Legal

Terms of Use

Last updated August 13, 2026  ·  These Terms also serve as the End User Licence Agreement (EULA) for the BirthWave app.

Section 1Agreement to these Terms

These Terms of Use (the “Terms”) are a binding agreement between you and Birth Wave LLC (“BirthWave”, “we”, “us”, “our”). They govern your use of the BirthWave mobile application, the BirthWave website at mybirthwave.com, and any related content, audio and services (together, the “Service”).

By creating an account, starting a free trial, purchasing a subscription, or otherwise using the Service, you confirm that you have read and accept these Terms and our Privacy Policy. If you do not accept them, please do not use the Service.

Section 2Who we are

Legal entity

Birth Wave LLC

Email

support@mybirthwave.com

You can direct any question, complaint or claim about the Service to the email address above, and we will respond as described on our Support page.

Section 3Who may use BirthWave

You must be at least 18 years old to create a BirthWave account and to purchase a subscription. By using the Service you confirm that you are 18 or older and have the legal capacity to enter into this agreement.

BirthWave is not designed for, directed at, or intended to be used by children. We do not knowingly collect personal information from anyone under 18. If you believe a minor has created an account, please contact us at support@mybirthwave.com so we can remove it.

Section 4The Service

BirthWave provides a curated library of music and audio tracks organised into emotional categories intended to support you through pregnancy, labour and early motherhood. Some content may be available without payment; access to the full library requires an active paid subscription.

The Service is provided for personal, non-commercial listening only.

Section 5Your account

You need an account to use BirthWave. You agree to provide accurate information when you register and to keep it up to date. You are responsible for keeping your login credentials confidential and for all activity that happens under your account.

Please tell us promptly at support@mybirthwave.com if you believe someone has accessed your account without your permission. You may not share, sell, transfer or licence your account to anyone else.

Section 6Subscriptions, free trial and automatic renewal

BirthWave is sold as an auto-renewing subscription purchased through the Apple App Store or Google Play. We never receive or store your card details; Apple and Google handle all payment processing.

Section 7Restoring purchases

If you reinstall the app or move to a new device, you can use “Restore Purchases” in the app to reactivate an active subscription. Restoring depends on your Apple or Google purchase history, so you need to use the same Apple ID or Google account you originally bought with.

Section 8Cancelling your subscription

You cancel through the store you bought from, not through BirthWave. On iOS, open Settings, tap your name, then Subscriptions. On Android, open the Google Play app, tap your profile icon, then Payments & subscriptions.

Section 9Refunds

Because Apple and Google process all payments, they also handle refunds under their own policies. We cannot issue refunds directly. To request one, contact Apple Support or Google Play Support.

If you are a consumer in the European Union or the United Kingdom, you normally have a 14-day right to withdraw from a purchase of digital content. By starting your subscription and gaining immediate access to the library, you ask us to begin supplying the content straight away and acknowledge that you lose that right of withdrawal once supply has begun. This does not affect any statutory rights you have that cannot be waived.

Section 10Price and plan changes

We may change subscription prices or the plans we offer. If a change affects your existing subscription, you will be notified in advance by Apple or Google in line with their rules, and you will have the chance to cancel before the new price takes effect. Continuing your subscription after a price change takes effect means you accept the new price.

Section 11Your licence to use BirthWave

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to install and use the BirthWave app on devices you own or control, and to stream the content available to your subscription tier, for your own personal, non-commercial use.

This licence does not transfer any ownership. All rights not expressly granted are reserved.

Section 12Acceptable use

You agree not to:

• copy, download, record, rip, capture, redistribute, broadcast, publicly perform, or make available any BirthWave content, except where the app itself provides that feature;
• use BirthWave content in a commercial setting, in a class, in a video, podcast, livestream or other production, or as background music for a business, without our written permission;
• circumvent, disable or interfere with any security, access control or digital rights management feature;
• reverse engineer, decompile or disassemble the app, except to the extent that applicable law expressly permits it;
• use bots, scrapers or automated means to access the Service, or attempt to gain unauthorised access to any part of it;
• share your account credentials or let anyone else use your subscription;
• use the Service unlawfully, or in a way that damages, disables or overburdens it.

Section 13Our content and intellectual property

All music, recordings, spoken audio, artwork, imagery, text, design, trade marks and software forming part of the Service are owned by BirthWave or its licensors and are protected by copyright, trade mark and other laws. The BirthWave name and logo are our marks and may not be used without permission.

The library changes over time. Tracks may be added, edited or removed, including where a licence with a rights holder ends. We do not guarantee that any particular track or category will remain available for the duration of your subscription.

Section 14Copyright complaints

If you believe material on the Service infringes your copyright, please send a notice to support@mybirthwave.com with the subject line “Copyright notice”, including: identification of the work you say is infringed; identification of the material on the Service and where to find it; your contact details; a statement that you believe in good faith the use is not authorised by the rights holder or the law; a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorised to act for the rights holder; and your physical or electronic signature. We will investigate and remove or disable material where appropriate.

Section 15Health, wellness and safety

BirthWave is not medical advice. It provides music and audio for wellness and emotional support. It does not diagnose, treat, cure or prevent any condition, and it is not a substitute for care from your doctor, midwife, nurse or other qualified healthcare provider.

We make no claim that using BirthWave will affect the length, difficulty, pain level or outcome of your labour, or any aspect of your physical or mental health. Always consult a qualified healthcare provider about decisions relating to pregnancy, labour, birth and the postpartum period, and never disregard or delay professional medical advice because of something you heard in the app.

You use the Service at your own discretion and risk, and you are responsible for deciding whether it is appropriate for you.

Section 16Deleting your account

You can delete your account at any time from within the app, or by following the steps on our Account deletion page. Deletion is permanent and removes your profile, favourites and associated personal data as described in our Privacy Policy. We cannot recover a deleted account.

As explained in Section 8, deleting your account does not cancel your Apple or Google subscription. Cancel that separately first.

Section 17Suspension and termination by us

We may suspend or terminate your account or your access to the Service, with notice where reasonably practicable, if you breach these Terms, if we suspect fraud, chargeback abuse or unauthorised sharing of content or credentials, if required by law, or if we discontinue the Service. Where we terminate without cause and you have paid for a period you can no longer use, you may seek a pro-rata refund from Apple or Google under their policies.

Sections that by their nature should survive termination — including Sections 13, 15, 19, 20, 21, 25 and 26 — continue to apply after your account ends.

Section 18Changes to the Service

We may add, change, suspend or remove features, content or categories at any time, and may set limits on use, in order to improve the Service or for legal, technical or commercial reasons. We will not make changes that materially reduce the core functionality you have paid for during a paid period without offering you a way to cancel.

Section 19Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that defects will be corrected, that any particular content will remain available, or that the Service will meet your requirements or produce any particular result.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

Section 20Limitation of liability

To the fullest extent permitted by law, BirthWave and its owners, officers, employees, contractors, licensors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or anticipated savings, arising out of or relating to your use of or inability to use the Service, whether based in contract, tort, negligence, strict liability or any other theory, and whether or not we were advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amount you paid us or through the app stores for the Service in the twelve months immediately before the event giving rise to the claim, or (b) fifty US dollars ($50).

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited by law. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

Section 21Indemnification

You agree to indemnify and hold harmless BirthWave and its owners, officers, employees and contractors from any claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of your misuse of the Service, your breach of these Terms, your violation of any law, or your infringement of anyone else's rights.

Section 22Third-party services

The Service relies on third parties — including Apple, Google and the infrastructure providers listed in our Privacy Policy. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. You agree to comply with any applicable third-party terms when using BirthWave.

Section 23Additional terms for the Apple App Store

These terms apply if you obtained the BirthWave app from the Apple App Store. Where they conflict with anything else in these Terms, these terms apply to that conflict.

1. Acknowledgement. You and we acknowledge that these Terms are between you and BirthWave only, and not with Apple Inc. (“Apple”). BirthWave, not Apple, is solely responsible for the app and its content.
2. Scope of licence. The licence granted to you in Section 11 is limited to a non-transferable licence to use the app on any Apple-branded products that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
3. Maintenance and support. BirthWave is solely responsible for providing any maintenance and support services for the app. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the app.
4. Warranty. BirthWave is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be BirthWave's sole responsibility.
5. Product claims. BirthWave, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of the app, including: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the app's use of the HealthKit and HomeKit frameworks if applicable.
6. Intellectual property rights. In the event of any third-party claim that the app or your possession and use of the app infringes that third party's intellectual property rights, BirthWave, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
7. Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer name and address. Questions, complaints or claims about the app should be directed to Birth Wave LLC at support@mybirthwave.com.
9. Third-party terms of agreement. You must comply with applicable third-party terms of agreement when using the app.
10. Third-party beneficiary. You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Section 24Additional terms for Google Play

If you obtained the BirthWave app from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the app or its content. Purchases, renewals, cancellations and refunds are handled by Google under its own policies.

Section 25Governing law

These Terms and any dispute arising out of them are governed by the laws of the State of New York, United States, without regard to its conflict of laws rules. Subject to Section 26, you and we agree to the exclusive jurisdiction of the state and federal courts located in Orange County, New York.

If you are a consumer resident in the European Union or the United Kingdom, nothing in this section deprives you of the protection of the mandatory laws of your country of residence, or of your right to bring proceedings in your local courts.

Section 26Resolving disputes

If you have a problem, please contact us first at support@mybirthwave.com. Most issues can be resolved quickly and informally. You agree to give us 30 days from the date we receive your written notice to try to resolve a dispute before starting formal proceedings.

Section 27Changes to these Terms

We may update these Terms as the Service develops or the law changes. When we do, we will update the “Last updated” date at the top of this page. If a change is material, we will give you reasonable notice in the app or by email before it takes effect. Continuing to use the Service after a change takes effect means you accept the revised Terms. If you do not accept them, stop using the Service, cancel your subscription through Apple or Google, and delete your account.

Section 28General

Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and us about the Service and replace any earlier agreements on the subject.

Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions stay in force.

No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, war, civil unrest, labour disputes, network or hosting failures, and acts of government.

Notices. We may give you notice by email to the address on your account or by a message in the app. You may give us notice at support@mybirthwave.com.

Third parties. Except for Apple as described in Section 23, these Terms do not give rights to anyone who is not a party to them.

Section 29Contact us

Questions about these Terms? Email support@mybirthwave.com, or contact Birth Wave LLC at support@mybirthwave.com.