Terms of Service

1. Acceptance of Terms

By accessing or using the Platform, you confirm that you understand and accept these Terms, including the arbitration provisions in Section 16, and our Privacy Policy (Part II of this document), incorporated by reference. If you do not agree, you may not access or use the Platform.

The Platform is available to Users who meet the eligibility requirements in Section 3. By using the Platform, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Changes to These Terms

We may modify these Terms at any time. Continued use of the Platform after modifications become effective constitutes your acceptance of the changes. Changes to the dispute-resolution provisions in Section 16 will not apply retroactively to disputes of which we had actual notice before the change was posted, and will not create a renewed opportunity to opt out of arbitration.

3. Who Uses the Platform

Tot Squad connects expecting and new parents with baby-planning services and products through three integrated offerings:

• Baby Concierge — in-store and virtual registry consultations delivered by Baby Specialists, currently offered in partnership with select retailers including Target.
• MotherFund — a gift-fund and gift-card marketplace described in Section 9.
• Robyn AI Doula — an AI-assisted parenting support tool described in Section 11.

“Users” includes Customers (parents, guardians, and gift-givers who use Baby Concierge, MotherFund, or Robyn), Baby Specialists (independent contractors who deliver Baby Concierge consultations, described in Section 8), and Enterprise Partners (retail and brand partners who integrate with the Platform under separate written agreements).

4. Accounts

To use most Platform features you must register for an account and provide accurate information. Baby Specialists, Enterprise Partners, and MotherFund customers register for an account with login credentials and are responsible for keeping those credentials confidential and for all activity under their account. Customers booking a Baby Specialist appointment instead access the Platform via a secure tokenized link and are responsible for keeping that link confidential. Notify us immediately at hello@totsquad.com of any unauthorized use. You may not create more than one Customer account or use a false identity.

5. Communications

By using the Platform you agree to receive operational communications from us (account activity, appointment confirmations, fund and gift-card notifications) by email, text, or push notification. Standard messaging rates may apply. Promotional communications require your opt-in and you may unsubscribe at any time; you are never required to consent to promotional messages as a condition of using the Services.

6. Intellectual Property

Except for User Submissions, Commissioned Content (each defined below), and third-party content, the Platform — including all text, software, graphics, and the Tot Squad, Baby Concierge, MotherFund, and Robyn names, logos, and trademarks — is owned by Tot Squad or its licensors and protected under U.S. and international law. We grant you a limited, revocable, non-exclusive license to use the Platform for its intended personal or business purpose; you may not scrape, reverse-engineer, resell, or build a competing service from it.

If you are an Enterprise Partner or Baby Specialist, any additional trademark license (e.g., to display Tot Squad marks in-store or on apparel) is granted solely under your separate written agreement with us, limited to the term and purpose stated there.

6.1 User Submissions

If you post reviews, fund-page stories, messages, or other content to the Platform ("User Submissions"), you grant Tot Squad a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute that content in connection with operating and promoting the Platform. You retain ownership of your User Submissions.

6.2 Commissioned Content

Content that Tot Squad specifically commissions or pays a Baby Specialist, contractor, freelancer, or agency to create — including blog articles, social media content, and brand partner campaign materials — is owned by Tot Squad, as further set out in the applicable contractor or content agreement with that creator.

7. Prohibited Uses & Content Standards

You agree not to use the Platform to: violate any law; harm or exploit anyone, including minors; post content that is defamatory, harassing, obscene, or discriminatory; infringe intellectual property or privacy rights; send unsolicited advertising; or interfere with the Platform's operation. Any content you submit (reviews, fund-page stories, messages) must comply with these standards. We may remove content or suspend accounts that violate this section, in our discretion.

8. Baby Concierge & Baby Specialists

8.1 For Customers

Baby Concierge consultations are scheduled through the Platform (in-store, virtual, or at a partner retail location) and delivered by a Baby Specialist. Consultations are informational and product-recommendation focused; they do not constitute medical, legal, or financial advice. You may cancel or reschedule a consultation up to 4 hours before the scheduled start time for a full refund or reschedule; cancellations inside that window are handled per our posted cancellation policy, and any no-show/late-cancellation fee charged by a Baby Specialist is capped at $50.

8.2 For Baby Specialists

Baby Specialists provide consultations under a separate written Independent Contractor Agreement with Tot Squad (the “Contractor Agreement”), which governs the scope, compensation, termination, intellectual property, confidentiality, and dispute-resolution terms of the engagement. Nothing in these Terms creates an employment, partnership, or agency relationship. Where these Terms and a Baby Specialist's Contractor Agreement address the same subject, the Contractor Agreement controls for that Baby Specialist. In summary, and subject to the Contractor Agreement, Baby Specialists:

• serve exclusively as independent contractors, not employees of Tot Squad, and control the manner and means of performing services;
• are responsible for their own taxes, insurance, and business expenses, and receive an IRS Form 1099 as applicable;
• are not eligible for Tot Squad employee benefit programs;
• must hold any required licenses or certifications for the services they provide (e.g., a recognized baby-planning certification) and provide proof on request;
• must complete confirmed appointments, or cancel per the posted policy — completed work is compensated per the Company's then-current Compensation Schedule for Concierge Services;
• assign to Tot Squad all work product created in the course of providing services, and keep Tot Squad's confidential and proprietary information confidential, in each case as further described in the Contractor Agreement;
• may be asked to complete a background check through a third-party consumer reporting agency (currently ADP WorkMarket, and, for occasional one-off checks, Checkr) as part of onboarding and periodically thereafter, and will provide any additional authorization needed to facilitate that check.

Disputes relating to a Baby Specialist's provision of services are resolved under the arbitration provision of that Baby Specialist's Contractor Agreement, not under Section 16 of these Terms; Section 16 continues to apply to a Baby Specialist's use of the Platform in any other capacity (for example, as a MotherFund contributor or fund owner).

9. MotherFund

9.1 What MotherFund Is

MotherFund, operated by Tot Squad, lets friends and family contribute money toward a new or expecting parent's fund. The fund owner redeems her fund balance for gift cards to pre- and post-natal services in the MotherFund partner catalog. MotherFund is not a bank; fund balances are not deposits, are not insured, and earn no interest.

9.2 Contributions

Contributions are gifts to the fund owner — not purchases, charitable donations, or investments — and are not tax-deductible. Payments are processed by Stripe; Tot Squad never sees or stores your card details. Contributions are intended to be final. If you contributed in error, contact us and we'll do our best to help, but a refund reduces the fund owner's balance and may not be possible once that balance has been spent.

9.3 Fund Balances & Redemptions

Fund balances may only be redeemed for gift cards in the MotherFund catalog; they cannot be withdrawn as cash. Redemptions are final, subject to Section 10 (Gift Cards). If a contribution is later refunded or disputed after redemption, the fund balance may go negative, and future contributions apply to that shortfall first.

9.4 Fund Pages & Content

Fund owners are responsible for the accuracy of their fund page and may only create a fund on their own behalf. Contribution messages and fund content must comply with Section 7. We may suspend a fund or remove content that violates these Terms.

9.5 Promotional Credits

From time to time, Tot Squad may add promotional credits to a MotherFund balance as part of a marketing promotion or offer ("Promotional Credits"). Promotional Credits:

• have no cash value and cannot be withdrawn, transferred, sold, or exchanged for cash;
• may only be redeemed for gift cards in the MotherFund catalog, subject to Section 10 (Gift Cards);
• are subject to the eligibility requirements, value, quantity limits, and timing disclosed in the specific promotion's terms, which are incorporated into these Terms by reference;
• may be limited in total number or dollar amount and awarded until exhausted;
• may be revoked, with the related MotherFund balance adjusted accordingly, if Tot Squad determines in good faith that a submission was fraudulent, duplicative, or otherwise ineligible;
• are available only to legal U.S. residents 18 or older, unless a specific promotion states otherwise.

Tot Squad may modify, suspend, or end any promotion at any time. Promotional Credits do not affect a fund owner's rights with respect to Contributions under Section 9.2.

10. Gift Cards

This Section governs all Tot Squad and MotherFund gift cards, including cards purchased directly, received as MotherFund redemptions, or issued through a retail partner integration.

• No expiration. Tot Squad and MotherFund gift cards never expire and carry no dormancy or inactivity fee.
• Redemptions are final. Gift cards cannot be exchanged, returned, or converted back into fund balance or cash, except where required by law.
• Partner gift cards are issued and honored by independent partner businesses, not by Tot Squad. Each partner's own terms apply, including expiration and booking policies. A gift card's value may not equal the full price of a service, and unused value remains subject to the partner's policies.
• Delivery. Gift card codes are typically delivered instantly by email and remain available in your redemption history. If a code is temporarily unavailable, we will deliver it within 2 business days.
• Treat codes like cash. Anyone with the code can redeem it, and we cannot replace a code after delivery except where a code fails to redeem due to a Tot Squad or partner error — contact motherfund@totsquad.com and we will work with the partner to resolve it.

11. Robyn / AI Doula

Robyn is Tot Squad's AI-assisted parenting support tool, trained in part on doula-parent conversations, and may be offered as a chat experience, content library, or integrated recommendation feature (branding and rollout details to be finalized).

• Not medical or professional advice. Robyn provides general informational and emotional-support content only. It is not a substitute for a licensed doula, midwife, physician, or mental health professional, and must not be relied on for diagnosis, treatment, or emergency guidance. In a medical emergency, contact 911 or your healthcare provider immediately.
• AI limitations. Responses are generated by an AI system and may be incomplete, generic, or inaccurate. You are responsible for independently verifying anything you rely on.
• Conversation data. Your conversations with Robyn may be used to operate, support, and improve the service, including to train or fine-tune Tot Squad's AI systems, as described in our Privacy Policy (Part II, Section 6). If we use identifiable conversation content beyond operating the service, we will seek appropriate consent.
• No professional relationship. Using Robyn does not create a doctor-patient, therapist-client, or doula-client relationship between you and Tot Squad.

12. Third-Party Services & Links

The Platform may link to or integrate with third-party services (payment processors, retail partners, gift-card issuers). We do not control and are not responsible for third-party sites or services; your use of them is at your own risk and subject to their own terms.

13. Disclaimers

THE PLATFORM AND ALL SERVICES (INCLUDING BABY CONCIERGE CONSULTATIONS, MOTHERFUND, GIFT CARDS, AND ROBYN) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY OF CONTENT (INCLUDING ROBYN OUTPUT) OR THE CONDUCT OR PERFORMANCE OF BABY SPECIALISTS, ENTERPRISE PARTNERS, OR OTHER USERS.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TOT SQUAD AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATFORM. OUR TOTAL AGGREGATE LIABILITY TO YOU WILL NOT EXCEED THE GREATER OF (A) $1,000 OR (B) THE AMOUNT YOU PAID TO TOT SQUAD (OR, FOR MOTHERFUND, THE AMOUNT HELD IN YOUR FUND BALANCE) IN THE 12 MONTHS BEFORE THE CLAIM AROSE. THIS LIMIT DOES NOT APPLY TO DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR TO OUR FRAUD.

15. Indemnity

You agree to indemnify and hold Tot Squad harmless from claims arising out of your use of the Platform, your violation of these Terms or applicable law, or your violation of another person's rights, except where the claim arises from Tot Squad's own fraud or willful misconduct.

16. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

16.1 Agreement to Arbitrate

You and Tot Squad mutually agree to waive the right to a jury trial and to resolve any dispute arising out of or relating to these Terms or the Platform (a “Claim”) by binding individual arbitration under the Federal Arbitration Act, rather than in court, except as set out in Section 16.7. This Arbitration Agreement survives termination of these Terms or your relationship with Tot Squad.

16.2 Individual Basis Only; Class Action Waiver

Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator has no authority to consolidate more than one person's claims or to preside over any class, collective, or representative proceeding, and may award relief (including injunctive relief) only to the individual party seeking it.

16.3 PAGA Waiver

To the fullest extent permitted by law, you and Tot Squad agree not to bring a representative action under California's Private Attorneys General Act (PAGA) in court or arbitration; any PAGA claim you bring will be arbitrated solely as to whether you personally were aggrieved. Disputes over the scope or enforceability of this PAGA waiver are decided by a court, not an arbitrator. If any part of this waiver is found unenforceable as to a given claim, that claim proceeds in court rather than arbitration, while the remainder of this Arbitration Agreement continues to apply to all other claims.

16.4 Rules & Administration

Arbitration is administered by JAMS under its General Arbitration Rules & Procedures in effect when the arbitration is initiated, heard before a single arbitrator. Either party may request a different applicable JAMS rule set where appropriate to the claim, but in no event will the arbitrator consolidate claims across individuals. The arbitrator, not a court, decides disputes about the formation, enforceability, or arbitrability of a Claim — except disputes about the enforceability or scope of the Class Action Waiver (Section 16.2), which a court decides.

16.5 Discovery, Award & Fees

Both parties are entitled to reasonable discovery of non-privileged, relevant information, and the arbitrator will issue a reasoned written award. If you are required to pay a JAMS filing fee, your share is capped at $50 (Tot Squad will reimburse the remainder), unless your claim is found frivolous or improperly brought. If Tot Squad initiates arbitration, Tot Squad pays all JAMS fees. For Claims by a Baby Specialist arising from their engagement (to the extent such a Claim is ever brought under this Section rather than under their Contractor Agreement, see Section 8.2), Tot Squad pays all arbitration costs unique to arbitration, consistent with the fee-shifting approach in our prior Terms. Each party otherwise bears its own attorneys' fees.

16.6 Location

Unless otherwise agreed, arbitration between Tot Squad and a Customer takes place in the county of the Customer's billing address, and arbitration between Tot Squad and a Baby Specialist (where applicable under this Section) takes place in the county where services were provided.

16.7 Exceptions to Arbitration

This Arbitration Agreement does not require arbitration of: (a) small-claims-court actions brought on an individual basis within that court's jurisdiction; (b) representative PAGA claims to the extent Section 16.3's waiver is held unenforceable as to those claims; or (c) claims that cannot lawfully be arbitrated under the FAA.

16.8 Right to Pursue Agency Claims

Nothing here prevents you from filing a report or charge with a government agency, including the EEOC, NLRB, or a state labor agency, or from participating in an agency investigation.

16.9 Opting Out

You may opt out of this Arbitration Agreement by emailing hello@totsquad.com within 30 days of first becoming subject to it, with your name, account email, and a clear statement that you wish to opt out. Opting out does not affect any other provision of these Terms, and has no effect on the separate arbitration clause in a Baby Specialist's Contractor Agreement (Section 8.2), which is opted into independently, if at all, under the terms of that agreement.

16.10 Severability

If any part of this Section is found unenforceable, that part is severed and the remainder stays in effect, except that Section 16.2 (Class Action Waiver) may not be severed from the obligation to arbitrate on an individual basis — if a court finds the Class Action Waiver unenforceable as to a claim brought as a class or representative action, that entire claim proceeds in court rather than arbitration.

17. Term, Termination & Governing Law

Either party may terminate an account per Section 4; we may suspend or terminate access for violation of these Terms. These Terms are governed by California law, with venue in Los Angeles County except as provided in Section 16. Sections 6, 13–17, and 19 survive termination.

18. General

These Terms, the Privacy Policy, and any separate written agreement (e.g., a Baby Specialist contractor agreement or Enterprise Partner agreement) are the entire agreement between you and Tot Squad on their subject matter. If any provision is unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

19. Contact

Questions about these Terms: hello@totsquad.com.
Questions about MotherFund or gift cards: motherfund@totsquad.com.
Written notices to Tot Squad: Tot Squad Services, LLC, 13412 Ventura Blvd #260, Sherman Oaks, CA 91423.