Effective Date: August 11, 2024 Last Updated: January 27, 2025
1. Introduction
Welcome to BirthBridge! These Terms and Conditions ("Terms") govern your use of our platform, available at mybirthbridge.com, and any related services provided by BirthBridge, LLC ("Company," "we," "our," or "us"). By accessing or using our Landing Page, Platform, or services, you confirm that you are at least 18 years old and 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. By creating an account on the Platform, you explicitly acknowledge and agree to these Terms. Your acceptance constitutes a legally binding agreement between you and BirthBridge.
2. Definitions
Customer: Individuals or families seeking services provided by birth professionals through the BirthBridge platform.
Seller: Certified or qualified birth professionals offering services such as doula care, lactation consulting, childbirth education, and other related services on the BirthBridge platform.
User: Refers collectively to both Customers and Sellers.
3. Eligibility
For Customers: You must be at least 18 years old and capable of entering into a legally binding agreement to use our services.
For Sellers: You must be a certified, licensed, or qualified birth professional in your field of expertise and capable of entering into a legally binding agreement.
4. User Accounts
Account Registration: Users must create an account to access certain Platform features. You agree to provide accurate, current, and complete information during registration and to update this information as necessary.
Account Security: You are responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account. Notify us immediately of any unauthorized use of your account.
5. Use of the Platform
A. For Customers
Booking Services: You may browse and book services offered by Sellers through the Platform. By booking a service, you agree to the Seller’s terms and conditions, including their payment, cancellation, and refund policies.
Payments: Payments for services are processed through the Platform using the methods provided. You agree to pay all applicable fees and charges associated with your booking.
Reviews: After receiving services, you may leave a review. Reviews must be truthful, accurate, and free from defamatory, offensive, or misleading content.
B. For Sellers
Service Listings:
Sellers can create profiles and list their services. You agree to provide accurate, current, and complete information about your services, qualifications, and availability.
Certification Verification:
BirthBridge does not independently verify Sellers’ certifications or licenses. Customers are encouraged to confirm credentials before booking services.
Service Delivery:
Sellers are responsible for delivering the services booked by Customers according to agreed-upon terms. You agree to communicate promptly with Customers and address their questions or concerns.
Payments and Fees:
Payments are processed through Stripe or other approved methods.
Sellers must carry professional liability insurance:
Sellers are required to maintain adequate professional liability and general liability insurance coverage for their services. BirthBridge does not provide or facilitate insurance coverage for Sellers or Customers.
6. Fees and Payments
Platform Fees: BirthBridge may charge platform fees for using our services. These fees are disclosed to Sellers during service listing and to Customers at booking.
Payment Processing: Payments are processed by third-party providers. BirthBridge is not responsible for payment issues or disputes arising from processing.
Payment Responsibility: BirthBridge is not responsible for any payment disputes between Customers and Sellers. All refund and cancellation policies are set by individual Sellers, and Customers must resolve disputes directly with them.
Chargebacks and Disputes: Customers acknowledge that initiating chargebacks or disputes with third-party payment providers may result in the suspension of their account until the matter is resolved.
7. Messaging and Communications
Encrypted Messaging: Messages exchanged on the BirthBridge platform are encrypted using advanced security protocols to protect the confidentiality of your information.
Disclosure and Liability: Despite encryption, BirthBridge is not liable for the content shared between users. Users are solely responsible for their communications and any consequences arising from them.
Families must initiate all communications with Sellers: Sellers may not message families unless explicitly contacted first through the Platform. Any unauthorized direct contact may result in account suspension or termination.
Platform-Only Communication: All communications regarding services must be conducted through the BirthBridge platform. Off-platform discussions are at the User’s own risk. Sellers and Customers who engage in off-platform communication acknowledge that BirthBridge has no control over such interactions and assumes no liability for any resulting disputes or claims.
8. Cancellation and Refund Policy
For Families: Cancellation and refund policies are set by individual Birth Workers. Customers are advised to review these policies before making a booking. BirthBridge does not intervene in refund or cancellation disputes between Users.
For Birth Workers: You agree to honor the cancellation and refund policies you establish and to resolve disputes with Customers in good faith.
9. User Conduct
Prohibited Activities: Users may not:
Impersonate any person or entity.
Harass, abuse, or harm others.
Interfere with or disrupt the Platform.
Upload defamatory, obscene, or infringing content.
Compliance with Laws: Users must comply with all applicable laws and regulations.
User-Generated Content: Users may leave reviews and other content on the platform. BirthBridge reserves the right to remove any reviews or content that are found to be defamatory, misleading, or violate our User Conduct policy. Reviews must be truthful, accurate, and free from defamatory, offensive, or misleading content.
10. Limitation of Liability
Interactions Between Users: BirthBridge facilitates connections but does not control or guarantee services. BirthBridge is not liable for disputes, claims, losses, or damages arising from interactions between Customers and Sellers.
Insurance Recommendation: Sellers are encouraged to obtain appropriate business insurance. BirthBridge does not provide insurance coverage for Sellers or Customers.
Interactions Between Users: BirthBridge facilitates connections but does not control or guarantee services. BirthBridge is not liable for disputes, claims, losses, or damages arising from interactions between Customers and Sellers. BirthBridge is also not responsible for ensuring the accuracy of Seller qualifications.
11. Intellectual Property
Ownership: All content and functionality of the Platform are the exclusive property of BirthBridge.
License: Users are granted a limited, revocable license to use the Platform for its intended purposes.
12. Disclaimers and Limitation of Liability
No Warranties
: The Platform is provided "as is" without warranties of any kind.
Limitation of Liability
: BirthBridge is not liable for indirect, incidental, or consequential damages.
13. Indemnification
Users agree to indemnify BirthBridge against claims or liabilities arising from their use of the Platform or violation of these Terms.
14. Termination
By BirthBridge: We may suspend or terminate your access without notice if you violate these Terms.
By Users: Users may terminate their accounts at any time.
15. Governing Law and Dispute Resolution
Governing Law: These Terms are governed by the laws of Texas, USA.
Dispute Resolution: Any disputes will first be subject to good faith negotiations. If unresolved, disputes will be resolved via binding arbitration under the rules of the American Arbitration Association (AAA) in Texas.
Arbitration Clause Update: Any disputes will first be subject to good faith negotiations. If unresolved, disputes will be resolved via binding arbitration under the rules of the American Arbitration Association (AAA) in Texas. However, disputes that qualify for small claims court may be filed in an appropriate small claims court instead of arbitration.
16. Liability Disclaimer and Assumption of Risk
No Liability for Appointments
BirthBridge solely facilitates connections between Customers and Sellers and does not provide, monitor, or guarantee the quality or safety of services rendered. All agreements, interactions, and services occur solely between Customers and Sellers. BirthBridge is not liable for any claims, injuries, damages, or losses arising from appointments or services provided.
Assumption of Risk
Customers acknowledge that birth-related services, including but not limited to doula care, lactation consulting, and childbirth education, carry inherent risks. By booking services through the Platform, Customers voluntarily assume all risks associated with these services.
Indemnification by Sellers
Sellers agree to indemnify and hold harmless BirthBridge, its officers, employees, and affiliates from any claims, liabilities, damages, or legal actions arising out of or related to the services they provide to Customers.
Insurance Requirement
Sellers are strongly encouraged to maintain adequate professional liability and general liability insurance coverage for their services. BirthBridge does not provide or facilitate insurance coverage for Sellers or Customers.
Would you like me to integrate these into the Terms document or draft a new version of the relevant sections? Let me know how you'd like to proceed!
17. Changes to These Terms
BirthBridge may update these Terms periodically. Users will be notified of significant changes. Continued use constitutes acceptance of updated Terms.
18. Contact Information
If you have questions or concerns about these Terms, contact us: Email: hello@mybirthbridge.com