Terms of Service

Welcome to Hatch Health, Inc. ("hatch health", the "Company", "we", "our", or "us".) These Terms of Services (the "Terms") set forth the terms and conditions that apply when you access and use our website www.joinhatch.co (the “Website”), and any and all related technologies, software, communications, resources, and engagement with our services (collectively, the “Hatch Health Services” or “Services). Please review the following terms carefully. If you do not agree to these Terms, you are not permitted to access or use the Services.

Our Privacy Policy explains how we collect and use your personal data. By visiting our site or using any of our Services, you agree to these Terms and acknowledge and agree to the collection, use, and disclosure of your personal data in accordance with our Privacy Policy.

Services. Hatch Health is a platform that offers access to on-demand lactation support, fertility care providers, prenatal care providers, postpartum care providers, virtual, birth, and postpartum doulas, and other maternal care related consultation services (collectively, the “Services”) through our network of fertility, prenatal, childbirth, breastfeeding, and newborn care providers (collectively, the “Providers”). While Hatch Health facilitates access to the Services by connecting Website users and Providers, Hatch Health does not provide medical services or advice. 

Hatch Health, our virtual navigators, and virtual doulas are not not licensed in any jurisdiction to provide any licensed medical service. The Service is intended to be a general information resource, and any information on or which may be discovered through the Service is intended to be general information in regard to the subject matter covered. The Services themselves are not intended to provide medical advice or replace medical advice. It is highly recommended that you verify any information you obtain from or through the Services with other reliable sources, and consult your healthcare provider regarding any medical condition or treatment. You should never disregard professional medical advice, delay, or avoid seeking medical treatment because of any information you have read on or accessed through our Services. Hatch Health does not endorse or make any claims about the effectiveness, appropriateness, or suitability of any tests, products, procedures, treatments, services, opinions, healthcare providers, or other information that may be available through our Services. Hatch Health is not responsible or liable for advice, treatment, diagnosis, or other information, products, or services obtained through the Services. In case of a medical emergency, you should call your doctor, go to the emergency department, or call 911 immediately.

As part of the Services, Hatch Health may provide you with various types of information, content, and features such as articles, graphics, statistics, data, product information, and audio and video files. These materials, collectively referred to as “Website Content,” may also include content from third-party sources. Although we strive to provide accurate and complete information, Hatch Health is not responsible for any inaccuracies or omissions in the Website Content. We do not make any guarantees about the quality, accuracy, or completeness of the Website Content and do not accept liability for any losses that may result from relying on the Website Content or using the Services.

The Terms apply to the Services currently offered and any future Services offered by Hatch Health. Hatch Health reserves the right to change, suspend, or discontinue any aspect of the Services at any time, for any reason, with or without notice to users. The Services are available only to individuals who can form legally binding contracts under applicable law. The Services are not available to children (persons under the age of 18) or to any user whose use of the Services has been suspended or revoked. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to these Terms of Service. Hatch Health reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion. Violation of these Terms may result in termination of access to the Services.

‍Independent Contractors. Any Provider that is matched with you is an independent contractor and not an employee, agent, joint venturer, or partner of Hatch Health. Providers do not have any express or implied power to enter into any contracts or commitments or to incur any liabilities in the name of, or on behalf of, Hatch Health, or to bind Hatch Health in any respect whatsoever.

‍Provider Qualifications. Your care is the responsibility of you and your Provider(s). Hatch Health makes an effort to verify the credentials of all Providers and to ensure that they are in good standing with their respective licensure board(s). However, Hatch Health is not responsible for credentialing Providers, and we cannot guarantee the accuracy of Providers’ credentials or claims. Furthermore, changes in your Provider’s professional status could occur after our initial credential check and before you select your Provider. Therefore, it is your responsibility to independently verify that your Provider is in good standing with their respective licensing board(s). As part of our online platform, we may provide profile pages for Providers, which allows them to share information about their education, training, experience, and areas of specialization. The content of these profiles is the sole responsibility of the Providers, and Hatch Health does not guarantee the accuracy or reliability of any information contained therein.

‍Limitations of Use. By using the Website or Services, you agree that you will not::
- Pretend to be someone else or falsely claim affiliation with someone or something else
- Use the Services in a way that violates any local, state, national or international laws;
- Try to reverse engineer, disassemble, decompile, or translate any software or other parts of the Website or Services;
- Distribute viruses or other harmful computer code through the Website; or 
- Use the Services or Website in any way that goes beyond what you’re allowed to do.

Additionally, you acknowledge and agree that you will not:
- Behave in a way that could lead to disputes, arguments or fights with other users of the Services or any third parties you meet through the Services;
- Collect or store other user’s personal information, including usernames or email addresses, to send unsolicited emails or messages;
- Use abusive language or conduct yourself unlawfully when communicating with Providers through the Website;
- Contact Provider for Services outside of the Website.

Hatch Health is not responsible for any interactions with Providers that are not conducted through Hatch Health.

‍User Information. You may choose to provide Hatch Health, Providers, or other users with information about yourself in connection with your use of the Services (collectively, the “User Information”). You acknowledge and agree that you are free to share or withhold User Information at your discretion, and that if you do provide such information, you do so with the understanding that we may use it as described in this Agreement, and that we do not have control over third parties, such as other users.

To effectively provide the Services, Hatch Health may need to record communication sessions, such as video conferences, audio conferences, telephone calls, text chat, and others that occur through the Services. By participating in a video conference in connection with the Services, you are consenting to Hatch Health recording such conferences for the purpose of delivering and improving the Services. These recordings are included in the definition of User Information.

By providing User Information, you acknowledge and agree that you may receive emails, phone calls, text messages, push notifications, or other communications from us or from Providers related to the Services or about your use of our Services. You may also receive marketing materials from us. Any notices, agreements, disclosures, or other communications that we send to you electronically will be deemed to satisfy any legal communication requirements to the extent permitted by applicable law. Such communications may contain User Information or Information from Providers. If you wish to opt out of receiving marketing communications from us, please follow the unsubscribe link in the applicable correspondence. Note that you may continue to receive communications related to the Services.

We agree to keep User Information confidential and not to disclose it to any third party, except as necessary or reasonably useful to provide the Services or to certain third-party vendors who support our ability to provide the Services. This includes Providers. We have the right to use, for any purpose other than sale to a third party, any aggregated, anonymized information derived from combining your User Information with that of other users, provided such information cannot be used to identify any user.

By providing User Information, you grant to Hatch Health a perpetual, irrevocable, royalty-free, worldwide right and license to copy, display make derivative works of, and otherwise use your User Information to provide the Service and to develop or improve any Hatch Health product or service, subject in all respects to Hatch Health’s confidentiality obligations.

‍Ownership and Use of Content. All content on the website is owned by Hatch Health and is protected by global copyright laws and treaties, unless otherwise stated. The intellectual property and all services associated with Hatch Health are also owned by Hatch Health (collectively, the “Property). You agree not to engage in any direct or indirect sale, licensing, distribution, copying, modification, display, transmission, publication, editing, adaption, creation of derivative works, or any other unauthorized use of the Property of Hatch Health.

These Terms of Use do not grant you any license or intellectual property rights. If you have any licensing inquiries, please contact us at privacy@joinhatch.co.

You may provide feedback and ideas to Hatch Health (collectively, the “Feedback”). By providing Feedback, you acknowledge and agree that: (i) your Feedback becomes our property and you will not receive any compensation in exchange; (ii) none of the suggestions contained in the Feedback include confidential or proprietary information of any third party; (iii) we may use or distribute the Feedback for any purpose and in any way; (iv) we have no obligation to review your Feedback; and (v) we have no obligation to keep any Feedback confidential.

‍Access, Suspension, Violation, and Termination. These Terms will take effect from your initial visit or use of any feature integrated into the Services and will apply to all subsequent visits and uses. However, Hatch Health reserves the right to suspend or terminate these Terms with or without cause, without notice, and in its sole discretion, denying you access to any of the Services. In the event of such termination, Hatch Health will not be held liable to you or any third party.

If your use of the Services is terminated, you will lose your authorization to access any Hatch Health website or application, or to use any of the Services provided by Hatch Health. Any suspension, violation, or termination of these Terms does not release you from your obligation to pay any fees or charges accrued prior to such suspension, violation, or termination. Hatch Health also reserves the right to take any necessary action, including legal, to recover any unpaid amounts.

Your right to use the Services is not transferable or assignable. Any login, account information, password, or right given to you to obtain information is not transferable or assignable.

Geographic Availability. Not all of the Services are available in all geographic locations. Hatch Health may limit access to certain Services based on geographic location and reserves the right to restrict any user from accessing the Services at any time, without notice. The Services are not intended for use in jurisdictions where their use would be against the law or regulation. Hatch Health and its licensees or affiliates are not responsible for any registration requirements that may arise in non-US jurisdictions or countries.

Pricing and Payment Terms. Certain features of the Services may require payment. By choosing to use these paid features, you agree to the pricing and payment terms found at joinhatch.co/pricing (as we may update them from time to time, the "Pricing and Payment Terms"), which are incorporated into these Terms. Offers for subscriptions and other services may change at any time, and Hatch Health may add new services or fees at any time, at its sole discretion. If we commit to a specific Subscription Fee for a certain period , we will honor that fee. Any changes to pricing and payment terms will be effective for the next billing cycle after notice is given to you. "Subscription Fee" refers to the recurring amount you pay for a subscription.

Automatic Subscription Renewals. Subscriptions are automatically renewed at the end of each subscription term, which is equal in length to the initial subscription term (each such period, the "Subscription Term"), unless you cancel in accordance with the cancellation process described in the "Cancellation Process" section below. Please refer to the Pricing and Payment Terms for the latest information on Subscription Fees. If you sign up for a free trial, your first subscription term will begin at the end of the free trial period (as described in the "Free Trials" section below).

Payment Processing. To enable you to pay for our Services using bank account, credit card, debit card, or HSA/FSA cards, we employ a third-party payment processor called Stripe, Inc. ("Stripe"). We do not process payments for our Services or Subscription Fees ourselves. Stripe provides payment processing services for us, subject to its own terms and conditions and policies available at stripe.com/legal and stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to our Terms, you also agree to be bound by the Stripe Agreements, as may be modified by Stripe from time to time. You authorize Stripe to continue billing your specified payment method, even after it has expired, to ensure uninterrupted payment for your use of our Services . For more information, please contact Stripe. We are not liable or responsible for any payments you make through Stripe.

Free Trials. We may offer free trials to specific parts of the Services at our discretion, subject to the offer's terms. If you sign up for free trial, we will automatically charge your payment method on the first day of the Subscription Term following the end of the free trial period and on each recurring billing date thereafter, in accordance with these Terms. To avoid charges, you must cancel your free trial before it expires per the Cancellation Process. Cancelling your free trial may take effect immediately.

Cancellation Process. To cancel your Subscription, please send an email to membership@joinhatch.co before the start of the next Subscription Term. You will still have access to the Subscription until the end of the current Subscription Term. If you do not notify us of your cancellation, your Subscription and corresponding fees will renew automatically. By agreeing to these terms, you authorize us or our third-party payment processors to charge you the applicable Subscription Fees and any taxes using any eligible payment method we have on file, without prior notice unless required by applicable law.
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‍Third Party Materials. Hatch Health may include advertisements and information, features and services, provided by other users or third parties (collectively, the “Third Party Materials”) on our Website. The inclusion of Third Party Materials, whether or not provided by us, does not imply endorsement, approval, or verification of such Third Party Materials or the policies, products, or services of any third party. We may not always review Third Party Materials and cannot be held responsible or liable for their quality, availability, completeness, or compliance with any law, rule, or regulation. By providing access to Third Party Materials, Hatch Health is not recommending the products, features, or services of any third party. Subject to the terms of applicable service or other agreements, we may remove Third Party Materials upon written request by its owner or licensor. You are responsible for evaluating and assuming all risks associated with using any content, including relying on its accuracy, completeness, or usefulness.

‍Disclaimers and Warranties. The Services provided by Hatch Health are offered “as is,” “as available”, and without any warranties of any kind whether express or implied. Hatch Health expressly disclaims all warranties, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Hatch Health does not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components, and makes no representations or warranties concerning the accuracy or reliability of the information contained in or  provided through the Services. You acknowledge and agree that your use of the Services is at your sole risk, and that you will be solely responsible for any damage to you, your property, or any person or property that results from your use of the Services.

To the extent that the law of your jurisdiction does not permit the disclaimer of warranties, the Services are warranted only to be the minimum extent legally required.

‍Mobile Access. Hatch Health provides certain Services and features on our Website that may not be accessible on certain devices. Not all mobile services are compatible with all carriers or devices. Your carrier’s standard rates and fees may apply when using our mobile services.

‍Indemnification. You agree to indemnify, defend and hold Hatch Health and its officers, directors, employees, agents, and affiliates harmless from and against any and all claims, suits, actions, losses, damages, liabilities, and expenses, including reasonable attorney’s fees, arising out of  or related to (i) your use or misuse of the Services, (ii) any violation by you of the rights of any third party, including intellectual property rights, (iii) any breach of this Agreement by you, or (iv) any negligent or intentional act or omission by you. Hatch Health reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Hatch Health in asserting any available defense. This indemnification obligation survives the termination or expiration of this Agreement.

‍Limitation of Liability. Hatch Health shall not be liable for any damages, losses, or injuries that may arise from your use of the Services or these Terms. By using the Services, you agree to hold harmless Hatch Health and its affiliates, contractors, or licensees, as well as their officers, directors, agents, subsidiaries, or employees, from any direct, special, incidental, consequential, or punitive damages, or lost profits, that may result from your use of the Services, any other data, application, or linked website, or any other aspect of the Website or its content, regardless of whether such damages were foreseeable or Hatch Health had been advised of the possibility of such damages. This limitation of liability applies to any action for breach of contract, negligence, personal injury, or any other cause of action. Furthermore, Hatch Health’s aggregate liability to you for losses or damages resulting from your use of the Services or these Terms is limited to the amount paid by you to Hatch Health in connection with your use of the Services during the last six (6) months prior to the event giving rise to such liability, or, if greater, one hundred dollars ($100).

‍Release and Waiver of Claims. You hereby release and forever discharge Hatch Health from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of the Services; or (ii) any Tool. Hatch Health expressly disclaims any liability that may arise between users of the Services or users, the Providers, and any other third party. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” By agreeing to these Terms, you acknowledge that you have read this release and waiver of claims, fully understand its terms, and voluntarily give up any right that you may have to bring a legal action to assert any claim against Hatch Health for any of the release matters. 

You acknowledge and agree that the warranty disclaimers, limitations of liability, and release set forth in this agreement are essential to the agreement between you and Hatch Health. Without these provisions, Hatch Health would not be able to provide the Services to you on an economically reasonable basis.

‍Intellectual Property. The Services, including without limitation, all content, text, graphics, software, images, photographs, logos, audio, video, designs, interactive features, and all trademarks, service marks, and logos contained therein (collectively, the “Marks”), are owned by or licensed to Hatch Health and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as explicitly stated in these Terms, Hatch Health reserves all rights, title, and interest in and to the Services, including all related intellectual property rights. You agree not to modify, reproduce, distribute, create derivative works based on, publicly display, publicly perform, republish, download, upload, post, sell, or transmit any of the material on our Services without our prior written consent or the consent of the owner of such intellectual property. All rights not expressly granted herein are reserved by Hatch Health.

‍Copyright Complaints. We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the infringing material is located on the Services;
- Your address, email address, telephone number;
- A statement by you that you have a good faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact us by emailing us at info@joinhatch.co with the subject “Copyright Infringement.” Please note that we may request additional information before removing any alleged infringing material.

‍Governing Law and Jurisdiction. Persons who access the Services do so at their own initiative and are responsible for compliance with applicable laws and regulations. The laws of the State of California will govern these Terms of Service, without regard to conflicts of law principles. The United Nations Convention on Contracts for Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Service shall be setted in the courts of the Northern District of California.  Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Hatch Health from seeking injunctive relief in any court of competent jurisdiction located in other countries and jurisdictions for protection of the Hatch Health IP.

‍Miscellaneous. These Terms constitute the entire agreement between you and Hatch Health regarding your use of the Website and the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Hatch Health’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. These Terms are binding upon and will inure to the benefit of each party’s respective successors and assigns.

‍Contact Information. If you have any questions or concerns regarding these Terms, please email us at info@joinhatch.co with the subject line “Terms of Service”. Welcome to Hatch Health, Inc. (“Hatch Health”, the “Company”, “we”, “our”, or “us”.) These Terms of Service (“Terms”) set forth the terms and conditions that apply when you access and use our website