Terms and Conditions

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

Birth Your Way is a birth planning tool intended for personal, non-commercial use. It is not a clinical system and is not subject to healthcare data regulations such as HIPAA. The Services are hosted in the United Kingdom and are governed by UK law.

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

1. Our Content and Marks are protected by copyright and trademark laws in the United Kingdom and internationally
2. The Content and Marks are provided "AS IS" for your personal, non-commercial use or internal business purpose only
3. We grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print copies of Content for personal, non-commercial use

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

By using the Services, you represent and warrant that:

1. You have the legal capacity and agree to comply with these Legal Terms
2. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services
3. You will not access the Services through automated or non-human means
4. You will not use the Services for any illegal or unauthorised purpose
5. Your use of the Services will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

1. Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information
3. Circumvent, disable, or otherwise interfere with security-related features of the Services
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services
5. Use any information obtained from the Services to harass, abuse, or harm another person
6. Make improper use of our support services or submit false reports of abuse or misconduct
7. Use the Services in a manner inconsistent with any applicable laws or regulations
8. Engage in unauthorised framing of or linking to the Services
9. Upload or transmit viruses, Trojan horses, or other harmful material
10. Engage in any automated use of the system, such as using scripts to send comments or messages
11. Delete the copyright or other proprietary rights notice from any Content
12. Attempt to impersonate another user or person or use the username of another user
13. Interfere with, disrupt, or create an undue burden on the Services or connected networks
14. Harass, annoy, intimidate, or threaten any of our employees or agents
15. Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
16. Use the Services as part of any effort to compete with us or for any revenue-generating endeavour or commercial enterprise

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, "Contributions").

1. The creation, distribution, transmission, public display, or performance of your Contributions do not infringe the proprietary rights of any third party
2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use your Contributions
3. You have written consent of each identifiable individual person in your Contributions
4. Your Contributions are not false, inaccurate, or misleading
5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
8. Your Contributions do not violate any applicable law, regulation, or rule
9. Your Contributions do not violate the privacy or publicity rights of any third party
10. Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you.

1. Do not decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App
2. Do not make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App
3. Do not violate any applicable laws, rules, or regulations in connection with your access or use of the App
4. Do not remove, alter, or obscure any proprietary notice posted by us or the licensors of the App
5. Do not use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed
6. Do not make the App available over a network or other environment permitting access by multiple devices or users at the same time

For Apple and Android devices: The licence granted to you is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service.

The Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites.

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

We reserve the right, but not the obligation, to:

1. Monitor the Services for violations of these Legal Terms
2. Take appropriate legal action against anyone who violates the law or these Legal Terms
3. Refuse, restrict access to, limit the availability of, or disable any of your Contributions
4. Remove from the Services or otherwise disable all files and content that are excessive in size
5. Otherwise manage the Services in a manner designed to protect our rights and property

We care about data privacy and security. Please review our Privacy Policy: https://www.birthplan.co.uk/legal/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy.

Please be advised the Services are hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason or for no reason.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services.

These Legal Terms are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded.

If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. Sabr Labs and yourself both agree to submit to the non-exclusive jurisdiction of the courts of London.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

1. Any dispute arising from the relationships between the Parties shall be determined by one arbitrator chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration
2. The seat of arbitration shall be London, United Kingdom
3. The language of the proceedings shall be English
4. Applicable rules of substantive law shall be the law of the United Kingdom

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. There is no right or authority for any Dispute to be arbitrated on a class-action basis.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, UNAUTHORISED ACCESS TO SECURE SERVERS, INTERRUPTION OR CESSATION OF TRANSMISSION, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING UNDER THE CONSUMER RIGHTS ACT 2015 OR THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of:

1. Use of the Services
2. Breach of these Legal Terms
3. Any breach of your representations and warranties set forth in these Legal Terms
4. Your violation of the rights of a third party, including but not limited to intellectual property rights
5. Any overt harmful act toward any other user of the Services

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services.

Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature.

If you have a complaint about our Services that we have not resolved to your satisfaction, you may seek assistance from the following:

1. Citizens Advice Bureau — citizensadvice.org.uk for consumer advice
2. The Information Commissioner's Office (ICO) — ico.org.uk for data protection complaints
3. Alternative dispute resolution via a certified ADR provider if agreed by both parties

Nothing in these Legal Terms limits your statutory rights as a consumer under UK law.

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

We may assign any or all of our rights and obligations to others at any time. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: