Terms of Service
These terms are the agreement between your practice and Elephantine LLC, a New York limited liability company that operates DoulaCloud. In them, “we” and “us” mean Elephantine LLC, and “you” means your practice.
Your practice agrees to these terms when its Owner creates it, by pressing Create Practice under the sentence that links them. The Owner agrees for the practice, and must have the authority to do so.
This version takes effect on . The history of every version is at the end of this page.
What DoulaCloud is
DoulaCloud is software a doula practice uses to run its business: its clients, engagements, visits, plans, contracts, invoices and messages. It is offered to practices in the United States.
What a Credit costs
One Credit starts one engagement — a single client relationship centered on one baby, from intake through the end of care. Birth and postpartum engagements cost the same.
A Credit costs $20.00, plus sales tax where it applies. That is the one price, and every feature is included in it.
There is no subscription, no minimum and no recurring charge. You buy Credits when you want them and are charged nothing in between. Credits do not expire, and the oldest are spent first.
If the price of a Credit ever rises, we email each Owner at least 60 days before, with the reason. A rise never changes a Credit you already bought: it keeps the price you paid for it, and until the new price starts you can buy as many Credits as you like at the old one.
When you buy Credits, Stripe takes the payment for us. We never see or store your card number.
Refunds
Credits given free of charge are not refundable.
Purchased Credits that have not been spent can be refunded within three years of the date they were bought, at the price paid for them and together with any sales tax charged on them, to the original payment method. A Credit already used to start an engagement has been spent, and is not refundable. To ask for a refund, email us. We do not need a reason.
Your practice is the merchant
DoulaCloud is not a payment service. When your practice invoices a client, your practice is the merchant: it holds its own agreement with Stripe, the money is paid into its own account, and it is responsible for the care it provides and for what it charges. We never receive or hold your practice's money, and we take no part of any payment a client makes to you.
Stripe
Payment processing services for your practice are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service. That agreement is between your practice and Stripe. Stripe asks your Owner to accept it on Stripe's own pages, when your practice is connected to Stripe, and Stripe can change it from time to time.
You agree to give accurate and complete information about your practice, and you authorize us to share it, and information about the payments your practice takes through DoulaCloud, with Stripe. Stripe tells us whether your practice's account can take payments.
Stripe processes your data as Stripe's Privacy Policy explains.
Leaving
You can leave at any time, and you take everything with you.
Export. An Owner can download everything your practice has put into DoulaCloud as one archive, in formats you can open without DoulaCloud. Take it before you start deletion: the archive cannot be downloaded while deletion is under way.
Deletion. An Owner can delete your practice from its settings, with no call and no reason asked. Deletion starts a 30-day window. During it, the practice is locked for everyone, and an Owner can restore it. We email each Owner 7 days before the window ends. When it ends, every client record is erased and the practice is closed.
Credits when you leave. Ask us for a refund of your unspent purchased Credits before you start deletion, as Refunds above says. A Credit still unspent when deletion finishes ends with the practice.
What stays after deletion. We keep our own records of your practice: its name and details, the Credits it bought and spent, the record of what was done and by whom, with each client's details made unreadable, and the record of when your practice agreed to these terms and to the Privacy Policy. We keep them for our accounts and taxes, and to answer a question or a dispute about your practice after it has gone. Your practice's Stripe account is its own, and deletion does not close it.
Nothing in these terms is there to make leaving cost you more.
What your practice is responsible for
Your practice is responsible for the care it gives, for what it charges its clients, and for what it tells its clients about the records it keeps on them. DoulaCloud gives no medical advice, and it is not responsible for the care your practice gives.
Your practice decides what it records about its clients and who on its staff can see it. It must have the right to put that information into DoulaCloud, and it must answer a client who asks to see, correct or erase their record.
Each person at your practice must keep their sign-in details private. Tell us at once if you think someone else has used them.
What DoulaCloud must not be used for
Do not use DoulaCloud to:
- break the law, or help someone else break it;
- store information about a person that your practice has no right to hold;
- send messages a person has not agreed to receive, or harass anyone;
- try to reach data that is not your practice's, or test, break or overload the security of DoulaCloud;
- resell DoulaCloud, or copy it.
If a practice does any of these, we can suspend or close its access. Unless the law or someone's safety stops us, we tell its Owners first and give them time to download their export.
HIPAA and insurance billing
DoulaCloud is not a business associate under HIPAA, and it signs no business associate agreement today.
A practice that sends a claim electronically to Medicaid or to an insurer can become a covered entity under HIPAA. Tell us before your practice sends its first electronic claim, so that we can tell you what DoulaCloud can and cannot do for a covered entity. Until then, do not use DoulaCloud as if it were your business associate.
When these terms change
We decide for each new version whether the change is material. A material change is a change to what your practice pays, what it gets, or what happens to its data. A corrected typing error is not.
For a material change, we email each Owner at least 30 days before the new version takes effect, and say what changes. After that date, the first Owner who signs in is asked to agree to the new version. Your practice works as usual until then.
A change never applies to a dispute, a claim or a purchase that came before it.
If you do not want to agree to a change, you can leave before it takes effect, with your export and a refund of your unspent purchased Credits.
A change that is not material, such as a clearer sentence or a new postal address, takes effect on the date of its version. The history below records every version.
Warranty
We work to keep DoulaCloud running and your data safe, and we fix what goes wrong. We cannot promise that it will never be unavailable or never have an error. DoulaCloud is provided as it is, and we give no warranty beyond what these terms say, except where the law does not allow us to leave one out.
Keep your own copy of what matters to your practice. The export is there for that.
Liability
Neither your practice nor we are responsible to the other for a loss that could not reasonably have been foreseen, or for lost profits or lost business.
Our total liability to your practice for all claims about DoulaCloud is limited to the amount your practice paid us in the 12 months before the claim arose, or $100, whichever is more.
These limits do not apply to a refund we owe you, or where the law does not allow them.
Disputes
These terms are governed by the law of the State of New York.
A lawsuit about these terms or about DoulaCloud goes to the state or federal courts for Monroe County, New York, and your practice and we both agree to those courts.
Nothing in these terms takes away your right to go to court, on your own or together with others. Before either of us goes to court, we ask that you write to us first, so that we can try to put it right.
Everything else
These terms and the Privacy Policy are the whole agreement between your practice and us about DoulaCloud. If a court finds that part of them cannot be enforced, the rest stays in force. If we do not enforce a term at once, we have not given it up.
Contact us
Email hello@doula.cloud. That address reaches a person.
Version history
- . Not a material change. Writes the name of the product as one word, DoulaCloud.
- . Not a material change. First version.