Terms of Service

By creating an account, accessing the Service, or using any features of Biraea, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

You must be at least 18 years of age to create an account or use the Service. By using Biraea, you represent and warrant that you meet this age requirement.

2.1 Account Creation. To use most features of Biraea, you must create an account by providing a valid email address, your name, and a password. You agree to provide accurate, current, and complete information during registration and to update this information as needed.

2.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials, including your password and any two-factor authentication secrets. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

2.3 One Person Per Account. Each account is for a single individual. You may not share your account credentials with others or allow multiple individuals to use a single account.

2.4 Guest Access. Certain features of your published sites may allow visitors and guests to interact with your content, including submitting RSVPs, messages, name suggestions, baby guesses, and meal train sign-ups. You are responsible for the content shared on your sites and for managing guest interactions. Guests may authenticate via site passwords, access codes, or guest-specific accounts at your discretion.

3.1 Free Tier. Biraea offers a free tier that lets you create and publish a site, use the template designs, collect RSVPs, run guest lists and task lists, protect your site with a password or access codes, add registry links, write a blog, organize a meal train, collect cash fund contributions through Stripe, and send labor and birth email alerts to a limited number of recipients. The features included in the free tier, and the limits that apply to them, are described on our pricing page, which is the current and controlling description.

3.2 The Paid Plan: Biraea Heirloom. Biraea offers a single paid plan, Biraea Heirloom, for a one-time payment of $59 USD. It is a one-time purchase, not a subscription. What the plan includes is described on our pricing page. The designs and features included in the plan may change over time, and some designs — including individually licensed artist designs — may be offered for separate purchase and are not part of the plan. Anything that was included in Biraea Heirloom at the time you purchased it remains included for you.

Biraea Heirloom applies to your account. Purchasing it does not create a recurring charge of any kind.

3.3 Billing. The price of Biraea Heirloom is charged once, in U.S. dollars, at the time of purchase. It does not automatically renew. There is no billing period, no renewal date, and no renewal charge. We will not charge your payment method again for the plan.

3.4 Cancellation. Because Biraea Heirloom is a one-time purchase and never renews, there is nothing to cancel. Your access does not expire at the end of a period, and you will not lose plan features by failing to renew. Refunds are governed by Section 15. Deleting your account is a separate action — see Section 12.

3.5 Legacy Subscriptions. Biraea previously offered recurring subscription add-ons (Gather, Games, and Biraea Complete). These plans were retired and are no longer available for purchase. If you subscribed to one before it was retired, your subscription continues on the terms under which you purchased it: it renews automatically at the then-current price until you cancel, we will send a renewal reminder at least 7 days before each renewal, and you may cancel auto-renewal at any time from your Account Settings. Upon cancellation you retain access to the paid features through the end of your current billing period, after which your account reverts to the free tier. Content created with paid features is preserved but may become inaccessible. Once a legacy subscription is cancelled, it cannot be restarted, because the plan is no longer sold.

3.6 Price Changes. We may change our pricing at any time. A price change does not affect a purchase you have already completed — if you have paid for Biraea Heirloom, you owe nothing further regardless of any later price. If you hold a legacy subscription and we increase its price, we will notify you 30 days in advance and your subscription will not renew at the higher price unless you confirm it; if you do not confirm, it will cancel at the end of the current billing period.

3.7 No Contracts. There is no long-term contract and no minimum term.

4.1 Your Content. "User Content" means any content you create, upload, post, or otherwise make available through the Service, including but not limited to site titles, blog posts, event descriptions, photos, messages, game questions, name suggestions, registry information, and social post templates.

4.2 Ownership. You retain all ownership rights to your User Content. Biraea does not claim ownership over any content you create or upload.

4.3 License Grant to Biraea. By posting User Content to the Service, you grant Biraea a worldwide, non-exclusive, royalty-free, sublicensable (solely to the extent necessary to provide the Service) license to use, reproduce, modify, display, and distribute your User Content solely for the purpose of operating, providing, and improving the Service. This license continues for as long as your User Content remains on the Service and for a reasonable period thereafter to allow for backup and archival purposes. For clarity, this license does not grant Biraea the right to use your User Content for advertising, machine learning model training, resale, or any purpose unrelated to providing and improving the Service. When you delete your content or account, this license terminates (subject to backup retention as described in our Privacy Policy).

4.4 Visitor Content. Visitors and guests of your published sites may submit content including RSVP responses, messages, name suggestions, baby guesses, meal train sign-ups, and game answers. As the site owner, you are responsible for moderating this content. We are not responsible for content submitted by visitors to your sites.

4.5 Content Removal. We reserve the right to remove any User Content that violates these Terms or that we reasonably believe is harmful, objectionable, or in violation of applicable law. We are not obligated to monitor User Content but may do so at our discretion.

You agree not to use the Service to:

5.1 Upload, post, or transmit any content that is unlawful, defamatory, obscene, pornographic, threatening, abusive, hateful, or otherwise objectionable.

5.2 Harass, bully, intimidate, or threaten any individual or group.

5.3 Impersonate any person or entity, or falsely represent your affiliation with any person or entity.

5.4 Send unsolicited messages, spam, or bulk communications to users or visitors of the Service.

5.5 Upload or distribute malware, viruses, or any code designed to interfere with the proper functioning of the Service.

5.6 Attempt to gain unauthorized access to any part of the Service, other users' accounts, or systems connected to the Service.

5.7 Use the Service for any fraudulent, misleading, or deceptive purpose, including the creation of fake fundraising campaigns or cash funds.

5.8 Scrape, data mine, or use automated means to access or collect data from the Service without our prior written consent.

5.9 Interfere with or disrupt the integrity or performance of the Service or the data contained therein.

5.10 Violate any applicable local, state, national, or international law or regulation.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing content, suspending or terminating accounts, and reporting violations to law enforcement.

6.1 Site Slugs. Each site you create is assigned a unique URL slug (e.g., biraea.com/s/your-slug). Slugs must contain only lowercase letters, numbers, and hyphens, and must not use reserved words. Slugs are unique across the platform and are assigned on a first-come, first-served basis. We reserve the right to reclaim or reassign slugs that are inactive, misleading, or in violation of these Terms.

6.2 Publishing. You control when your site is published and made accessible to visitors. Unpublished sites are visible only to you. Once published, your site is accessible to anyone with the URL, unless you have enabled password protection or access codes.

6.3 Password Protection and Access Codes. You may restrict access to your site or specific content using site-wide passwords, access codes linked to guest tags, or guest-specific authentication. You are responsible for distributing access credentials to your intended audience and for the security of those credentials.

6.4 Content Responsibility. You are solely responsible for the content published on your sites, including blog posts, event details, registry links, photos, and any other information. Biraea is not responsible for the accuracy, completeness, or appropriateness of content on user-created sites.

6.5 Site Pages and Features. Sites may include various page types such as events, blog, registry, guest book, name suggestions, baby guesses, meal train, games, notifications, and cash funds. The availability of certain page types and features may depend on whether you have the paid plan.

7.1 Cash Fund Feature. Biraea allows site owners to create cash funds to receive monetary contributions from visitors. Cash fund contributions are processed through Stripe, a third-party payment processor.

7.2 Stripe Connect. To receive cash fund contributions, you must connect a Stripe account. Biraea uses Stripe Connect to facilitate payments. You may connect multiple Stripe accounts and assign them to individual cash funds. By connecting a Stripe account, you acknowledge and agree to be bound by the Stripe Connected Account Agreement and the Stripe Terms of Service. You represent that you have the legal authority to accept these agreements.

7.3 Processing Fees. A processing fee is applied to cash fund contributions to cover the cost of card processing. Biraea does not add a platform fee to cash fund contributions — we do not take a share of the gift beyond what card processing costs. The exact fee is displayed before you complete your contribution. The current fee is approximately 2.9% + $0.30 per transaction. For example, on a $50.00 contribution, the processing fee would be $1.75, and the site owner would receive $48.25. Contributors may be given the option to cover processing fees. When fees are not covered by the contributor, they are deducted from the amount transferred to you. Fees are approximate and may vary based on payment method.

7.4 Personal Gifts, Not Charitable Donations. Cash fund contributions are personal gifts to the site owner. Contributions are not tax-deductible charitable donations. Biraea does not operate as a charitable organization, and cash funds on the platform are not charitable solicitations.

7.5 Biraea Is Not a Financial Institution. Biraea is not a bank, financial institution, or money services business, and we do not hold contributed funds as a deposit or provide any banking service. All payments are processed by Stripe. Cash fund contributions are charged on Biraea's Stripe platform account and transferred by Stripe to your connected account, from which Stripe pays you out in accordance with its terms and payout schedule. We do not choose when you are paid and cannot expedite a Stripe payout.

7.6 Refunds for Cash Fund Contributions. A cash fund contribution can be refunded through Biraea, by the site owner who received it. Because the contribution is charged on Biraea's Stripe platform account and then transferred to the site owner's connected account, a refund issued through Biraea reverses that transfer: the funds are returned to the contributor and pulled back from the site owner's connected account, together with the processing fee.

Refunding a contribution is the site owner's decision, not ours. Biraea does not refund a contribution on a contributor's request against the site owner's wishes, and we have no obligation to do so. A contributor who wants a refund should contact the site owner. Nothing in this section limits a contributor's right to dispute a charge with their payment card issuer.

7.7 No Guarantee of Contributions. Biraea does not guarantee that your cash funds will receive any contributions. We are not responsible for the amount or frequency of contributions to your funds.

7.8 Fraudulent Funds. You may not create cash funds for fraudulent, misleading, or illegal purposes. We reserve the right to suspend or remove any cash fund and associated Stripe account connections if we suspect fraud or misuse.

7.9 Reporting Fraudulent Funds. If you believe a cash fund contribution was made to a fraudulent fund, you may report it to abuse@biraea.com and we will investigate within 10 business days.

7.10 Contributor Disputes and Chargebacks. If a contributor initiates a dispute or chargeback with their payment card issuer, the dispute is handled between the contributor, the site owner, and Stripe. Biraea is not a party to such disputes and has no obligation to mediate or resolve them. As a site owner, you acknowledge that: (a) chargebacks and dispute fees assessed by Stripe are your responsibility and will be deducted from your connected Stripe account; (b) you are solely responsible for communicating with contributors regarding their contributions, and for deciding whether to refund one; and (c) excessive chargebacks or disputes may result in Stripe suspending or terminating your connected account, which Biraea cannot override. Because a contribution is charged on Biraea's platform account, a dispute notice from the card issuer reaches Biraea rather than you; we will notify you at the email address on your account when a dispute is opened against a contribution to one of your funds, but responding to it — including gathering and submitting evidence — is your responsibility, and a dispute left unanswered is decided against you automatically.

8.1 Games Feature. Biraea offers interactive party games for baby showers and related events, including trivia, match games, price guessing, baby bingo, who knows best, nursery rhyme completion, emoji quizzes, survey says, baby photo guessing, name brackets, and predictions. Every guest can play, always, at no cost. The ready-made question packs are free; writing your own questions about the parents, and a small number of game types, require Biraea Heirloom.

8.2 Game Sessions and Phone Play. Game hosts can run live game sessions where guests join via a short code on their phones. Game sessions are temporary and associated with a specific game configuration on your site.

8.3 Game Content. You are responsible for the content of your game questions, answers, and media. Game questions may include text, images, and multiple-choice options. You must ensure that game content complies with the Acceptable Use Policy in Section 5.

8.4 Scores and Leaderboards. Game scores and leaderboards are provided for entertainment purposes only. Biraea does not award prizes and is not responsible for any prizes independently offered by game hosts.

8.5 No Sweepstakes or Prize-Based Competitions. Biraea does not support, facilitate, or administer prize-based competitions, sweepstakes, lotteries, or contests. The games feature is intended solely for entertainment at private events. If you independently choose to offer prizes in connection with games hosted through Biraea, you are solely responsible for compliance with all applicable sweepstakes, contest, and lottery laws in your jurisdiction, including registration, bonding, official rules, void-where-prohibited disclosures, and prize fulfillment requirements. Biraea disclaims all liability related to any prizes offered by game hosts.

9.1 Biraea Shop. Biraea may offer a shop featuring digital and physical products created or curated by Biraea. Products may include downloadable digital files and physical goods.

9.2 Digital Product License. When you purchase a digital product from the Biraea Shop, you receive a limited, non-exclusive, non-transferable, personal license to use the digital product for your own personal, non-commercial purposes. You may not redistribute, resell, sublicense, or make available to third parties any digital products purchased from the Shop.

9.3 Downloads. Digital products are delivered via a unique download link. You are responsible for downloading and saving digital products promptly. While we endeavor to keep download links active for a reasonable period, we do not guarantee indefinite availability of download links.

9.4 Physical Products. Physical product orders are subject to shipping availability and timing. Shipping costs, if applicable, will be displayed before purchase.

9.5 Shop Payments. All Shop purchases are processed through Stripe. Prices are displayed in U.S. dollars and include applicable fees. Refund eligibility for Shop purchases depends on product type and applicable law.

9.6 No Resale. You may not resell, redistribute, or commercially exploit any products purchased from the Biraea Shop, whether digital or physical, without our express written permission.

10.1 Biraea's Intellectual Property. The Service, including its design, features, functionality, code, documentation, logos, trademarks, and all related intellectual property, is owned by Biraea and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

10.2 Biraea Brand. "Biraea" and the Biraea logo are trademarks of Biraea. You may not use our trademarks in any manner that suggests endorsement by, affiliation with, or sponsorship by Biraea without our prior written consent.

10.3 Your Intellectual Property. You retain all intellectual property rights in the User Content you create. Nothing in these Terms transfers ownership of your content to Biraea, except for the limited license described in Section 4.3.

10.4 Feedback. If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback for any purpose related to operating, providing, and improving the Service without compensation or attribution to you. Nothing in this section requires you to waive any moral rights that cannot be waived under applicable law.

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

As a site owner, you are responsible for any personal information collected through your sites, including guest names, email addresses, phone numbers, mailing addresses, dietary restrictions, and other information provided by visitors. You agree to handle visitor information in compliance with applicable privacy laws.

11.1 Data Processing. To the extent Biraea processes personal data on your behalf under GDPR, Biraea acts as a data processor. Biraea shall: (a) process personal data only on your documented instructions; (b) ensure persons authorized to process data are under confidentiality obligations; (c) implement appropriate technical and organizational security measures; (d) not engage sub-processors without prior written authorization; (e) assist you in responding to data subject requests; (f) delete or return personal data upon termination; and (g) make available information necessary to demonstrate compliance. These obligations satisfy the requirements of GDPR Article 28.

11.2 Site Owner Data Responsibility. As a site owner, you act as the data controller for all personal information collected through your sites, including guest names, email addresses, phone numbers, mailing addresses, dietary restrictions, RSVP responses, messages, and any other data submitted by visitors and guests. You are solely responsible for: (a) ensuring you have a lawful basis to collect and store this data (such as consent or legitimate interest); (b) informing your guests about how their data will be used; (c) responding to data access, correction, or deletion requests from your guests; and (d) complying with all applicable data protection and privacy laws in your jurisdiction. Biraea provides tools to help you manage and delete guest data but does not assume the legal obligations of a data controller for guest data you collect.

12.1 Termination by You. You may terminate your account in two ways:

• Account Deletion. You may permanently delete your entire account at any time through your Account Settings on the web dashboard. Deletion requires your password and a confirmation link that we email to your account address; nothing is deleted until you open that link, and it expires after one hour. Once confirmed, the action is irreversible — all of your sites, content, guest data, tasks, and other account data are permanently deleted. See our Privacy Policy for full details on what data is deleted and what may be retained.
• Site Retirement. You may retire individual sites without deleting your account. Site retirement initiates a 30-day soft-deletion period during which the site can be restored. After 30 days, the retired site and all associated data are permanently deleted.

12.2 Termination by Biraea. We may suspend or terminate your account at any time, with or without cause. Except for violations of Section 5 (Acceptable Use) or Section 7.7 (Fraudulent Funds), we will provide at least 30 days' notice before terminating your account. Upon notice of termination, you will have 30 days to export your data through the data export feature. If we terminate your account without cause, we will refund what you paid us: the full price of Biraea Heirloom, since it bought access that is not time-limited, or, for a legacy subscription, the unused portion of the billing period you have already paid for. Reasons for termination may include, but are not limited to: violations of these Terms, fraudulent activity, extended periods of inactivity, or legal requirements.

12.3 Effect of Termination. Upon termination of your account (whether by you or by us), your right to use the Service ceases immediately. When you delete your account, your data is permanently removed as described in Section 12.1 and our Privacy Policy. When we terminate your account, we may delete your account data, including sites, content, and associated information, in accordance with our data retention policies. We are not obligated to maintain or provide any data after termination.

12.4 Soft Deletion. When you retire a site (rather than deleting your entire account), the site enters a 30-day soft-deletion period. During this period, the site is no longer visible to visitors but can be restored by you through the dashboard. After 30 days, the site and all associated data are permanently and irreversibly deleted.

12.5 Deletion and Refunds. Deleting your account does not by itself entitle you to a refund. If you purchased Biraea Heirloom and are still within the 14-day window in Section 15.1, request the refund before you delete the account, so that we can still identify the purchase. If you hold a legacy subscription, deleting your account does not refund the billing period already charged; cancel first if you want to use the paid features through the end of that period.

12.6 Survival. Sections 4.3 (License Grant), 10 (Intellectual Property), 13 (Disclaimers and Limitation of Liability), 14 (Indemnification), and 18 (Dispute Resolution) survive termination of these Terms.

13.2 No Guarantee of Availability. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components. We are not responsible for any downtime, data loss, or service interruptions.

13.5 Third-Party Services. The Service may integrate with third-party services such as Stripe for payment processing. We are not responsible for the availability, accuracy, or reliability of any third-party service, and your use of such services is at your own risk and subject to their respective terms.

13.6 Health Information. Health-related content provided on our platform, including our mental health resources page, is for informational and educational purposes only and does not constitute medical advice, diagnosis, or treatment. This disclaimer applies to all health, wellness, and birth-related content on Biraea, including articles in the Nook content hub. Always seek the advice of a qualified healthcare provider with any questions regarding a medical condition. Biraea is not liable for any decisions made based on health-related information provided on our platform.

13.7 Nook Editorial Content. All editorial content in the Nook is owned by Biraea and provided for personal, non-commercial informational purposes only. You may not reproduce, redistribute, or commercially use Nook articles without our prior written consent.

You agree to indemnify, defend, and hold harmless Biraea, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

14.1 Your use of the Service or any activity under your account.

14.2 Your User Content or any content published on your sites.

14.3 Your violation of these Terms or any applicable law.

14.4 Your violation of any rights of a third party.

14.5 Any cash funds you create or contributions processed through your connected Stripe account.

14.6 Biraea Indemnification. For paid subscribers, Biraea will defend and indemnify you against third-party intellectual property infringement claims arising solely from your authorized use of Biraea-provided templates, themes, or game content, provided you notify us promptly of any such claim.

15.1 Biraea Heirloom. If you purchased Biraea Heirloom, you may request a refund within 14 days of your purchase, for any reason. Email billing@biraea.com from the address on your account. We do not require a reason and will not ask you to justify the request.

If you have not redeemed either template credit, the refund is the full $59. Biraea Heirloom includes two template credits, each of which can be redeemed for a template from the shop. A redeemed template is a downloaded file that we cannot take back, and under Section 15.3 a downloaded digital product is not refundable on its own. So if you have already redeemed a credit, we deduct the shop list price of each template you redeemed and refund the rest. The list price is the template's regular shop price, without the plan discount; at today's prices the deduction is at most $19.98 in total, and the refund is never less than $0. You keep any template you redeemed. Any credit you have not redeemed is removed with the plan.

We use the list price — what the template costs without the plan — because a refund ends your membership, and the member discount comes with the membership you are giving back. The price is the one that applied on the day you redeemed, not the price today.

After 14 days, Biraea Heirloom is non-refundable, because the plan is a one-time purchase with no renewal — there is no future billing period to refund. If a refund is issued, plan features are removed from your account and it returns to the free tier; the content you created is preserved, but features exclusive to the plan may become inaccessible.

15.2 Legacy Subscriptions. If you hold a legacy subscription (Gather, Games, or Biraea Complete — see Section 3.5), you may request a full refund of a payment within 48 hours of the charge by contacting billing@biraea.com. After 48 hours, a billing period already charged is not refunded, and you retain access to the paid features through the end of that period.

15.3 Shop Purchases. Digital products (downloadable files) are non-refundable once downloaded. Physical products may be returned in accordance with applicable consumer protection laws. Contact support@biraea.com for physical product returns.

15.5 How to Request a Refund. To request a refund, email billing@biraea.com with your account email and the date of the charge. We will process eligible refund requests within 10 business days. Refunds are issued to the original payment method.

15.6 Statutory Consumer Rights. This refund policy does not limit any statutory rights you may have under applicable consumer protection laws, including the EU Consumer Rights Directive's 14-day withdrawal right for digital content. Where a statutory right gives you more than this policy does, the statutory right applies.

16.1 Respect for Copyright. Biraea respects the intellectual property rights of others and expects our users to do the same. If you believe that content on the Service infringes your copyright, you may submit a notice as described below.

16.2 DMCA Notice. To report copyright infringement, please send a written notice to our designated agent at copyright@biraea.com containing:

• A description of the copyrighted work you claim has been infringed
• A description of where the infringing material is located on the Service (including the URL)
• Your contact information (name, address, telephone number, email address)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
• Your physical or electronic signature

16.3 Counter-Notice. If you believe your content was wrongly removed, you may send a counter-notice to copyright@biraea.com containing the information required under 17 U.S.C. § 512(g).

16.4 Repeat Infringers. In accordance with the DMCA, we will terminate the accounts of users who are determined to be repeat infringers. We define a repeat infringer as a user who has received two or more valid DMCA notices within a 12-month period.

16.5 Designated Agent. Our designated agent for receiving DMCA notices can be reached at copyright@biraea.com.

17.1 Reporting Abuse. If you encounter content on the Service that you believe violates these Terms, applicable law, or is otherwise harmful, you may report it by emailing abuse@biraea.com with a description of the content and its location (URL).

17.2 Investigation. We will review all abuse reports and take appropriate action, which may include removing content, warning users, or terminating accounts. We aim to acknowledge abuse reports within 5 business days and resolve them within 30 days.

17.3 Good Faith Reports. We encourage good faith reporting and will not retaliate against users who report abuse in good faith.

18.1 Informal Resolution. Before filing any formal legal action, you agree to first contact us at legal@biraea.com and attempt to resolve the dispute informally for at least 60 days.

18.2 Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

18.3 Arbitration. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be conducted in English and take place in the State of Washington or remotely, at your option.

18.4 Arbitration Fees. Biraea will pay all arbitration filing fees for claims under $10,000. For claims over $10,000, filing fees shall be allocated in accordance with AAA Consumer Arbitration Rules. Each party bears its own attorney's fees unless the arbitrator awards fees to the prevailing party under applicable law.

18.5 Small Claims Court. Notwithstanding the arbitration agreement above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

18.6 Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to legal@biraea.com within 30 days of creating your account. Your opt-out notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts of Washington.

18.7 Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than arbitration, you waive any right to a jury trial. This waiver does not apply to claims for public injunctive relief under state consumer protection statutes or non-waivable statutory rights or remedies. If the class action waiver in this section is found unenforceable, the parties agree that class claims shall be litigated in court rather than arbitration, but all other provisions of this arbitration agreement remain in effect.

18.8 Batch Arbitration. For 25 or more similar claims, the parties shall select 10 bellwether cases for initial arbitration. Remaining claims are stayed pending resolution of bellwether cases, whose outcomes inform resolution of stayed claims. Bellwether cases shall be selected as follows: 5 cases selected by claimants and 5 by Biraea from the first 50 filed claims. Bellwether arbitrations shall be completed within 180 days of selection. Bellwether outcomes are advisory and provide a framework for resolving remaining claims. The statute of limitations for stayed claims is tolled during the bellwether process. After bellwether resolution, the parties will engage in mediation for 60 days before remaining claims proceed to individual arbitration.

18.9 Exceptions. Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

We may modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and may delete your account through your Account Settings as described in Section 12.

20.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Biraea regarding the Service and supersede all prior agreements and understandings.

20.2 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

20.3 Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

20.4 Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets. If we assign these Terms, we will notify you at least 30 days in advance. If you do not wish to continue under the assignee, you may terminate your account and receive a refund on the same basis as Section 12.2. Any assignment will not increase your obligations or reduce your rights.

20.5 Force Majeure. Biraea shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet service interruptions.

21.1 Notification System. Site owners may send email and SMS notifications to their guests through Biraea's notification system.

21.2 Sender Responsibility. Site owners are responsible for ensuring they have appropriate consent from recipients before sending email notifications. Biraea acts as a communications conduit on behalf of site owners and is not the sender-of-record for email notifications. Text alerts are different: Biraea sends them from its own number, and only to guests who have given Biraea their consent directly (see 21.4).

21.3 CAN-SPAM Compliance. Email notifications sent through the Service comply with CAN-SPAM requirements, including unsubscribe mechanisms and identification of the sender. All notification emails include a functioning unsubscribe link.

21.4 Text Alerts. Biraea Heirloom includes text alerts: a text to a family's guests when labor starts and when the baby is born. Texts go only to US mobile numbers, and only to guests who sign up themselves on the family's site; a site owner cannot sign a guest up or give consent for them. A guest who signs up receives one confirmation text. Message frequency varies, usually a few messages around the birth. Message and data rates may apply. Reply HELP for help or STOP to stop texts at any time; after STOP no more texts are sent, and the guest is sent the news by email if they gave an address. Carriers are not liable for delayed or undelivered messages. For help, write to support@biraea.com.

21.4a Text Allowance. Heirloom includes 100 texts, enough for about 20 recipients through labor and the birth. You can add 100 more texts for $5, as often as you like. Texts never expire. A pack of added texts can be refunded within 14 days of purchase if none of it has been used, and an unused pack is refunded automatically if you retire your site after a loss. When your texts run out, alerts go to your guests by email instead.

21.5 Prohibited Use. Abuse of the notification system — including spam, harassment, misleading content, or sending notifications without appropriate recipient consent — may result in suspension or termination of your account.

22.1 Applicability. The Biraea mobile application has not been released yet. This section applies once it is available, at which point the mobile application is subject to these same Terms of Service.

22.2 Third-Party App Stores. Apple Inc. and Google LLC are not parties to this agreement and have no obligation to maintain, support, or service the application. Any claims relating to the mobile application are between you and Biraea, not with Apple or Google.

22.3 Apple Third-Party Beneficiary. For iOS users: Apple Inc. is a third-party beneficiary of this agreement and may enforce its terms.

22.4 Push Notifications. Push notifications, if enabled, are subject to your device settings. You can disable push notifications at any time through your device's settings.

22.5 Feature Parity. Mobile app features are subject to the same usage limits and restrictions as the web platform. Certain features may only be available on the web platform.

If you have questions about these Terms of Service, please contact us:

Email: legal@biraea.com

Mailing Address:

Attn: Legal Department

Biraea, 522 W Riverside Ave STE N, Spokane, WA 99201