Terms & Conditions

These terms and conditions of use (the “Terms”) govern your access to and use of the StepOne Fertility website located at https://beafertility.com/ (the “Site”) and all related content, functionality, products, and services (collectively, the “Services”).

• StepOne Fertility, Inc. (“Company,” “we,” “our,” or “us”) is a Delaware corporation that owns and operates the Site and provides non‑clinical administrative and technology services.
• StepOne Fertility, P.C. (“Professional Corporation” or “PC”) is a physician‑owned professional corporation that provides clinical telehealth services solely within the State of New York.

Company and PC are referred to collectively as “StepOne Fertility” unless the context requires otherwise.

By clicking “Accept” or by accessing or using the Site or Services, you agree to be bound by these Terms, our Privacy Policy, and the PC’s Notice of Privacy Practices. If you do not agree, do not access or use the Site or Services. 

1. Privacy Practices

Your information is governed by (i) the StepOne Fertility, Inc. Privacy Policy (publicly available on the Site) and (ii) the StepOne Fertility, P.C. Notice of Privacy Practices (displayed in the secure patient portal during onboarding and available on request). StepOne Fertility, Inc. acts as a Business Associate of StepOne Fertility, P.C. and complies with HIPAA’s Security and Privacy Rules, including breach‑notification obligations under 45 C.F.R. §§ 164.400–414.

2. No Medical Care or Advice by StepOne Fertility, Inc.

StepOne Fertility, Inc. does not practice medicine and does not provide medical advice. All clinical care is furnished exclusively by licensed Providers employed by or contracted with StepOne Fertility, P.C. Providers—not the Company—are solely responsible for the quality and appropriateness of the care they render.

3. Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. The Services are not intended for emergent or urgent care.

4. Telehealth Consent & Risks

By using telehealth Services you (a) consent to receive care via audio, video, messaging, file transfer, and remote monitoring technologies; (b) understand the potential benefits and limitations of telehealth, including technology failures, delayed evaluation, and limited physical examination; (c) may withdraw consent at any time without affecting future care; and (d) may access in‑person medical care instead of telehealth if you prefer.

5. Prescription Policy

StepOne Fertility, P.C. does not prescribe medications through the Services. Coaching and device guidance do not include prescriptions.

6. Eligibility & Service Area – New York Only

You must be at least 21 years old and physically located in New York State during any telehealth encounter to use the clinical Services.

7. Products (FDA‑Cleared At‑Home Insemination Device)

7.1 Description & Regulatory Notice The StepOne Fertility insemination device (the “Product”) is FDA‑cleared and intended only for the indications stated in its Instructions for Use (“IFU”). Read the full IFU, contraindications, warnings, and precautions enclosed in each kit before use. Do not use the Product if any contraindication applies.

7.2 Order Acceptance Your order is an offer. We may accept or reject any order in our sole discretion. Acceptance occurs only when we email a shipping confirmation.

7.3 Shipping Restrictions – New York Only
We ship exclusively to addresses within the State of New York. We do not ship to California or any other state or jurisdiction. Title and risk of loss pass to you when we deliver the Product to the carrier.

7.4 Pricing & Payment
Prices are quoted in U.S. dollars. Payment is processed through Shopify Payments (Stripe). We accept debit/credit cards and FSA/HSA cards. All charges are cash‑pay; insurance is not accepted.

7.5 Return Policy (14 Days)
Unopened Products with an intact hygiene seal may be returned within 14 calendar days of delivery for a refund of the purchase price. Shipping charges are non‑refundable and you bear return shipping costs unless the Product is defective.

7.6 Defective Products
If a Product is defective, email support@beafertility.com within 14 days of delivery. Our sole obligation is, at our choice, to replace the Product or refund the purchase price.

8. Not an Insurance Product

StepOne Fertility, Inc. and StepOne Fertility, P.C. are not insurers. The Services and Products are not insurance products, and the amounts you pay are service fees, not insurance premiums.

9. Subscription Program & Automatic‑Renewal Disclosures

• Initial Term. Enrollment begins with a three‑month program (“Initial Term”). You may pay the full amount upfront or in three equal monthly installments.
• Auto‑Renewal. After the Initial Term, the subscription automatically renews month‑to‑month at the then‑current monthly rate until canceled.
• Cancellation. Cancel at any time effective at the end of the current billing period by (a) emailing support@beafertility.com, (b) using the “Cancel Subscription” link in your account portal, or (c) calling (978) 731‑9965.
• Pre‑Renewal Reminder. We will email you a reminder 3–5 days before each monthly renewal with the amount and date of the upcoming charge.
• Refunds. No partial‑month refunds after a charge is processed.
• Easy Cancel Disclosure (NY GOL § 5‑903 et seq.). These terms are presented in bold, large font immediately above the purchase button, and the cancellation mechanism is available online without obstacles.

10. Appointment Cancellation & Refunds

Telehealth appointments may be canceled at least 24 hours before the scheduled start time for a full refund. Cancellations within 24 hours are non‑refundable.

11. Account Security & Acceptable Use

You are responsible for safeguarding your login credentials and for all activity under your account. Misuse of the Site or Services is prohibited.

12. Electronic Communications & Consent to Texts/Calls

By providing your email or phone number, you consent to receive communications (including SMS). Message/data rates may apply. Reply STOP to opt out of SMS.

13. Accessibility, Non‑Discrimination & Language Assistance

StepOne Fertility does not discriminate on the basis of race, color, national origin, disability, age, sex, sexual orientation, or gender identity. We provide reasonable accommodations for individuals with disabilities and free language‑assistance services. Call (978) 731‑9965 to request assistance.

14. Children’s Privacy (COPPA)

We do not knowingly collect personal information from children under 13. If we learn that we have done so, we will delete the information. Parents who believe their child has provided personal information may contact us at support@beafertility.com to request deletion.

15. Security & Data‑Breach Notification

We maintain administrative, technical, and physical safeguards designed to protect your information. If we discover a breach of unsecured protected health information, we will notify you and any required regulators in accordance with 45 C.F.R. §§ 164.400–414 and the NY SHIELD Act.

16. Disclaimer of Warranties

The site, services, and products are provided “as is,” “with all faults,” and “as available.” stepone fertility disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non‑infringement. we do not warrant that the site or services will be error-free or uninterrupted.

17. Limitation of Liability & Waiver of Injunctive Relief

To the fullest extent permitted by law, stepone fertility and its affiliates shall not be liable for any indirect, incidental, special, consequential, reliance, or punitive damages. our maximum aggregate liability for any claim is the greater of (i) us $10 or (ii) the amount you paid for the specific product or service. your sole remedy for dissatisfaction is to stop using the services. you agree not to seek injunctive relief that would restrain stepone fertility from providing the services.

18. Indemnification

You agree to indemnify and hold harmless StepOne Fertility, Inc., StepOne Fertility, P.C., their affiliates, and their respective directors, officers, employees, and agents from any third‑party claims and losses arising out of (a) your use or misuse of the Site, Services, or Products; (b) your breach of these Terms; or (c) your violation of any third‑party rights.

19. Dispute Resolution – Binding Arbitration (JAMS)

19.1 Agreement to Arbitrate Except for individual claims in small‑claims court, you and StepOne Fertility agree to resolve all disputes relating to the Site, Services, Products, or these Terms exclusively by binding arbitration administered by JAMS under its Consumer Arbitration Rules. This agreement is governed by the Federal Arbitration Act and is intended to be broadly interpreted.

19.2 Governing Law & Venue These Terms and any dispute are governed by the laws of the State of Delaware, without regard to conflict‑of‑law rules. Unless the parties agree otherwise, any arbitration hearing will be conducted by videoconference or, if required to be in person, at the JAMS office in New York, NY.

19.3 Class‑Action Waiver Arbitration will proceed on an individual basis only; class, collective, and representative actions are prohibited.

19.4 Procedures A party seeking arbitration must first send a written Notice of Dispute to the other party. Notices to StepOne Fertility must be mailed to Legal Dept., 1111B S Governors Ave, STE 29650, Dover, DE 19904. If the dispute is not resolved within 60 days, either party may commence arbitration with JAMS. JAMS fees for claims ≤ US $25,000 will be paid by StepOne Fertility; otherwise, fee allocation follows the JAMS Rules. The arbitrator will issue a reasoned written decision.

19.5 Opt‑Out You may opt out of this arbitration agreement by mailing written notice to the address above within 30 days of first accepting these Terms.

19.6 Time Limitation Any claim must be filed within one (1) year of when it arose.

19.7 Court Venue if Arbitration Unenforceable If the arbitration agreement is ever found unenforceable, exclusive jurisdiction and venue will be the state and federal courts located in New York County, New York.

20. Modification of Terms

We may update these Terms at any time by posting a revised version on the Site. The “Last updated” date will change. Continued use after that date constitutes acceptance of the revised Terms.

21. Miscellaneous

• Entire Agreement. These Terms and the incorporated Privacy Policies constitute the entire agreement between you and us.
• Severability. If any provision is held unenforceable, the remainder remains in effect.
• Assignment. You may not assign your rights or obligations; we may assign ours without restriction.
• Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Headings. Headings are for convenience only and do not affect interpretation.

Last updated on the 10th of June 2025