If you have concerns about any medical condition, symptoms, diagnosis, or treatment, please make an appointment with your licensed health care provider or dial 911 for emergency services.

1. EM, LLC, DBA Honey Postpartum's Hive App & Website Terms and Conditions of Use.

Welcome to Honey Postpartum's Hive App at https://www.honeypostpartum.app/ ("App") and Website at https://honeypostpartum.com/ ("Website").

Although the App & Website provides resources and access to information from individuals licensed to render professional services, the content and information on this App & Website does not constitute any licensed services or health care advice—it is for educational purposes only.

By using our App & Website, you demonstrate your agreement to be bound by this App's and Website's Terms and Conditions of Use ("Terms & Conditions") and our App's and Website's Privacy Policy ("Privacy Policy").

EM LLC, doing business as Honey Postpartum, a District of Columbia limited liability company ("Honey Postpartum"), owns and manages the App & Website. You may only use the App & Website if you can form a binding contract with us, and only if you comply with these Terms & Conditions and all applicable local, state, national, and international laws, rules, and regulations.

We may alter these Terms & Conditions without notice, and your continued use of the App & Website signifies that you agree to be bound by any future changes. You are encouraged to review these Terms & Conditions at regular intervals to monitor for updates. If you disagree, you should not use our App & Website.

Please read these Terms & Conditions carefully.

2. Your access to our App & Website is governed by these Terms & Conditions.

These Terms & Conditions govern your access to and use of our App & Website and any content provided to you on, from, or through our App & Website, our software, and any applications created by Honey Postpartum, whether through a social networking site or our subsidiaries or affiliated companies. This content is collectively encompassed by references to the App & Website throughout these Terms & Conditions.

3. Services and Features Accessible through the App & Website.

The App & Website contains information for individuals seeking guidance as they navigate the postpartum world, which includes detailed information relating to Honey Postpartum's many services, membership plans, and wide array of educational tools on many postpartum topics, as well as features facilitating the coordination of other services. Honey Postpartum exists to provide coaching services to aid individuals in infant care, physical recovery, mental wellbeing, and social wellness by offering education tools and guidance and respecting each individual's journey throughout this process. Using such services and features on our App & Website is an acknowledgment of your consent to abide by the App's and Website's Terms & Conditions.

4. Our information collection, use, and disclosure.

Our App & Website offers educational and informational resources. By using the App or Website, you agree to allow Honey Postpartum to collect, use, and disclose your information, such as your name, email, phone number, address, date of birth, and other electronic data, under the terms provided in the Privacy Policy.

5. Our App & Website does not constitute the formation of a provider-patient relationship and does not provide licensed professional healthcare services.

Our App's and Website's content is provided only for informational and educational purposes. The App's and Website's Content is defined as: text, images, videos, and blogs; content displayed on Honey Postpartum's social media; information obtained from Honey Postpartum's licensors or third parties; logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections, and other materials you may view on, access through, or contribute to our App & Website (collectively referenced as the "Content" throughout).

Honey Postpartum's conduct on the App & Website does not constitute the practice of medicine or of any other licensed service. The App & Website is offered only for educational purposes, based upon our proficiency in, knowledge of, and experience with the topics provided. The Content of the App & Website does not constitute professional advice and is not intended to be a substitute for professional health care services, diagnosis, or treatment.

If you have concerns about any medical condition, symptom, diagnosis, or treatment, please make an appointment with your licensed health care provider. In an emergency, call 911. Honey Postpartum's App & Website should not be utilized to replace current or future medical advice, diagnosis, or treatment.

You acknowledge that visiting Honey Postpartum's App & Website does not create a provider-patient relationship between you and Honey Postpartum or any of our providers. Your visit to our App & Website does not create any duty for us to follow up with you about any medical condition, symptom, diagnosis, or treatment. You acknowledge that you will consult your health care provider before considering any of Honey Postpartum's services.

6. Do not share protected health information via our App & Website.

We take the privacy and confidentiality of our visitors seriously. Please do not share your protected health information ("PHI") on our App or Website. Please also read our Privacy Policy.

At this time, because we do not store or transmit PHI through our App & Website, our activities as they relate to our App & Website and its Content do not comply with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").

This means: Unless expressly directed to do so and through a secure HIPAA portal, do not use this our App or Website to provide, transmit, store, or disclose any health information that constitutes PHI. Honey Postpartum accepts no affirmative duty to monitor whether you provide, transmit, store, or disclose PHI while using or App, Website or their Content. If you violate these Terms & Conditions and share PHI through our App and Website regardless, or if we become aware that you are using, providing, transmitting, storing, or disclosing PHI, we may revoke your access to the App & Website.

Remember that once you share information online, it may be impossible to make that information private again. If you use, provide, transmit, store, or disclose PHI through our App & Website, you agree to indemnify Honey Postpartum against any damages, losses, liabilities, judgments, costs, or expenses, including reasonable attorney fees and costs, that arise from your use, provision, transmission, storage, or disclosure of PHI.

You are strongly urged not to share PHI through our App & Website or on our social media unless you do so through the specifically designated HIPAA-compliant and encrypted client portal which can be accessed through a third-party platform linked to our App or Website.

7. Your permitted uses of our App & Website Content.

Unless otherwise expressly stated, Honey Postpartum (or its licensors) owns the entirety of the Content on our App & Website. The Content is protected by United States, state, and worldwide copyright laws and treaty provisions.

A. Our grant of limited personal license to you.

Honey Postpartum hereby grants you a limited, personal, nonexclusive, and nontransferable license to use and display the Content so long as you comply with these Terms & Conditions and you do not modify, delete, or change any copyright, trademark, or other proprietary notice. Your conduct related to Honey Postpartum's Content is subject to our Terms & Conditions and our Privacy Policy.

Except as provided above, you may not: copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Content, including any trademarks, names, logos, or intellectual property, and you may not redeliver or present any of the pages, text, images, or the Content using "framing" technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory.

Honey Postpartum reserves all rights not expressly granted.

8. Rules governing your conduct while visiting our App & Website.

Honey Postpartum has the right, but not the obligation, to monitor all conduct on our App & Website. You expressly agree that you will not: deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service.

You will not use our App, Website or their Content: for any unlawful purpose; to solicit others to perform or participate in unlawful acts; for any obscene purpose; to violate any regulations, rules, laws, or ordinances; to submit false or misleading information; to upload or transmit any viruses or any other type of malicious code that will be used in a way that will affect the functionality or operation of our App & Website; or to collect or track the personal information of others. We reserve the right to terminate your use of our App & Website for engaging in such conduct.

9. Our App & Website does not collect information about minors.

If we determine that a visitor is under the age of 18, we do not collect personally identifiable information about them. If we inadvertently or accidentally encounter personally identifiable information about a child under the age of 18, we will not knowingly disclose that information to any third party.

10. Disclaimer of liability and statement of no warranty.

THE INFORMATION ON OUR APP IS PROVIDED on an "AS IS" basis. Honey Postpartum MAKEs NO REPRESENTATIONS, and NO EXPRESS OR IMPLIED WARRANTIES, CONCERNING THE CONTENT or OTHERWISE REGARDING OUR app and website OR ANY APP LINKED THROUGH our app and website.

TO THE FULLEST EXTENT PERMITTED by LAW, Honey Postpartum DISCLAIMS ALL express or implied WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Honey Postpartum does not warrant THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF OUR APP & WEBSITE OR the CONTENT OF ANY app linked through our app and website.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Honey Postpartum, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, WEBSITE ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP & WEBSITE OR SUCH OTHER WEBSITES, INCLUDING AND DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE APP OR ANY OF ITS SERVICES, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE APP OR ANY OF ITS SERVICES, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

By using our App & Website, you demonstrate that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of the information provided on our App & Website, and we reserve the right to correct any errors or inaccuracies at any time without prior notice. Honey Postpartum is not responsible for any errors or omissions in the information provided.

A. We are not responsible for any App or Website visitors' damages.

By using our App & Website, you agree that Honey Postpartum is not responsible to you or others for any loss or damage that results from your use (or non-use) of our App & Website or any linked third party's website. These potential losses or damages include, but are not limited to direct, indirect, special, consequential, compensatory, or incidental damage; lost profits or data; damage to your computer resulting from viruses; loss of or damage to other property; claims of third parties; or penalties resulting from copying or displaying our App & Website.

Honey Postpartum is not responsible for these consequences, regardless of whether we have been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Honey Postpartum is to stop using our App & Website. Without limiting the preceding paragraphs, you expressly release Honey Postpartum from any responsibility and liability relating to your use of our App & Website, linked websites, or information contained in our App, Website or linked websites.

11. Information that you provide via our App & Website.

A.  Our right to monitor activity on our App & Website.

We have the right, but not the duty, to monitor your use of our App & Website, including any information you provide through it. You are responsible for the information that you send, submit, or provide through our App & Website. You agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invasive of another's privacy, or violative of any law or confidentiality agreement.

We may or may not affirmatively monitor the information provided through our App & Website, but if such information is brought to our attention, we may edit, delete, modify, or ban the information, and take legal action against you.

B. Your consent to electronic communications.

If you provide Honey Postpartum with your email address, you consent to receive unencrypted and unsecured email communications from us. You agree that any notices, agreements, disclosures, or other communications that we send you via email satisfy any legal communication requirements.

Any information you provide to Honey Postpartum or by email may be misdirected or intercepted by unintended recipients. Therefore, email may not be a confidential means of communication. Please do not transmit any sensitive or confidential information to us via email if you have confidentiality concerns.

12. Links to third-party Websites.

Our App & Website may provide links to third-party websites. By clicking on these links, you agree that we cannot control the information presented on such third-party websites and are thus not responsible if you choose to follow those links. Although we may use third-party websites to provide our services, such websites are not maintained by, nor are they related to, Honey Postpartum.

By clicking on such links, you agree that we are not responsible for their content, regardless of whether your access is provided by Honey Postpartum or by another third party. We do not guarantee the accuracy, timeliness, or suitability of the content of any third-party website.

Any links that we provide to third-party websites should not be construed as endorsements of the products, services, or sponsoring organization of that linked website. Your sole and exclusive remedy for claims arising from any such third-party products or services is against that third party. Honey Postpartum is not responsible for these claims.

A. Third-party websites may link to our App & Website.

Honey Postpartum hereby grants third-party websites the limited right to link to our App & Website. This limited license does not permit third-party websites to use "framing" technology to capture Honey Postpartum's Content, and it does not permit any activity that could create a misimpression or confusion among users concerning sponsorship or affiliation. If your website provides a link to our App or Website, please notify Honey Postpartum within 72 hours of placing such link. You agree to remove the link and any reference to Honey Postpartum if we make such a request, and you agree to comply with such requests within 24 hours.

13. Do not submit ideas, suggestions, or other Creative Material.

Do not send us any ideas, suggestions, materials, concepts, or other information (collectively "Creative Material"), unless we ask you to do so. If you violate these Terms & Conditions, any Creative Material you send to us will become Honey Postpartum's property. This means that we will have unrestricted use of the Creative Material for our personal and commercial purposes. Regardless of how we use that Creative Material, you will not be compensated, and we will not be liable to you or to any other person involved with developing the Creative Material.

If you send Creative Material to Honey Postpartum, you agree: that you waive your rights to the Creative Material; that the Creative Material is original to you; that you have the right to submit the Creative Material to us; and that you have no recourse against Honey Postpartum for any alleged or actual infringement or misappropriation of any proprietary right in any Creative Material. We are not obligated to maintain the confidence of any Creative Material. Honey Postpartum further disclaims any liability that may result from its disclosure of any Creative Material submitted in violation of its policy.

You further agree not to: send us any Creative Material that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information; send us an unreasonably large amount of Creative Material that overloads or burdens our servers, or otherwise interferes with or inhibits any other user from using or enjoying our App or Website; send us any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications; access, use, or copy any portion of the Content using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and impersonate another person or allow any other person or entity to use your identity while interacting on Honey Postpartum's social media, as defined in its Privacy Policy.

14. Your agreement to indemnify Honey Postpartum.

You agree to indemnify Honey Postpartum against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third party's claims related to your use of our App or Website.

15. Our operation of our App or Website.

We make all reasonable efforts to keep our App & Website operational and available. These efforts are subject to scheduled maintenance, unscheduled maintenance, and systems outages. We do not provide any assurance or warranty that: access will always be available; service will be uninterrupted; its operation will be error-free; any defects will be corrected; or that our App's and Website's servers are free from viruses or other harmful components. You agree to assume the entire cost of servicing, repairing, or correcting your property might be necessitated by your use.

16. Online Privacy and Communications.

A. Compliance with online communications privacy laws.

We strive to comply with all applicable laws concerning online communications privacy. However, your use of our App & Website signifies your acknowledgment that the internet is neither more nor less secure than other communications media, including mail, fax, and telephone services, all of which can be intercepted or otherwise compromised.

We encourage you to assume that all internet communications may be non-secure and exercise caution when sharing information about your health.

To learn more about how we maintain the privacy and security of our App's and Website's visitors, please read the Privacy Policy.

17. Our proprietary rights to our App & Website.

A. Copyright and trademark protections.

Our App's and Website's Content is protected by applicable copyrights, trademarks, service marks, patents, or other proprietary rights and laws. By using the App & Website, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Your use of the Content for any purpose that is not expressly permitted by these Terms & Conditions is prohibited.

B. No reproduction of our App's or Website's Content.

Reproduction, replication, or redistribution of any of the Content for commercial purposes is prohibited.

C.  Alternative remedy for a violation against the Conditions of Use.

In the event Honey Postpartum discovers or is otherwise notified that this App's or Website's Content is used in violation of the terms of the Conditions of Use, Honey Postpartum, in lieu of or in addition to pursuing other legal remedies afforded by law, may offer the violating party a licensing agreement whereby the violating party may use the App's and Website's Content consistent with the terms of these Conditions of Use and the licensing agreement. The terms of the licensing agreement will be at Honey Postpartum's sole discretion and shall contain a minimum licensing fee of $1200 per license issued for the use of the App's and Website's Content, which should be paid out within 6 months of notice.

18. Disclaimer for visitors' health or injuries.

A. Waiver of claims against Honey Postpartum.

You understand that Honey Postpartum is not responsible for any injuries that you sustain through its Content. You expressly waive any claim for any injury at any time against Honey Postpartum or any person or entity involved with Honey Postpartum, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.

B. No warranty or guarantee of outcome.

Honey Postpartum works to provide accurate information on our App & Website. However, we may elect to include testimonials and examples on this App from persons whose individual guidance concerns are distinct from yours. These are not guarantees that you will achieve comparable results by undertaking a comparable program or receiving a similar coaching methodology. Your results will depend upon your background, effort, mental state, health history, the advice of your healthcare providers, and many other factors beyond the scope contemplated by our App & Website.

Honey Postpartum DOES NOT guarantee or warrant that you will have any specific result.

19. Intellectual property infringement.

Honey Postpartum respects intellectual property rights. If you believe that information on our App & Website constitutes a copyright or trademark infringement, please provide us with the following information: (1) the claimed infringement; (2) reasonably sufficient information to allow us to locate the claimed infringement on the Website; (3) the owner or complaining party's contact information, including name, address, and email address; (4) the owner's signature; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury, that the information is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Under a valid DMCA takedown notice, Honey Postpartum will notify you if we have removed copyright-protected material.

Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

20. No assignment of Terms & Conditions.

Honey Postpartum may assign or transfer these Terms & Conditions or licenses without notice. However, they are not transferable by you to others.

21. Enforcement of Terms & Conditions.

A. Conflicts governed by District of Columbia law.

Any adversarial proceedings which arise out of these Terms & Conditions will be governed by the laws of the District of Columbia without giving effect to its principles of conflicts of law. If an App or Website visitor takes legal action against us relating to these Terms & Conditions, our Privacy Policy, or that visitor's interactions with or relationship to Honey Postpartum, that visitor agrees to file such action only in the state and federal courts located in the District of Columbia.

B. Treatment of unenforceable provisions.

By using our App & Website, you agree that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded. You agree that, if an unenforceable provision is modified or disregarded under this paragraph, then the rest of these Terms & Conditions will remain in effect as written. And you agree that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

C. Validity of waivers of these Terms & Conditions.

Any waiver of these Terms & Conditions or our Privacy Policy is valid only if it is in writing and signed by the principal of Honey Postpartum. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.

D. Entirety of the agreement between visitors and Honey Postpartum.

These Terms & Conditions and our Privacy Policy constitute the entire agreement between you and Honey Postpartum relating to the App & Website. However, they do not create any relationship between you and Honey Postpartum beyond what is contemplated in these policies.

E. Amendments & modifications to these Terms & Conditions.

Honey Postpartum may amend or update the App, Website or these Terms & Conditions, or its Privacy Policy at any time without prior notice. If you use the App or Website after any changes, you demonstrate your agreement to be bound by the changes.

22. Affiliate disclaimer.

Under the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, we reserve the right to provide links on our App & Website that may be affiliated links. This means that Honey Postpartum may be paid if you purchase products or services through affiliates' links.

If at all, Honey Postpartum only provides affiliated links for products or services that it believes will add value to its visitors.

23. Your agreement and acknowledgment.

By your continued use of Honey Postpartum's App & Website, you understand and acknowledge that you have read the Terms & Conditions, and you agree to be bound by them.

Updated November 6, 2024