Introduction
Welcome to Birthify! These Terms and Conditions (“Terms”) govern your use of the Birthify website (the “Site”) and the services we provide (“Services”). By accessing or using our Site and Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Site or Services.
1. Definitions
- “We,” “us,” “our,” and “Birthify” refer to Birthify, Inc.
- “You” and “your” refer to the user or viewer of our Site and Services.
- “Doulas” refer to the trained professionals providing support through our platform.
2. Use of the Site
Eligibility
By using our Site and Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using our Site or Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
Account Registration
To access certain features of our Site and Services, you may need to register for an account. You agree to provide accurate and complete information during the registration process and to update such information as needed to keep it accurate and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3. Services
Description of Services
Birthify provides virtual doula services, including pregnancy, birth, and postpartum support through messaging and virtual coaching. Our doulas offer educational, informational, and emotional support tailored to your needs.
Medical Disclaimer
Our Services do not constitute medical advice and are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
4. Fees and Payment
Fees
Fees for our Services are detailed on our Site. We reserve the right to change our fees at any time, and any changes will be posted on the Site.
Payment
You agree to pay all fees associated with your use of our Services. Payments are processed through our third-party payment processor, and by providing your payment information, you authorize us to charge your payment method for the applicable fees.
5. Cancellations and Refunds
Cancellations
You may cancel your subscription to our Services at any time. Cancellations will take effect at the end of your current billing cycle.
Refunds
Refunds are not provided for any unused portion of a subscription or for any fees paid for our Services, except as required by applicable law.
6. Intellectual Property
Ownership
All content on our Site, including text, graphics, logos, images, and software, is the property of Birthify or its content suppliers and is protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works of any content on our Site without our prior written permission.
Trademarks
Birthify, the Birthify logo, and other marks associated with our Services are trademarks of Birthify. You may not use our trademarks without our prior written permission.
7. User Conduct
Prohibited Activities
You agree not to:
- Use our Site or Services for any unlawful purpose.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt the operation of our Site or Services.
8. Disclaimers and Limitation of Liability
Disclaimers
Our Site and Services are provided on an “as-is” and “as-available” basis. We disclaim all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Site or Services.
9. Indemnification
You agree to indemnify and hold Birthify, its affiliates, officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of our Site or Services.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
11. Dispute Resolution
Arbitration
Any dispute arising out of or relating to these Terms or your use of our Site or Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
Jurisdiction
The exclusive jurisdiction for any dispute not resolved through arbitration shall be the state and federal courts located in San Diego County, California.
12. Changes to These Terms
We may update these Terms from time to time. Any changes will be posted on our Site, and your continued use of our Site or Services after such changes have been posted constitutes your agreement to the updated Terms.
13. Contact Us
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Address: 270 N El Camino Real, #F434, Encinitas, CA 92078
Effective Date: 08/01/2024