1. Introduction and acceptance

These Terms of Use ("Terms") govern your access to and use of the BirthGuide website at birthguide.com.au and the birth plan creation service provided through it (together, the "Service"). The Service is operated by BirthGuide ("we," "us," or "our"), based in Melbourne, Victoria, Australia.

By accessing or using BirthGuide, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use the Service.

2. About BirthGuide

BirthGuide is a paid digital product that helps expecting parents create personalised birth plans. For a one-time payment of $14.99 AUD, BirthGuide generates four outputs based on the preferences and information you provide:

  1. A shareable Birth Page: An interactive web page hosted at birthguide.com.au/plan/[your-unique-slug] that presents your birth preferences in a clear, accessible format.
  2. A birth plan PDF: A downloadable document summarising your birth preferences, suitable for sharing with your healthcare provider.
  3. A partner labour cheat sheet PDF: A downloadable guide tailored to your preferences, designed to help your birth partner support you during labour.
  4. A personalised hospital bag checklist PDF: A downloadable checklist customised based on your birth preferences and circumstances.

BirthGuide also features an AI-powered chat widget that allows you to ask questions about birth planning. BirthGuide does not require you to create an account.

3. Medical disclaimer

This section is important. Please read it carefully.

BirthGuide is an informational and planning tool only. It is not a medical product, medical device, or healthcare service. It does not provide medical advice, diagnosis, or treatment.

The birth plans, checklists, cheat sheets, and other materials generated by BirthGuide are designed solely to help you organise and communicate your birth preferences. They are a communication tool for expressing your wishes, not a binding agreement with any hospital, birth centre, midwife, doctor, or other healthcare provider.

There is no guarantee that your birth plan will be followed by your healthcare providers. Clinical circumstances, hospital policies, and the professional judgement of your care team may require deviations from your stated preferences.

You must always consult your doctor, midwife, or other qualified healthcare professional about your birth preferences, pregnancy care, and any health concerns. BirthGuide is not responsible for any medical decisions made based on birth plans created using the Service.

Use of BirthGuide does not create a patient-practitioner relationship. If you think you may have a medical emergency, call 000 (Australia) or 999/112 (United Kingdom), or go to your nearest hospital emergency department immediately.

4. AI disclaimer

BirthGuide's chat widget uses artificial intelligence powered by the Anthropic Claude API. Please be aware of the following:

  • AI responses may be inaccurate, incomplete, or out of date. The chat widget may generate responses that contain errors or information that does not apply to your specific circumstances.
  • AI responses are not medical advice. The chat widget is for general informational purposes only.
  • You should verify all information provided by the chat widget with your healthcare provider before acting on it.
  • The chat widget does not have access to your medical records and cannot account for individual health circumstances.

We do not guarantee the accuracy, completeness, or suitability of any response generated by the AI chat widget.

5. Payment terms

BirthGuide is available for a one-time payment of $14.99 AUD(inclusive of GST, if applicable). There are no recurring charges or subscription fees.

Payment is processed securely by Stripe. We do not collect, store, or have access to your full payment card details. All payment card information is handled directly by Stripe in accordance with PCI DSS.

Prices are displayed in Australian dollars (AUD). Your bank or card issuer may apply currency conversion fees if you are paying from outside Australia. These fees are not controlled by or payable to BirthGuide.

6. Refund policy and consumer guarantees

Your rights under Australian Consumer Law:

Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law ("ACL"), which is Schedule 2 to the Competition and Consumer Act 2010 (Cth).

For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to a refund for those problems.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted, or modified by agreement.

You are not entitled to a refund if you simply change your mind, find the Service is not to your personal taste, or made the purchase by mistake.

To request a refund, contact us at hello@birthguide.com.au within a reasonable time. We will respond within 14 business days.

7. Your content and intellectual property

You retain ownership of all personal information, birth preferences, and other content you provide to BirthGuide. We do not claim ownership of your content.

By using the Service, you grant us a limited, non-exclusive, royalty-free licence to use, store, and process your content solely to provide the Service to you. We will not use your content for any other purpose without your consent.

BirthGuide and all related intellectual property, including the website design, code, branding, templates, and algorithms, are owned by BirthGuide and protected by Australian and international intellectual property laws. You may not reproduce, modify, or create derivative works from any part of the BirthGuide platform without our prior written consent. This restriction does not apply to your own birth plan outputs, which you are free to use, share, print, and distribute.

8. Shareable Birth Page

When you create a birth plan, BirthGuide generates a shareable Birth Page at a unique URL (birthguide.com.au/plan/[your-unique-slug]).

Please be aware that this Birth Page is publicly accessible. Anyone who has the URL can view its content. There is no password protection or login required. You are responsible for deciding who you share the URL with. We recommend sharing it only with people you trust.

If you would like your Birth Page to be removed, contact us at hello@birthguide.com.au.

9. Acceptable use

You agree to use BirthGuide only for its intended purpose: creating personalised birth plans for personal, non-commercial use.

You must not:

  • Use the Service for any unlawful purpose
  • Attempt to gain unauthorised access to our systems, servers, or databases
  • Introduce viruses, malware, or other harmful code
  • Use automated tools to access or extract data without our prior written consent
  • Interfere with or disrupt the integrity or performance of the Service
  • Resell, redistribute, or commercially exploit the Service
  • Use the AI chat widget to generate content that is harmful, illegal, or discriminatory

We reserve the right to restrict or terminate access if we reasonably believe you have breached these terms.

10. Limitation of liability

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition imposed by the Australian Consumer Law or any other applicable legislation that cannot be lawfully excluded or limited.

Subject to any non-excludable obligations, and to the maximum extent permitted by law:

  • We exclude all liability for any indirect, incidental, special, consequential, or punitive damages arising out of your use of, or inability to use, the Service.
  • Our total aggregate liability to you for all claims is limited to the amount you paid for the Service ($14.99 AUD).
  • We are not liable for any loss arising from your reliance on information provided by the Service, including information generated by the AI chat widget.
  • We are not liable for any acts, omissions, decisions, or conduct of your healthcare providers, whether or not they have seen or followed your birth plan.

11. Service availability and modifications

We strive to keep BirthGuide available and functioning reliably, but we do not guarantee uninterrupted or error-free access. The Service may be temporarily unavailable due to scheduled maintenance, system updates, or circumstances beyond our reasonable control.

We reserve the right to update, modify, or discontinue any feature of BirthGuide at any time. Where changes materially reduce the core functionality of the Service, your rights under the Australian Consumer Law are preserved.

12. Termination

You may stop using BirthGuide at any time. To have your personal information and birth plan data deleted, contact us at hello@birthguide.com.au.

We may restrict or terminate your access if we reasonably believe you have breached these Terms, your use poses a security risk, or we are required to do so by law. Termination for breach does not entitle you to a refund. This does not affect your rights under the Australian Consumer Law.

13. Privacy

We collect and handle your personal information in accordance with our Privacy Policy. By using the Service, you acknowledge that you have read our Privacy Policy. It forms part of these Terms.

14. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Any dispute arising out of or in connection with these Terms is subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.

If you are a UK or EU consumer, nothing in these Terms affects any mandatory consumer protection rights you may have under the laws of your country of residence.

15. Dispute resolution

We encourage you to contact us first if you have a concern. Please email us at hello@birthguide.com.au with a description of your concern. We will acknowledge within 7 days and work to resolve the matter within 30 days.

If we are unable to resolve the dispute, you may contact Consumer Affairs Victoria (consumer.vic.gov.au, 1300 55 81 81) or apply to the Victorian Civil and Administrative Tribunal (VCAT) or an appropriate court.

You may also report consumer law concerns to the Australian Competition and Consumer Commission (ACCC) at accc.gov.au or by calling 1300 302 502.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, it will be read down to the extent necessary to make it valid. If it cannot be read down, it will be severed without affecting the validity of the remaining provisions.

17. Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BirthGuide regarding your use of the Service. They supersede all prior communications and agreements relating to the Service.

18. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where practicable, post a notice on our website. Changes will not apply retrospectively. Your continued use of BirthGuide after updated Terms have been posted constitutes your acceptance of the changes.

19. Contact us

If you have any questions about these Terms, please contact us at hello@birthguide.com.au.