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.

Paragraph 4. These terms apply to Korean Postpartum Care and Certified Postpartum Doula Care provided directly by WithMom, and to use of the website. For Certified Postpartum Doula Care, the doula Service Agreement and Fee Schedule govern pricing, verification of the caregiver's credentials, and refunds, and they control if they differ from these terms. Only caregivers whose certification WithMom has verified are assigned to Certified Postpartum Doula Care. Partner referrals are governed by Section 19.

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, the care you booked (day care, night care, combined day-and-night care, and so on) 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.

Paragraph 5 — Home-visit travel fee. The home-visit travel fee is calculated using the one-way distance from WithMom's base location set in Fee Schedule Section ①-D to your home; the caregiver's residence is not used. Within the free distance, no mileage, tolls, or congestion charge applies. Beyond that distance, based on the set route stated in your quote, we add round-trip mileage for the excess distance, standard E-ZPass tolls, and the Manhattan congestion charge (once per day) on days that route enters the congestion zone. Distance rules and the mileage rate follow Fee Schedule Section ①-D. As a rule, you provide a parking space; if none is available, parking is charged at actual cost only with your prior approval. For commuting schedules, the fee applies on each workday; for live-in schedules, one round trip is charged each time the caregiver comes and later leaves. Your quote and invoice show the distance, route, amount per applicable unit, and total as a separate item, and you pay the fee only if you accept that quote. It is paid in advance with care fees. A change in the IRS rate does not change the mileage rate in a quote you have already accepted. If a schedule or route change alters the amount, the difference is calculated using the mileage rate in your accepted quote and the toll rules in Fee Schedule Section ①-D, and settled within 10 days after the change is confirmed. Home-visit travel fees for days care is not provided are refunded in full and are not included in cancellation settlements or their caps. Details are in Fee Schedule Section ①-D. Paragraphs 2 and 3 also apply to distant assignments that need lodging, but the same trip is not charged twice.

Section 5. Who the care is for

Paragraph 1. Care is for you and your newborn.

Paragraph 2. For Korean Postpartum Care, whenever the caregiver prepares your meals, one portion for your spouse is prepared at no extra charge, on every schedule. Certified Postpartum Doula Care includes simple maternal recovery meals and does not provide spouse meals. The optional twins-care add-on follows Fee Schedule Section ①-B. Add-ons are provided as you select them when you apply, or approve them in writing during care, and as confirmed by WithMom. Your spouse is not a care recipient, and we do not provide care or meals for other children, family members, or guests. The twins surcharge follows the number of babies actually cared for.

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

Paragraph 4. We confirm the scope and terms of your individual service in writing before contracting. Where a general description in a consultation, on our website, or in our advertising differs, what we confirmed in writing is your service terms. This paragraph does not limit WithMom's legal responsibility, or your rights, concerning false or misleading statements in consultations, on the website, or in advertising.

Paragraph 5. Before a caregiver's first assignment, WithMom confirms that the caregiver has completed adult and infant CPR training.

Section 6. From inquiry to care

Paragraph 1 — Application process

For both services, the Retaining Fee is invoiced after quote acceptance, fully credited toward care fees and fully refundable before signing. The Korean-care reservation amount and conversion procedure in Paragraph 5 apply to Korean Postpartum Care. Certified Postpartum Doula Care has no placement or onboarding fee: its Retaining Fee is 50% of total care fees, credited toward the latter part of care, with the remainder prepaid weekly for the first part. Details follow the Certified postpartum doula payment section below and the doula Service Agreement and Fee Schedule.

1. 1) Inquiry — by phone or through the form on our website
2. 2) Consultation and custom quote — we confirm your due date · the hours and length of care you need · your location, then send you a written quote
3. 3) Acceptance of the quote
4. 4) Retaining Fee (fully credited toward care fees; fully refundable before signing) — holds your dates; fully refundable at any time before you sign the Service Agreement (Paragraph 5)
5. 5) Detailed application and director consultation
6. 6) Documents — the Service Agreement, Fee Schedule, Scope of Services, and Off-Duty Coverage Plan, sent to you before you decide. For Korean Postpartum Care, we also send a care guide (meals, supplies, and daily routine) with your quote. The care guide is for reference; the scope of services is set by Exhibit A
7. 7) Agreement — you sign the Service Agreement
8. 8) Placement — we assign your caregiver
9. 9) Korean Postpartum Care: pay the remaining care fees in full. Certified Postpartum Doula Care: prepay the first part of care weekly under the payment section below
10. 10) Care begins

Paragraph 2. We provide pricing in a written custom quote. Rates depend on how your care is put together, so we do not publish them. Before you pay a Retaining Fee (fully credited toward care fees; fully refundable before signing), you can preview the Service Agreement and Fee Schedule along with your quote, and you will have the Fee Schedule in writing before you sign.

Paragraph 3. Bookings start at a minimum of 2 weeks and are made in 1-week units, and 4-hour day care uses one block: 9 a.m.–1 p.m. or 1 p.m.–5 p.m. Details are in Fee Schedule § ②. 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. For Korean Postpartum Care, when a WithMom holiday (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas) falls on a weekday, there is no care that day, and the end date moves later by the same number of days while the number of care days and the price stay the same. A holiday that falls on a weekend has no substitute day off, unless you and the caregiver agree to one; then the end date moves one day later at the same price. This is not a paid extension. In this Paragraph, the end of the booking period means the date as moved under these rules.

Paragraph 5 — Retaining Fee (fully credited toward care fees; fully refundable before signing)

1. 1) After you accept the quote, you may pay a Retaining Fee (fully credited toward care fees; fully refundable before signing) to hold your dates. The amount is set by the Fee Schedule (for Korean Postpartum Care, care fees for one contract week, meaning five days of care).
2. 2) Before you sign the Service Agreement, we refund it in full on request at any time, for any reason. There is no cancellation fee, and any payment processing fee is refunded as well.
3. 3) After payment, we send you the detailed application and the Service Agreement. The signing deadline is 30 days from the payment date, or the day before care starts if care starts sooner. If you do not sign by the deadline, WithMom will release your dates, notify you the next day, and refund the Retaining Fee (fully credited toward care fees; fully refundable before signing) in full to the original payment method within 10 days after that notice. On written request, the deadline may be extended once, and the full-refund terms stay the same.
4. 4) When you sign, the Retaining Fee (fully credited toward care fees; fully refundable before signing) becomes the Retaining Fee (fully credited toward care fees; fully refundable before signing) and is applied in full to care fees; nothing more is charged at signing. From then on the Fee Schedule's refund and cancellation terms apply. However, within 3 business days after signing, and before care begins, you may cancel for any reason for a full refund (Section 16).
5. 5) The Retaining Fee (fully credited toward care fees; fully refundable before signing) holds your schedule within 7 days before or after your expected start date. If the start date is not yet set, your due date is used. If you need to move outside that range, we will offer the dates available, and before you sign you may still request a full refund at any time.

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 receipt of the amount the Fee Schedule requires at signing — for Korean Postpartum Care, the Retaining Fee (fully credited toward care fees; fully refundable before signing). For Korean Postpartum Care, if you paid a Retaining Fee (fully credited toward care fees; fully refundable before signing) before signing, it becomes the Retaining Fee (fully credited toward care fees; fully refundable before signing) when you sign and satisfies this requirement.

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, home-visit travel fees, 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 Retaining Fee (prepaid care fees; fully credited toward care fees; fully refundable before signing)
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
8. 8) payment methods and payment processing fees
9. 9) the distance basis, free distance, mileage rate, tolls, congestion charge, parking, charging units, and settlement and refund rules for home-visit travel fees

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

Paragraph 4 — Payment methods and fees

1. 1) WithMom accepts Zelle, online bank payment (eCheck), and cards. Card wallets such as Apple Pay and Google Pay follow the card rules.
2. 2) Card payments made through November 4, 2026 have no fee, whatever the card type. From payments made on November 5, 2026, only credit cards are accepted (debit and prepaid cards are not), and the payment processing fee set by the Fee Schedule applies (not more than our actual processing cost, up to 3%).
3. 3) Zelle has no fee. eCheck payments include the processing fee set by the Fee Schedule (up to $5 per payment). If your bank returns an eCheck, the actual return cost set by the Fee Schedule is added to your next invoice. We do not charge it when the return was WithMom's fault, and we do not charge you for disputing a payment.
4. 4) Any fee amount is shown before you pay, and refunds include the same proportion of any fee.
5. 5) If WithMom told you in an invoice or agreement that a payment has no fee, that statement controls.

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. If you ask to be connected with a partner, we share the information needed for the connection (such as your name, contact details, due date, and area) with that partner, within the scope you consent to.

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 · quotes · invoices and receipts · documents · 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. Revised terms do not apply retroactively to an agreement already formed. Your terms are the Service Agreement and Fee Schedule applicable when your agreement is formed under Section 7.

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

Paragraph 3. A rate change does not change the care rate under an agreement already formed, unless you agree otherwise in writing. Before an agreement is formed, the rate terms follow your accepted quote and the applicable Fee Schedule; this Section does not reduce any rate protection already promised.

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 loss and expenses arising from misuse of the website or a breach of this Section only to the extent you are liable under applicable law. A third-party claim alone does not create a payment obligation, and responsibility for WithMom's own negligence or legal violations is not transferred to you.

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).

Section 19. Partner referrals

1. 1) WithMom first offers the services it provides directly. Only when WithMom cannot provide care for your dates or area, and you wish, do we connect you with a partner provider.
2. 2) For connected care, the partner is the seller and provider, and the care agreement, pricing, and refunds are governed by your separate agreement with the partner and the partner's policies. The service, pricing, and cancellation provisions of these terms (Sections 4–10 and 16) do not apply to a partner's care.
3. 3) WithMom charges a connection fee for the referral. Before either the referral or payment occurs, whichever comes first, WithMom provides the amount, payment timing, and refund terms in writing (including by email or on the payment screen) and obtains your agreement.
4. 4) WithMom remains responsible under applicable law for its own referral service and representations. The partner is responsible for the care it provides, and the partner's separate agreement does not limit WithMom's own responsibility or your statutory rights.