User Terms of Service

1. Acceptance of Terms and Eligibility

1.1 Agreement to Terms

These User Terms of Service (these “Terms”) constitute a legally binding agreement between you (“you” or “User”) and [HealthyMama, Inc.], a [State of Incorporation] corporation (“HealthyMama,” “we,” “us,” or “our”). By creating an account, accessing, or using the HealthyMama mobile application and related services (collectively, the “Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (incorporated by reference), and any additional guidelines, policies, or rules posted on or within the Platform.

If you do not agree to these Terms, you must not access or use the Platform.

1.2 Eligibility

To use the Platform, you must:

• (a) Be at least eighteen (18) years of age or the age of majority in your jurisdiction of residence, whichever is greater;
• (b) Be an individual who is currently trying to conceive (“TTC”), pregnant, or in the postpartum period (up to twelve (12) months following delivery);
• (c) Create a registered account with accurate and complete information; and
• (d) Not be barred from using the Platform under applicable law.

HealthyMama reserves the right to request verification of eligibility at any time and to suspend or terminate accounts that do not meet these requirements.

1.3 Registration Paths

The Platform offers two registration paths:

• Direct Consumer (“D2C”): You download the Platform and register without linking to any obstetric (“OB”) practice. You have access to the full content library, educational conversations with the AI companion, and reading tracking with the three-tier response system.
• OB-Referred: During registration, you may select the option indicating you were referred by an OB practice and choose your practice from a dropdown list of HealthyMama-onboarded practices. This establishes a user-declared, user-initiated data connection between your account and the practice.

Important: The OB-Referred practice connection is user-declared and user-initiated. The practice does not order monitoring through the Platform, does not send you an invitation, and does not initiate the connection. Selecting a practice from the dropdown does not constitute a clinical order, a referral for monitoring, or the establishment of a physician-patient relationship between you and that practice through the Platform.

1.4 App Store Distribution and Health-App Compliance

The Platform is distributed through the Apple App Store and Google Play Store (each, an “App Store”) and is subject to the applicable App Store’s terms, conditions, and policies, including health-app-specific review requirements. You acknowledge that:

• The Platform provides wellness and educational information only and does not provide medical diagnosis, clinical interpretation, or treatment recommendations;
• The Platform is designed to comply with Apple App Store Review Guidelines (including Section 5.1.3 regarding health apps) and Google Play’s Health Policy (2024), which require clear differentiation between wellness-information apps and clinical/diagnostic tools;
• If an App Store requires additional disclosures, consents, or functionality limitations for health-related apps, those requirements supplement these Terms; and
• In the event of any conflict between these Terms and the applicable App Store’s terms regarding billing, cancellation, refunds, or app functionality restrictions, the App Store’s terms shall govern to the extent required by that App Store.

2. Nature of the Service — NOT Medical Care

2.1 Wellness Platform Only

HealthyMama is a supportive, non-clinical, wellness-oriented digital companion designed to provide general educational content, health-tracking tools, and an AI-powered conversational companion (“Natalie”) for individuals during the TTC, pregnancy, and postpartum periods. The Platform is designed to support—not replace—your relationship with your pregnancy care team.

2.2 What HealthyMama Is NOT

HealthyMama expressly is NOT any of the following:

• A healthcare provider, medical practice, clinic, or hospital;
• A telehealth, telemedicine, or virtual-care service;
• A medical device or clinical decision-support system;
• A substitute for professional medical advice, diagnosis, or treatment;
• An emergency-response service or real-time monitoring system; or
• A platform that creates, establishes, or implies any physician-patient relationship between you and HealthyMama, any HealthyMama employee or contractor, any content contributor, or any affiliated OB practice.

2.3 No Physician-Patient Relationship

No interaction with the Platform—including conversations with Natalie, receipt of educational content, submission of health readings, or selection of an OB practice during registration—creates a physician-patient relationship. Dr. Sarah Pachtman Shetty, MFM, is a content licensor and brand spokesperson for HealthyMama; she does not provide individualized care, review individual user data, or supervise AI interactions on the Platform.

2.4 Obligation to Seek Professional Care

You acknowledge and agree that you will continue to seek and follow the advice of your qualified healthcare providers regarding all medical decisions, that you will not delay seeking medical care based on anything you receive through the Platform, and that all medical decisions remain solely between you and your pregnancy care team.

3. The AI Companion (Natalie)

3.1 Nature and Purpose

Natalie is an AI-powered conversational companion integrated into the Platform. Natalie is designed to provide general educational information about pregnancy, maternal wellness, and related topics. Natalie’s responses are generated by artificial intelligence and are informational only.

3.2 AI Disclosure — Natalie Is Not Human

IMPORTANT: Natalie is an automated artificial intelligence system, not a human being and not a clinician. When you interact with Natalie, you are communicating with an AI-powered chatbot. Natalie does not have medical training, clinical credentials, or the ability to exercise clinical judgment. HealthyMama provides clear, real-time, contextual disclosure within the Platform interface—at or before the point of interaction—that you are communicating with an automated AI companion and not with a healthcare professional or human counselor.

3.3 Limitations and Disclaimers

You acknowledge and agree that:

• Natalie’s outputs are generated by artificial intelligence and may be incomplete, inaccurate, outdated, or not applicable to your individual circumstances;
• Natalie’s responses do not constitute medical advice, diagnosis, treatment, or professional healthcare guidance of any kind;
• Natalie does not interpret your personal readings, labs, or test results;
• Natalie does not diagnose any condition or assess your individual risk;
• Natalie does not recommend, prescribe, adjust, or advise on medications, supplements, or treatments;
• Natalie does not contradict, override, or substitute for your pregnancy care team’s guidance;
• Natalie does not monitor you or your pregnancy in real time;
• Natalie is not designed for use in emergencies and should never be relied upon for urgent medical decisions;
• Natalie does not quantify your personal risk of any condition; and
• You should never delay contacting your pregnancy care team, calling 911, or going to Labor and Delivery based on any response from Natalie.

3.4 Response Classification

Natalie classifies user messages into the following categories:

• Educational Responses: General educational information based on published clinical guidelines (primarily ACOG and ADA) and the HealthyMama course curriculum.
• Restricted-Topic Redirects: For questions that require individualized clinical judgment, Natalie will respond: “You deserve personalized and individualized care. This is a better question for your pregnancy care team. I suggest you call them to ask.” Natalie will not answer the substance of such questions.
• Emergency Escalations: For prompts suggesting an active medical emergency (severe symptoms including but not limited to severe chest pain, severe headache with vision changes, decreased fetal movement, heavy bleeding, or loss of consciousness), Natalie will immediately direct you to call 911 or contact your pregnancy care team or Labor and Delivery.
• Crisis-Resource Referrals: For prompts indicating mental-health crisis or domestic violence, Natalie will provide the 988 Suicide & Crisis Lifeline (call or text 988) and the National Domestic Violence Hotline (1-800-799-7233).

3.5 AI Technology Acknowledgment

You acknowledge that Natalie is powered by large language model (LLM) technology and that AI-generated content has inherent limitations. HealthyMama does not guarantee the accuracy, completeness, timeliness, or reliability of any output generated by Natalie. You use Natalie at your own risk and are solely responsible for any decisions you make based on information provided by the Platform.

4. Reading Submissions and the Three-Tier Response

4.1 Reading Submission

The Platform permits you to manually enter or sync (via connected devices) blood pressure readings and blood glucose readings. You may sync readings from an Omron blood pressure monitor or a Dexcom continuous glucose monitor (CGM). You may also manually enter readings.

4.2 Three-Tier Response Framework

When a reading is submitted, Natalie performs a simple range check against published ACOG reference ranges. This is not a clinical assessment, clinical interpretation, diagnosis, or individualized evaluation. Each reading is processed in isolation (point-in-time only); Natalie does not retain, reference, or analyze trends across prior readings for tier assignment. Based on where the reading falls relative to published reference ranges, Natalie returns one of three fixed routing messages:

• Tier 1 — Normal Range: “Got it, logged. Keep going.”
• Tier 2 — Worth Discussing: “This reading is worth mentioning to your pregnancy care team at your next visit or appointment. No need to act urgently right now, but make sure they know about it.”
• Tier 3 — Contact Today: “Please contact your pregnancy care team or Labor and Delivery today. Do not wait for your next appointment. If you cannot reach them, go to your nearest Labor and Delivery.”

4.3 Nature of Tier Responses

You acknowledge and agree that:

• Tier responses are routing messages only, not clinical interpretations, diagnoses, or assessments;
• Natalie does not explain what a reading means clinically, does not name conditions, and does not characterize readings as “high,” “elevated,” “abnormal,” “concerning,” or any similar term;
• The thresholds used for tier assignment are sourced exclusively from publicly available, published ACOG clinical guidelines, not proprietary algorithms;
• Tier responses do not replace clinical judgment by your pregnancy care team;
• Threshold values are subject to clinical sign-off and may be updated. [TBD pending clinical/legal sign-off: Specific threshold values are pending final validation by Dr. Sarah Pachtman Shetty, MFM, and regulatory review by counsel.]

4.4 Your Responsibilities

Tier responses are informational routing cues. You are solely responsible for contacting your pregnancy care team when directed to do so. A Tier 2 or Tier 3 response does not replace your obligation to use independent judgment and to follow your pregnancy care team’s instructions. HealthyMama is not liable for any delay in your contacting a healthcare provider.

5. Wearable and Device Integrations

5.1 Supported Devices

The Platform currently supports integration with FDA-cleared Class II medical devices:

• Withings Blood Pressure Monitor (blood pressure readings)
• Libre Continuous Glucose Monitor (CGM) (blood glucose readings)
• We may introduce additional devices in the future

5.2 OB-Directed Use; No Recommendation

Both supported devices are OB-directed: users connect these devices because their obstetric provider has recommended or ordered their use outside of the Platform. HealthyMama does not supply, sell, recommend, prescribe, or endorse these or any other medical devices. The Platform merely connects to devices you are already using.

5.3 Third-Party Device Terms and API Availability

Your use of device integrations is subject to each device manufacturer’s own terms of service, privacy policies, and API/developer terms, in addition to these Terms. You acknowledge and agree that:

• HealthyMama accesses device data through application programming interfaces (APIs) provided by device manufacturers and is subject to those manufacturers’ API terms of service and data-use restrictions;
• Device manufacturers may modify, restrict, suspend, or discontinue API access at any time, which may limit or eliminate the Platform’s ability to receive data from connected devices, and HealthyMama shall have no liability for any such interruption or discontinuation;
• HealthyMama does not control and is not responsible for device manufacturers’ data collection, processing, or privacy practices—your use of the device and the manufacturer’s companion app is governed solely by that manufacturer’s terms and privacy policy;
• You are solely responsible for reviewing and accepting the applicable device manufacturer’s terms before connecting a device to the Platform; and
• HealthyMama makes no representation or warranty regarding the continued availability, reliability, or terms of any third-party device integration.

5.4 Disclaimers Regarding Devices

You acknowledge and agree that:

• HealthyMama does not manufacture, distribute, or control the supported devices and makes no representations or warranties regarding device accuracy, reliability, safety, or performance;
• Device readings transmitted to the Platform are dependent on the device’s own calibration, operation, and accuracy;
• HealthyMama is not responsible for any errors, interruptions, delays, or inaccuracies in data transmitted from connected devices; and
• Connection of a device to the Platform does not constitute clinical monitoring by HealthyMama or by any healthcare provider through the Platform.

5.5 Biometric Data Notice and Consent

Blood pressure and blood glucose readings synced from connected devices may constitute biometric data or health-related biometric information under certain state laws. You acknowledge and agree that:

• By connecting a CGM or blood pressure monitor to the Platform and syncing readings, you consent to HealthyMama’s collection, processing, storage, and use of such readings for the purposes described in these Terms and the Privacy Policy;
• Retention schedules, destruction timelines, and your rights regarding such data (including the right to request deletion) are described in the Privacy Policy, which is incorporated herein by reference;
• HealthyMama will not sell, lease, trade, or otherwise profit from your biometric data except as necessary to provide the Platform services and as described in the Privacy Policy; and
• To the extent any such readings constitute biometric identifiers or biometric information requiring notice and consent under applicable state law, this Section serves as that notice and your agreement to these Terms serves as your written consent.

6. Educational Content Library

6.1 Course Content

The Platform includes an educational content library consisting of course episodes authored by Dr. Sarah Pachtman Shetty, MFM, and licensed to HealthyMama for distribution. Episodes are delivered on a weekly cadence keyed to gestational stage and are available on-demand through the content library.

6.2 Uniform Content; Not Personalized

All users at the same gestational stage receive the same educational content. Content is not personalized to your individual condition, readings, mood entries, journal entries, or any other user-specific data. The educational content is general wellness information and does not constitute individualized medical advice.

6.3 Content Attribution

Course episodes are Dr. Pachtman’s licensed intellectual property, delivered by HealthyMama as a licensed distributor. Dr. Pachtman does not review individual user data, does not supervise AI interactions, and does not author or approve Natalie’s conversational responses. References by Natalie to course content (e.g., “there is an episode on this topic”) are informational pointers, not individualized clinical recommendations by Dr. Pachtman.

7. User-Generated Content

7.1 Types of User Content

The Platform allows you to create, upload, and store content including journal entries, mood and milestone logs, cravings entries, image uploads (including ultrasound and belly photos), and storybook compilations (collectively, “User Content”).

7.2 Ownership

You retain ownership of your User Content. Nothing in these Terms transfers ownership of your User Content to HealthyMama.

7.3 Operational License

By submitting User Content to the Platform, you grant HealthyMama a limited, non-exclusive, royalty-free, worldwide license to host, store, process, reproduce, and display your User Content solely for the purposes of operating, maintaining, and providing the Platform services to you. This license terminates upon deletion of your account, subject to Section 16 (Termination) and any legally required retention periods.

7.4 No AI Training Use

Your User Content—including journals, mood entries, images, and AI conversation history—is NOT used to train, fine-tune, or improve any AI or machine-learning model, including the large language model underlying Natalie. Similarly, Dr. Pachtman’s licensed course content is not used as AI training data.

7.5 Reproductive Health Data Sensitivity

HealthyMama recognizes the heightened sensitivity of reproductive and maternal health data. Your pregnancy-related data—including gestational status, due dates, reading history, and reproductive health entries—is subject to enhanced protections as set forth in the Privacy Policy, including data-minimization practices, restricted retention, and limitations on law-enforcement disclosure (requiring a valid court order rather than a subpoena for reproductive health data). See the Privacy Policy for full details on data minimization, retention limitations, and handling of law-enforcement and court-order requests.

7.6 Acceptable Use of User Content

You represent and warrant that your User Content:

• Does not infringe, misappropriate, or violate any third party’s intellectual property, privacy, publicity, or other rights;
• Does not contain unlawful, defamatory, obscene, threatening, harassing, or hateful material;
• Does not contain malware, viruses, or other harmful code;
• Does not depict minors in any inappropriate context; and
• Complies with all applicable laws and regulations.

7.7 Moderation

HealthyMama reserves the right, but does not assume the obligation, to review, moderate, and remove any User Content that violates these Terms, applicable law, or HealthyMama’s community guidelines, at our sole discretion and without prior notice.

7.8 Sensitive Content

Emotional health entries, mood logs, and journal content are treated as sensitive personal information. Such content is never shared with any third party, including your OB practice (even in the OB-Referred path), and is handled in accordance with our Privacy Policy.

8. Subscriptions, Billing, and Auto-Renewal

8.1 Subscription Plans

Access to certain Platform features requires a paid subscription. HealthyMama offers monthly and annual subscription plans. Current pricing is displayed within the Platform and on the applicable app store listing.

8.2 Free Trial

HealthyMama may offer a free trial period. At the end of the free trial, your subscription will automatically convert to the paid plan you selected at sign-up unless you cancel before the trial period ends. We will clearly disclose the trial duration, conversion date, plan price, and billing cadence at the time of sign-up.

8.3 Auto-Renewal and Recurring Billing

IMPORTANT — AUTOMATIC RENEWAL DISCLOSURE: Your subscription will automatically renew at the end of each billing period (monthly or annually, as applicable) at the then-current subscription price unless you cancel before the renewal date. By subscribing, you authorize HealthyMama and/or the applicable app store (Apple App Store or Google Play) to charge your selected payment method on a recurring basis for the subscription fee plus applicable taxes.

You will receive advance notice of renewal and any price changes as required by applicable law.

8.4 Cancellation

Click-to-Cancel: You may cancel your subscription at any time through the Platform’s account settings or through your app store subscription management settings. Cancellation is effective at the end of the then-current billing period; you will retain access to paid features until that period expires. No telephone call, email, or contact with customer support is required to cancel.

8.5 Payment Processing and PCI DSS Compliance

All payment transactions are processed by PCI-DSS-compliant third-party payment processors and/or through the applicable App Store’s billing infrastructure (Apple In-App Purchase or Google Play Billing). HealthyMama does not directly collect, process, transmit, or store full payment card numbers, card verification values, or other sensitive cardholder data. Your payment information is handled exclusively by the applicable payment processor or App Store in accordance with their own terms and privacy policies.

8.6 Refunds

Refund policies are governed by the applicable app store’s refund policy (Apple App Store or Google Play). HealthyMama processes subscriptions through the app stores and does not directly process refunds except as required by applicable law. [TBD pending final billing architecture confirmation.]

8.7 Price Changes

HealthyMama reserves the right to change subscription prices. Any price increase will take effect at the start of your next billing period following notice to you in accordance with applicable law and app store requirements. Your continued use of the Platform after a price change constitutes acceptance of the new price.

9. Acceptable Use

You agree that you will not use the Platform to:

• Violate any applicable law, regulation, or third-party right;
• Provide false, misleading, or inaccurate information during registration or use;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Attempt to access another user's account or any non-public portions of the Platform;
• Use the Platform for any commercial purpose other than your personal wellness use;
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of the Platform or any underlying AI model;
• Introduce viruses, malware, or other harmful technology;
• Use automated means (bots, scrapers, spiders) to access the Platform without HealthyMama's prior written consent;
• Attempt to circumvent Natalie's safety guardrails, restricted-topic boundaries, or do-not-answer taxonomy through prompt manipulation, jailbreaking, or adversarial inputs;
• Use the Platform for any purpose relating to the provision of medical care, clinical decision-making, or the practice of medicine;
• Share your account credentials with any third party; or
• Engage in any conduct that HealthyMama reasonably determines to be harmful to other users, the Platform, or HealthyMama's reputation.

HealthyMama reserves the right to investigate and take appropriate action (including suspension or termination of your account) in response to any violation of this Section.

10. Intellectual Property

10.1 HealthyMama IP

The Platform—including its design, architecture, software code, AI models and systems, algorithms, user interface, graphics, logos, trademarks, service marks, trade names, and all related documentation—is the exclusive property of HealthyMama or its licensors and is protected by United States and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Platform or HealthyMama's intellectual property except the limited right to use the Platform in accordance with these Terms.

10.2 The Natalie AI Companion

The Natalie AI companion, including its name, persona, conversational design, response taxonomy, routing logic, do-not-answer framework, and all associated intellectual property, is the exclusive property of HealthyMama. You may not reproduce, distribute, publicly display, or create derivative works based on Natalie's outputs for any commercial purpose.

10.3 Licensed Educational Content

Course episode content authored by Dr. Sarah Pachtman Shetty is licensed to HealthyMama and is protected by copyright. You may view content for personal, non-commercial wellness purposes only. You may not reproduce, distribute, publicly display, perform, or create derivative works of course content without prior written permission from HealthyMama.

10.4 Feedback

If you provide suggestions, feedback, or ideas regarding the Platform ("Feedback"), you grant HealthyMama a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, and incorporate such Feedback into the Platform without obligation or compensation to you.

11. Accessibility

HealthyMama is committed to making the Platform accessible to all users, including individuals with disabilities. We strive to design and develop the Platform in conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA (and, as feasible, WCAG 2.2), recognizing that health-critical information—including Tier 3 alert notifications—must be perceivable and operable by users with diverse abilities.

You acknowledge that:

• HealthyMama endeavors to make the Platform usable by individuals who rely on assistive technologies, including screen readers, switch controls, and voice navigation;
• The Platform delivers health-related alerts (including Tier 3 alerts) through multiple modalities (visual, auditory, and haptic) to the extent supported by the user's device;
• If you experience any accessibility barrier that impedes your use of the Platform—particularly any barrier that prevents you from receiving or understanding health-related alerts—you may contact HealthyMama's accessibility coordinator at [Accessibility Contact Email / Phone]; and
• HealthyMama will make reasonable efforts to address reported accessibility barriers in a timely manner.

12. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. HEALTHYMAMA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

Without limiting the foregoing, HealthyMama does not warrant or represent that:

• The Platform will be uninterrupted, error-free, secure, or free of viruses or harmful components;
• Any content on the Platform (including Natalie's responses and educational materials) is accurate, complete, current, reliable, or suitable for any particular purpose;
• The Platform will meet your requirements or expectations;
• Any defects or errors will be corrected;
• Tier responses or any other feature of the Platform constitutes clinical assessment or will correctly identify a condition requiring medical attention; or
• The Platform is suitable for use in emergencies, for real-time monitoring, or as a substitute for professional medical care.

YOU EXPRESSLY ACKNOWLEDGE THAT THE PLATFORM IS A WELLNESS COMPANION AND NOT A MEDICAL DEVICE, CLINICAL DECISION-SUPPORT SYSTEM, OR HEALTHCARE SERVICE. NO INFORMATION PROVIDED THROUGH THE PLATFORM SHOULD BE CONSTRUED AS MEDICAL ADVICE. YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE PLATFORM IS SOLELY AT YOUR OWN RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT SHALL HEALTHYMAMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS (INCLUDING DR. PACHTMAN), OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF HEALTHYMAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) IN NO EVENT SHALL HEALTHYMAMA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO HEALTHYMAMA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED DOLLARS ($100.00).

(c) THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER HEALTHYMAMA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

(d) WITHOUT LIMITING THE FOREGOING, HEALTHYMAMA SHALL HAVE NO LIABILITY FOR ANY HARM, INJURY, OR DAMAGE ARISING FROM: (i) YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE PLATFORM, INCLUDING NATALIE'S RESPONSES; (ii) YOUR FAILURE TO SEEK TIMELY MEDICAL CARE; (iii) INACCURATE DATA FROM CONNECTED DEVICES; (iv) DELAYS IN CONTACTING YOUR PREGNANCY CARE TEAM; OR (v) ANY DECISION YOU MAKE BASED ON PLATFORM CONTENT.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above shall apply to the fullest extent permitted by applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless HealthyMama, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• (a) Your use of or inability to use the Platform;
• (b) Your violation of these Terms;
• (c) Your violation of any applicable law or regulation;
• (d) Your User Content;
• (e) Any claim that your User Content infringes or violates the rights of any third party;
• (f) Your reliance on any information provided by the Platform for medical decision-making; or
• (g) Any misrepresentation by you regarding your eligibility, identity, or the accuracy of information you provide.

This indemnification obligation survives the termination of these Terms and your use of the Platform.

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [Governing State], without regard to its conflict-of-law principles.

15.2 Informal Dispute Resolution (Required Pre-Arbitration Step)

Before initiating any formal dispute proceeding, you agree to first attempt to resolve the dispute informally by contacting HealthyMama at [Notice Email] with a written description of your claim, the specific relief sought, and your contact information (a "Notice of Dispute"). HealthyMama will attempt to resolve the dispute informally within sixty (60) days of receipt of the Notice of Dispute. If the dispute is not resolved within this 60-day informal resolution period, either party may proceed to arbitration as described below. No arbitration demand may be filed until the informal resolution period has expired.

15.3 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Dispute") that is not resolved through the informal dispute resolution process in Section 15.2 shall be resolved exclusively through final and binding individual arbitration administered by [JAMS / AAA] under its [Consumer Arbitration Rules], rather than in court, except that either party may bring individual claims in small claims court if the claims qualify.

15.4 Class Action and Jury Trial Waiver

YOU AND HEALTHYMAMA EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. All Disputes must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

15.5 Mass Arbitration Procedures

If twenty-five (25) or more similar arbitration demands are filed against HealthyMama within a ninety (90) day period by or with the assistance of the same law firm or coordinated group of law firms (a "Mass Filing"), the following procedures shall apply:

(a) Bellwether Selection and Resolution. Counsel for the claimants and counsel for HealthyMama shall each select up to [ten (10)] individual claims to serve as bellwether cases. The bellwether cases shall proceed to individual arbitration on an expedited basis. The remaining claims shall be stayed pending resolution of the bellwether cases. Following resolution of the bellwether cases, the parties shall engage in a global mediation before a mutually agreed mediator, informed by the bellwether outcomes, before any additional individual arbitrations proceed.

(b) Batching. If the global mediation does not resolve all remaining claims, the remaining claims shall proceed in sequential batches of no more than [fifty (50)] claims per batch (or such other number as the arbitration administrator may designate). No new batch shall commence until the prior batch has been resolved.

(c) Fee Allocation. For claims that are part of a Mass Filing, the arbitration filing fees, arbitrator fees, and administrative fees shall be allocated as follows: [TBD — specify allocation framework consistent with applicable arbitral-forum rules]. To the extent permitted by the applicable arbitral forum's rules, HealthyMama reserves the right to request that the arbitrator require claimants to pay their proportionate share of fees for claims that the arbitrator determines to be frivolous or filed in bad faith.

(d) Coordination. The arbitration administrator may appoint a single arbitrator or process administrator to coordinate pretrial matters across the Mass Filing, including discovery, scheduling, and procedural rulings, provided that each claim shall receive an individualized merits determination.

15.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice to [Notice Email] within thirty (30) days of first accepting these Terms. The opt-out notice must include your name, address, email address, and a clear statement that you wish to opt out of arbitration.

16. Electronic Communications and TCPA Consent

16.1 Transactional Communications

By using the Platform, you consent to receive transactional and service-related communications from HealthyMama electronically, including emails, push notifications, and in-app messages regarding your account, subscription status, security alerts, and Platform updates. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

16.2 Marketing Communications — Prior Express Written Consent

SEPARATE MARKETING CONSENT: HealthyMama may offer you the opportunity to receive marketing, promotional, or non-transactional communications via automated text messages (SMS/MMS), prerecorded voice messages, or calls made using an automatic telephone dialing system. Such communications are optional and require your separate, affirmative prior express written consent, which will be obtained through a clearly labeled, standalone consent mechanism within the Platform (separate from your acceptance of these Terms).

You acknowledge and agree that:

• Consent to receive marketing communications is not a condition of purchasing any goods or services from HealthyMama or of using the Platform;
• You may revoke your consent to receive marketing communications at any time by replying STOP to any marketing text message, by adjusting your communication preferences in account settings, or by contacting HealthyMama at [Notice Email];
• Message and data rates may apply, and message frequency may vary;
• HealthyMama will honor opt-out requests within [ten (10)] business days; and
• Your consent, revocation, and communication preferences are logged and retained as evidence of compliance.

17. Changes to These Terms

HealthyMama reserves the right to modify these Terms at any time. If we make material changes, we will notify you by posting the revised Terms within the Platform, updating the "Last Updated" date, and providing additional notice as required by applicable law (which may include in-app notification or email). Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree with revised Terms, you must stop using the Platform and delete your account.

For material adverse changes affecting your rights or obligations, we will provide at least thirty (30) days' advance notice before such changes become effective, unless a shorter notice period is required by law, court order, or to address an immediate safety concern.

18. Termination

18.1 Termination by You

You may terminate these Terms at any time by deleting your account through the Platform's account settings. Subscription cancellation and account deletion are separate actions; see Section 8 (Subscriptions) for billing implications.

18.2 Termination by HealthyMama

HealthyMama may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice, including but not limited to situations where you violate these Terms, engage in conduct that is harmful to other users or the Platform, or where continued access creates legal or safety concerns.

18.3 Effect of Termination

Upon termination:

• Your right to access and use the Platform immediately ceases;
• Any active subscription will terminate (without refund for the unused portion of the current billing period, except as required by applicable law);
• HealthyMama will delete your account data, User Content, AI conversation history, and device readings within [TBD — define retention window] days, subject to any legally required retention;
• Data already transmitted to an OB practice (in the OB-Referred path) is not retroactively deleted; such data is governed by the practice's own retention obligations as a HIPAA-covered entity; and
• Sections 7.3 (to the extent of pre-termination operational use), 10, 11, 12, 13, 14, 15, and 19 of these Terms survive termination.

19. General Provisions and Contact Information

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional policies incorporated by reference, constitute the entire agreement between you and HealthyMama regarding your use of the Platform and supersede all prior or contemporaneous agreements, understandings, or representations.

19.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

19.3 Waiver

HealthyMama's failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or the right to enforce it subsequently.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without HealthyMama's prior written consent. HealthyMama may assign these Terms without restriction.

19.5 Contact Information

If you have any questions about these Terms, please contact us at:

BY CREATING AN ACCOUNT OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.