By accessing or using DoulaDesk ("the Service"), operated by DoulaDesk LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.
These Terms constitute a legally binding agreement between you and DoulaDesk LLC. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
DoulaDesk is a practice management platform designed for doula agencies and multi-practitioner organizations. The Service provides tools for client management, scheduling, team coordination, payroll processing, and related business operations. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.
To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to:
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
The Service is designed to handle Protected Health Information (PHI) in compliance with the Health Insurance Portability and Accountability Act (HIPAA). By using the Service to store or process PHI:
We will sign a BAA with your organization upon request and will implement appropriate safeguards to protect PHI. However, you remain responsible for your compliance with HIPAA and for ensuring that your use of the Service aligns with your legal obligations.
You retain ownership of all data, content, and information you upload, create, or store in the Service ("User Content"). By using the Service, you grant us a limited, non-exclusive license to use, store, and process your User Content solely for the purpose of providing and improving the Service.
You are solely responsible for:
You may delete your User Content at any time. Upon account termination, we will delete or anonymize your User Content in accordance with our data retention policies and applicable law. Some information may be retained for legal, regulatory, or business purposes.
The Service, including its software, design, text, graphics, logos, and other content (excluding User Content), is owned by DoulaDesk LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not:
Access to certain features of the Service may require payment of fees. All fees are stated in U.S. dollars and are non-refundable unless otherwise specified. We reserve the right to change our pricing with reasonable notice.
You agree to provide current, complete, and accurate billing information. You authorize us to charge your payment method for all fees incurred. If payment is not received, we may suspend or terminate your access to the Service.
Refunds, if any, will be provided at our sole discretion and in accordance with applicable law. We are not obligated to provide refunds for partial billing periods or unused portions of subscriptions.
We strive to provide reliable service but do not guarantee that the Service will be available at all times or free from errors, interruptions, or security vulnerabilities. We may perform maintenance, updates, or modifications that temporarily affect Service availability. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
We do not warrant that the Service will meet your specific requirements or that any errors will be corrected. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOULADESK LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless DoulaDesk LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
You may terminate your account at any time by contacting us or using the account deletion features in the Service.
We may suspend or terminate your access to the Service immediately, without prior notice, if:
Upon termination, your right to use the Service will immediately cease. We will delete or anonymize your User Content in accordance with our data retention policies, except where retention is required by law. Provisions of these Terms that by their nature should survive termination will survive, including sections on intellectual property, disclaimers, limitation of liability, and indemnification.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in New York County, New York. You waive any right to a jury trial and to participate in a class-action lawsuit.
By creating an account on DoulaDesk or providing your phone number through the Service, you consent to receive SMS text messages from DoulaDesk and from doula agencies that use the Service. These messages may include appointment reminders, schedule updates, shift confirmations, service notifications, and other operational communications related to your use of the Service.
Message frequency varies based on your activity and the agencies you interact with. Standard message and data rates may apply depending on your mobile carrier and plan. DoulaDesk does not charge for SMS messages, but your carrier may.
You may opt out of receiving SMS messages at any time by replying STOP to any message you receive. After opting out, you will receive a confirmation message and will no longer receive SMS messages from that number. Reply HELP to any message for assistance. You may also contact us at legal@mydouladesk.com to update your communication preferences. Opting out of SMS will not affect your ability to use the Service, but you may miss time-sensitive notifications.
SMS messages sent through the Service are for operational and transactional purposes only. We do not send marketing or promotional messages via SMS without your explicit consent. Messages may be sent on behalf of the doula agency you are associated with through the Service.
These Terms, together with our Privacy Policy and any Business Associate Agreement, constitute the entire agreement between you and DoulaDesk LLC regarding the Service.
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.
If you have questions about these Terms, please contact us:
DoulaDesk LLC
418 Broadway, STE R
Albany, NY 12207
Email: legal@mydouladesk.com