FetusPlus USA Terms of Use

Document ID: FP-US-TERMS
Version: 1.0 (W1-PUBLIC-2026-10-20.v1.0)
Effective date: October 20, 2026
Supersedes: staging candidate W1-STAGING-2026-10-20.v0.2 (never effective)
Status: EFFECTIVE

These Terms are written for the FetusPlus pre-MVP US Early Access service. Read them together with the Privacy Notice and the Consumer Health Data Privacy Notice. Agency organizations and their staff must also accept the Agency Terms.

1. Operator and agreement

FetusPlus is operated for the current pre-MVP US stage by “FETUSPLUS” Limited Liability Partnership, a legal entity registered in the Republic of Kazakhstan, Business Identification Number (BIN) 230740013261 (“FetusPlus,” “we,” “us”).

By creating an account, accepting these Terms when they are presented, or using the service after acceptance, you agree to the version shown to you. FetusPlus records the document ID, version, language, content hash, presentation time and acceptance time. If you do not agree, do not create or continue using an account.

The service may also present separate, specific choices or consents. Accepting these Terms does not replace a separate consent to collect or share consumer health data.

2. Who may use FetusPlus

You must be at least 18 years old, legally able to enter into these Terms and authorized to control the account you use. Role-specific requirements may be stricter. For example, a person who seeks to participate as a gestational carrier must meet the age, eligibility and publication requirements shown in the product.

You must provide accurate, current information and promptly correct material inaccuracies. You may not create an account for another person unless an accepted product flow expressly allows it and you have authority to act.

FetusPlus is not an emergency service. Do not use it to seek emergency medical, safety or law-enforcement help.

3. What FetusPlus is — and is not

FetusPlus is a technology marketplace and workflow platform for intended parents (“IPs”), gestational carriers (“GCs”) and independent third-party Agencies. It may provide profiles, limited public previews, discovery, interest signals, protected communications and defined matching milestones.

FetusPlus is not a clinic, physician, psychologist, law firm, legal representative, insurer, escrow provider, background-check provider or professional surrogacy Agency. FetusPlus does not provide medical, legal, tax, insurance or regulatory advice; determine whether an arrangement is lawful or enforceable; establish parentage; authorize treatment; hold client funds; guarantee eligibility; or guarantee a match or outcome.

State availability shown in the product describes service availability, not legal advice.

4. Early Access scope

The current pre-MVP service is free to join and use. FetusPlus does not currently charge platform fees, activate S9a/S9b billing or provide a full Case Room. Outside legal, medical, clinic, Agency, insurance, escrow and other professional costs are separate.

Features may be limited or unavailable because of role eligibility, supported-state settings, moderation, safety controls, capacity, rate limits, feature flags, technical incidents or temporary protective pauses. Early Access features may change, but FetusPlus will not retroactively impose a fee without advance notice and acceptance where required.

5. Profiles, previews and verification boundaries

Profile and questionnaire information is primarily self-reported. FetusPlus may review or moderate content and may request correction, restrict publication or remove content, but it does not independently verify every statement.

Signed-out visitors may see only limited safe-preview fields. Full profiles, personal photos, sensitive preferences, messages, contact details and next-step actions remain subject to role, access, relationship and consent gates.

A display name may be an approved alias rather than a legal name. A verification badge, where shown, means only the specific verification stated in the interface. It is not a legal, medical, background, licensing, financial, compatibility or outcome guarantee.

6. Matching and relationship states

An Interest is an initial platform signal. Mutual Interest, an Agency relationship, Hold, Match Meeting, Match Request and confirmed Match exist only when the applicable platform conditions are satisfied.

No platform state by itself:

• creates a gestational-carrier agreement;
• creates legal representation or exclusivity;
• establishes parentage;
• proves medical clearance or legal eligibility;
• authorizes treatment or embryo transfer;
• guarantees that another participant will continue;
• creates billing or a full Case Room.

Users are responsible for obtaining their own qualified medical and legal advice before making professional or contractual decisions.

7. Agencies

Agencies are independent third parties. Agency review for platform access, a public Agency profile or a “business documents reviewed” indicator is not an endorsement, license or guarantee.

A formal Agency Connection Invite may be sent only through the dedicated Workspace flow and only after the Agency makes the written-basis attestation required by the Agency Terms. Sending or accepting an Invite does not automatically create agency_curated status, reveal contacts, create billing or create a legal relationship with FetusPlus.

8. Communications, meetings and Contact Exchange

FetusPlus does not automatically reveal stored phone numbers, email addresses or private messaging handles to matching participants. Where Contact Exchange is available, it is controlled by the applicable milestone, request, consent, role and safety rules.

You may share only contact information you are authorized to share. You may not pressure another person to share contacts or use meeting links, coded text, images or other methods to bypass platform consent or safety controls.

A chat, meeting link or Match Meeting does not itself authorize Contact Exchange or create a legal relationship.

Text messaging is governed by our Mobile Messaging Terms at fetusplus.com/sms-terms. FetusPlus sends text messages (SMS) with account alerts and reminders only to users who have separately opted in. Consent to text messages is not a condition of using FetusPlus, and you may opt out at any time by replying STOP or in your Profile Settings.

9. FetusPlus Care, Fetus AI and Safety Guardian

FetusPlus Care is the official in-product help and human-support route. It is not an emergency service and does not provide professional advice.

Fetus AI, where enabled, is an automated private assistant, not a human and not a participant in human chats. It may be wrong. Its model context is limited to the context allowed for the request or session. It does not automatically read all human chats, make medical/legal/financial decisions, send human-chat messages or change lifecycle/profile states. Selected-message sharing remains unavailable unless FetusPlus separately enables a user-visible, confirmed, one-request-only flow after the required privacy and provider controls are accepted.

Safety Guardian is a disclosed automated protection layer, not a chat participant. It may check a message attempt under platform rules. A delay or technical timeout is not evidence of wrongdoing. A held message is not delivered unexpectedly; if it is cleared, the sender must explicitly send it again. High-impact account restrictions, formal Agency suspension, termination and final fraud or harassment findings remain human-controlled.

More information appears in the AI & Safety Notice.

10. User content and limited license

You retain the rights you have in content you submit. You grant FetusPlus a limited, non-exclusive, worldwide, royalty-free license only to host, process, moderate, reproduce and display that content as needed to operate the service, apply your visibility choices, protect users and comply with law.

This license does not authorize FetusPlus to use your private profile, health data, messages or photos in advertising. Separate express permission is required for testimonials or marketing use.

You must have the right to submit the content and must not upload another person's private information or documents without authority.

11. Privacy and consumer health data

FetusPlus processes personal information as described in the Privacy Notice. Reproductive, fertility, pregnancy, birth, IVF, embryo, donor and related matching information may be treated as consumer health or sensitive data.

FetusPlus uses a separate opt-in collection consent before collecting consumer health data and a distinct contextual consent before sharing it with another participant or Agency where required. FetusPlus does not sell consumer health data, use it for targeted advertising or use health-care-location geofencing.

Data may be processed in Kazakhstan and by verified service providers in other disclosed locations. Do not use the service if you do not agree to the applicable notices and choices.

12. Prohibited conduct

You may not:

• impersonate another person or misrepresent authority, identity, credentials or business status;
• submit false, fraudulent or materially misleading content or documents;
• harass, threaten, coerce, exploit or unlawfully discriminate;
• scrape, copy, sell, republish or use personal data for unrelated marketing;
• reveal another person's contact details or sensitive information without authority;
• bypass access, consent, safety, rate-limit or state-availability controls;
• introduce malware, probe security, interfere with the service or misuse accounts;
• use FetusPlus for unlawful activity or to provide unlicensed professional services;
• use automated output as a substitute for professional advice or an emergency response.

13. Protective actions, reports and appeals

FetusPlus may hide content, restrict actions, pause a feature, freeze an account, require re-review, preserve evidence, suspend access or terminate access when permitted by accepted rules and reasonably necessary for safety, integrity, security, legal duties or enforcement of these Terms.

Automation may support message-level decisions, but high-impact decisions remain subject to human control. You may request human review or appeal through FetusPlus Care or the contact in Section 22. An appeal does not require Fetus AI.

FetusPlus may retain limited evidence when reasonably necessary for security, fraud, safety, dispute, legal-hold or compliance purposes.

14. Third-party services and participants

Clinics, attorneys, Agencies, insurers, escrow providers, identity providers, email providers and other third parties are independent unless FetusPlus expressly states otherwise. Their services, terms, decisions, fees and conduct are their responsibility.

Links or references do not constitute endorsement. FetusPlus is not responsible for an agreement or transaction between users or with an independent third party.

15. Account closure

You may request account closure and deletion through the Privacy Notice routes. FetusPlus may first verify the request, unpublish public content and preserve limited records required by law or reasonably needed for security, safety, consent evidence, disputes or legal holds.

Closure does not erase another participant's lawful copy of a communication already sent or records that FetusPlus must retain, but FetusPlus will limit use and access according to the retention policy.

16. Intellectual property

The FetusPlus service, software, design, trademarks and original platform content are owned by or licensed to FetusPlus. These Terms do not transfer ownership. You may not copy, reverse engineer, remove notices or use FetusPlus branding without permission except where law allows.

17. Disclaimers

To the maximum extent permitted by law, FetusPlus is provided “as is” and “as available.” FetusPlus does not promise uninterrupted or error-free operation, a particular participant response, a match, professional eligibility, legal enforceability, medical suitability, pregnancy, birth or any other outcome.

Nothing in these Terms excludes a warranty or right that applicable law does not allow FetusPlus to exclude.

18. Limitation of liability

To the maximum extent permitted by law, FetusPlus is not liable for indirect, incidental, special, consequential or punitive damages; lost profits; loss of opportunity; or another participant's or independent provider's conduct.

For ordinary contract claims, FetusPlus's aggregate liability is limited to the greater of:

• USD 100; or
• the amount you paid directly to FetusPlus during the 12 months before the event giving rise to the claim.

This limitation does not apply where prohibited by law and does not limit liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by legally actionable conduct, or other liability that cannot lawfully be limited.

19. Responsibility for misuse

You are responsible for losses caused by your unlawful use, fraud, deliberate security abuse or unauthorized disclosure of another person's data. This section does not require an ordinary consumer to indemnify FetusPlus for FetusPlus's own misconduct or for merely exercising a legal right.

Agency-specific responsibility and indemnity terms appear in the Agency Terms.

20. Governing law and disputes

Except for mandatory laws and rights that cannot be waived, these Terms are governed by the laws of the Republic of Kazakhstan.

Courts with competent jurisdiction in Kazakhstan have non-exclusive jurisdiction. This clause does not prevent a consumer from using a court, regulator or remedy available under mandatory law in the consumer's location.

These Terms do not require mandatory arbitration and do not waive a non-waivable right to bring or participate in a claim.

Before filing a non-urgent dispute, the parties should make a good-faith attempt to resolve it through FetusPlus Care or the legal/privacy contact.

21. Changes, language and severability

Each version has an identifier, effective date and content hash. Material changes require notice and re-acceptance before the next affected action. A minor correction that does not change rights or obligations may be published with a changelog without re-acceptance.

English and Spanish versions are intended to have the same meaning. If an unresolved conflict remains, the English version controls only to the extent permitted by law; mandatory protections and the more protective express promise are preserved.

If part of these Terms is unenforceable, the remaining parts continue to the extent permitted by law.

22. Contact

• Human support: FetusPlus Care in the product
• Privacy, consumer health data, access, correction, deletion, withdrawal or appeal: privacy.fetusplus@gmail.com
• Legal notice: legal.fetusplus@gmail.com
• Website: fetusplus.com

For an urgent safety issue, use FetusPlus Care and any appropriate local emergency or law-enforcement service. FetusPlus Care is not an emergency service.