Terms of Service

Section 1. What these terms do

Paragraph 1. These terms are WithMom's general rules for using our postpartum care service and website.

Paragraph 2. The terms of your care are set by the Service Agreement you sign and the Fee Schedule you receive. Where these terms and your Service Agreement differ, your Service Agreement governs.

Paragraph 3. The order of precedence among the contract documents is set by Service Agreement § 1 — the Fee Schedule for rates and cancellation, Exhibit A for scope of work, and the Off-Duty Coverage Plan for rest periods.

Section 2. WithMom

Section 3. WithMom is not a medical service

Paragraph 1. WithMom provides non-medical postpartum care only.

Paragraph 2. WithMom and its caregivers do not:

1. 1) diagnose an illness or a condition
2. 2) prescribe or treat
3. 3) perform nursing care
4. 4) make medical judgments
5. 5) perform any procedure for a medical purpose — we do not provide one under any name
6. 6) prescribe or medically recommend medication, supplements, or home remedies

Paragraph 3. Your caregiver is not a medical professional. She does not hold herself out as one.

Paragraph 4. Where a situation looks to call for medical assessment or treatment, we tell you to contact a medical professional. In an emergency, we connect you to 911 or other emergency services. That response is neither medical care nor a diagnosis.

Paragraph 5. The scope of work is set by Exhibit A.

Section 4. Where we work

Paragraph 1. WithMom normally provides commuting care in New Jersey and New York.

Paragraph 2. If a remote address within that service area or a particular caregiver you request requires separate lodging or travel, the reason, costs, approved caps and reconciliation terms are quoted before contracting and require your written acceptance. Application, billing, changes and refunds follow Fee Schedule Section ①-C.

Paragraph 3 — Client-provided accommodation and travel costs

1. 1) No separate hotel or lodging fee is charged for the period when you provide suitable accommodation checked and accepted in advance by WithMom and the caregiver.
2. 2) Before you enter into the agreement, WithMom explains the travel items and cost limits needed for the remote assignment. Only costs actually incurred within the scope and limits you agree to in writing are settled separately. Providing accommodation does not remove travel costs agreed in advance.
3. 3) Whether or not you provide accommodation, your booked day care, night care or awake night care is provided as agreed. Providing accommodation does not, by itself, add care outside booked hours or require the caregiver to remain on call during those hours. The Off-Duty Coverage Plan identifies who is responsible outside booked hours. Booking and charging for additional care follow the Fee Schedule.
4. 4) Costs approved and incurred before a change to client-provided accommodation are also reconciled under Fee Schedule Section ①-C.

Paragraph 4. We do not currently serve other states. Tell us where you are and we will let you know if that changes.

Section 5. Who the care is for

Paragraph 1. Care is for you and your newborn.

Paragraph 2. The additional options are twins care and spouse meals under Fee Schedule Section ①-B. They are provided within the scope selected at booking or approved in writing during care and confirmed by WithMom. The spouse is not a care recipient. Care or meals for other children, family members, or guests are not provided. The twins supplement follows the number of babies actually in care.

Paragraph 3. What your caregiver does and does not do is set by the Service Agreement and Exhibit A (Scope of Services).

Paragraph 4. Where a general description in a consultation, on our website, or in our advertising differs, only what WithMom confirmed to you in writing before the agreement becomes part of your terms of service.

Section 6. From inquiry to care

Paragraph 1 — Application process

1. 1) Inquiry — by phone or through the form on our website
2. 2) Consultation — your due date · the hours and length of care you need · your location
3. 3) Documents — the Service Agreement, Fee Schedule, Scope of Services, Off-Duty Coverage Plan, meal guidance, and supply list, sent to you before you decide
4. 4) Agreement — you sign the Service Agreement
5. 5) Placement — we assign your caregiver
6. 6) Care begins

Paragraph 2. We go over pricing with you in the consultation. Rates depend on how your care is put together, so we do not publish them. You will have the Fee Schedule in writing before you decide.

Paragraph 3. The minimum booking period for all services is 1 week. One week is a seven-day booking period; actual care dates, number of shifts and hours are agreed separately. It does not mean purchasing seven consecutive days of care or seven shifts.

Paragraph 4. A booking expires at the end of its agreed period without a separate termination notice. It does not renew automatically. Choosing not to extend does not create a cancellation settlement or care fees for time after expiry. An extension requires a separate written agreement on the additional schedule and fees. Early termination follows Fee Schedule Section ⑤.

Section 7. When an agreement is formed

Paragraph 1. An agreement is formed when all three of the following are in place.

1. 1) You have signed the Service Agreement
2. 2) You have received the Fee Schedule and the contract documents
3. 3) WithMom has confirmed your placement and onboarding fee

Paragraph 2. Cancellation rights run from the date you sign (Fee Schedule § ⑨).

Paragraph 3. The date an agreement is formed does not delay the start of a statutory cancellation period and does not limit a statutory cancellation right. Where the law sets a different point of formation or a different starting date for a cancellation right, that law governs.

Paragraph 4. If a booking form contains a material misstatement or someone else's identity used without authorization, WithMom may hold or cancel the agreement. A simple typo is not that, and we correct it when you tell us.

Paragraph 5. Where an agreement is cancelled on that ground, settlement follows Fee Schedule § ⑤. This does not limit any refund or cancellation right the law gives you.

Section 8. Rates, payment, and cancellation

Paragraph 1. Rates, actual lodging and travel costs for remote bookings, payment timing, changes, cancellation and refunds are set by the Fee Schedule. A remote-booking quote must stay within Section ①-C's conditions and caps. The version you accept in writing is linked to the Service Agreement. Existing agreed charges and refund rights are not changed unilaterally.

Paragraph 2. The Fee Schedule covers:

1. 1) the rate for each shift and the minimum booking
2. 2) when extra time is charged — and when it is not
3. 3) the placement and onboarding fee
4. 4) when care fees are due in full
5. 5) what happens if you change or cancel a booking
6. 6) how to dispute a charge
7. 7) actual lodging and travel costs for remote bookings, prior written approval, caps, reconciliation and refunds

Paragraph 3. No agreement is formed until you have received the Fee Schedule.

Section 9. What we ask of you

Paragraph 1. So that your caregiver can work safely and well:

Section 10. If you hire your caregiver directly

Paragraph 1. WithMom places no restriction on your caregiver accepting employment with you, and charges the caregiver no fee of any kind.

Paragraph 2. Any direct-hire fee charged to you follows the cap and conditions that applicable law allows. The amount and how it is calculated are set out in the Fee Schedule.

Paragraph 3. Tell WithMom in writing before you hire. How long that notice obligation lasts, whether a fee applies, its amount, and how it is calculated are set by the law that applies to that assignment and by Fee Schedule § ⑥.

Paragraph 4. Not telling us does not remove the fee. Where we learn of it later, the reference date is the same — the date the caregiver accepted the offer of employment. We do not add a penalty or an investigation fee merely because you did not tell us.

Paragraph 5. Hiring directly makes you the employer. Payroll taxes, workers' compensation, the written employment agreement, and overtime and rest periods become yours. No replacement caregiver is provided. The Fee Schedule sets this out in full.

Paragraph 6. WithMom does not, under the applicable law, prohibit a caregiver from taking other work or a client from lawfully hiring a caregiver directly.

Section 11. Privacy and recording

Paragraph 1. WithMom processes personal information within what the law allows, as needed to provide the service and to run the company. These are the items we process.

Paragraph 2. We keep your information, your baby's information, and what we learn in your home confidential. Your caregiver is under the same obligation. Your caregiver does not use what she learns for any purpose other than her work.

Paragraph 3. WithMom uses your information only as needed to provide the service and to meet its legal obligations. That includes giving service providers we need to run the service — payment processing, scheduling, and email and text delivery — only what they need.

Paragraph 4. Send privacy inquiries and requests to access, correct, or delete information processed for this service agreement to WithMom Care LLC at care@withmom.org. Information is retained for the purposes in this Section and for applicable legal retention periods. If a legal retention duty or another applicable ground prevents full compliance with a request, WithMom explains why. Any separate privacy policy provided must identify the version that matches this service's responsible entity and actual operations.

Paragraph 5. If you have cameras or recording devices in your home, tell us in advance where they are and what they cover. Your caregiver's bathroom · her sleeping and private rest areas · where she changes · her private conversations are not filmed or recorded, and neither is any other place or act the law prohibits from being filmed or recorded.

Paragraph 6. Your caregiver does not photograph or record you, your baby, or your home, and does not use any such images, without your consent.

Section 12. How we contact you

Paragraph 1. WithMom communicates by email and text — consultation scheduling · documents · invoices · care schedules · placement notices.

Paragraph 2. Those messages are service communications. Text messages are optional and you can stop them at any time. If you stop them, you'll still receive email.

Paragraph 3. Marketing messages — discounts and promotions — are sent only where we have the consent the law requires. That consent is separate from your consent to service communications.

Paragraph 4. If you opt out of marketing, the service, billing, and schedule messages needed to perform the agreement continue.

Paragraph 5. Message and data rates may apply.

Paragraph 6. Anything concerning your agreement or a charge is sent in a form that leaves a record.

Paragraph 7. The operating details of the text message program — what we send, how often, how to stop it, and how to get help — are set out in Section 18.

Section 13. Website

Paragraph 1. The text, photographs, and materials on our website are content WithMom owns or has the right to use. Copying or distributing them beyond your own personal use requires our written permission.

Paragraph 2. Descriptions on the website are general information. The terms that apply to you are set by your Service Agreement and Fee Schedule.

Section 14. Changes to these terms

WithMom may revise these terms. However:

Paragraph 1. Revisions do not apply retroactively to an agreement already in place. Your terms are the Service Agreement and Fee Schedule you received when you booked.

Paragraph 2. Revised terms apply to new agreements from the date they are posted.

Paragraph 3. If rates change, the rate for care you have already booked does not change. The only exception is where you agree otherwise in writing.

Paragraph 4. Each version carries its effective date and version number.

Section 15. Governing law and disputes

Paragraph 1. These terms and WithMom's services are governed by New Jersey law. That choice does not exclude or limit the mandatory consumer-protection rules of the state where the care is performed, or any other right or protection the law does not allow you to waive.

Paragraph 2. Where New York's mandatory rules apply to services performed in New York, WithMom follows those rules.

Paragraph 3. If something goes wrong, tell us at care@withmom.org. We respond within ten business days of receiving it. A dispute about a charge follows the process in Fee Schedule § ①-A (records within three business days, a decision within ten). This step is voluntary. It is not a precondition to going to court, filing with a government agency, or seeking urgent relief.

Paragraph 4. Nothing in these terms reduces a right the law gives you.

Section 16. Cancellation rights

Paragraph 1 — WithMom's three-business-day cancellation guarantee

1. 1) WithMom gives you a three-business-day right to cancel, however the agreement was entered into. This is a right WithMom gives you by contract.
2. 2) This guarantee applies before care begins. Once care has begun, a booking is ended under Fee Schedule § ⑤, and care already provided is charged.
3. 3) The starting date, how to cancel, how the refund is made, and where to send your notice are set by Fee Schedule § ⑨ A.

Paragraph 2 — Statutory cancellation rights

1. 1) Depending on where and how the transaction was entered into, and on the nature of the service, the FTC Cooling-Off Rule · New York Personal Property Law Article 10-A · or another federal, state, or local law may give you a separate statutory right to cancel.
2. 2) Where such a law applies, WithMom provides a copy of the agreement · the notice of cancellation rights on the signature page · the cancellation form · oral notice at signing as that law requires, and follows its procedure.
3. 3) Whether a statutory cancellation right applies, how long it lasts, its starting date, how it is exercised, its effect, the refund, and how services already provided are treated are all set by that law.
4. 4) Neither these terms nor your Service Agreement is read to mean that a statutory cancellation right is lost merely because care has begun.
5. 5) The contractual guarantee in paragraph 1 does not replace or limit a statutory cancellation right. Where the two differ, the right the law does not allow you to waive or limit governs.
6. 6) Nothing in these terms, your Service Agreement, or the Fee Schedule waives or limits any cancellation right, refund right, or consumer-protection right the law gives you.

Section 17. Website use

Paragraph 1. Do not use the website unlawfully, to infringe another person's rights, to interfere with its operation or security, or to attempt unauthorized access to our systems or data.

Paragraph 2. The website is provided "as is" and "as available." We do not warrant that it will be uninterrupted, error-free, or secure. This paragraph is about the website only. It does not limit anything WithMom owes you under your Service Agreement or the Fee Schedule, and it does not reduce a right the law gives you.

Paragraph 3. You are responsible for claims and expenses that arise from your misuse of the website or your breach of this Section.

Section 18. Text message (SMS) program

• Program: We send a consultation-booking link, request and application status updates, the secure link to complete your detailed intake form, caregiver-matching notifications, care schedule reminders, and replies to your inquiries.
• Message frequency varies based on your request, application, and care arrangements.
• Message and data rates may apply, as charged by your mobile carrier.
• Opt out: Reply STOP (or CANCEL, END, QUIT, UNSUBSCRIBE, OPTOUT, REVOKE) at any time to stop receiving messages. You will receive a single confirmation message.
• Help: Reply HELP for assistance, or contact us using the details below.
• Carriers are not liable for delayed or undelivered messages.
• Your mobile opt-in data and consent are handled per our Privacy Policy and are never shared with third parties for marketing purposes.
• Stopping text messages does not stop the email we send to perform your agreement (Section 12, Paragraph 2).