Terms & Conditions

Effective Date: October 8, 2025
Last Updated: June 29, 2026

Welcome to The Birthing Soul. These Terms & Conditions (“Terms”) govern your use of our mobile application, website, and services (collectively, the “App”). By creating an account, accessing, or using the App, you agree to these Terms. If you do not agree, you may not use the App.

1. Introduction & Agreement

The Birthing Soul provides educational, wellness, and community-based content related to pregnancy, birth, postpartum, and women’s health. We may update these Terms at any time. Continued use of the App constitutes acceptance of revised Terms.

2. Eligibility & User Responsibilities

2.1 You must be at least 18 years old to use the App.
2.2 You agree to provide accurate information when creating an account and to keep login credentials secure.
2.3 You are responsible for all activity under your account.

3. Medical Disclaimer

3.1 The Birthing Soul does not provide medical advice. The content on this App is for educational and informational purposes only.
3.2 This App is not a substitute for professional medical advice, diagnosis, or treatment.
3.3 Always seek the guidance of a qualified physician, midwife, therapist, or healthcare provider with any questions you may have regarding your health, pregnancy, birth, postpartum recovery, or your child’s health.
3.4 Reliance on any information provided by The Birthing Soul is solely at your own risk.
3.5 The Birthing Soul nor any affiliate nor employee is not liable for any injuries, health outcomes, pregnancy or birth complications, postpartum experiences, or any consequences related to the use of this App.

4. Use of Content & Services

4.1 You may access videos, audios, meditations, and resources for personal, non-commercial use only.
4.2 You may not copy, reproduce, resell, or distribute content without prior written consent.
4.3 You agree to use the App in a respectful and lawful manner.
4.4 You consent to push notifications at account setup; Users can withdraw consent through device settings;

LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. 

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

5. Community Guidelines

If the The Birthing Soul provides community spaces (forums, chats, groups), you agree to:

5.1 Engage respectfully and without harassment, discrimination, or abusive behavior.
Not share harmful, unlawful, or misleading content.
Understand that moderators may remove content or suspend accounts that violate these guidelines.

5.2 By submitting, posting, or sharing content in any community feature of the App, or Birthing Soul sanctioned platform,  you grant The Birthing Soul a non-exclusive, royalty-free, worldwide, perpetual license to use, display, reproduce, and moderate such content solely for the purpose of operating and improving the App. You represent that you have the right to grant this license and that your content does not infringe any third-party rights.

6. Intellectual Property

6.1 All content, logos, text, graphics, images, videos, audio, software, and design are the property of The Birthing Soul and protected by copyright and trademark laws.

6.2 You are granted a limited, revocable license to use the App for personal purposes only.

6.3 You may not use any content, data, text, audio, video, imagery, or other materials from The Birthing Soul (i) to develop, train, fine-tune, or evaluate any artificial intelligence, machine learning, or large language model system; (ii) as input to any automated system designed to generate similar content; or (iii) in any manner that creates a derivative work or competing product. Any unauthorized AI use constitutes a material breach of these Terms and infringes The Birthing Soul's intellectual property rights.

6.4 The programming framework, therapeutic sequencing, modality integration, and instructional methodology underlying The Birthing Soul's content constitute proprietary trade secrets of The Birthing Soul. You may not reproduce, teach, sublicense, commercialize, or create derivative works based on such methodology, in whole or in part, for any purpose. This restriction survives termination of your account.

6.5 You agree not to: (a) reverse engineer, decompile, disassemble, or attempt to derive the source code of the App or any underlying algorithms; (b) use any robot, spider, crawler, scraper, or other automated means to access the App or extract content; (c) download, screen-record, capture, or reproduce any audio, video, or other media content from the App except as expressly permitted; (d) circumvent any technological measures designed to prevent unauthorized access; (e) access the App for purposes of competitive intelligence, benchmarking, or building a competing product.

7. Payment, Subscription, Cancellation & Refund Policy

7.1 Access to premium features may require a paid membership. Prices and billing cycles are disclosed at the time of purchase.
7.2 Subscriptions may auto-renew unless canceled through your account settings before the renewal date.
7.3 Refunds are only provided where required by law. Otherwise, all fees are non-refundable.
7.4 Failed payments may result in suspension of your account.

8. Third-Party Services & Links

8.1 The App may link to third-party websites or integrate with external services (e.g., Apple, Google, Stripe).

8.2 We are not responsible for third-party content, policies, or services.

8.3 You acknowledge that this End User License Agreement is between you and The Birthing Soul only, and not with Apple, Inc. ("Apple"). Apple is not responsible for the App or its content. Apple has no obligation to furnish maintenance or support services for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your use of the App. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the App infringes a third party's intellectual property rights. You agree to comply with applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance, Apple will have the right to enforce this Agreement against you as a third-party beneficiary.

9. Privacy & Data Protection

9.1We collect and process personal information in accordance with our Privacy Policy.
9.2 By using the App, you consent to such collection and use.
9.3 You may request account deletion and data removal at any time.

10. Health, Safety & Risk Acknowledgment

10.1 By using this App, you acknowledge and assume full responsibility for your health and safety.
10.2 Users experiencing a medical emergency should call 911 immediately, not consult the App. Postpartum depression/psychosis is a genuine medical emergency, if you suspect you are experiencing suicidal or psychotic symptoms or are in mental health crisis, call 911 or 988 Suicide & Crisis Lifeline; Postpartum Support International helpline: 1-800-944-4773

10.3 Contributors appearing in the App are not acting as your personal healthcare provider and no practitioner-patient relationship is created through use of the App

10.4 Users should clear all physical practices with their OB, midwife, or care provider before participation.

10.5 You agree to participate at your own risk.

11. Limitation of Liability & Indemnification

11.1 The Birthing Soul is not liable for any direct, indirect, incidental, or consequential damages resulting from use of the App or reliance on its content.
11.2 You agree to indemnify and hold harmless The Birthing Soul, its founders, affiliates, partners, and employees against any claims, damages, liabilities, or expenses arising out of your use of the App.

12. Termination of Access

12.1 We may suspend or terminate your account at our discretion, including for violations of these Terms.
12.2 You may cancel your account at any time.

13. Service Availability, Technical Issues &

Force Majeure

13.1 We strive to provide reliable access but do not guarantee uninterrupted or error-free service.
13.2 The Birthing Soul shall not be liable for any delay, interruption, failure, or inability to provide services resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, severe weather events, pandemics, epidemics, war, terrorism, civil unrest, labor disputes, governmental actions, utility or internet outages, cyberattacks, or other unforeseen events. During such events, The Birthing Soul reserves the right to suspend, modify, or discontinue access to services without liability until normal operations can reasonably resume.

14. Modifications to the App

We may update, modify, or discontinue parts of the App at any time without notice.

15. Governing Law & Dispute Resolution

15.1 These Terms are governed by the laws of the State of Colorado, USA.

15.2 DISPUTE RESOLUTION. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App — except disputes that qualify for small claims court — shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended from time to time. The arbitration shall take place in Denver, Colorado. You and The Birthing Soul waive the right to a jury trial and to participate in any class action or representative proceeding.  OPT-OUT: You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing legal@thebirthingsoul.com with the subject line "Arbitration Opt-Out." Opt-out does not affect any other provision of these Terms.  CLASS ACTION WAIVER: Whether or not you opt out of arbitration, you agree that any claims must be brought in your individual capacity, and not as a plaintiff or class member in any class or representative action. This waiver is severable from the arbitration agreement and shall apply even if arbitration is not required.

15.3 You waive the right to participate in class-action lawsuits.

16. Severability 

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

17. Assignment 

TBS may assign the Terms to a successor entity (important for future acquisition scenarios), but users may not assign their rights without TBS's written consent.

18. Waiver

No waiver of any provision of these Terms shall be effective unless in writing. The failure of The Birthing Soul to enforce any provision shall not constitute a waiver of its right to enforce such provision in the future.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Birthing Soul regarding your use of the App and supersede all prior agreements, representations, and understandings.

Contact Information

For questions about these Terms, please contact us:
The Birthing Soul Support
Email: support@thebirthingsoul.com
Website: TheBirthingSoul.com