1. Agreement to be bound by Terms; Introduction

1.1. These terms and conditions (the “Terms”) govern the services offered by Fertility Travel Inc., a Florida registered corporation with EIN #93-1970897, having its principal place of business at 1601-1 North Main Street, #3159, Jacksonville, Florida 32206, United States of America (“FT”). FT assists individuals (the “Client”) interested in planning and organizing travel arrangements (“Services”) for fertility tourism treatments that they may seek or purchase directly from third party travel vendors, business entities, fertility clinics, or physicians, as described below in Sections 2 and 3.

1.2. By agreeing to these Terms through interacting with FT’s website and affirmatively acknowledging that that Client will be bound by these Terms in connection with provision of the Services (as defined below), Client acknowledges that they have read, understood, and agreed to all the terms and conditions outlined herein as if such Terms were duly signed by Client.

2. Services Provided by FT

2.1. FT's role is to provide concierge assistance to Clients in planning and organizing their fertility tourism treatments abroad. These Services may include (a) identifying possible destination countries that may match the expressed needs of the Client, (b) providing educational information regarding existing reproductive laws and legal frameworks which may or may not impact the Clients destination country selection, (c) reviewing of the Clients stated budget parameters and how that may or may not impact their country and clinic selections, (d) reviewing the Clients stated desired timeframe requests for the fertility tourism journey, (e) referring the Client to licensed fertility clinics in their desired destination countries that the Client may purchase and execute their fertility treatments, (f) educate the Client and refer them to FDA/EU registered Sperm and Egg Donor Banks so that the Client may make their donor selection and purchase, and (g) booking complete airline, train, ground and hotel accommodations.

2.2 FT’s Services, other than the travel booking services, are for informational purposes only. FT’s Services do not constitute the practice of any medical, counseling, nursing, or other professional health care, diagnosis, or fertility treatments. Each party acknowledges and agrees that FT’s Services are not intended to be a substitute for professional medical direction, diagnosis, counseling or treatment, and do not constitute medical, legal, or other professional advice. Reliance on any information voluntarily provided herein is solely at the Client’s own risk. The Services FT provides are designed to support, not replace, the relationship that exists between the Client and their medical Clinic and legal professionals.

2.3. The goal of FT is to provide information, referrals and assist Clients in making decisions about potential partners for their fertility tourism journey. The Client acknowledges and agrees that FT makes no representation or warranties to Client about any potential partners, FT shall have no responsibility for any relationship that may result from FT’s referrals, and FT does not endorse any specific medical tests, potential partners, physicians, products, procedures, opinions, or other information that may be provided. The Client acknowledges and agrees that all decisions and purchases will be made with consent and in consultation with their medical and legal professionals.

2.4. All communication between FT and the Client will be conducted via phone and additionally documented via email. The Client acknowledges and agrees that FT will not require any personal medical or health information and that any such information that the Client provides will be voluntary and in Client’s sole discretion. FT disclaims all responsibility should information fail to reach the Client. The Client acknowledges and agrees that communications via email over the internet are not secure and that any information sent other than through encrypted means can be intercepted and read by other parties besides the intended recipient.

2.5. FT will not provide any medical treatments or gamete selections on behalf of the client.FT will educate the Client regarding the existence of gamete donor banks, recommend that the Client create their own account with the third-party donor bank selected by Client, and speak with authorized representatives of the donor bank company to make their final donor selection and purchase. FT may provide unique discount codes for qualified Clients to use upon final checkout and applied to their final purchase.

3. Disclaimer of Warranties FT MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

4. Limitation of Liability

4.1. IN NO EVENT SHALL FT BE LIABLE TO THE CLIENT OR TO ANY THIRD PARTY FOR use of its services, any interactions with third party fertility clinics and providers, any travel-related ACCOMMODATIONS, any medical treatments or procedures, the use of donor sperm or eggs, ANY LOSS OF USE, INCOME, REVENUE OR PROFIT OR LOSS OF TIME OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT FT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

4.2. IN NO EVENT SHALL FT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO FT PURSUANT TO THIS AGREEMENT IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

5. Governing Law and Venue

5.1. This Agreement shall be governed by and construed in accordance with the internal laws of Florida, USA without giving effect to any choice or conflict of law provision or rule (whether of Florida or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of Florida, USA.

5.2. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Services provided hereunder shall be instituted exclusively in the federal courts of the United States or the courts of Florida, in each case located in the city of Jacksonville and county of Duval, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.

6. Information on Redress Procedures

6.1. Any complaints about any aspect of the Services must be presented and submitted as soon as possible to FT for resolution.

6.2. In the event of a dispute between the parties arising out of or in connection with these Terms and Conditions, the parties shall use their best efforts to resolve the dispute in an amicable manner. If an amicable settlement cannot be reached within six (6) weeks of the commencement of discussions, either party may file suit in a court of competent jurisdiction in accordance with the provisions of Section 7.

7. The Client’s Duties and Responsibilities

7.1. The Client is responsible for providing accurate and truthful information to FT to enable proper planning and organization of the travel arrangements.

7.2. The Client must carefully review all tentative travel arrangements and once accepted, must provide a method of payment for those travel arrangements to become finalized.

7.3. One the travel itinerary is confirmed, the Client is responsible and adheres to the agreements made between the Client and each travel provider, such as airlines, hotel, train or ground transportation providers.

7.4. The Client is responsible for obtaining any necessary travel documents, such as a valid passport and entry permits, as well as adhering to any applicable vaccination requirements for the destination country.

7.5. Failure to comply with instructions and directions, such as not appearing for appointments or not following the instructions of the fertility clinic, may result in additional personal expenses for the Client which are not the responsibility of FT.

7.6. The Client acknowledges that FT is not responsible for any pregnancy outcomes or medical results and that the success of fertility treatments is not guaranteed.

8. Privacy

8.1. FT is committed to safeguarding the Client's privacy and will handle personal information in accordance with applicable privacy laws and regulations. With the approval of the Client, their voluntarily supplied information will be provided to the intake Clinic representative in order that the Client and Clinic might engage and conduct confidential medical discussions and treatments.

9. Amendments to the Terms and Conditions

9.1. These Terms and Conditions may be amended, modified, or supplemented by FT at any time. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

10. Term and Termination

10.1. This Agreement shall commence as of the date of Client’s agreement to the terms and shall continue thereafter until the completion of the Services unless sooner terminated pursuant to this Section 10.

10.2. Either party may terminate this Agreement at any time by providing thirty (30) days’ advance written notice to the other party.

11. Entire Agreement. These Terms and Conditions comprise the entire agreement between the parties, and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between the Terms and any other policy, terms or previously or contemporaneously executed written agreement, these Terms shall govern.

12. Severability. If any term or provision of these terms are invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the court may modify these Terms and Conditions to affect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

13. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Terms and Conditions (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the affected party's reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns, or other industrial disturbances; (i) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (j) other events beyond the reasonable control of the affected party. The party suffering a Force Majeure Event shall give notice within thirty (30) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.

14. Notice. All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and addressed to the parties at the address designated by the receiving party in writing or, in the case of Client, in connection with their use of FT’s website or receipt of Services. All notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or email or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the notice has complied with the requirements of this Section.

15. Confidentiality. Both parties agree to maintain the confidentiality of all information shared during the provision of services under this Agreement, including medical information, personal details, and financial information.

16. Assignment. Neither party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void.

17. No Waiver. The failure of either party to enforce any provision of this Terms and Conditions shall not be deemed a waiver of that provision or any other provision herein.