Terms & Conditions

I. Introduction

1.01. By accessing or using GoKidu’s Services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), including our PRIVACY POLICY, Cookie Policy, Account Termination Process, Member Code of Conduct, and any End User License Agreement(s) (EULAs), so It is important that you read this Agreement and these policies and procedures carefully before you create an account or access the site.

PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION XVIII (18) BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS OR DISPUTES WILL BE ADDRESSED BETWEEN YOU AND GOKIDU. THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. 

1.03. We may update the Terms from time to time, so check this page regularly for updates

1.04. As used in this Agreement, the term “GoKidu” shall refer to GoKidu, Inc. Together you and GoKidu may be referred to as the “Parties” or each may be referred to in an individual capacity as “Party.”

1.05. By accessing or using GoKidu Services on www.gokidu.com (the “Website”), the GoKidu mobile application (“App”), or any other platforms GoKidu may offer (collectively, “Services” or individually “Service”), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless ofmembership, registration or subscription status.

1.06. Your access and use of GoKidu’s Services are also subject to the Privacy Policy, any Cookie Policy, Member Code of Conduct, EULA(s) and any terms disclosed and agreed to by you when you purchase additional features, products, or services from GoKidu or any GoKidu affiliates when accessed through the App or Website (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.

1.07. We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a material change to the Terms via e-mail or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately except to the furthest extent necessary to terminate your account and any related Services.

1.08. In consideration of the mutual promises contained herein and with the intention of being legally bound hereby, you and GoKidu agree as follows:

II. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES

Before you create an account on the Website or in the App, make sure you are eligible to use our Services. 

This Section also details what you can and can’t do when using the Services, as well as the rights you grant GoKidu.

2.01. You are not authorized to create an account or use the Services unless all the following are true, and by using our Services, you represent and warrant that: 

  1. You are at least 18 years old;
  2. You are legally qualified to enter a binding contract with GoKidu;
  3. You read and agree to follow the Member Code of Conduct;
  4. You are an individual unaffiliated with any egg bank, agency, or in the business of assisted reproduction and its attendant industries and are only interested in donating or receiving sperm, eggs, and embryos, or any combination of the aforementioned or any legally acceptable form of surrogacy.
  5. 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;
  6. You are not on any list of individuals prohibited from conducting business with the United States;
  7. You are not prohibited by law from using GoKidu’s Services;
  8. You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a nonviolent crime and we have determined that you are not likely to pose a threat to other users of our Services;
  9. You are not required to register as a sex offender with any state, federal or local sex offender registry;
  10. You do not already have an account registered with one of GoKidu’s Services;
  11. You have not previously been removed from GoKidu’s Services or GoKidu’s affiliates’ services by GoKidu or our affiliates, unless you have our express written permission to create a new account.

2.02. If at any time you cease to meet the above requirements, all authorization to access GoKidu’s Services, Website, App, or systems is automatically revoked, and you must immediately delete your account. Also, GoKidu retains the right to remove your access to Gokidu’s Services without warning. 

2.03. You agree to: 

  1. Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
  2. Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
  3. Use the latest version of the Website and/or App;
  4. Treat other users in a courteous and respectful manner, both on and off the App and Website and abide by our Member Code of Conduct;
  5. Be respectful when communicating with any of GoKidu’s customer care representatives or other employees;
  6. Maintain a strong password and take reasonable measures to protect the security of your login information; and
  7. Only add profile information and images that will represent yourself accurately and authentically; [Profile specifics do not have to be entered such as when creating an anonymous profile, but any specific information entered must be accurate to the actual member. Members may use a non-human image if they do not wish to use their real photo, but images of models or of someone other than the member be that person real or artificial are not permitted.]
  8. Only provide GoKidu with a valid (original, current at the time of verification and unaltered) government-issued photo ID when creating a “verified” account and an accurate and current photograph of yourself.

2.03. You agree that you will not:

  1. Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity or any information that you choose to disclose;
  2. Use the Services in a way that damages the Services or prevents their use by other Members;
  3. Use our Services in a way to interfere with, disrupt or negatively aAect the platform, the servers, or our Services’ networks;
  4. Use our Services for any harmful, illegal, fraudulent or nefarious purpose;
  5. Sell or pay for genetic material,
  6. Sell or pay for the relinquishment of parental rights to any child(ren);
  7. Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
  8. Use our Services for dating, cultivating romantic relationships or relationships of a sexual nature (No state in the U.S. considers a sexual act that results in reproduction to be an act of donation and any Member that participates in natural insemination or partial natural insemination could be held liable for child support, or any other obligations of any resulting children);
  9. Contact another member for any purpose other than private sperm, egg, or embryo donation or surrogacy as stated on that Member's profile.
  10. Post or share Prohibited Content (see below);
  11. Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
  12. Use another Member’s account; or
  13. Violate the terms of the license granted to you by GoKidu (see Section VII (7) below).
  14. Disclose private or proprietary information that you do not have the right to disclose;
  15. Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or GoKidu’s Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without GoKidu’s prior written consent;
  16. Express or imply that any statements you make are endorsed by GoKidu;
  17. Use the GoKidu app, profile, or forums to promote any other websites, groups, products, or services without express written permission from GoKidu prior to posting any information.
  18. Use any robot, crawler, site search/retrieval application, script, program, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” “scrape,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
  19. Upload viruses or other malicious code or otherwise compromise the security of our Services;
  20. Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
  21. “Frame” or “mirror” any part of our Services without GoKidu’s prior written authorization;
  22. Use meta tags or code or other devices containing any reference to GoKidu or the platform (or any trademark, trade name, service mark, logo or slogan of GoKidu) to direct any person to any other website, platform, server, computer, or database for any purpose;
  23. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause or allow others to do so;
  24. Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
  25. Use, access, or publish the GoKidu application programming interface without our written consent;
  26. Probe, scan or test the vulnerability of our Services or any system or network;
  27. Encourage, promote, or agree to engage in any activity that violates these Terms; or
  28. Create a new account after we suspend or terminate your account, unless you receive our express permission.

2.03. The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.

2.03. The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above. 

2.04. Prohibited Content—GoKidu prohibits uploading or sharing content that:

  1. Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
  2. Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
  3. Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
  4. Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
  5. Is defamatory, libelous, or untrue;
  6. Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy,” “sugar mama,” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
  7. Involves the transmission of “junk” mail or “spam”;
  8. Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from GoKidu or otherwise;
  9. Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
  10. Was not written by you or was automatically generated, unless expressly authorized by GoKidu;
  11. Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;
  12. Is inconsistent with the intended use of the Services; or
  13. May harm the reputation of GoKidu or its affiliates.

2.05. The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account. 

Members who are administrators or moderators of other donation sites or lists may be removed at any time at the sole discretion of GoKidu as is seen in the best interest of the GoKidu community. 

III. ACCESSIBILITY CONCERNS

3.01. Gokidu is committed to ensuring everyone has access to our Services. If you are one of many adults that may have difficulty accessing or using any of our Services due to a need for alternative or additional accessibility accommodations, please contact us at info@gokidu.com with the subject “Access.” 

IV. CONTENT RIGHTS AND RESPONSIBILITIES

It is important that you understand your rights and responsibilities regarding the Content on Gokidu’s App and Website and included in Gokidu’s Services, including any Content you provide or post. You are expressly prohibited from posting Prohibited Content as defined above. 

While using our Services, you will have access to: (i) Content that you upload or provide while using our Services (“Your Content”); (ii) Content that other users upload or provide while using our Services (“Member Content”); and (iii) Content that GoKidu provides on and through our Services (“GoKidu Content”). In this Agreement, “Content” includes, without limitation, all text, images, video, audio, or other material from our Services, including information on users’ profiles and in direct messages between users.

4.01. YOUR CONTENT 

  1. You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or GoKidu to legal liability.
  2. You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
  3. You represent and warrant to GoKidu that the information you provide to us or any other user or Member is accurate, including any information submitted through any third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
  4. The content included on your individual profile should be relevant to the intended use of GoKidu’s Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/ debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
  5. Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other Members, and, notwithstanding these Terms, other Members may share Your Content with third parties. By uploading Your Content, you represent and warrant to GoKidu that you have all necessary rights and licenses to do so and automatically grant GoKidu a license to use Your Content as provided under Section VII (7) below.
  6. You understand and agree that GoKidu may monitor or review Your Content, and GoKidu has the right to remove, delete, edit, limit, block, or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand and agree that GoKidu has no obligation to display or review Your Content and though GoKidu will act within a reasonable amount of time to remove Your Content GoKidu shall not be responsible should you purposefully or accidentally upload Content for display that you later decide should be removed.

4.02. MEMBER CONTENT  

  1. While you will have access to other Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.
  2. Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user
  3. You do not have any rights in relation to Member Content, and, unless expressly authorized by GoKidu, you may only use Member Content to the extent that your use is consistent with GoKidu’s Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

4.03. OUR CONTENT  

  1. GoKidu owns all other content on our Services.
  2. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark, common law, and other intellectual property law rights. All rights, title, and interest in and to GoKidu’s Content remains with GoKidu at all times.
  3. We grant you a limited license to access and use GoKidu’s Content as provided under Section VII (7) below, and we reserve all other rights.

V. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING
 

5.01. GoKidu is committed to maintaining a positive and respectful community, and does not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). Please report any inappropriate Member Content or misconduct by other users. You can report a Member directly by sending an email to info@gokidu.com including a 1) description of the inappropriate Member Content and/or misconduct, 2) the Member’s username, and 3) the approximate date when you first saw the inappropriate Member Content or when the misconduct occurred, and 4) the words “MISCONDUCT REPORT” in the subject line.

5.02. As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates’ services, and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy or legal rights of GoKidu or our other users.

5.02. Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 13 (Digital Millennium Copyright Act) below.

VI. PRIVACY

6.01.Your privacy is important to GoKidu. Please read our separate Privacy Policy which contains information about how GoKidu and its affiliates collect, use, and share your personal data. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy

VII. RIGHTS YOU ARE GRANTED BY GOKIDU

7.01.GoKidu grants you the right to use and enjoy our Services, subject to these Terms. For as long as you comply with these Terms, GoKidu grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non- sublicensable license to access and use our Services for purposes as intended by GoKidu and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.

VIII. RIGHTS YOU GRANT GOKIDU

You own all the content you provide to GoKidu, but you also grant us the right to use Your Content as provided in this Agreement. 
8.01.By creating an account, you grant to GoKidu a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from other third- party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. GoKidu’s license to Your Content shall be non-exclusive, except that GoKidu’s license shall be exclusive with respect to derivative works created through use of our Services. For example, GoKidu would have an exclusive license to screenshots of our Services that include Your Content.

8.02.In addition, so that GoKidu can prevent the use of Your Content outside of our Services, you authorize GoKidu to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. GoKidu is not obligated to take any action regarding use of Your Content by other users or third parties. GoKidu’s license to Your Content is subject to your rights under applicable law and the Privacy Policy (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).

8.03.In consideration for GoKidu allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to GoKidu regarding our Services, you agree that GoKidu may use and share such feedback for any purpose without compensating you.

8.04.. You agree that GoKidu may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of GoKidu or any other person.

IX. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS

You will have the opportunity to purchase products and services from GoKidu. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel. 
9.01.GoKidu may offer products and services for purchase through external services authorized by GoKidu (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). GoKidu may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

9.02.Because some of our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section X (10).

9.03.GoKidu operates a global business, and our pricing varies. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.

9.04. INTERNAL PURCHASES AND SUBSCRIPTIONS  

  1. Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel. If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize GoKidu to charge the payment method you provide (your “Payment Method”). GoKidu may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback, cause a payment to fail or otherwise reverse a payment made with your Payment Method, GoKidu may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a GoKidu subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Service at info@gokidu.com. 

    If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and period you agreed to when subscribing, until you cancel.
  2. To cancel a subscription, you can (1) log in to the Website or App and go to the Settings page, and then click on “Subscriptions”, and follow the instructions to downgrade; or (2) open the Android App and go to the Settings page, then click on Purchases and follow the instructions to downgrade. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
  3. You may edit your Payment Method information by using the Settings tool. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
  4. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. Certain users may be entitled to request a refund. See Section 9.05, below, for more information.

9.05. REFUNDS 

  1. Generally, all purchases are nonrefundable. Special terms apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin, and the EU, EEA, UK, and Switzerland.
  2. Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
  3. For subscribers residing in the EU, EEA, UK, and Switzerland: In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
  4. For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin: Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.
  5. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocatable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocatable to the period after your disability by providing GoKidu notice in the same manner as you request a refund as described below.
  6. If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not GoKidu. To request a refund, please contact your External Service directly; for example using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at https://getsupport.apple.com. For any other purchase, please contact GoKidu Customer Service with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which states that you, “the buyer, are canceling this Agreement,” or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: info@gokidu.com, Attn: Cancellations.

9.06. DONOR REIMBURSEMENTS
GoKidu provides payment Services to Members related to gamete (sperm or ova) or embryo donations. These Services are designed to assist Members with reimbursing donors for requested medical reports, shipping and travel costs, missed work, and any other miscellaneous expenses they may incur while providing their donation. GoKidu also provides contract templates to provide you with a written record of your arrangement and take the guess work out of the exchange of services and genetic material which can be further enhanced by consulting an attorney. To access and use the templates, you must agree to the terms and conditions outlined in the appropriate End User License Agreement.

  1. Donor Reimbursements may include all steps below: 
    I. Payment Request: Donor will request a payment from the receiver for any receiver approved expenses. Expenses must be approved in advance by receiver to avoid unnecessary loss by donor and to ensure both parties remain aware of the financial obligations and expectations throughout any donation arrangement. 
    II. Authorization Hold: An authorization hold will be placed on receiver’s payment method of choice such as credit card, debit card, bank account or PayPal account, or digital wallet. Cash is currently not an acceptable form of receiver payment due to GoKidu’s inability to verify the existence of cash funds for payment and, to the furthest extent possible, facilitate honest and valid transactions. 
    III. Delivery Verification: After the donor has provided the donated genetic material, donor will initiate delivery verification. At that time, the receiver will either accept or reject delivery with the following consequences. 
    i. Acceptance: Full payment is released to donor via donor’s payment method of choice such as credit card, debit card, bank account or PayPal account, or digital wallet. 
    ii. Rejection: Payment is not released to donor. Donor will be asked by GoKidu to provide proof of delivery or will instruct donor to complete delivery. If donor provides proof of delivery to GoKidu’s satisfaction, GoKidu will release full payment to donor. If donor does not provide proof of delivery that meets GoKidu’s standards or does not complete the delivery within forty-eight (48) hours of the initial request for Delivery Verification, then the receiver may request a refund. (PLEASE NOTE: Rejection of a delivery cannot be based on quality or amount of donated specimen. Nor can verification be withheld by Receiver based on any outstanding specimen analysis.)
  2. If donor and receiver present GoKidu with conflicting claims for payment(s) or refund(s) regarding any Donor Reimbursement transaction(s) and the claims remain contested for at least ninety (90) days, GoKidu reserves the right, at its discretion, to interplead said funds into the court of appropriate jurisdiction. The Donor and Receiver shall be equally responsible and liable to GoKidu for any costs associated with filing an interpleader action with any court of appropriate jurisdiction. As such, any filing fees and costs associated with the filing of an interpleader action shall be split in half and both donor’s and receiver’s respective payment methods shall be charged.
  3. To use the payment Services, you must have a GoKidu account in good standing in accordance with these Terms and must keep your payment and personal information accurate and complete.
  4. If you choose to use the payment Services, you do so voluntarily and at your own and sole risk. To the maximum extent permitted by law, the payment Services are provided “as is,” without warranty of any kind, either express or implied and GoKidu shall not be responsible for any payments incorrectly disbursed or withheld which are based upon incorrect, inaccurate, intentionally misleading, fraudulent or otherwise erroneous information provided by any Member.

X. ACCOUNT TERMINATION

If you no longer wish to use our Services, or if we terminate your account for any reason: 
10.01.You can delete your account at any time by App > Profile > Settings > Delete my account , and following the instructions to terminate your membership. However, you will need to cancel/manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing. 
10.02.GoKidu reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if GoKidu believes that you have violated these Terms, misused our Services, or behaved in a way that GoKidu regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services. 
10.03.If your account is terminated by you or by GoKidu for any reason, these Terms continue and remain enforceable between you and GoKidu, and subject to Section 9.05, you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy. 
10.04.Please be advised, account deletion is not automatic and may be subject to technological and procedural constraints. Once a request to delete an account is received, GoKidu will act expeditiously to remove the account and subject to GoKidu’s legal rights and obligations and the Privacy Policy remove any account-associated data and if applicable, refund any monies then due.

XI. NO CRIMINAL BACKGROUND CHECK

Currently, GoKidu does not conduct criminal background checks. Use your best judgment when interacting with others.

11.01.YOU UNDERSTAND THAT GOKIDU DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. GOKIDU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF MEMBERS. GOKIDU RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE GOKIDU TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF GOKIDU DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE GOKIDU TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

11.02.YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY GOKIDU, MAY RESULT FROM MEMBERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

Though GoKidu strives to encourage a respectful Member experience, it is not responsible for the conduct of any Member on or off the Service. You agree to use caution in all interactions with other users or Members, particularly if you decide to communicate off the Service or meet in person.

XII. ASSUMPTION OF THE RISK

12.01.Members are solely responsible for any taxes or tax credits as a result of any reimbursements received or made while using GoKidu Services. Further, these Terms do not instruct the Members on the issue of taxation of any reimbursements received through GoKidu Services or while performing any donation or surrogacy related services, and these Terms are not dependent on any particular tax characterization of any reimbursement made hereunder. The Members acknowledge that they were advised by GoKidu to consult with a competent tax specialist to determine their own tax related responsibilities and duties.

12.02.Informed consent, advice, or information for all medical procedures is the individual responsibility of the Member undergoing any medical procedures. Each Member represents that he/she/they was or were informed by GoKidu to consult with medical, legal, and mental health professionals; had the opportunity to be informed about known medical, legal, and psychological risks; that each had the opportunity to be informed about possible unknown risks and benefits of undergoing any medical procedures contemplated by the use of GoKidu’s Services (to the extent that one can be informed of unknown risks), and each Member is not relying upon any other Member’s or GoKidu’s representations regarding such risks. Each Member also agrees to assume all medical, financial, and psychological risks and to release GoKidu, GoKidu’s attorney(s), and other professionals contemplated in the use of any Services herein and/or involved in any aspect of the use of any Services, and each said person’s or entity’s agents and employees, from any legal liability except professional malpractice (malfeasance or negligence).

XIII. DISCLAIMERS

GoKidu’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.

13.01.GOKIDU PROVIDES SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

13.02.GOKIDU DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, GOKIDU MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE MEMBERS AT ANY TIME; MEMBERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

13.03.GOKIDU ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER, MEMBER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES; NOR DOES GOKIDU ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY MEMBERS OR USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH GOKIDU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. GOKIDU IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

13.04. MEMBERS UNDERSTAND AND AGREE THAT GOKIDU SHALL NOT GUARANTY OR WARRANT ANY OF THE FOLLOWING:

  1. THAT ANY OF MEMBER WILL COMPLY WITH THE TERMS AND CONDITIONS OF ANY AGREEMENT THAT YOU ENTER WITH THAT MEMBER;
  2. THE SUCCESS OR OUTCOMES OF ANY AGREEMENT BETWEEN MEMBERS;
  3. THAT ANY DONOR OR MEMBER WILL, IN FACT, PRODUCE ANY EGGS OR SEMEN;
  4. THAT ANY MEMBER WILL IN FACT BECOME PREGNANT AND CARRY A CHILD TO TERM;
  5. THAT ANY DONOR CONCEIVED CHILD, IF CONCEIVED, WILL BE PHYSICALLY AND MENTALLY HEALTHY AND FREE OF CONGENITAL DEFECTS;
  6. THAT VERIFIED MEMBERS PROVIDED ACCURATE INFORMATION AND PHOTOGRAPHS TO GOKIDU TO VERIFY THEIR IDENTITY AND THAT EACH VERIFIED MEMBER IS TRULY WHO THAT MEMBER CLAIMS TO BE;
  7. THAT ANY DOCUMENT THAT YOU PROVIDE TO GOKIDU TO BE CENSORED OR REDACTED WILL BE COMPLETELY REDACTED OR CENSORED THOUGH GOKIDU WILL MAKE EVERY EFFORT TO DO SO.

XIV. DIGITAL MILLENNIUM COPYRIGHT ACT

GoKidu takes copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.

14.01. GoKidu has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit GoKidu to locate the material;
  3. Information reasonably sufficient to permit GoKidu to contact you, such as an address, telephone number, and, if available, an electronic mail;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  5. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

14.02.Any DMCA Takedown Notices should be sent to info@gokidu.com. GoKidu will terminate the accounts of repeat infringers.

XV. ADS AND THIRD-PARTY CONTENT

15.01.Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. GoKidu may also provide non-commercial links or references to third parties within its content. GoKidu is not responsible for the availability (or lack of availability) of any external websites or resources or their content.

15.02.Furthermore, GoKidu is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. GoKidu is not responsible or liable for such third parties’ terms or actions.

XVI. LIMITATIONS OF LIABILITY

GoKidu’s liability is limited to the maximum extent allowed by applicable law.

16.01. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOKIDU, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, Page 18 of 22 WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY MEMBERS, USERS, OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF GOKIDU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOKIDU’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO GOKIDU FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST GOKIDU, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

16.02.THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION XVI (16) SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

16.03.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

XVII. GOVERNING LAW

17.01.These Terms shall be deemed to be entered by the Parties in the State of California or at a United States Consulate and/or its territories, and all questions concerning the validity, interpretation, and/or performance of any of these Terms or provisions, or of any rights or obligations of the Parties hereto, shall be governed by, and resolved in accordance with the laws of the State of California.

XVIII. DISPUTE RESOLUTION: ARBITRATION AGREEMENT

18.01.In consideration for the Services provided and the exchange of mutual promises, rights, and/or obligations above, the Parties agree to the following arbitration provisions.

18.02.Arbitration of future disputes.

  1. Scope, Governing Rules. Any dispute, controversy or claim arising out of, relating to, or in connection with these Terms, including  any question regarding the  including any question regarding the formation, interpretation, performance, breach, termination, termination, validity or enforceability thereof shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, Due Process Protocols, and Mediation Procedures (“Consumer Rules”) including, if appropriate, the Procedures for Mass Arbitration or Mass Arbitration Supplementary Rules. Should the Consumer Rules not allow for dispositive motions, the Parties also agree to allow for the use of dispositive motions (e.g. motions to dismiss, for summary judgment, partial summary judgment, to strike, quash, etc.) in accordance with the typical judicial procedures of any court of competent jurisdiction (court that would otherwise here the case but for the arbitration) in the Seat of Arbitration as defined in Paragraph (e) below. In the absence of the AAA or Consumer Rules (be they inapplicable or non-existent), the Federal Arbitration Act and the California Arbitration Act shall apply and control.
  2. Authority of Tribunal, Judicial Review. The award rendered by the arbitrator[s] shall be reviewable only in so far as the Consumer Rules allow and shall be binding on the Parties when the period allowed for review in the Consumer Rules elapses and may be entered and enforced in any court having jurisdiction[, and any court where a Party or its assets is located (to whose jurisdiction the Parties consent for the purposes of enforcing the award)]. [Judgment on the award shall be final and non- appealable.]
  3. There Shall Be Three Arbitrators. The Parties agree that one arbitrator shall be appointed by each Party within twenty (20) days of receipt by respondent[s] of the Request for Arbitration or in default thereof appointed by the AAA in accordance with its Consumer Rules, and the third presiding arbitrator shall be appointed by agreement of the two Party-appointed arbitrators within fourteen (14) days of the appointment of the second arbitrator or, in default of such agreement, by the AAA.
  4. Consolidation and Joinder. If more than one arbitration is commenced under this Agreement and any Party contends that two or more arbitrations are substantially related and that the issues should be heard in one proceeding, the arbitrator[s] selected in the first-filed proceeding shall determine whether, in the interests of justice and efficiency, the proceedings should be consolidated before [that/those] arbitrator[s]. Related Parties are bound to each other by this arbitration clause, provided that they are subject to these Terms. Each Related Party may be joined as an additional Party to an arbitration involving other Parties under these Terms.
  5. Seat Of Arbitration, Location, and Languages. The seat of arbitration shall be New York, New York in the United States and the location/venue shall be New York, New York or any location agreed upon in a writing signed by the Parties to the arbitration. Whenever practicable, the arbitration may be conducted remotely via any acceptable video conference software applications available to and agreed upon by the Parties. The arbitration shall be conducted, and the award shall be rendered in the English language.
  6. Confidentiality. Except as may be required by law, neither a Party nor the arbitrator[s] may disclose the existence, content or results of any arbitration without the prior written consent of all Parties to the arbitration, unless to protect or pursue any legal right(s) that require the revocation of said confidentiality and only to the furthest extent required to exercise the legal right(s).
  7. Remedies. The arbitrator[s] will have no authority to award Damages exceeding the amount prescribed by law for the particular claim(s) arbitrated.

XIX. VENUE/FORUM SELECTION

19.01.Any action, mediation, or arbitration shall be initiated in New York, New York.

XX. INDEMNITY BY YOU

You agree to indemnify GoKidu if a claim is made against GoKidu due to your actions.

 20.01. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless GoKidu, our affiliates, and their and our respective officers, directors, agents, and employees from and against any complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, your Content, our Content, Member Content, your conduct toward other Members or users, or your breach of this Agreement.

XXI. ACCEPTANCE OF TERMS

By using our Services, you accept the Terms of this Agreement.

21.01.By using our Services, whether through a mobile device, mobile application, computer, or other electronic device, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Cookie Policy, Member Code of Conduct, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all the terms of this Agreement, you are not entitled to use our Services.

21.02.All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural as the identity of the entities or persons referred to any require.

XXII. ENTIRE AGREEMENT

This Agreement supersedes any previous agreements or representations.

22.01.These Terms, with the Privacy Policy, Cookie Policy, Member Code of Conduct, and any Additional Terms Upon Purchase, contain the entire agreement between you and GoKidu regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral.

XXIII. SEVERABILITY

23.01.If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of GoKidu to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

XXIV. ASSIGNABILITY

24.01.You agree that your GoKidu account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind GoKidu in any manner.

XXV. SPECIAL STATE TERMS

Special terms apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.

For Members residing in New York:

How your information is used and how you may access your information is set forth in our Privacy Policy.

For subscribers residing in North Carolina:

You may review the North Carolina Buyer’s Rights here.

For subscribers residing in Illinois, New York, North Carolina, and Ohio:

Our Services are widely available in the United States—if you believe that you have moved outside a location where we provide the Services, please contact us by email at info@gokidu.com and we will work with you to provide alternative services or a refund.

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:

25.01.Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing GoKidu notice in the same manner as you request a refund as described above in Section 9.05.