and its partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on the Obie App or the Website. In particular, but without limitation, you are agreeing that Obie is not liable under any theory of law for any compensatory, indirect, special, incidental, punitive or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, failure to predict your cycles, any information or advice found on our site or in the Obie App, or any aspect of your relationship with a spouse, partner, or other third party, whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Our Services would not be provided without these limitations and if you do not agree to these limitations, please do not use the Services. No advice or information you obtain from us through the Services or in support of the Services shall create any warranty, representation or guarantee not expressly stated in these Terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so certain of the above limitations and exclusions may not apply to you. In the event, that notwithstanding the foregoing, Obie is found to have a liability to you, you agree that its aggregate liability for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Obie, with respect to the Obie App, use of the Website and/or the Services, or One Hundred dollars, if greater. In addition, you specifically agree and acknowledge that Obie is not liable for the content submitted by any other user, or any defamatory, offensive or illegal conduct of a third party.
Third Party Rights.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Obie only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Protection of Your Account Information.
Each user of the Services is responsible for taking all reasonable steps to ensure that no unauthorized person has access to his or her passwords or accounts.
Complete Agreement Between You and Us.
Except as expressly provided, these Terms constitute the entire agreement between you and Obie with respect to the use of Obie Apps, the Website and/or the Services. Your use of the Services is also subject to our Privacy Policy.
How We Handle Disputes.
If a dispute arises between you and Obie, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact us to resolve your problem directly with us. You may contact us regarding any complaints or disputes through the contact link on our website or writing us at our address listed on our website.
Arbitration Provision.
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR SERVICE, WEBSITE, OR THE OBIE APP.
Except as explicitly provided in these Terms, you hereby waive any right to a trial in any court in front of a jury or judge and any right to bring or participate in any “class action” suits. You agree that any dispute or claim relating in any way to your use of the Obie App, the Services, a product offered or provided by or through the Services, or otherwise arising out of or relating to these Terms that cannot be resolved directly between you and Obie shall be resolved by non-appearance based binding arbitration. Except as otherwise provided in these Terms, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award an individual the same damages and relief as a court and must apply and follow these Terms as a court would.
Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the “AAA”) pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”). The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Obie will pay all arbitration fees and expenses. You and Obie each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action.
The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms. We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Obie or our partners pending the completion of the arbitration.
Jurisdiction and Complete Agreement
These Terms are governed by the laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
How You Can Contact Us.
If you have questions or concerns, you should contact us through the contact link on our website or writing us at our address listed on our website.
Indemnification.
You agree to indemnify and hold Obie (and any employee, officer, director or affiliate of Obie, each a "Company Person") harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, the violation of these Terms by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any content posted through the Services by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Obie or any Company Person. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.
Term and Termination.
Unless terminated by Obie, these Terms will remain in full force and effect while you use any of the Services. Subject to the last sentence of this Section, you may terminate the agreement reflected in these Terms at any time by deleting the Obie App from your computer and from any mobile device on which you have installed any element of the Services and ceasing to use the Services. Obie may terminate these Terms with respect to you at any time, particularly if you violate any provision of these Terms. Any termination of these Terms shall also terminate the licenses granted hereunder. Upon termination of these Terms for any reason, you shall destroy and remove from all computers, and other storage media all copies of any intellectual property owned by Obie. Obie shall have the right to inspect and audit your facilities to confirm the foregoing. If you or Obie terminate the agreement reflected in these Terms, or if Obie suspends your access to the Services, you agree that Obie shall have no liability or responsibility to you and Obie will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Your representations, the Indemnity section, the Dispute Resolution section, the Liability Limitation section and any other provision which by their nature are designed to survive termination shall survive any termination or expiration of these Terms.
Miscellaneous.
Obie operates and controls the Services from its offices in the United States. Obie makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Obie to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Obie App may be subject to United States export controls. Thus, the Obie App may not be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Terms by destroying the Obie App and Service-related materials obtained from the Services, Obie or any other website or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Obie if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. You may not assign these Terms without our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Obie's request, you will furnish Obie any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Obie by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Complaints or Notices.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in the Apps, the website or through the Services in a way that may constitute copyright infringement, you may provide notice of your claim to the Company as outlined in the Company’s Copyright Policy. If You believe that any material on or in the Apps, the website or through the Services violates these Terms, please notify the Company as soon as possible by contacting us through the contact link on our website with “attn: copyright” included in the email subject line or by writing to us at our address listed on our website, with “Attn: copyright” included in the mailing address.
Statute of Limitations. You and Obie both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
No Third Party Beneficiaries. These Terms are between you and Obie. No user has any rights to force Obie to enforce any rights it may have against any you or any other user.
Government Use. If you are a part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a "commercial item," "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.