FetusPlus USA Agency Terms and Written-Basis Attestation

Document ID: FP-US-AGENCY-TERMS
Version: 1.0 (W1-PUBLIC-2026-10-20.v1.0)
Effective date: October 20, 2026
Supersedes: staging candidate W1-STAGING-2026-08-24.v0.1 (never effective)
Status: EFFECTIVE

These Agency Terms apply in addition to the USA Terms, Privacy Notice and Consumer Health Data Privacy Notice.

1. Who is bound

These Terms bind the Agency organization and every person using FetusPlus on its behalf. The person accepting them represents that they have authority to bind the Agency.

The Agency is an independent third party. It is not an employee, partner, legal representative, medical provider or agent of FetusPlus. FetusPlus does not become the Agency's agent.

2. Accurate application and account security

The Agency must provide accurate, current, non-misleading business, representative and profile information; keep it updated; authorize only appropriate staff; use individual accounts where required; protect credentials and MFA; and promptly report suspected compromise or unauthorized use.

FetusPlus may request clarification, re-review or updated proof.

3. Platform review is not endorsement

FetusPlus may review business proof, public profile content and authorized-representative information to decide platform access.

A review, published profile or “business documents reviewed” indicator does not mean:

• government or professional licensing approval;
• legal or regulatory compliance verification;
• background, financial or insurance verification;
• endorsement or recommendation;
• guarantee of quality, authority, outcome or continued access.

The Agency remains responsible for its own compliance and professional advice.

4. Public profile and communications

Approved Agency profile fields may be publicly visible, including to signed-out visitors and search engines. The Agency must have the right to publish all submitted public content.

FetusPlus Care is the official support route. Personal messaging accounts of FetusPlus staff are not official channels unless FetusPlus expressly designates them.

5. Discovery is not representation

Catalog browsing, Send agency interest, Request information and ordinary communications do not create representation, exclusivity, agency_curated status or a contract between the Agency and an intended parent.

A formal Agency Connection Invite may be sent only from the dedicated Agency Workspace flow.

6. Mandatory written-basis attestation before a formal Invite

Before sending a formal Agency Connection Invite, the Agency must make the following versioned affirmative attestation:

“I confirm that the Agency currently has either (a) an executed service or representation agreement with this intended parent, or (b) an executed written authorization from this intended parent allowing the Agency to represent them and communicate with FetusPlus for this purpose. I am authorized to make this confirmation for the Agency. I understand that FetusPlus does not determine the legal validity, enforceability or sufficiency of that document.”

The event must record the Agency, acting user, intended parent, attestation version, document hash, time and purpose.

7. No routine upload or legal validation

FetusPlus does not routinely require the Agency to upload the agreement or authorization at this stage. FetusPlus may request evidence only under an accepted fraud, safety, dispute, re-review or compliance rule and through an approved secure route.

FetusPlus does not provide legal advice and does not decide whether an Agency agreement or authorization is legally valid, enforceable or sufficient. The Agency must obtain its own advice.

8. Effect of sending or accepting an Invite

• Sending an Invite does not create an active platform Agency relationship.
• IP acceptance creates pending_agency_connection, not automatic agency_curated.
• agency_curated requires all accepted questionnaire, consent, Agency-status, capacity and Direct-context gates.
• No Invite action automatically reveals stored contacts.
• No Invite action creates S9a/S9b billing, a full Case Room or a legal/medical relationship.
• An intended parent may decline and is not punished for doing so.

9. Data, confidentiality and consumer health information

The Agency may access only the data FetusPlus makes available for the exact intended parent, gestational carrier, purpose and lifecycle state.

The Agency must:

• use data only for the authorized service purpose;
• keep it confidential and apply reasonable security;
• not scrape, export, sell, republish or use it for unrelated marketing;
• not reveal stored IP/GC contact information;
• not upload or share another person's data or documents without authority;
• honor withdrawal, deletion and corrected-data instructions communicated by FetusPlus;
• promptly report unauthorized access, inaccurate authority or misuse.

Consumer health data remains subject to the applicable collection/sharing consent and the Consumer Health Data Privacy Notice.

10. Professional, regulatory and financial responsibility

The Agency is solely responsible for laws, licensing, registration, advertising, professional conduct, insurance, contracts and state-specific requirements applicable to its services.

The Agency must not state or imply that FetusPlus has approved its legal compliance or professional quality.

FetusPlus does not hold client funds, operate an escrow account or supervise the Agency's fees. The Agency must not direct client funds through FetusPlus or describe FetusPlus as an escrow, legal or financial provider.

The Agency must not provide unlicensed legal or medical advice through the platform.

11. Conduct

The Agency must not:

• submit false or altered documents;
• impersonate a person or misstate authority;
• harass, pressure, discriminate unlawfully or retaliate;
• circumvent Contact Exchange or safety controls;
• use personal data to recruit or market outside the authorized purpose;
• interfere with reports, reviews, evidence or platform controls;
• send spam, bulk Invites or use unauthorized automation;
• use FetusPlus for unlawful conduct.

12. Fetus AI and Safety Guardian

Where enabled, Fetus AI is an automated assistant and is not professional advice. The Agency must independently verify important information.

Safety Guardian may check message attempts under disclosed rules. A timeout is not wrongdoing. Message-level controls do not create a final legal or factual finding. Formal Agency suspension or termination remains human-controlled.

13. Freeze, suspension, re-review and termination

FetusPlus may require more information, hide a listing, freeze market actions, require re-review, suspend or terminate access under accepted rules. A temporary freeze is not the same as formal suspension.

Formal suspension and termination require the accepted human authority. History and evidence are preserved; no suspension silently reveals contacts or converts relationship states.

FetusPlus Care remains available where safe and practicable.

14. Early Access and fees

Agency use is free during the current pre-MVP Early Access. FetusPlus may introduce future pricing only through a separate accepted product and legal process with advance notice and acceptance.

Agency fees and outside professional costs are independent of FetusPlus.

15. Agency content license

The Agency retains rights in its submitted content and grants FetusPlus the limited license needed to review, host, moderate and display it according to the selected visibility and these Terms.

The Agency represents that it has all rights and permissions required for the content and people depicted.

16. Disclaimer and liability

The general USA Terms' disclaimers and liability limits apply. FetusPlus does not guarantee leads, clients, matches, response rates, Agency qualification, legal enforceability or outcomes.

To the extent permitted by law, the Agency is responsible for claims and losses caused by its false representations, unlawful services, unauthorized data use, infringement, fraud, deliberate misconduct or violation of these Terms. This does not cover FetusPlus's own misconduct.

17. Governing law and disputes

The governing-law and dispute provisions in the USA Terms apply. No mandatory arbitration is created by these Agency Terms.

18. Versions and acceptance

A material change requires notice and re-acceptance before the next affected Agency action. FetusPlus records the accepted version, locale, content hash, acting user, Agency and time.

The English and Spanish versions are intended to be equivalent. The English version controls only to the extent permitted by law if an unresolved discrepancy remains.

19. Contact

Use FetusPlus Care for Agency support. Use privacy.fetusplus@gmail.com for privacy, consumer health data or security-incident matters. Use legal.fetusplus@gmail.com for contractual or legal notices.