Terms & Conditions

EFFECTIVE DATE: September 23, 2024

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Terms and Conditions

These Terms and Conditions (“Terms and Conditions”) form a legal agreement between Pacify Health, LLC (“Pacify” “we” ,“us” and “our”) and you, the individual (“you” and “your”) concerning our provision of and your receipt and use of our in-person doula care services, your access to and use of services through the Pacify Application (together, the “Services”), and your access to and use of the Pacify Website (as defined below) and the various services offered through the Website. Use of the Services or the Website constitutes your acceptance of these Terms and Conditions and our Privacy Policy so please review them carefully. We may update these Terms and Conditions from time to time, so always check the Effective Date at the top of the page to ensure that you have reviewed the most recent document. 

For the purposes of these Terms and Conditions:

  • “Providers” refers to doulas and/or lactation consultants.
  • “Client” and “Member” are used interchangeably and refer to any individual who engages with Pacify services.

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Description of Application and Services

As described below, Pacify makes certain maternal and pediatric health information available to you and/or facilitates your access to independent consultants (as defined below) through the Pacify Application (defined below), through in-person labor and delivery scheduling features that are available for a limited number of direct subscribers, and our Websites (defined below).

The term “Website(s)” includes, but is not limited to, the following URLS and social media accounts owned and maintained by Pacify and their associated subpages and information. For the purposes of the in-person doula services, Website also includes any and all HIPAA compliant software used for intake, scheduling, care coordination and communication, including, but not limited to OhMD.

pacify.com facebook.com/pacifyapp instagram.com/pacifyapp/ vimeo.com/pacifyapp twitter.com/pacifyapp linkedin.com/company/pacify pinterest.com/PacifyApp/_saved/ ohmd.com/

Services

Through the Application, Pacify provides the following services (the “Services”): we enable you to access virtual/remote/mobile evidence-based information, support and consultation services from independent lactation consultants, doulas, nurses and other maternal and pediatric health care professionals as determined by Pacify (collectively, “Independent Consultants”). Additionally, in certain circumstances, doulas may be providing in-person labor and delivery services.

The Services do not include the provision of medical care or other professional services by Pacify or its employees. Pacify facilitates access to online counseling, virtual consultation services, and in under specific circumstances, in-person labor and delivery support, all provided by Independent Consultants. While the Services may provide access to certain general health information, and also may provide messaging functionality to contact Independent Consultant(s), the Services cannot and are not intended to provide medical advice. The Services instead are intended to provide you with information and support to facilitate your communications with your health care team.

We advise and support you, but it is your responsibility to seek the advice of a physician or other qualified healthcare provider with any questions regarding the health or medical conditions of you and/or your child. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare providers because of information received from an Independent Consultant or seen on the Application or Pacify’s website.

If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. Likewise, if your child has or you suspect that your child has a medical problem or condition, please contact a qualified healthcare professional immediately.

Pacify is not a platform for unassisted home births or emergency births happening out-of-hospital or on the way to a birth center, without the presence of a licensed birth professional. In the event of a precipitous labor or birth, you must call 911 and seek local emergency medical care. Pacify providers are not a replacement for a licensed midwife or physician who can provide primary healthcare services during pregnancy, labor or birth.

To the extent that general health recommendations are provided to you by an Independent Consultant through the Services, such health recommendations are for informational, educational and supportive purposes only and do not constitute medical care or professional advice requiring licensure. This information is not provided by Pacify, but is provided by the Independent Consultant/s.

Telehealth Care

Telehealth services involve the delivery of care using electronic communications, information technology or other means to connect a health care provider and patient who are not in the same location. In order to receive Telehealth Services, you will be required to agree to an informed consent to Telehealth Services. Make sure that you read the informed consent document carefully and ask any questions that you may have. You are not required to consent to telehealth services. However, if you choose not to consent, you will be unable to obtain Services through telehealth.  

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Availability and Communication

  • Virtual doula appointments: Doulas are available for virtual appointments to address Client questions and concerns.some text
    • Operating Hours: Doula services are available Monday through Friday, from 9:00 AM to 5:00 PM (Eastern Time).
    • Chat Response Time: Doulas will respond to Client messages within 48 hours Monday through Friday from 9:00 AM to 5:00 PM (Eastern Time).

Emergency and Non-emergency Situations

  • In case of an emergency, Clients or support person should:some text
    • Call 911 or contact their obstetrician (OB), midwife or pediatrician. 
  • For non-emergency situations:some text
    • Clients should contact their assigned doula through the text chat function.
    • Limitations: The chat function is not designed for emergency situations. Doulas will respond to Client messages within 48 hours Monday through Friday from 9:00 AM to 5:00 PM (Eastern Time).


In-Person Doula Care

In-person doula care is limited to specific subscribers and is only available for labor and delivery. In order to receive in-person Services, you will be required to agree to Pacify’s Doula Services Agreement and a set of additional consent forms. Make sure that you read the informed consent documents carefully and ask any questions that you may have. If you choose not to consent, you will be unable to obtain in-person Services.

For the purpose of in-person doula care, “Delivery” refers to the mode of birth including but not limited to “vaginal birth,” “Cesarean section,” or “C-section.” 

Informed Consent Requirement


To receive in-person Services, you must review and agree to an informed consent document. This document outlines the nature, benefits and potential risks of in-person doula care. It is important that you read the informed consent document carefully and ask any questions you may have before agreeing. 


Right to Refuse:


If you choose not to provide informed consent, you will be unable to obtain in-person Services.

Availability

In-person doula care is limited to specific subscribers and is only available for labor and delivery.

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When in Labor 

  • Clients are required to maintain close communication with their assigned doula about when their due date is, with any updates, and upon the onset of labor.
  • Clients must inform their doula when preparing to depart for the hospital or birthing center.
  • Failure to maintain adequate communication may impact the doula’s ability to provide timely in-person support. 
  • Labor Support: Doulas provide in-person support during labor and birth. 
  • Contact support@pacify.com if additional assistance is required. 

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Communication Requirements 

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  • The Client must notify their assigned doula to attend the delivery. For the purposes of these terms and conditions, “delivery” includes but is not limited to:some text
    • Vaginal birth
    • Vaginal birth after Cesarean section (C-section)
    • Cesarean section (planned or emergency)
    • Induced labor (elective or medically necessary)
  • Failure of Client to Notify Doulasome text
    • If the Client fails to notify their assigned doula within two hours of the beginning of perceived labor the doula may be unable to attend the birth.
    • In such cases, the Client forfeits their right to in-person labor support. 
  • Unable to Reach Doula some text
    • If the Client is unable to reach their assigned doula via text or phone call when labor begins:some text
      • The Client should attempt to contact the backup doula (if one has been assigned) or the care coordinator. 
      • In the event that a doula is unreachable, and services cannot be provided as scheduled, Pacify may, at its sole discretion, offer a partial refund or credit of the unused portion of the services.  
  • Doula Unable to Attend Birthsome text
    • If the doula cannot attend the birth, the doula will activate backup doula support, subject to availability. 
    • If no backup doula is available, the Client may need to proceed without in-person doula support. 
    • If doula support is not provided due to limitations on the part of Pacify or the assigned doula, Pacify will, at its sole discretion, offer a partial refund for the unused services.


Disclaimers Related to Services

USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR HEALTH OR THE HEALTH OF YOUR CHILD, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.

THE CONTENT ON THE PACIFY APPLICATION AND PACIFY WEBSITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT WITH A PHYSICIAN OR OTHER LICENSED PRIMARY HEALTHCARE PROVIDER. INDEPENDENT CONSULTANTS CANNOT GIVE MEDICAL ADVICE AND ARE LIMITED TO MAKING HEALTH RECOMMENDATIONS BASED ON THEIR SCOPE OF PRACTICE. YOU SHOULD ALWAYS TALK TO YOUR MEDICAL PROFESSIONALS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH TREATMENT MAY BE APPROPRIATE FOR YOU AND/OR YOUR CHILD. PACIFY MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY OF THE INFORMATION ON THE APPLICATION OR PACIFY WEBSITE NOR WHETHER ANY PARTICULAR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU AND/OR YOUR CHILD.

Independent Consultants

Through the Application and in connection with the in-person doula services, Pacify enables you to access limited counseling and consultation services online–as well as in person–from certain independent licensed or certified consultants, who may include lactation consultants, doulas, nurses and other healthcare professionals (collectively, “Independent Consultants”).

Depending on the service you subscribe to, Pacify arranges for Independent Consultants to be available on the Application and/or in-person and to make their services available to you on-demand. Pacify provides other types of administrative services and information to you and the Independent Consultants.

Independent Consultants are solely responsible for maintaining any required licenses, certifications and/or authorizations, as applicable, in the respective state(s) in which they provide their services. Independent Consultants are independent contractors; they are not employees of Pacify. Independent Consultants are responsible for their independent professional judgment and recommendations. Each Independent Consultant’s scope of service is limited by his/her applicable licensure/certification and any service restrictions established by Pacify. Independent Consultants are in no way intended to replace your primary care physician, ob-gyn, midwife, pediatrician or any other clinical relationship you maintain or may need. Pacify does not recommend or endorse any specific treatment, services, tests or advice provided by Independent Consultants.

Content on Application and Website

The information that Pacify provides on the Application or its Website(s) is intended for general informational purposes only. It is not intended as professional medical advice, diagnosis or treatment. Reliance on any information provided by Independent Consultants or appearing on the Application or Website is solely at your own risk.

Your Use of the Application and Access to Independent Consultants

Access to certain portions of the Application as well as access to our in-person doula services is restricted to registered users of our Services. Direct subscribers (as defined below) must be 18 years old to access the Application and the Services. As part of our registration process, you must provide us with information regarding but not limited to personal identification information, personal health information, a current, valid email address and phone number. Billing information is required for direct subscribers. A direct subscriber is a user who is responsible for paying any subscription fees, as opposed to an individual who has access paid for by their employer, health plan, or other organization.

We need this information so that we can communicate with you, verify your identity, initiate billing charges, and make the full scope of Member benefits available to you through the Website and the Pacify Application and other HIPAA-compliant applications Pacify may utilize for services. Additionally, you must provide us with personal identification information and personal health information about your child. This information will only be used by us and the Independent Consultants as permitted by these Terms and our Privacy Policy.

Direct Subscribers

  1. Individuals who register directly in the app for either one (1) month, three (3) month or twelve (12) month subscriptions will have access to Pacify lactation consultants and nurses. Subscriptions run from the date of valid payment for enrollment and full payment is due upon enrollment. Upon the expiration of your subscription period, if you elect to re-enroll you will be charged the applicable subscription fee. You have 30 days from purchase to cancel your subscription and receive a full refund.

  2. Individuals who register for the The Doula Program, which includes access to virtual prenatal and postpartum doula visits plus in-person labor and delivery support (where available). The program runs from the date of valid payment for enrollment and full payment is due upon enrollment. Full payment is due upfront and if a cancellation or refund is desired, users will need to notify Pacify before 36 weeks of pregnancy (explaining the interest to not receive labor and delivery support) at which point Pacify will refund 50% of the initial payment.

All cancellation or refund requests will be processed within 3-5 business days from when the request was received.

Fees and Applicable Charges

If you are a direct subscriber, you agree that you are solely responsible for all subscription fees for the Services, pursuant to the schedule of subscriptions and fees set forth on the Website and the Pacify Application. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing and using the Website, the Pacify Application and Services. Pacify reserves the right to modify its pricing and subscription structure at any time.

Registration and Security

When you register for the Pacify Application, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third-party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Services through your account without your consent or your account has been accessed without your permission). We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your password through your web browser or other software.

Prohibited Use

By using the Pacify Application and/or Website, you agree to not engage in inappropriate or illegal activity, including, but not limited to, any of the following:

  • Converse in, send or otherwise transmit to or through the Application or Website any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, and any unsolicited advertising, solicitation or promotional materials;
  • Misrepresent your identity in any manner;
  • Seek support outside the scope of Services;
  • Engage in any abusive use of the Application and/or Website or an Independent Consultant or an Independent Consultant’s time;
  • Subject the Independent Consultants to any harassment, abuse or inappropriate conduct;
  • Reverse engineer, disassemble or decompile any section or technology in the Application and/or Website or attempt to do any of the foregoing;
  • Gain unauthorized access to the Application and/or Website, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to Application and/or Website; or
  • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment.

If we determine that you may have engaged in any of the above behavior or other behavior that jeopardizes Pacify, the Application, Website or Independent Consultants, we may terminate your access immediately without notice and you will forfeit any fees paid. Pacify does not refund any fees paid for access to the Application and/or Website.

Limited License to Use the Application and/or Website

Pacify hereby grants you, subject to these Terms and Conditions, a non-exclusive, non-transferable, limited personal license to:

  • Use the Application and/or Website for your own personal use;
  • Install the Application on only one Device; and
  • Make one copy of the Application in any machine readable form solely for back-up purposes, provided you reproduce the Application in its original form and with all proprietary notices on the back-up copy.

For clarity, the foregoing is not intended to prohibit you from installing and backing-up the Application for another Device on which you also agreed to these Terms and Conditions. Each instance of these Terms and Conditions that you agree to grants you the aforementioned rights in connection with the installation, use and back-up of one copy of the Application on one Device.

Title

Title, ownership and all rights (including without limitation intellectual property rights) in and to the Application and Website shall remain with Pacify. Except for those limited rights expressly granted in these Terms and Conditions, no other rights are granted, whether express or implied.

Restrictions

You understand and agree that you shall only use the Application and Website in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Application or Website. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.

You may not:

  • Create derivative works based on the Application and/or Website;
  • Use the Application and/or Website for any purpose other than as described herein;
  • Copy or reproduce the Application and/or Website except as described in these Terms and Conditions;
  • Sell, assign, license, disclose, distribute or otherwise transfer or make available the Application or any copies of the Application in any form to any third parties;
  • Alter, translate, decompile, reverse assemble or reverse engineer the Application and/or Website, or attempt to do any of the foregoing; or
  • Remove or alter any proprietary notices or marks on the Application and/or Website.

Use of Content

The content that Pacify provides to users on or through the Application and Website may be protected by copyright or other intellectual rights owned by Pacify or third party licensor. You may not copy, reproduce, post, modify, create derivative works, use for commercial purposes or distribute any of the Content without the express written permission of Pacify.

If you supply any comments, information, or material through the Application and/or Website, you represent and warrant to us that you have the legal right to supply such material and that it will not violate any law or the rights of any person or entity. Except for any PHI you submit to us, all information or material you supply to us shall be deemed and shall remain our property, and you hereby assign to us all right, title, and interest in and to any such information or material, without any restriction or obligation to you.

Trademarks

The Pacify trademark, service mark and logos used and displayed on the Application and Website are the registered or unregistered trademarks and service marks of Pacify. You may not use any trademark, service marks or logos without the express written permission of Pacify.

No Warranty

PACIFY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION  AND WEBSITE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE APPLICATION AND WEBSITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE APPLICATION AND/OR WEBSITE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE APPLICATION AND WEBSITE ARE OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. PACIFY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

Modification to Terms and Conditions and Termination of Access

Pacify may modify the Terms and Conditions with notice to you either in email or by publishing notice on the Website or Application, such modifications may include, but not be limited, to charging fees for the use of some functionalities or all of the Application. In addition, Pacify may terminate your use of the Application, the Website, or the Services at any time, with or without notice.

Minors

We do not knowingly collect or solicit personally identifiable information from children (defined as anyone under the age of 13). If you are a child under thirteen (13) please do not use the Website or Application or send us any personal information. If we learn we have collected personal information from a child under thirteen (13) we will delete that information as quickly as possible. If you believe that a child under thirteen (13) may have provided us personal information, please contact us at support@pacify.com.

Updates to Application and Website

Pacify may from time to time in its sole discretion develop and provide Application or Website updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Pacify has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Based on your Device settings, when your Device is connected to the internet either: the Application will automatically download and install all available Updates; or you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to these Terms and Conditions.

U.S. Government Restricted Rights

The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

Indemnification

You agree to indemnify and otherwise hold harmless Pacify, its officers, directors, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Application and/or Website and any other matter relating to the Application and/or Website.


Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PACIFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PACIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL PACIFY’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO PACIFY. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Export Restrictions

These Terms and Conditions are expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of America of the Application or information about such Application which may be imposed from time to time by the government of the United States of America. You shall not export the Application or information about the Application without consent of Pacify and compliance with such laws, regulations, orders or other restrictions.

Privacy Policy

In these Terms and Conditions, “personal information” means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or any data about you that you elect to provide electronically through the Application or Website(s) and any other information that identifies who you are. Personal Information will be used by Pacify in accordance with these Terms and Conditions, and our Privacy Policy.

Last updated 9/23/24

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