Platform Agreements

By creating an account on BirthFlow ("the Service"), you agree to be bound by these Terms of Service, our Privacy Policy, and our Business Associate Agreement (BAA). If you are entering into this agreement on behalf of a business (e.g., an agency), you represent that you have the authority to bind that entity to these terms.

• Professional Use: The Service is intended for use by doulas, midwives, and birth workers.
• Security: You are responsible for maintaining the confidentiality of your login credentials. Any activity occurring under your account is your responsibility. You must notify us immediately of any unauthorized use of your account.

• NOT A MEDICAL DEVICE: BirthFlow is a practice management and data-logging tool. It is not a medical device, nor is it intended to provide medical advice, diagnosis, or treatment.
• USER RESPONSIBILITY: You acknowledge that the Software is a tool to assist in record-keeping. The accuracy of the data entered is your sole responsibility. Clinical decisions regarding the safety and health of your clients must be based on your professional judgment and direct observation, not solely on Software output (such as contraction timers or vital feeds).
• NO GUARANTEE OF OUTCOME: BirthFlow LLC is not liable for any birth outcomes, medical complications, or professional malpractice claims arising during the use of the Software.

• Fees: Access to the Service is provided on a subscription basis. You agree to pay the fees associated with your chosen plan.
• Changes: We reserve the right to modify our pricing. We will provide 30 days' notice for any price increases affecting existing subscriptions.
• Cancellation: As outlined in our Cancel & Refund Policy, you may cancel at any time. No pro-rated refunds are provided.

• Lawful Use: You agree not to use the Service for any illegal purposes or to violate HIPAA regulations.
• Data Ownership: You own the content you input into the Service. You grant BirthFlow LLC a license to host and backup this content solely to provide the Service to you.
• System Integrity: You may not attempt to disrupt the Service, "scrape" data, or probe our systems for vulnerabilities.

We are constantly improving BirthFlow. We reserve the right to add or remove features (such as the upcoming summer "Add-ons" or metered tiers). While we aim to minimize disruption, some updates may require a brief period of scheduled maintenance as outlined in our SLA.

We reserve the right to suspend or terminate your account if:

• You violate these Terms.
• You fail to pay your subscription fees.
• Your actions create legal or financial risk for BirthFlow LLC.

These Terms are governed by the laws of the State of Ohio. Any legal action or proceeding relating to your access to the Service shall be instituted in a state or federal court in Ohio.

For questions regarding these Terms, please contact: Email: support@getbirthflow.com

• "Breach" shall have the same meaning as the term "breach" in 45 CFR § 164.402.
• "Covered Entity" shall mean the user (Doula or healthcare provider) registering for BirthFlow.
• "Business Associate" shall mean BirthFlow LLC.
• "PHI" shall mean Protected Health Information as defined in 45 CFR § 160.103.

• Permitted Uses: Business Associate agrees to not use or disclose PHI other than as permitted or required by this Agreement or as required by law.
• Safeguards: Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of PHI. This includes the use of industry-standard encryption (AES-256 at rest, TLS 1.3 in transit) and mandatory multi-factor authentication (MFA).
• Breach Reporting: Business Associate agrees to notify Covered Entity of any Breach of unsecured PHI within seventy-two (72) hours of discovery.
• Subcontractors: Business Associate shall ensure that any subcontractors (including cloud infrastructure and database providers) that create, receive, maintain, or transmit PHI on behalf of the Business Associate agree to the same restrictions and conditions that apply to Business Associate with respect to such information.
• Access to PHI: Business Associate agrees to provide access, at the request of Covered Entity, to PHI in a Designated Record Set to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR § 164.524.
• Books and Records: Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of PHI available to the Secretary of Health and Human Services for purposes of determining compliance with the HIPAA Rules.

• Services: Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the BirthFlow Terms of Service.
• Management and Administration: Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out its legal responsibilities.

• Safeguards: Covered Entity shall not request or disclose more PHI than is necessary for the intended purpose and is responsible for maintaining the security of its own access credentials and local devices.
• Permissions: Covered Entity warrants that it has obtained any necessary consents or authorizations from individuals required for the disclosure of PHI to Business Associate.

• Term: This Agreement shall be effective as of the date of Covered Entity’s acceptance during registration and shall terminate when all PHI is destroyed or returned.
• Termination for Cause: Upon Covered Entity’s knowledge of a material breach by Business Associate, Covered Entity shall provide an opportunity for Business Associate to cure the breach. If Business Associate does not cure the breach within ten (10) business days, Covered Entity may terminate this Agreement.
• Effect of Termination: Upon termination, Business Associate shall, if feasible, return or destroy all PHI received from, or created or received by Business Associate on behalf of Covered Entity.

• Updates: Business Associate reserves the right to amend this BAA to ensure ongoing compliance with HIPAA, HITECH, or other applicable laws. Business Associate will provide notice of such changes via email or in-app notification. Continued use of the BirthFlow platform following such notice constitutes acceptance of the amended BAA.

• Regulatory References: A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.
• Governing Law: This Agreement shall be governed by the laws of the State of Ohio.

This Privacy Policy describes how we collect, use, and disclose your personal information and the information of your clients when you use our practice management platform. By using the platform, you agree to the collection and use of information in accordance with this policy.

We collect several types of information to provide and improve our service to you:

A. Provider Information (The User)

• Identity Data: Name, business name, and professional credentials.
• Contact Data: Email address, phone number, and billing address.
• Financial Data: Payment card details (processed securely via third-party processors like Stripe).

B. Client & Patient Data (The "Journeys")

As a practice management tool, you may input data regarding your clients, including:

• Demographic Data: Client and partner names, contact info, and birth locations.
• Health & Physiological Data: Contraction timing data, labor logs (dilation, interventions, vitals), and postpartum wellness tracking.
• Logistical Data: Navigation coordinates to birth locations and calendar/scheduling data.

We use the collected data for various purposes:

• To provide and maintain the Service: Including "My Journeys" milemarkers and live contraction feeds.
• To notify you about changes: Including status updates via the "Agency Clock."
• To provide customer support: Resolving technical issues or charting discrepancies.
• To process payments: Handling subscriptions and billing.

Because our service may involve the storage of Protected Health Information (PHI), we comply with the Health Insurance Portability and Accountability Act (HIPAA).

• Business Associate Agreement (BAA): Use of this platform is subject to the BAA signed during registration, which governs the handling of PHI.
• Encryption: Data is encrypted both in transit (SSL/TLS) and at rest.
• Access Control: We implement strict "Need to Know" internal access policies.

We may employ third-party companies to facilitate our Service. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Common providers include:

• Cloud Hosting: (e.g., AWS, Google Cloud).
• Payment Processing: (e.g., Stripe).
• Communication Tools: (e.g., Twilio for automated messaging).

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. Upon cancellation of your account, you may request a data export of your client logs. After a designated period (typically 30–90 days), inactive account data may be permanently deleted to ensure data minimization.

Depending on your location, you may have the following rights:

• The right to access, update, or delete the information we have on you.
• The right of rectification (to correct inaccurate info).
• The right to withdraw consent.

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "effective date" at the top.

If you have any questions about this Privacy Policy, please contact us at: Email: support@getbirthflow.com

All charges for the BirthFlow platform will be processed by BirthFlow LLC. On your bank or credit card statement, charges will appear as "BIRTHFLOW-APP".

• Monthly Subscription: Your account begins with a recurring monthly fee. By signing up, you authorize BirthFlow LLC to charge your provided payment method at the "Early Adopter" rate disclosed during registration.
• Discounted Rates: If you registered under a promotional or discounted rate, this rate will remain in effect for [e.g., 12 months] or until your subscription is canceled or modified. We reserve the right to move accounts to standard market rates upon 30 days' notice.

While the service currently operates on a flat-fee basis, we plan to introduce Metered Tiers and Add-ons (including but not limited to additional doula seats, client limits, and file storage capacity) in the summer of 2026.

• Notice of Change: You will receive at least 30 days' email notice before any mandatory transition to a metered model.
• Opt-In Add-ons: New features and storage upgrades may be offered as optional "Add-ons" which, if selected, will be billed immediately and pro-rated to your current billing cycle.

Subscriptions automatically renew on the same day each month (the "Billing Date").

• Payment Method: You must maintain a valid payment method on file.
• Failed Payments: If a charge is declined, we will attempt to re-process the payment 3 times over 10 days. After 10 days of non-payment, your account will enter "Read-Only" mode. You will be able to view and export data but will not be able to create new "Journeys" or logs until the balance is paid.

• Cancellation: You may cancel at any time via Account Settings > Billing. To avoid the next month’s charge, you must cancel at least 24 hours prior to your renewal date.
• Data Following Cancellation: Upon cancellation, your data will remain accessible in "Read-Only" mode for 30 days to allow for final exports. After 30 days, BirthFlow LLC reserves the right to permanently delete all account data to maintain system efficiency and security.

All sales are final. As BirthFlow is a software-as-a-service product providing immediate access to proprietary tools and infrastructure, we do not offer pro-rated refunds for partial months of service.

You may cancel your BirthFlow subscription at any time. To ensure a smooth transition and avoid unintended charges, the following rules apply:

• Self-Service Cancellation: All cancellations must be processed through the Billing section of your account dashboard.
• The 24-Hour Rule: To avoid being billed for the subsequent cycle, you must initiate your cancellation at least 24 hours prior to your next scheduled renewal date.
• Effective Date: Upon cancellation, your account will remain active at its current tier until the end of the current paid billing period. At the end of that period, your account will transition to "Read-Only" mode.

BirthFlow operates as a Software-as-a-Service (SaaS) platform with immediate resource allocation.

• No Pro-rated Refunds: We do not offer pro-rated refunds for partial months or unused portions of a subscription term.
• Early Adopter Rates: If you are on a discounted "Early Adopter" or "Founding Member" plan, your cancellation forfeits that specific rate. If you choose to reactivate in the future, you will be subject to the current market rates.
• Exceptional Circumstances: We reserve the right to issue refunds or credits at our sole discretion. If a refund is issued, BirthFlow is under no obligation to issue the same or similar refund in the future.

We understand that your "Journeys" and client logs are critical professional records.

• Read-Only Period: Following the end of your final billing cycle, you will have 30 days of "Read-Only" access. This allows you to export your logs, milemarkers, and vitals data.
• Permanent Deletion: After the 30-day grace period, BirthFlow LLC reserves the right to permanently delete all data associated with the canceled account to maintain system security and data minimization standards. It is the user’s responsibility to export data prior to this deadline.

We value our relationship with the birth worker community and prefer to resolve issues directly.

• Contact Support First: Before initiating a chargeback with your bank, please contact support@getbirthflow.com.
• Account Suspension: In the event of a forced chargeback, your account and all associated data access will be immediately suspended pending an investigation. We reserve the right to report fraudulent chargebacks to relevant industry databases.

Licensor grants you a personal, non-transferable, non-exclusive, revocable license to use the Software solely for your internal business purposes (e.g., managing your birth work practice or agency), subject to the terms of your subscription plan.

You agree that you will not, and will not permit others to:

• Reverse Engineer: Attempt to derive the source code, underlying ideas, or algorithms of the Software.
• Redistribute: Sell, rent, lease, or sublicense access to the Software to third parties without express written consent.
• White-Label: Remove or obscure any copyright, trademark, or proprietary notices (e.g., the BirthFlow logo).
• Automated Scraping: Use "bots" or scripts to scrape data or bypass the "Mission Control" interface.

The Software, including its "look and feel," the "Agency Clock" logic, the "Milemarker" system, and all proprietary workflows, is the exclusive property of BirthFlow LLC. This license does not grant you any ownership rights. All feedback or suggestions you provide regarding the Software may be implemented by Licensor without compensation to you.

While BirthFlow LLC owns the Software, you (the Licensee) retain ownership of the data you input (e.g., client birth logs, contraction data, and vitals). You grant Licensor a limited license to host, backup, and process this data solely to provide the services requested.

The Software is provided "AS IS." While we strive for 100% uptime for your "Live Journeys," we do not warrant that the Software will be error-free or uninterrupted.

• Medical Disclaimer: BirthFlow is a practice management and data-logging tool. It is NOT a medical device. Licensee is solely responsible for all clinical decisions and patient care outcomes.
• Liability Cap: To the maximum extent permitted by law, BirthFlow LLC's liability for any claim arising from this agreement shall not exceed the amount paid by you for the Software during the 12 months prior to the claim.

This license is effective until terminated. Your rights under this license will terminate automatically if you fail to comply with any terms of this Agreement or fail to maintain a paid subscription. Upon termination, you must cease all use of the Software.

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles.

BirthFlow targets a 99.9% Uptime for the "Mission Control" dashboard and "Live Journey" feeds. While we strive for constant availability to support your clients' births, this target excludes scheduled maintenance and factors beyond our direct control (such as AWS data center outages or regional internet failures).

To ensure the platform remains secure and optimized for your 2026 growth, we perform routine updates:

• Window: Usually occurs between 12:00 AM and 4:00 AM EST on Sundays.
• Notice: For any maintenance expected to last longer than 15 minutes, we will provide at least 24 hours' notice via an in-app banner or email.

Support is currently managed directly by the founding team. All support requests should be sent to support@getbirthflow.com.

• Standard Support Hours: Monday through Friday, 9:00 AM – 5:00 PM EST.
• Response Target: We aim to respond to all technical inquiries within 1 to 2 business days.
• Critical Issues: We monitor the support inbox for "Platform Down" emergencies outside of standard hours on a best-effort basis. Please use the subject line "CRITICAL" for any issue preventing the logging of a live birth event.

In the event that the platform experiences a significant, verified outage (less than 98.0% uptime in a calendar month), you may request a service credit:

• Credit Amount: 10% of your monthly subscription fee.
• Request Process: You must request a credit via email within 7 days of the outage. Credits are issued at the sole discretion of BirthFlow LLC and are applied to future billing cycles.

This SLA applies to the core functionality of the BirthFlow platform. Features explicitly marked as "Beta," "Preview," or "Experimental" (including certain automated messaging or TBD add-ons launching this summer) are provided without an uptime guarantee as we refine their performance.