TERMS OF USE AND END USER LICENSE AGREEMENT

Last Updated:  SEPTEMBER 2026

These Terms of Use and End User License Agreement (collectively, these “Terms”) govern your access to and use of the Visualize My Birth® website, mobile application, digital platform, audio recordings, Guided Mental Rehearsal exercises, breathing exercises, educational materials, programs, products, features, and related content and services (collectively, the “Services”).

For purposes of these Terms, KIMBERLY SPAIR, LLC is referred to as “Company,” “Visualize My Birth®,” “we,” “our,” or “us.”

By accessing or using the Services, creating an account, downloading or installing the App, purchasing or subscribing to any Service, or clicking to accept or agree to these Terms when the option is made available to you, you acknowledge that you have read, understand, and agree to be legally bound by these Terms.

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

1. ELIGIBILITY

You must be at least eighteen (18) years of age to create an account, purchase Services, or otherwise enter into this Agreement.

By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into a binding agreement.

The Services are intended for personal use by adults and are not directed to children.

2. THE SERVICES

The Services may include, without limitation:

•  the Visualize My Birth® website;
•  the Visualize My Birth® mobile application;
•  Guided Mental Rehearsal exercises;
•  visualization exercises;
•  breathing exercises;
•  audio and video recordings;
•  educational and informational materials;
•  birth-preparation programs;
•  written materials, exercises, worksheets, and guides;
•  subscription or membership features;
•  downloadable materials; and
•  other products, programs, features, or content made available by Company.

Company reserves the right, at any time and in its sole discretion, to modify, update, suspend, discontinue, restrict, or change any portion of the Services, temporarily or permanently, with or without notice, subject to applicable law.

Company does not guarantee that any particular feature, exercise, recording, program, or other element of the Services will remain available indefinitely.

Neither Company nor its parents, subsidiaries, affiliates, licensors, vendors, contractors, service providers, officers, directors, employees, consultants, agents, or representatives will be liable solely because Company modifies, suspends, or discontinues any portion of the Services.

3. LIMITED LICENSE TO USE THE SERVICES

Subject to your continued compliance with these Terms, Company grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your own personal, noncommercial purposes.

Where Company expressly makes materials available for download, you may download and use those materials solely for your personal, noncommercial use and only in accordance with these Terms and any additional instructions accompanying those materials.

Except where expressly authorized in writing by Company, you may not:

1.  copy, reproduce, republish, upload, post, transmit, distribute, sell, license, sublicense, rent, lease, loan, assign, transfer, or commercially exploit any portion of the Services;
2.  modify, translate, adapt, alter, or create derivative works from the Services or Company Content;
3.  reproduce or distribute any audio recording, Guided Mental Rehearsal exercise, breathing exercise, video, workbook, written program, proprietary methodology, or other Company Content;
4.  use the Services to create, train, develop, improve, or support any competing product, program, application, service, artificial intelligence system, machine learning model, dataset, or other commercial offering;
5.  share your account credentials or permit another person to access paid Services using your account;
6.  remove, obscure, or modify any copyright, trademark, proprietary rights, or other notices contained within the Services;
7.  reverse engineer, decompile, disassemble, attempt to derive source code from, or otherwise attempt to discover the underlying structure, algorithms, source code, or non-public components of the App or other software included within the Services, except to the extent such restriction is prohibited by applicable law;
8.  circumvent or attempt to circumvent technological measures designed to protect or limit access to the Services;
9.  use any automated system, scraper, crawler, bot, data-mining technology, or similar means to access, retrieve, copy, index, monitor, or collect content or information from the Services without Company's express written permission; or
10.  use the Services in any manner that violates these Terms or applicable law.

No ownership interest in the Services or Company Content is transferred to you.

4. INTELLECTUAL PROPERTY RIGHTS

The Services and all content made available through them, including without limitation all text, graphics, photographs, videos, audio recordings, Guided Mental Rehearsal exercises, breathing exercises, visualizations, scripts, written exercises, educational materials, methodologies, program structures, designs, interfaces, software, source and object code, databases, compilations, trademarks, service marks, trade names, logos, and other materials (collectively, “Company Content”), are owned by or licensed to Company and are protected by applicable intellectual property and proprietary rights laws.

Except for the limited license expressly granted under these Terms, no right, title, or interest in or to the Company Content is granted or transferred to you.

Visualize My Birth®, associated names, logos, designs, slogans, and other source identifiers are trademarks or proprietary identifiers of the Company or its licensors.

You may not use Company trademarks, logos, or other source identifiers without prior written authorization from Company.

To the extent any website design, graphic elements, logos, or other materials are owned by a third-party designer, developer, licensor, or service provider, such materials remain the property of their respective owners.

5. USER ACCOUNTS

Certain portions of the Services may require you to create an account.

You agree to provide accurate, current, and complete information when creating and maintaining your account.

You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring through your account.

You agree to promptly notify Company if you become aware of or reasonably suspect unauthorized access to or use of your account.

Company reserves the right to suspend or terminate an account if Company reasonably believes that:

•  information provided through the account is false, inaccurate, or incomplete;
•  the account is being shared or used without authorization;
•  the account or Services are being used in violation of these Terms; or
•  suspension or termination is reasonably necessary to protect Company, other users, or the Services.

6. ACCEPTABLE USE

You agree to use the Services only for lawful purposes and in accordance with these Terms.

You may not use the Services to:

•  engage in fraudulent, deceptive, unlawful, abusive, threatening, harassing, defamatory, obscene, or otherwise unlawful conduct;
•  violate the intellectual property, privacy, publicity, contractual, or other rights of another person;
•  introduce malware, viruses, spyware, malicious code, or other harmful technology;
•  interfere with or disrupt the operation, security, integrity, or availability of the Services;
•  gain unauthorized access to systems, accounts, networks, servers, or data;
•  impersonate another person or falsely state or misrepresent your affiliation with another individual or entity;
•  collect information about other users without authorization;
•  commercially exploit the Services without Company's express written authorization; or
•  encourage or assist another person in engaging in conduct prohibited under these Terms.

7. GUIDED MENTAL REHEARSAL; NATURE OF THE SERVICES

The Services may include Guided Mental Rehearsal exercises, visualization exercises, breathing exercises, educational materials, audio recordings, and other birth-preparation tools.

Visualize My Birth® Guided Mental Rehearsal is intended as an educational and mental preparation technique.

Guided Mental Rehearsal is not meditation, hypnosis, psychotherapy, medical treatment, or medical care.

Guided Mental Rehearsal does not require you to remain still, lie down, close your eyes, or enter any particular physical or mental state.

Depending upon the particular exercise and your individual circumstances, Guided Mental Rehearsal may be used while sitting, lying down, walking, folding laundry, performing light household activities, or participating in other activities that can be safely performed while listening to or mentally engaging with the applicable content.

You are solely responsible for determining whether your surroundings, activity, physical condition, and circumstances are appropriate for use of the Services.

8. SAFETY AND ATTENTION

DO NOT USE THE APP, AUDIO RECORDINGS, GUIDED MENTAL REHEARSAL EXERCISES, BREATHING EXERCISES, OR OTHER SERVICES WHILE DRIVING, OPERATING A MOTOR VEHICLE OR MACHINERY, OR ENGAGING IN ANY ACTIVITY THAT REQUIRES YOUR FULL ATTENTION OR IN WHICH DISTRACTION COULD CREATE A RISK OF INJURY, ACCIDENT, PROPERTY DAMAGE, OR HARM TO YOU OR ANOTHER PERSON.

You are not required to close your eyes while using the Services.

You should keep your eyes open and remain appropriately alert whenever your surroundings, activity, personal safety, responsibilities, or circumstances require you to do so.

If you are responsible for supervising an infant, child, dependent, or another person while using the Services, you remain solely responsible for maintaining appropriate supervision and attention.

You should remain alert, keep your eyes open as necessary, and pause, modify, or discontinue use of the Services whenever necessary to safely supervise a child or fulfill any caregiving responsibility.

You are responsible for using the Services in a manner that is safe and appropriate for your individual circumstances.

9. EDUCATIONAL PURPOSES; NOT MEDICAL CARE

The Services are provided solely for educational, informational, and birth-preparation purposes.

The Services do not constitute and are not intended to constitute:

•  medical advice;
•  medical diagnosis;
•  medical treatment;
•  prenatal care;
•  obstetrical care;
•  midwifery care;
•  emergency medical care;
•  mental health treatment;
•  psychotherapy; or
•  any other licensed healthcare service.

Use of the Services does not create a physician-patient, midwife-patient, therapist-patient, healthcare-provider-patient, or other professional healthcare relationship between you and Company or any person appearing in or contributing to the Services.

Company does not diagnose disease, prescribe medication, provide treatment for disease or medical conditions, or make individualized medical determinations through the Services.

Nothing contained within the Services should be interpreted as a substitute for advice, examination, diagnosis, monitoring, treatment, or care from your physician, midwife, or other qualified healthcare professional.

10. PREGNANCY AND MEDICAL DISCLAIMER

Pregnancy, labor, delivery, postpartum recovery, and infant health are highly individualized medical and physiological processes.

Nothing contained within the Services is intended to diagnose, prevent, treat, initiate, delay, accelerate, control, manage, or otherwise medically affect pregnancy, labor, delivery, postpartum recovery, or the health of a pregnant person, fetus, newborn, or infant.

You should consult your physician, midwife, or other appropriately qualified healthcare provider regarding:

•  your pregnancy;
•  your individual health history;
•  your birth plan;
•  your labor and delivery options;
•  any symptoms you experience;
•  medical interventions or medications;
•  whether any exercise, breathing practice, visualization exercise, physical activity, or other practice is appropriate for you; and
•  any other medical question or concern.

You are responsible for following the advice and instructions of your own healthcare providers.

If advice provided by your healthcare provider conflicts with any content made available through the Services, you should follow the advice of your healthcare provider.

11. NO REPRESENTATION REGARDING INDUCTION OR PROGRESSION OF LABOR

Company does not represent, warrant, claim, or guarantee that use of the Services, including without limitation the App, Guided Mental Rehearsal exercises, visualization exercises, breathing exercises, audio recordings, relaxation techniques, educational materials, or other Company Content, will initiate, induce, trigger, accelerate, delay, prevent, or otherwise cause or affect:

•  labor;
•  the timing or onset of labor;
•  uterine contractions;
•  Braxton Hicks contractions;
•  cervical dilation;
•  cervical effacement;
•  cervical ripening or other cervical change;
•  rupture of membranes or “water breaking”;
•  preterm or premature labor;
•  progression of labor;
•  duration of labor;
•  fetal positioning;
•  delivery; or
•  any other physiological event associated with pregnancy, labor, birth, or postpartum recovery.

The fact that contractions, labor, rupture of membranes, cervical changes, delivery, or another pregnancy-related event occurs during or after use of the Services does not establish that the Services caused, initiated, accelerated, delayed, contributed to, or otherwise affected that event.

To the fullest extent permitted by applicable law, you acknowledge and agree that Company is not responsible for claims alleging that use of the Services caused, induced, triggered, accelerated, delayed, contributed to, or otherwise affected labor, contractions, cervical change, rupture of membranes, preterm labor, delivery, or another pregnancy-, birth-, postpartum-, fetal-, or infant-related physiological event.

12. NO GUARANTEE OF LABOR, BIRTH, OR HEALTH OUTCOMES

Every pregnancy, labor, birth, postpartum experience, and infant outcome is different.

Individual experiences and results will vary.

Company does not make any representation, warranty, promise, or guarantee regarding any particular pregnancy, labor, birth, medical, psychological, emotional, maternal, fetal, neonatal, or infant outcome resulting from or associated with use of the Services.

Without limiting the foregoing, Company does not represent or guarantee that use of the Services will:

•  cause labor to begin by or before any particular date;
•  prevent labor from beginning before any particular date;
•  shorten labor;
•  accelerate labor;
•  result in any particular pattern or progression of labor;
•  reduce or eliminate pain;
•  reduce the perceived intensity of contractions;
•  result in an unmedicated birth;
•  result in a vaginal birth;
•  result in a successful vaginal birth after cesarean (“VBAC”);
•  result in labor without induction;
•  prevent or reduce the likelihood of induction;
•  prevent or reduce the likelihood of medication;
•  prevent or reduce the likelihood of pain-management intervention;
•  prevent or reduce the likelihood of assisted vaginal delivery;
•  prevent or reduce the likelihood of cesarean delivery;
•  prevent pregnancy, labor, delivery, postpartum, fetal, neonatal, or other medical complications;
•  produce a particular birth experience;
•  produce the birth experience envisioned, planned, desired, rehearsed, or anticipated by the user; or
•  produce any particular maternal, fetal, newborn, infant, emotional, physical, or medical outcome.

All medical decisions relating to pregnancy, labor, delivery, medications, procedures, interventions, delivery method, and postpartum care should be made in consultation with appropriately qualified healthcare professionals based upon your individual circumstances.

13. TESTIMONIALS AND USER EXPERIENCES

The Services may contain testimonials, user experiences, case examples, stories, reviews, or descriptions of experiences reported by other individuals.

Such experiences are personal to the individuals providing them.

Testimonials and individual experiences are provided for illustrative and informational purposes only and do not constitute a representation, warranty, promise, or guarantee that you will experience the same or similar results.

Individual outcomes vary substantially based upon circumstances that may be outside the Company's knowledge or control.

14. CONCERNING SYMPTOMS AND MEDICAL CARE

You should stop using the Services and promptly contact your physician, midwife, or other qualified healthcare provider if you experience concerning, unusual, or unexpected pregnancy-related symptoms or if anything feels medically wrong.

Do not disregard professional medical advice or delay seeking medical care because of anything contained within the Services.

Nothing in the Services is intended to provide emergency medical guidance.

If you believe you are experiencing a medical emergency, call 911 or your applicable local emergency number or seek appropriate emergency medical care immediately.

15. ASSUMPTION OF RESPONSIBILITY

Your use of the Services is voluntary.

By using the Services, you acknowledge and agree that you remain responsible for:

•  your own health and safety;
•  determining whether and when use of the Services is appropriate;
•  your surroundings and physical environment;
•  obtaining appropriate prenatal and other medical care;
•  following instructions from your healthcare providers;
•  decisions regarding your pregnancy, labor, birth, delivery, and postpartum care;
•  seeking medical care when necessary;
•  safely supervising children or other persons in your care; and
•  discontinuing use of the Services when circumstances make continued use unsafe or inappropriate.

Nothing contained within the Services transfers responsibility for your healthcare decisions, pregnancy, labor, delivery, postpartum care, safety, or caregiving responsibilities to the Company.

16. THIRD-PARTY SERVICES AND LINKS

The Services may contain links to, integrations with, or content made available by third-party websites, applications, platforms, service providers, payment processors, app stores, advertisers, or other third parties.

Company does not control and is not responsible for the availability, content, products, services, security practices, privacy practices, representations, or conduct of third parties.

The inclusion of a link, integration, or reference to a third party does not constitute endorsement by Company unless Company expressly states otherwise.

Your interactions with third parties are governed by the applicable third party's terms, privacy policies, and other agreements.

You access and use third-party services at your own risk.

17. APP STORE TERMS

If you download the App through the Apple App Store, Google Play Store, or another third-party application marketplace (“App Store”), you acknowledge that these Terms are between you and Company and not between you and the applicable App Store provider.

The App Store provider is not responsible for the App, its content, maintenance, support, warranties, or claims relating to the App except to the extent required by the App Store provider's own terms or applicable law.

Your use of the App must also comply with any applicable App Store terms and conditions.

To the extent required by an applicable App Store's terms, the applicable App Store provider and its subsidiaries may be third-party beneficiaries of these Terms solely with respect to your license to use the App.

18. USER SUBMISSIONS

If the Services allow you to submit comments, feedback, suggestions, ideas, reviews, questions, or other materials (“Submissions”), you represent that you have the right to submit such materials.

Unless the Company expressly agrees otherwise in writing, Submissions will not be considered confidential.

Company does not accept unsolicited ideas or suggestions under any obligation of confidentiality, compensation, attribution, or exclusivity.

You should not submit materials you wish to remain confidential or for which you expect compensation unless Company expressly agrees to such terms in writing before submission.

19. ACCURACY OF INFORMATION YOU PROVIDE

If you submit information through the Services, you represent and warrant that:

1.  you have the right and authority to provide the information;
2.  the information is accurate and complete to the best of your knowledge;
3.  Company may use the information for the purposes for which it was submitted, subject to Company's Privacy Policy; and
4.  you will update information when reasonably necessary to maintain its accuracy.

Company may restrict or terminate access to the Services where materially false, fraudulent, or misleading information is provided.

20. PRIVACY

Your privacy is important to the Company.

Company's collection, use, disclosure, storage, and processing of personal information through the Website and App are governed by Company's applicable Privacy Policy, as updated from time to time.

By using the Services, you acknowledge that you have had an opportunity to review the Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference.

To the extent the App collects health-related information, pregnancy-related information, device information, analytics, usage information, or other personal information, such collection and use should be specifically addressed in Company's Privacy Policy.

21. PURCHASES, SUBSCRIPTIONS, AND PAYMENT

Certain Services may require payment.

Prices, billing periods, subscription terms, renewal terms, cancellation options, and other purchase conditions will be disclosed at or before the time of purchase.

You agree to pay all charges associated with purchases made through your account.

If you purchase Services through an App Store or third-party payment processor, payment processing, cancellation, refunds, and related matters may also be governed by that third party's applicable terms.

Except where otherwise required by law or expressly stated in connection with a particular purchase, fees paid for Services are nonrefundable once earned or once access to the applicable Service has been provided.

Any subscription cancellation will take effect in accordance with the cancellation terms disclosed at purchase or required by the applicable App Store or payment provider.

22. TERMINATION AND SUSPENSION

These Terms remain in effect while you access or use the Services.

Company may suspend, restrict, or terminate your access to some or all of the Services if:

•  you violate these Terms;
•  Company reasonably believes your use presents a security, legal, operational, or safety risk;
•  your account is used fraudulently or without authorization;
•  required payments are not made;
•  Company discontinues the applicable Service; or
•  suspension or termination is otherwise permitted by applicable law.

Upon termination, your license to access and use the applicable Services will immediately end.

Provisions that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and other accrued rights and obligations.

23. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND COMPANY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

COMPANY AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

COMPANY DOES NOT WARRANT THAT:

•  THE SERVICES WILL MEET YOUR INDIVIDUAL EXPECTATIONS OR REQUIREMENTS;
•  THE SERVICES WILL BE AVAILABLE AT ALL TIMES;
•  ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE;
•  ALL DEFECTS WILL BE CORRECTED;
•  THE SERVICES WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS;
•  ANY INFORMATION PROVIDED THROUGH THE SERVICES WILL BE COMPLETE, CURRENT, OR ERROR-FREE; OR
•  USE OF THE SERVICES WILL PRODUCE ANY PARTICULAR RESULT.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

24. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF USE, LOSS OF OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR DAMAGES ARISING FROM OR RELATING TO:

•  YOUR RELIANCE UPON COMPANY CONTENT;
•  YOUR USE OR MISUSE OF THE SERVICES;
•  USE OF THE SERVICES IN AN UNSAFE ENVIRONMENT OR WHILE ENGAGING IN AN ACTIVITY REQUIRING FULL ATTENTION;
•  YOUR FAILURE TO FOLLOW MEDICAL ADVICE OR SEEK APPROPRIATE MEDICAL CARE;
•  PREGNANCY, LABOR, DELIVERY, POSTPARTUM, FETAL, NEWBORN, OR INFANT EVENTS OR OUTCOMES;
•  ACTS OR OMISSIONS OF HEALTHCARE PROVIDERS OR OTHER THIRD PARTIES;
•  THIRD-PARTY CONTENT, PRODUCTS, SERVICES, WEBSITES, APPLICATIONS, OR PLATFORMS;
•  UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT; OR
•  INTERRUPTIONS, ERRORS, DEFECTS, OR UNAVAILABILITY OF THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, WILL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO COMPANY FOR THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR

(B) ONE HUNDRED DOLLARS ($100.00).

Nothing in these Terms excludes or limits liability to the extent such liability cannot legally be excluded or limited under applicable law.

25. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parents, subsidiaries, affiliates, licensors, service providers, contractors, officers, directors, employees, consultants, agents, representatives, successors, and assigns from and against any claims, demands, actions, liabilities, judgments, damages, losses, penalties, fines, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to:

1.  your material breach of these Terms;
2.  your unlawful, fraudulent, or unauthorized use of the Services;
3.  your infringement or violation of another person's intellectual property, privacy, publicity, contractual, or other legal rights;
4.  any Submission or material you provide through the Services;
5.  your misuse of Company Content;
6.  your use of the Services in a manner inconsistent with the safety instructions contained in these Terms;
7.  your use of the Services while driving, operating machinery, engaging in an activity requiring full attention, or otherwise using the Services under unsafe circumstances;
8.  your failure to appropriately supervise a child or other individual in your care while using the Services; or
9.  your use of the Services contrary to instructions or restrictions provided by your qualified healthcare provider.

This indemnification provision does not require you to indemnify Company for claims to the extent caused by Company's own conduct where indemnification for such conduct would be prohibited by applicable law.

26. CHANGES TO THE SERVICES OR THESE TERMS

Company may revise these Terms from time to time.

If Company makes changes, the revised Terms will be posted within the Website, App, or another location reasonably made available to users, and the “Last Updated” date will be revised.

Where applicable law requires additional notice or affirmative consent to a material change, Company will provide such notice or obtain such consent.

Your continued use of the Services after revised Terms become effective constitutes your acceptance of the revised Terms to the extent permitted by law.

If you do not agree to the revised Terms, you must discontinue use of the Services.

27. INTERNATIONAL USERS

The Services are controlled and operated from the United States.

Company makes no representation that the Services are appropriate, lawful, or available for use in every jurisdiction.

If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Company may limit availability of the Services by person, location, jurisdiction, or territory.

28. GOVERNING LAW; JURISDICTION

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of New Jersey, without regard to its conflict-of-law principles.

To the extent permitted by applicable law, you and Company consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of New Jersey for disputes arising out of or relating to these Terms or the Services.

Each party waives any objection based upon venue, personal jurisdiction, or inconvenient forum to the extent such waiver is enforceable.

29. SEVERABILITY

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will continue in full force and effect.

30. WAIVER; CUMULATIVE REMEDIES

Company's failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

A waiver of any breach will not constitute a waiver of any subsequent breach.

Unless otherwise expressly stated, rights and remedies provided under these Terms are cumulative and do not exclude any rights or remedies available under applicable law.

31. ASSIGNMENT

You may not assign or transfer these Terms or any rights or obligations under them without Company's prior written consent.

Company may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, restructuring, or other business transaction, or as otherwise permitted by law.

32. NO PROFESSIONAL OR OTHER RELATIONSHIP

Except for the contractual relationship expressly created by these Terms, nothing contained herein creates a partnership, joint venture, employer-employee relationship, agency relationship, franchise relationship, fiduciary relationship, healthcare-provider-patient relationship, therapist-client relationship, or other professional relationship between you and Company.

33. ELECTRONIC COMMUNICATIONS AND NOTICES

You consent to receive communications relating to the Services electronically, including through email, in-App notices, Website notices, account notifications, or other electronic methods.

Electronic communications satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.

Company may provide notices regarding changes to these Terms, Services, account status, or other matters through the Website, App, email address associated with your account, or another reasonable method.

34. ENTIRE AGREEMENT

These Terms, together with Company's Privacy Policy and any additional terms expressly presented to and accepted by you in connection with a particular Service, constitute the entire agreement between you and Company concerning your use of the Services and supersede prior or contemporaneous agreements concerning the same subject matter.

If additional terms expressly applicable to a particular Service conflict with these Terms, the additional terms will control solely with respect to that Service to the extent of the conflict.

35. CONTACT INFORMATION

Questions regarding these Terms may be directed to:

Visualize My Birth®
Kimberly Spair, LLC
P.O Box 287 Swedesboro, NJ 08085
Email: office@drkimberlyspair.com

ACKNOWLEDGMENT

BY ACCESSING OR USING THE WEBSITE OR APP, DOWNLOADING OR INSTALLING THE APP, CREATING AN ACCOUNT, PURCHASING OR SUBSCRIBING TO THE SERVICES, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND END USER LICENSE AGREEMENT.