Effective Date: October 1, 2025
Last Updated: October 1, 2025

1) Who We Are

These Terms & Conditions (“Terms”) govern your access to and use of the Birth You Desire website, related pages, client areas (now or in the future), and any content, products, or services offered through it (collectively, the “Site”). The Site is owned and operated by Birth You Desire LLC, 6222 E Nisbet Rd, Scottsdale, AZ 85254, USA (“BYD,” “we,” “us,” “our”). Contact: [email protected].

By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

2) Geographic Scope & Service Availability

We serve clients in the United States for in-person services. Virtual services are performed from the United States and made available to clients in various locations. We may limit or refuse service in any jurisdiction at our discretion.

3) Not Medical Care; No Emergency Services

BYD provides education and non-medical support services. We are not a healthcare provider and do not practice medicine, nursing, midwifery, or any licensed clinical profession. Content on the Site and in our services is for educational purposes only and is not medical advice. Always consult your physician, midwife, or other qualified provider regarding any health questions. In an emergency, call your local emergency number immediately. BYD does not dispatch or provide emergency services.

4) Eligibility; Minors

You must be at least 18 years old, or have a parent or legal guardian’s consent and oversight, to use the Site or purchase services. By using the Site, you represent you meet this requirement.

5) Offerings Described on the Site

The Site may promote some or all of the following: discovery call bookings; in-person doula services; virtual/tele-doula services; group classes; on-demand courses/e-learning; postpartum services (including lactation consulting, sleep consulting, belly binding, placenta encapsulation); TENS unit rental; and digital downloads. We may offer additional services in the future and reserve the right to update the service list at any time.

6) Accounts & Client Portal

We may offer user accounts or a client portal in the future. If you create an account, you are responsible for safeguarding your credentials and for all

activity under your account. Do not share your password. We may suspend or terminate accounts for violation of these Terms or applicable law.

7) Scheduling, Cancellations, and No-Shows

Scheduled services, appointments, or event participation cannot be canceled or rescheduled without BYD’s prior written permission.

Requests must be made in writing and may be granted or denied in BYD’s sole discretion.

Failure to attend a scheduled session without prior written approval results in forfeiture of that service without refund or credit.

8) Payments; Pricing; Taxes

Accepted Methods: Cash, check, or ACH only. We do not accept credit cards.

Payment terms are due as stated at checkout, invoice, or service agreement.

You agree to pay any reasonable administrative fees and bank fees for returned checks or failed ACH payments.

Prices exclude applicable taxes or government fees unless expressly stated. We may update prices and fees prospectively at any time.

9) Refunds & Final Sales

Doula Services:

Deposits are non-refundable. Once the gestation period reaches 36 weeks, no cancellations or refunds are provided. The doula has reserved availability and must be fully compensated for time and expertise.

Childbirth Education & Postpartum Services (including classes, workshops, services, and digital materials):

All sales are final. We do not offer refunds under any circumstances once purchased or accessed. Please purchase mindfully and contact us with questions before booking.

On-Demand Courses / Digital Materials:

Access or download constitutes delivery. Non-refundable once delivered/accessed.

10) Chargebacks; Dispute Procedure for Payments

You agree to contact BYD first at [email protected] to attempt to resolve any billing or service issues before initiating a chargeback. If you initiate a chargeback contrary to these Terms and the chargeback is not upheld, you agree to reimburse BYD for reasonable costs, fees, and expenses (including administrative time and third-party costs) incurred in responding.

11) TENS Unit Rental

TENS unit rental terms, including deposits, duration, late fees, damage/loss fees, return process, and shipping responsibilities, are governed by the applicable Rental Agreement provided at the time of rental, which BYD may update from time to time. In case of conflict between these Terms and a signed Rental Agreement for the TENS unit, the Rental Agreement controls for the rental.

12) Placenta Encapsulation & Belly Binding – Important Disclaimers

BYD does not provide medical care and does not guarantee outcomes, benefits, or results from placenta encapsulation, belly binding, or any postpartum service.

You agree to follow all intake procedures, disclose relevant medical history and conditions (including infectious diseases or contraindications), follow safe handling/transport instructions, and comply with all instructions we provide.

You are responsible for confirming your location’s rules (hospital or birth center policies) regarding release/handling of placental tissue and any third-party restrictions.

You understand and accept the risks and uncertainties associated with these services and agree BYD is not liable for outcomes or for third-party refusals or restrictions.

13) Doula Role, Backup, and Hospital/Facility Policies

Doulas provide emotional, educational, and physical comfort support. They do not perform clinical tasks, diagnose, prescribe, or make medical decisions.

Facilities may restrict attendance, photography/videography, or doula presence. BYD is not responsible for third-party policies, staff decisions, or access limitations.

BYD may assign a qualified backup doula at its discretion when needed (e.g., illness, emergency, overlapping clients). Backup coverage may be in-person or virtual depending on circumstances.

If illness or safety risks arise (client, partner, doula, or household), BYD may adjust support (e.g., switch to virtual, substitute providers, change timing) to protect all parties.

14) Professional Boundaries & Photography/Videography

BYD personnel will not perform clinical procedures, drive clients, or provide childcare.

If you request or permit recordings, you are responsible for ensuring venue and third-party permissions. BYD is not liable for denied access or policy violations. BYD may request that any recording cease if it interferes with services.

15) Intellectual Property & License

All Site content, including text, images, logos, videos, class content, course modules, worksheets, and downloads, is owned by BYD or its licensors and protected by law. Subject to your compliance with these Terms, BYD grants you a limited, revocable, non-exclusive, non-transferable license to access and personally use the Site and any purchased materials for your own household’s personal, non-commercial use.
You may not copy, record, share, resell, sublicense, redistribute, publicly perform, or create derivative works from BYD materials without our prior written consent. Partner, affiliate, or instructor uses are not permitted unless expressly authorized in writing by BYD.

16) User Content; Reviews

If the Site enables comments, reviews, or uploads, you grant BYD a worldwide, royalty-free license to use, reproduce, display, and distribute such content for Site operation and marketing, subject to any privacy commitments we make. We may moderate or remove content at our discretion.

17) Privacy, Cookies, Accessibility, and HIPAA

We will provide a dedicated Privacy Policy page explaining how we collect and use data. We will provide a separate Cookies Policy. We will provide a separate Accessibility Statement. We will provide a separate HIPAA policy/notice if and when applicable. BYD’s Site is not intended to collect protected health information (PHI). Do not submit PHI via general Site forms. If PHI is required, BYD will direct you to an appropriate secure channel.

18) Third-Party Links & Tools

The Site may reference third-party websites, tools, or resources. BYD is not responsible for third-party content, policies, or practices. Use third-party services at your own risk and subject to their terms.

19) Disclaimers

THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BYD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, OR ANY SPECIFIC OUTCOME.

20) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BYD’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SITE OR SERVICES WILL NOT EXCEED THE FEES YOU PAID TO BYD IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. BYD WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES; LOSS OF PROFITS; LOSS OF DATA; OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

Some jurisdictions do not allow certain limitations; in such cases, the limitation applies to the fullest extent permitted by law.

21) Indemnification

You agree to indemnify, defend, and hold harmless BYD and its owners, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, your misuse of the Site or services, your violation of law, or third-party rights (including facility policy violations and unauthorized recordings).

22) Good-Faith Resolution; Mediation; Arbitration; Class Waiver

Before formal proceedings, the parties will attempt in good faith to resolve disputes through discussion.

If not resolved within 30 days, either party may demand non-binding mediation in Maryland (virtual attendance permitted).

If mediation fails, disputes shall be resolved by binding arbitration administered by a reputable provider (e.g., AAA or JAMS) under its consumer/commercial rules, seated in Maryland (virtual proceedings permitted). The arbitrator may award individual relief consistent with these Terms.

You and BYD agree to arbitrate only on an individual basis. No class, collective, consolidated, or representative actions or arbitrations are permitted.

Either party may seek temporary injunctive relief in a court of competent jurisdiction to preserve the status quo. Claims that qualify may be brought in small claims court in Maryland.

23) Governing Law

These Terms are governed by the laws of the State of Maryland, without regard to conflict-of-laws rules, and subject to the dispute resolution process above.

24) Force Majeure

BYD is not liable for delays or failures caused by events beyond our reasonable control, including but not limited to acts of God, epidemics/pandemics, labor disputes, supply interruptions, facility restrictions, transportation failures, severe weather, or government actions.

25) Changes to the Site or Terms

We may update the Site and these Terms at any time. Changes are effective when posted with the “Last Updated” date. Your continued use after changes constitutes acceptance.

26) Assignment

You may not assign your rights or obligations under these Terms without BYD’s prior written consent. We may assign these Terms in connection with a

merger, sale, or corporate reorganization.

27) Severability; No Waiver; Entire Agreement

If any provision is held invalid, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver. These Terms, together with any service-specific agreement or rental agreement you sign and the referenced policies (Privacy, Cookies, Accessibility, HIPAA), constitute the entire agreement between you and BYD concerning the Site and public-facing service terms.

28) Contact

Questions about these Terms? Contact [email protected] or write to Birth You Desire LLC, 6222 E Nisbet Rd, Scottsdale, AZ 85254, USA.