Swaddl Family Terms of Service

These Terms of Service ("Terms") are an agreement between Swaddl LLC ("Swaddl," "we," "us") and you, a person who creates a family account on the Swaddl platform (the "Platform") to find and book a doula. By creating an account, you accept these Terms and the Privacy Policy. If you do not accept them, do not create an account.

---

1. The Platform and Defined Terms

1.1 What Swaddl does. Swaddl operates an online marketplace that connects families with independent, certified doulas. Swaddl provides matching, scheduling tools, contract generation and electronic signature, payment collection, and claim-ready statements for employer benefit programs.

1.2 What Swaddl does not do. Swaddl does not provide doula services. Doulas you book through the Platform are independent contractors, not Swaddl employees. Swaddl is not a doula agency, a healthcare provider, or a medical service.

1.3 Not medical care. Doulas provide non-clinical support. They do not diagnose, treat, or prescribe. Consult a licensed medical provider for any medical concern.

1.4 Defined terms. In these Terms:

• "Family" means the person who uses the Platform to find and book a Doula, together with that person's household where the context requires. "You" means the Family.
• "Doula" means an independent doula who holds a doula account on the Platform.
• "Care Contract" means the service contract between you and a Doula for doula services.
• "Review Window" means the 48-hour period described in Section 5.

2. Eligibility and Your Account

You must be at least 18 years old and able to enter binding contracts. The information you provide must be accurate and current. You are responsible for activity under your account and for keeping your login credentials confidential.

3. Choosing and Booking a Doula

3.1 The Care Contract. Swaddl helps you find a Doula. You choose whether to book. When you book, you enter into a Care Contract directly with that Doula. Swaddl is not a party to the Care Contract. Swaddl collects payment under it as described in Section 4.

3.2 Listing conditions. Before listing a Doula, Swaddl reviews the Doula's certifications, credentials, and proof of insurance, and interviews the Doula. Each Doula obtains a background check before Swaddl lists the Doula and renews it at least every two years. Swaddl reviews the result page the Doula provides; Swaddl does not verify it with the screening provider. Swaddl does not guarantee the quality, safety, or outcome of any Doula's services. You are responsible for deciding whether a Doula is right for your family.

3.3 Care decisions. All decisions about your care, your child's care, and your home remain yours. A Doula provides support, not direction.

3.4 Scheduling and backups. Your schedule, including any change to a visit, is arranged directly between you and your Doula. Swaddl does not arrange, approve, or guarantee backup coverage. If your Doula cannot attend a visit, the Doula may offer a backup doula the Doula has arranged. Whether to accept a backup is your decision.

3.5 If your Doula stops working with you. Any amount you have paid for care not yet provided is refunded to you, and you may book another Doula through the Platform. Swaddl does not assign a replacement.

3.6 Disagreements with your Doula. A disagreement between you and your Doula, including about care, scheduling, or recorded hours, is for the two of you to resolve. Swaddl does not mediate or decide it.

3.7 Safety. Tell Swaddl promptly about any incident, injury, or safety concern involving a Doula. Section 3.6 does not limit this.

4. Payments

4.1 Pricing. Each Doula sets the Doula's own rates. The price of a Care Contract is disclosed before you book.

4.2 Payment. You authorize Swaddl, through Stripe, to charge the payment method on file according to the Care Contract. Most Care Contracts are paid in full before care begins; some allow installments. Swaddl collects payment as the Doula's limited payment collection agent. Your payment to Swaddl satisfies your payment obligation to the Doula for that amount. Swaddl holds the payment and releases it to the Doula as care is provided and approved under Section 5.

4.3 Employer benefit programs. If you have eligible employer benefits (for example Carrot Fertility, Maven, or Progyny), Swaddl prepares a claim-ready statement in your program's required format and gives it to you. You submit your own claim. Swaddl does not submit it for you and does not act as your billing agent. You pay Swaddl for the Care Contract, and your benefit program reimburses you directly. Reimbursement timing and amount depend on your plan. Swaddl does not guarantee reimbursement.

4.4 Chargebacks. If you initiate a chargeback for services already provided, or for amounts the Doula is entitled to under the Care Contract, you may be liable to Swaddl and the Doula for the disputed amount plus reasonable costs of recovery.

5. Weekly Hours and the Review Window

For hourly care, your Doula records hours on the Platform each week. You have 48 hours from when the week is submitted (the "Review Window") to approve it or flag anything that is wrong. If you do not respond within the Review Window, the week is approved automatically.

To flag a week, you enter the hours you believe are correct for the visits in question. The week goes back to your Doula, who may accept your hours, or correct the week and resubmit it, in which case you have a new Review Window. If your Doula accepts, or does neither within 48 hours after the week is returned and has not resubmitted by the next weekly settlement, the week is settled as you reviewed it, with your hours on the visits you flagged. No visit is settled at more hours than you reviewed or than your Doula last recorded. A visit your Doula adds or records as worked after your flag is sent to you for review separately. Once a week is approved, the Doula's payment for it is released and cannot be reversed.

6. Refunds

If your Care Contract ends early, whether because you end it or because your Doula stops working with you, money you have paid for care not yet provided is refunded to you in full. Swaddl keeps no fee on care that was not provided. A Care Contract ended for cause, as that contract describes, is refunded as the Care Contract provides. Refunds go to your original payment method.

7. Your Responsibilities

You agree to:

• Provide accurate intake information so Swaddl can match you appropriately.
• Treat Doulas and Swaddl personnel with respect.
• Provide a reasonably safe environment for the Doula in your home.
• Work out scheduling changes directly with your Doula.
• Pay amounts due under your Care Contract on time.
• Not engage a Doula introduced to you through Swaddl to provide paid doula services outside the Platform during an engagement or for 12 months after it ends.

8. Privacy

Information you provide, including intake responses about your pregnancy, postpartum experience, mental health, feeding, and household, is handled as described in the Privacy Policy.

9. Disclaimers and Limitation of Liability

9.1 As is. The Platform and the Doula matches it surfaces are provided "as is" and "as available," without warranties of any kind, express or implied.

9.2 Doula services. Swaddl is not responsible for services provided by a Doula. This includes the quality, safety, timeliness, or outcome of care; injury or harm occurring during a visit; loss of or damage to property; and any decision you make in reliance on a Doula's support.

9.3 Cap. To the maximum extent permitted by law, Swaddl's total liability to you for all claims arising out of these Terms or your use of the Platform will not exceed the greater of (a) the platform fees Swaddl retained from your bookings in the 12 months before the claim arose, and (b) $500.

9.4 Excluded damages. Swaddl is not liable for indirect, incidental, special, consequential, or punitive damages, however arising.

9.5 Exceptions. Sections 9.3 and 9.4 do not limit liability for fraud, gross negligence, or willful misconduct, or any liability that cannot be limited under applicable law.

10. Indemnification

You will indemnify and hold harmless Swaddl, its affiliates, and their officers, members, employees, and agents from any claim, loss, or expense (including reasonable attorneys' fees) arising from: (a) your breach of these Terms; (b) your misuse of the Platform; (c) a dispute between you and a Doula that is not caused by Swaddl; or (d) inaccurate information you submitted to a benefit program.

11. Termination

You may close your account at any time by emailing hello@swaddl.co. Care Contracts in progress continue under their own terms. Swaddl may suspend or terminate your account for breach of these Terms, abusive conduct, fraud, or chargeback abuse.

12. Disputes With Swaddl

This Section applies to claims between you and Swaddl. It does not apply to disagreements between you and a Doula (Section 3.6).

12.1 Informal resolution first. Before starting arbitration or any other proceeding, you agree to send Swaddl a written notice describing the dispute and the relief you seek, and to attempt in good faith to resolve it for 30 days. Swaddl agrees to do the same before bringing a claim against you.

12.2 Arbitration. Any dispute not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in New York, New York, or remotely if both parties agree. The Federal Arbitration Act governs this Section. The arbitrator, and not a court, decides any question about the scope, applicability, or enforceability of this Section. You and Swaddl each waive any right to a jury trial.

12.3 Class action waiver. You may bring claims only in your individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative action. If this waiver is found unenforceable as to a claim, that claim proceeds in court, not in arbitration.

12.4 Opt-out. You may opt out of Sections 12.2 and 12.3 by emailing hello@swaddl.co within 30 days after you first accept these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other provision of these Terms.

12.5 Carve-outs. Either party may seek injunctive relief in court for misuse of intellectual property. Small claims court remains available for qualifying claims. Nothing in this Section prevents you from bringing a claim of sexual assault or sexual harassment in court where the law gives you that election.

13. Changes to These Terms

Swaddl may update these Terms. Material changes will be communicated by email and through the Platform at least 30 days before they take effect. Your continued use of the Platform after the effective date is acceptance of the updated Terms. A change does not apply to a dispute that arose, or of which either party gave notice under Section 12.1, before the change took effect.

14. General

14.1 Governing law. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.

14.2 Entire agreement and precedence. These Terms and the Privacy Policy are the entire agreement between you and Swaddl about the Platform. Your Care Contract is a separate agreement between you and your Doula. On payment collection, refunds, and the Review Window, these Terms control over any inconsistent term of a Care Contract.

14.3 Assignment. You may not assign these Terms. Swaddl may assign them to an affiliate or to a successor in a merger, acquisition, or sale of assets.

14.4 Severability and waiver. If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver of it.

14.5 Force majeure. Swaddl is not liable for a failure or delay caused by events beyond its reasonable control, including outages of third-party services on which the Platform depends.

14.6 Electronic records and communications. You consent to receive notices, receipts, statements, and all other communications from Swaddl electronically, at the email address and mobile number on your account, and you agree that electronic signatures and records satisfy any requirement that an agreement or notice be in writing. You may withdraw this consent, or request a paper copy, by emailing hello@swaddl.co; withdrawal may prevent you from using the Platform. Notices to Swaddl go to hello@swaddl.co.

14.7 Survival. Sections 4.4, 7 (last bullet), 9, 10, 12, and 14 survive termination of your account.

Contact: hello@swaddl.co