Last Revised 6.12.20
These Terms of Service apply to Major Care™ powered by Motherbaby Network, LLC (“Motherbaby”, “we”, “us”, or “our”) and constitute a legally binding agreement (this “Agreement”) between you and Motherbaby governing your use of the Motherbaby website, application (whether accessed through the Motherbaby website or the Motherbaby mobile app), and technology platforms (together, “Motherbaby Solutions”).
The Motherbaby Solutions are offered and available to users who are eighteen (18) years of age or older, reside in the United States or any of its territories or possessions, intend to use the Motherbaby Solutions for lawful business purposes only, and meet other eligibility requirements as specified further in this Agreement. By using the Motherbaby Solutions, you represent and warrant that you are of legal age to contract with Motherbaby and meet all eligibility requirements specified in this Agreement. If you do not meet the specified requirements, you must not access of use the Motherbaby Solutions.
1. The Motherbaby Solutions
The Motherbaby Solutions match mothers/birth persons, fathers/support partners and other caregivers of new babies (“Customers”) with persons who are certified or licensed to provide postpartum doula services (“Doulas”). Both Customers and Doulas employ the Motherbaby Solutions by creating user accounts and therefore are referred to throughout this Agreement as “Users”, “you”, “your”, or “yourself”. Unless otherwise specified, the terms “User”, “you”, “your”, or “yourself” mean both Customer and Doulas together. You authorize Motherbaby to match you with a Customer or Doula based on factors like your location, your preferred means of contact and timing, the Customer’s timing requirements, User preferences, User experience, and platform efficiency. You also authorize Motherbaby to cancel a match and to perform a new match using the same factors.
2. Changes to this Agreement
We may revise and update the terms of this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Motherbaby Solutions thereafter. Your continued use of the Motherbaby Solutions following the posting of revised Terms of Service means that you accept and agree to the changes.
3. Limited License Grant
Subject to the terms of this Agreement, Motherbaby grants you a limited, non-exclusive, and nontransferable license to:
(a) download, install, and use the Motherbaby Solutions for your use on a mobile device (in the case of using our mobile app) or personal computer (in the case of using our web app) owned or otherwise controlled by you (“Your Device“) strictly in accordance with our apps’ documentation; and
(b) access, stream, download, and use on Your Device the content and services made available in or otherwise accessible through the Motherbaby Solutions, strictly in accordance with this Agreement.
4. Reservation of Rights
You acknowledge and agree that the Motherbaby Solutions are provided under license, and not sold, to you. You do not acquire any ownership interest in the Motherbaby Solutions under this Agreement, or any other rights thereto other than to use the Motherbaby Solutions in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Motherbaby and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Motherbaby Solutions, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
5. Eligibility, Access, and Security
As stated at the outset, the Motherbaby Solutions are offered and available to users who are eighteen (18) years of age or older, reside in the United States or any of its territories or possessions, intend to use the Motherbaby Solutions for lawful business purposes only, and meet other eligibility requirements as specified further in this Agreement. By using the Motherbaby Solutions, you represent and warrant that you are of legal age and capacity to contract with Motherbaby under applicable law and meet all eligibility requirements specified in this Agreement. If you do not meet the specified requirements, you must not access nor use the Motherbaby Solutions.
We reserve the right to withdraw or amend the Motherbaby Solutions, and any service or material that we provide through the Motherbaby Solutions, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Motherbaby Solutions is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Motherbaby Solutions to Users.
If you choose, or are provided with, a User name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Motherbaby account is personal to you and agree not to provide any other person with access to the Motherbaby Solutions using your User name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your User name or password or any other breach of security.
We have the right to deactivate any User name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provisions of this Agreement. If Motherbaby deactivates your User account for any reason, you are not permitted to establish a new User account during such period of deactivation.
6. Payment and Refund Policy
Within the context of your use of the Motherbaby Solutions, Motherbaby will communicate to you the terms of payment and you agree that such terms are hereby incorporated into this Agreement as if fully stated herein. All prices that we publish or otherwise communicate to you are denominated in United States dollars unless we state differently.
As Customer, you acknowledge and agree that payments made to Motherbaby for the services provided pursuant to this Agreement are non-refundable. If you are unsatisfied with Motherbaby’s services, please contact us immediately at email@example.com so we can work to seek a positive resolution.
7. Intellectual Property Rights
All contents, features, and functionality of the Motherbaby Solutions (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Motherbaby, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
If you wish to make any use of material in the Motherbaby Solutions other than that set out in this Agreement, please address your request to: firstname.lastname@example.org.
Any use of the Motherbaby Solutions not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
Motherbaby, the terms Major Care, That’s Major! and Postpartum made better (registered or not), the Motherbaby logo, and all related names, logos, product and service names, designs, badges, and slogans are trademarks of Motherbaby or its affiliates or licensors (the “Motherbaby Marks”). All other names, logos, product and service names, designs, and slogans in the Motherbaby Solutions are the trademarks of their respective owners.
9. Your Information
10. Motherbaby Communications
By entering into this Agreement or using the Motherbaby Solutions, you agree to receive communications from us, including via e-mail, calls, and push notifications. Communications from Motherbaby, its affiliated companies and/or Users, may include but are not limited to: operational communications concerning your User account or use of the Motherbaby Solutions, updates concerning new and existing features on the Motherbaby Solutions, communications concerning promotions run by us or our third-party partners, and news concerning Motherbaby and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.
You agree not to use any technical, financial, strategic, and other proprietary and confidential information relating to Motherbaby’s business, operations, and properties, information about a User made available to you in connection with such User’s use of the Motherbaby Solutions, which may include the User’s name, location, and contact information (“Confidential Information”) disclosed to you in connection with the Motherbaby Solutions for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Motherbaby with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed in connection with the Motherbaby Solutions or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Motherbaby; becomes known to you, without restriction, from a source other than Motherbaby without breach of this Agreement by you and otherwise not in violation of Motherbaby’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Motherbaby to enable Motherbaby to seek a protective order or otherwise prevent or restrict such disclosure.
12. Prohibited Uses
You may use the Motherbaby Solutions only for lawful purposes and in accordance with this Agreement. In connection with your use of the Motherbaby Solutions, you agree and acknowledge that you will not:
- violate in any way any federal, state, local, or international law or regulation (including without limitation operating a drone without a license, without authorization, or in an otherwise unlawful manner);
- stalk or otherwise harass any person, or violate the rights of privacy or publicity of any person;
- post, send, solicit, or obtain anything defamatory, fraudulent, violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the sole opinion of Motherbaby;
- impersonate any individual or entity, or infringe any person’s intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights;
- engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Motherbaby Solutions, or which, as determined by us, may harm Motherbaby or its Users, or expose us or them to liability or reputational harm;
- transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
- hack or compromise in any way the integrity and security of the Motherbaby Solutions or the computers or devices of any of Motherbaby’s Users;
- “frame” or “mirror” any part of the Motherbaby Solutions, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Motherbaby Solutions or any software used on or for the Motherbaby Solutions;
- rent, lease, lend, sell, redistribute, license or sublicense the Motherbaby Solutions or access to any portion of the Motherbaby Solutions;
- use any robot, spider, or other automatic device, process, or means to access the Motherbaby Solutions for any purpose;
- use any manual process to monitor or copy any of the material in the Motherbaby Solutions or for any other unauthorized purpose without our prior written consent;
- allow any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, to be introduced in to the Motherbaby Solutions;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Motherbaby Solutions, the servers on which they operate, or any server, computer, or database to which the Motherbaby Solutions are connected;
- link directly or indirectly to any websites;
- transfer or sell your User account, password and/or identification to any other party; or
- cause any person to engage in the foregoing prohibited activities.
15. Customer Representation and Warranties
By accessing or using the Motherbaby Solutions, as Customer you represent, warrant, and agree that:
- You have full power and authority to enter into this Agreement and to perform its obligations;
- You seek to use the Motherbaby Solutions and the related services for a lawful purpose;
- You will comply with all applicable laws;
- The information that you provide other Users and/or Motherbaby to procure services under this Agreement is truthful and accurate.
Customers and Doulas will not contract directly with each other for services that may be otherwise provided through or outside of the Motherbaby Solutions. Motherbaby reserves the right to exclude you and others acting on your behalf from further use of the Motherbaby Solutions for violations of this non-solicitation provision at our sole discretion.
17. Changes and Updates
We may from time to time in our sole discretion develop and provide updates to the Motherbaby Solutions, which may include content updates, upgrades, bug fixes, patches, error corrections, and/or new features (together, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Motherbaby has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your Device settings, when Your Device is connected to the internet either:
- the Motherbaby Solutions will automatically download and install all available Updates;
- you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Motherbaby Solutions or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Motherbaby Solutions and be subject to all terms and conditions of this Agreement.
18. Linking to the Motherbaby Solutions and Social Media Features
You may link to the Motherbaby website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Motherbaby Solutions may provide certain social media features that enable you to:
- Link from your own or certain third-party websites or apps to certain content in the Motherbaby Solutions.
- Send emails or other communications with certain content, or links to certain content, in the Motherbaby Solutions.
- Cause limited portions of content in the Motherbaby Solutions to be displayed or appear to be displayed on your own or certain third-party websites or apps.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions that we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website or app that is not owned by you.
- Cause any portion of the Motherbaby Solutions to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Motherbaby website other than the homepage.
- Otherwise take any action with respect to the materials in the Motherbaby Solutions that is inconsistent with any other provision of this Agreement.
The website or app from which you are linking, or on which you make certain content accessible, must comply in all respects with the Prohibited Uses set out in this Agreement.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
19. Links from the Motherbaby Solutions
If the Motherbaby Solutions contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or apps linked to the Motherbaby Solutions, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
20. Geographic Restrictions
Motherbaby is based in the state of Connecticut in the United States. We provide the Motherbaby Solutions for use only by persons located in the United States. We make no claims that the Motherbaby Solutions or any of their content is accessible or appropriate outside of the United States. Use of doula services generally and access to the Motherbaby Solutions in particular may not be legal by certain persons or in certain countries. If you access the Motherbaby Solutions from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Motherbaby Solutions does not treat, diagnose or replace proper medical guidance. Always seek the advice of a physical or other qualified health provider with any questions that arise regarding a medical condition. IF THERE IS A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. If you are at risk for hurting yourself or your infant, call the National Suicide Prevention Hotline at 1-800-273-8255. Motherbaby Solutions disclaims any liability based on information provided through its services.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Motherbaby Solutions will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Motherbaby Solutions for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MOTHERBABY SOLUTIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE OR APP LINKED TO THEM.
YOUR USE OF THE MOTHERBABY SOLUTIONS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE MOTHERBABY SOLUTIONS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MOTHERBABY NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE MOTHERBABY SOLUTIONS. WITHOUT LIMITING THE FOREGOING, NEITHER MOTHERBABY NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT MOTHERBABY SOLUTIONS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE MOTHERBABY SOLUTIONS OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MOTHERBABY SOLUTIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, MOTHERBABY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Acts of Others
Under no circumstances, including termination or cancellation of your use of the Motherbaby Solutions, will we be liable for any losses related to actions of other Users.
Apple App Store
This paragraph applies to any version of the Motherbaby Solutions that you acquire from the Apple App Store. This Agreement is entered into between you and Motherbaby. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Motherbaby Solutions. Motherbaby, not Apple, is solely responsible for the Motherbaby Solutions and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
22. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MOTHERBABY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MOTHERBABY SOLUTIONS, ANY WEBSITES OR APPS LINKED TO IT, ANY CONTENT ON THE MOTHERBABY SOLUTIONS OR ON SUCH OTHER LINKED WEBSITES OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Motherbaby, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Motherbaby Solutions, including, but not limited to, any use of the Motherbaby Solutions content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Motherbaby Solutions.
24. Term and Termination
- The term of this Agreement commences when you acknowledge the terms and conditions of this Agreement permitting you then to access, download, or install the Motherbaby Solutions. The term will continue in effect until terminated by you or Motherbaby as set forth in this section.
- You may terminate this Agreement by deleting the Motherbaby Solutions and all copies thereof from Your Device.
- Motherbaby may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
- Upon termination:
- except as provided in Sections 2, 4, 6-9 (with respect to license), 10-15, and 21-27, which shall survive any expiration or termination of this Agreement, all rights granted to you under this Agreement will also terminate;
- you must cease all use of the Motherbaby Solutions and delete all copies of the Motherbaby Solutions and delete all copies of the Motherbaby Solutions; and
- Termination will not limit any of Motherbaby’s rights or remedies at law or in equity.
25. Governing Law and Jurisdiction
All matters relating to the Motherbaby Solutions and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Motherbaby Solutions shall be instituted exclusively in the U.S. District Court for the District of Connecticut or the courts of the State of Connecticut. Motherbaby retains the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
26. Waiver and Severability
No waiver by Motherbaby of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Motherbaby to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
27. Entire Agreement
28. Your Comments and Concerns
The Motherbaby Solutions are operated by Motherbaby Network, LLC, P.O. Box 469, Madison, Connecticut, 06443, USA.
Feedback, comments, requests for technical support, and other communications relating to the Motherbaby Solutions should be directed to: email@example.com.