Terms of Service
These Terms of Service (“Terms”) are a binding agreement between BABYTURE LLC, a [STATE OF INCORPORATION] limited liability company doing business as “Belume” (“Belume,” “we,” “us”), and the studio or individual that signs up for or uses the Belume platform (“you,” “Customer,” “Studio”).
By creating an account or using the Service, you agree to these Terms. If you are accepting these Terms on behalf of a business, you represent that you have authority to bind that business to these Terms.
1. The Service
Belume is software that helps ultrasound studios run their business: a public website for the studio, an online booking flow, SMS reminders, customer media delivery, and an 8K AI photo rendering suite (the “Service”). Specific features and limits depend on your subscription tier as described on belume.io/pricing.
2. Account
You must be at least 18 years old and legally able to enter into contracts. You are responsible for:
- Providing accurate signup information
- Keeping your password and account credentials confidential
- All activity that happens under your account
- Adding and removing staff seats and ensuring staff comply with these Terms and the Acceptable Use Policy
3. Subscription and billing
Plans
Belume offers Starter, Growth, and Pro subscription plans. Plan features, session limits, render limits, and overage rates are described on belume.io/pricing and are part of these Terms.
Onboarding
Every new studio completes a 1:1 onboarding call with us before the subscription begins. Billing starts when your account goes live following that call.
Billing
- Monthly plans are billed monthly in advance. Annual plans are billed annually in advance.
- Overages, additional staff seats, and additional locations are billed in addition to the base plan on the same cadence.
- Payments are processed by Stripe. You authorize us to charge your selected payment method for all amounts owed.
- Prices are in U.S. dollars. You are responsible for any applicable taxes.
Refunds
- Monthly plans are non-refundable. If you cancel a monthly plan, your subscription remains active through the end of the billing period and does not renew.
- Annual plans may be refunded in full within 30 days of the initial annual purchase. After 30 days, annual plans are non-refundable, and your subscription remains active through the end of the period.
- Overages, seat add-ons, and location add-ons are non-refundable.
Price changes
We may change subscription prices. We will give you at least 30 days’ notice before a price change takes effect. Price changes will not apply during a current annual term.
Late payments
If a payment fails, we may retry the charge and may suspend or terminate your account for non-payment after reasonable notice.
4. Data and ownership
Customer Data
“Customer Data” means all data you submit to the Service, including studio settings, customer records, photos, videos, and any data the Studio collects from its end customers through Belume.
You own Customer Data. You grant Belume a limited, non-exclusive license to host, copy, transmit, and process Customer Data solely as needed to provide the Service.
Studio as data controller
For data the Studio collects about its own customers (for example, customer names, phone numbers, booking details, ultrasound media), the Studio is the data controller and Belume is the data processor. The Studio is responsible for:
- Obtaining all necessary consents from its customers, including consent for SMS communications under the TCPA and similar laws
- Posting a customer-facing privacy policy on its studio site
- Responding to its customers’ data-rights requests (access, deletion, correction, etc.)
- Complying with all laws applicable to its business, including state laws on keepsake or elective ultrasound
Belume’s role
Belume processes Customer Data only on the Studio’s instructions and to provide the Service. Belume does not sell Customer Data, does not use Customer Data to train AI models, and does not use Customer Data for its own marketing.
Data export and deletion on termination
On termination, you may export your Customer Data for 30 days. After 30 days, Belume will delete Customer Data from active systems. Routine backups may retain copies for up to 90 days; backup copies are not accessible for export.
5. Acceptable use
You agree to follow the Acceptable Use Policy, which is part of these Terms. We may suspend or terminate your account for violations.
6. Belume’s intellectual property
Belume and its software, branding, and content are owned by BABYTURE LLC and protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable license to use the Service. You may not:
- Copy, modify, or create derivative works of the Service
- Reverse engineer, decompile, or extract source code
- Resell, sublicense, or use the Service to build a competing product
- Remove or alter any proprietary notices
7. Disclaimers
Not a medical service
Belume is a software platform. Belume is not a medical service, does not provide medical advice, and does not produce diagnostic medical imaging. Studios using Belume are responsible for their own clinical, regulatory, and safety practices, including any state laws on keepsake or elective ultrasound. The 8K photo renderings produced by the Service are for keepsake and memento purposes and are not for medical diagnosis.
“As is”
The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uptime, or that the Service will be uninterrupted or error-free. We do not guarantee that AI renderings will meet your expectations.
8. Limitation of liability
To the maximum extent allowed by law:
- Neither party will be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or revenue, even if advised of the possibility of such damages.
- Belume’s total cumulative liability under these Terms will not exceed the amounts you paid to Belume for the Service during the 12 months immediately before the event giving rise to the claim.
- These limits do not apply to your payment obligations, your indemnification obligations, or to liability that cannot be limited by law.
9. Indemnification
You agree to defend and indemnify BABYTURE LLC and its officers, employees, and agents from claims, damages, and expenses (including reasonable attorneys’ fees) arising from:
- Your or your staff’s use of the Service
- Your violation of these Terms or the Acceptable Use Policy
- Your violation of any law or third-party right, including consent and notification obligations to your customers
- Any content you submit to the Service
10. Term and termination
Term
These Terms remain in effect while you have an account.
Termination by you
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
Termination by Belume
We may suspend or terminate your account, with or without notice, if:
- You violate these Terms or the Acceptable Use Policy
- Your payment is overdue
- We are required to do so by law
- Continued service creates legal or security risk
Effect of termination
On termination, your access ends. You may export Customer Data for 30 days as described in Section 4. Provisions that by their nature should survive (data ownership, IP, disclaimers, liability, indemnification, governing law) survive termination.
11. Changes to these Terms
We may update these Terms. For material changes, we will give you at least 30 days’ notice by email or through the Service. Continued use after the effective date means you accept the updated Terms. If you don’t agree, you may cancel your subscription before the changes take effect.
12. Governing law and disputes
These Terms are governed by the laws of the State of [STATE OF INCORPORATION], without regard to conflict-of-laws principles. Any dispute that is not resolved informally will be brought in the state or federal courts located in [COUNTY], [STATE OF INCORPORATION], and both parties consent to that jurisdiction. You and Belume each waive any right to a jury trial. Disputes must be brought individually; class actions and class arbitrations are not permitted.
13. Miscellaneous
- Entire agreement. These Terms, the Privacy Policy, the Acceptable Use Policy, and any order forms or written addenda are the entire agreement between you and Belume.
- No waiver. Failure to enforce a provision is not a waiver of it.
- Severability. If any provision is unenforceable, the rest remains in effect.
- Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale.
- Notices. We send legal notices to the email on your account. You send legal notices to support@belume.io and the mailing address below.
- Force majeure. Neither party is liable for delays caused by events beyond reasonable control.
14. Contact
BABYTURE LLC (d/b/a Belume)
Email: support@belume.io
Mailing address: [BUSINESS MAILING ADDRESS]