Terms of Use

Bairn LLC
Effective Date: April 4, 2026

1. Acceptance of Terms

These Terms of Use ("Terms") are a legally binding agreement between you and Bairn LLC ("Bairn," "we," "us," or "our"), a Maryland limited liability company, governing your access to and use of the Bairn web platform located at app.bairnhq.com (the "Platform").

By registering for an account, clicking to accept these Terms, or using the Platform in any way, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Platform.

These Terms apply to all users of the Platform, including licensed therapists and other healthcare providers who subscribe to the Platform ("Providers") and parents or legal guardians of children receiving services ("Families").

2. Description of Services

Bairn is a care coordination and organization web platform designed to connect private practice pediatric therapy providers with the families of the children they serve. The Platform enables:

• Providers to log session notes, assign home exercises, and track goal progress for their clients
• Families to view session summaries, home exercise assignments, and goal progress across their care team
• Providers and Families to upload and organize Individualized Education Program (IEP) documents and extract goal details from those documents
• Providers to generate coordination reports for IEP meetings and care planning purposes

Bairn is a coordination and organization tool only. Bairn is not a clinical platform, electronic health record (EHR), medical device, or treatment provider. Nothing on the Platform constitutes medical advice, clinical guidance, or a recommendation for treatment.

3. Eligibility and Account Registration

3.1 Provider Accounts

To register as a Provider, you must be a licensed or credentialed healthcare professional operating in a private practice setting, including but not limited to speech-language pathologists (SLPs), occupational therapists (OTs), and applied behavior analysis (ABA) providers including Board Certified Behavior Analysts (BCBAs). By registering as a Provider, you represent and warrant that:

• You hold a current, valid license or credential in your discipline in your state of practice
• You are operating in compliance with all applicable federal and state laws governing your professional practice
• You have the authority to enter into these Terms on behalf of yourself or your practice
• You will comply with all applicable requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations

3.2 Family Accounts

Family accounts are available at no charge. To register as a Family, you must be a parent or legal guardian of a child currently receiving services from a Provider who is an active subscriber on the Platform. Family registration requires a valid invite code provided by a registered Provider. By registering as a Family, you represent and warrant that:

• You are the parent or legal guardian of the child associated with your account
• You have the legal authority to consent to the collection and processing of information about your child on the Platform
• Any IEP or other educational or clinical documents you upload to the Platform are documents you are legally authorized to possess and share

3.3 Age Requirement

You must be at least 18 years of age to create an account on the Platform. The Platform is not directed at children and does not knowingly collect personal information directly from children under the age of 13.

4. Subscriptions and Billing

4.1 Provider Subscriptions

Provider access to the Platform requires a paid subscription. Bairn currently offers the following subscription plans:

• Solo Practice: $29.00 per month, for individual private practice providers
• Group Practice: $19.00 per therapist per month, with a minimum of three (3) therapist seats

All fees are stated in U.S. dollars and are subject to change. Bairn will provide at least thirty (30) days advance notice of any fee changes to active subscribers.

4.2 Free Trial

New Provider accounts are eligible for a thirty (30) day free trial. No charge is applied during the trial period. At the end of the trial period, your subscription will automatically convert to a paid plan using the payment method provided at registration unless you cancel before the trial ends.

4.3 Billing and Payment

Subscription fees are billed monthly in advance on the anniversary of your subscription start date. Payment is processed through our third-party payment processor, Stripe. By providing payment information, you authorize Bairn to charge your payment method on a recurring monthly basis until your subscription is cancelled.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. Bairn does not provide refunds for partial billing periods.

4.5 Family Access

Family accounts are always free of charge. Family access to the Platform is contingent on the continued active subscription of at least one connected Provider. If a connected Provider's account is terminated or cancelled, the associated Family account will transition to read-only access for a period of ninety (90) days, after which Family access may be suspended pending reconnection with an active Provider.

5. HIPAA Compliance and Protected Health Information

Bairn is designed to be used in connection with the provision of healthcare services and may involve the creation, receipt, maintenance, or transmission of protected health information (PHI) as defined under HIPAA.

Provider use of the Platform for purposes involving PHI requires execution of a Business Associate Agreement (BAA) with Bairn LLC. The BAA is presented to Providers during the account registration process and must be accepted before PHI may be entered into the Platform. If you are a Provider and have not executed a BAA with Bairn, you may not use the Platform to create, store, or transmit PHI.

Bairn implements administrative, physical, and technical safeguards designed to protect PHI in accordance with HIPAA Security Rule requirements. However, Providers are solely responsible for their own compliance with HIPAA and all other applicable federal and state healthcare privacy laws in connection with their use of the Platform. The BAA sets forth the specific obligations of Bairn as a Business Associate and each Provider as a Covered Entity or Business Associate.

6. User Responsibilities and Acceptable Use

6.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify Bairn immediately at hello@bairnhq.com if you suspect any unauthorized access to your account. Bairn is not liable for any loss or damage arising from your failure to maintain account security.

6.2 Accurate Information

You agree to provide accurate, current, and complete information during registration and to keep your account information updated. Providers represent that all information entered about clients and sessions accurately reflects services rendered.

6.3 Prohibited Conduct

You agree not to:

• Use the Platform for any purpose that violates applicable federal, state, or local law or regulation
• Upload or transmit content that is false, misleading, defamatory, or that you do not have the right to share
• Attempt to gain unauthorized access to any portion of the Platform or any other systems or networks connected to the Platform
• Use the Platform to transmit spam, unsolicited communications, or malicious code
• Reverse engineer, decompile, or attempt to extract the source code of the Platform
• Use the Platform in any way that could damage, disable, overburden, or impair its operation
• Share your account credentials with any other person
• Upload IEP or other educational documents belonging to a child for whom you are not the parent or legal guardian, or upload falsified, altered, or fraudulent documents of any kind

6.4 IEP Document Uploads

By uploading an IEP or other educational document to the Platform, you represent and warrant that you are the parent or legal guardian of the child identified in the document and that you are legally authorized to possess and upload the document. Bairn is not responsible for verifying your authorization to upload any document. You agree to indemnify and hold harmless Bairn from any claim arising from your upload of documents you were not authorized to share.

You agree not to upload any of the following to the Platform: (a) an IEP or educational document belonging to a child for whom you are not the parent or legal guardian; (b) a falsified, altered, or fraudulent document of any kind; or (c) any document you obtained without lawful authorization. Violation of this prohibition may result in immediate account termination and may subject you to legal liability.

6.5 FERPA Acknowledgment

IEP documents are education records protected under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g. By uploading an IEP document to the Platform, you acknowledge and agree that: (a) you are exercising your own FERPA rights as a parent or legal guardian to share your child's education record with providers of your choosing; (b) Bairn receives IEP documents solely through parent-directed upload and does not obtain them from schools or school districts; (c) IEP content will be shared with your connected Providers on the Platform solely for care coordination purposes; and (d) you may withdraw your connected Providers' access to IEP goal information at any time by contacting hello@bairnhq.com.

7. No Clinical or Professional Advice

THE PLATFORM IS A COORDINATION AND ORGANIZATION TOOL ONLY. NOTHING ON THE PLATFORM CONSTITUTES MEDICAL ADVICE, CLINICAL GUIDANCE, THERAPEUTIC RECOMMENDATIONS, OR ANY FORM OF PROFESSIONAL HEALTHCARE ADVICE.

Bairn does not practice medicine, speech-language pathology, occupational therapy, applied behavior analysis, or any other licensed healthcare profession. The Platform does not create a provider-patient relationship between Bairn and any user.

Clinical decisions, including the design of treatment plans, selection of therapeutic goals, and delivery of therapeutic services, are the sole responsibility of the licensed Provider. Bairn bears no responsibility for any clinical outcome, whether positive or negative, arising from a Provider's use of the Platform or from the content entered into the Platform by any user.

Parents and families should direct all questions about a child's clinical care, treatment, or progress to the child's licensed providers directly.

8. Intellectual Property

8.1 Bairn Property

The Platform, including its design, features, code, content, branding, and trademarks (including the Bairn name and logo), is owned by Bairn LLC and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform solely for its intended purpose under these Terms. No other rights are granted.

8.2 User Content

You retain ownership of any content you submit to the Platform, including session notes, goal data, and uploaded documents ("User Content"). By submitting User Content, you grant Bairn a limited license to store, process, and display your User Content solely as necessary to provide the Platform services to you. Bairn does not claim ownership of your User Content and will not use it for any purpose beyond providing the Platform services and meeting our legal obligations.

8.3 Feedback

If you provide Bairn with feedback, suggestions, or ideas regarding the Platform, you grant Bairn the right to use that feedback without restriction or compensation to you.

9. Data Retention and Deletion

Bairn retains user data, including PHI entered by Providers, for a minimum of seven (7) years following the date of last activity on the associated account, consistent with HIPAA medical records retention requirements. State law may require longer retention periods for certain records; Providers are responsible for understanding their own state-specific retention obligations.

Upon account termination, Providers will have a thirty (30) day window to request an export of their data before it is scheduled for deletion in accordance with our retention schedule. Requests for data export should be submitted to hello@bairnhq.com.

Bairn will delete PHI in accordance with the terms of the executed BAA and applicable law.

10. Termination

10.1 Termination by You

You may close your account at any time by contacting hello@bairnhq.com or through your account settings. Provider subscriptions cancelled mid-period remain active through the end of the paid billing period.

10.2 Termination by Bairn

Bairn reserves the right to suspend or terminate your account at any time for any of the following reasons:

• Violation of these Terms
• Non-payment of subscription fees
• Use of the Platform in a manner that poses a risk to other users, third parties, or Bairn
• Receipt of a valid legal order requiring suspension or termination

Bairn will make reasonable efforts to provide advance notice of termination except where immediate termination is required to prevent harm or comply with legal obligations.

10.3 Effect of Termination

Upon termination of a Provider account, connected Family accounts will transition to read-only access for ninety (90) days. Connected Families will be notified by email of the Provider account termination. After the read-only period, Family access will be suspended unless the Family connects with another active Provider on the Platform.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. BAIRN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BAIRN DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAIRN LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, OR ANY HARM TO A PATIENT OR CLIENT ARISING FROM CLINICAL DECISIONS MADE BY A PROVIDER.

BAIRN'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO BAIRN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. FAMILY USERS, WHO DO NOT PAY FEES, ACKNOWLEDGE THAT BAIRN'S TOTAL LIABILITY TO THEM SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

13. Indemnification

You agree to indemnify, defend, and hold harmless Bairn LLC and its members, managers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Platform in violation of these Terms
• Your violation of any applicable law or regulation, including HIPAA
• Your clinical decisions or professional conduct
• Any content you submit to the Platform
• Any claim that your use of the Platform infringed the rights of a third party

14. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

14.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to contact Bairn at hello@bairnhq.com and provide a written description of the dispute. The parties agree to make a good faith effort to resolve the dispute informally within thirty (30) days of notice.

14.2 Binding Arbitration

If the dispute is not resolved informally, you and Bairn agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration may be conducted remotely by videoconference or telephone at the election of either party, or in person in Maryland if both parties agree. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

You agree that any dispute resolution proceeding will be conducted on an individual basis only. You waive any right to participate in a class action lawsuit or class-wide arbitration against Bairn.

14.4 Governing Law

These Terms are governed by the laws of the State of Maryland, without regard to its conflict of law provisions.

15. Third-Party Services

The Platform depends on third-party service providers to operate, including Google Cloud Platform (infrastructure and storage), Stripe (payment processing), and Anthropic (AI-assisted IEP goal extraction). Bairn is not liable for any interruption, degradation, or failure of the Platform caused by the unavailability or malfunction of any third-party service. Bairn will make reasonable efforts to restore service following a third-party service disruption but makes no guarantee of uptime or continuity of any specific feature that depends on a third-party provider.

Your use of the Platform may also be subject to the terms of service and privacy policies of these third-party providers. Bairn is not responsible for the practices of any third-party service provider.

16. Force Majeure

Bairn shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by circumstances beyond Bairn's reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government action, widespread internet outages, cyberattacks on infrastructure providers, or failure of third-party services on which the Platform depends. Bairn will notify affected users as soon as practicable following a force majeure event and will use commercially reasonable efforts to restore normal service.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any executed Business Associate Agreement, constitute the entire agreement between you and Bairn regarding your use of the Platform and supersede all prior agreements.

17.2 Modifications

Bairn reserves the right to modify these Terms at any time. We will notify active users of material changes by email or by posting a notice on the Platform. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms.

17.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17.4 Waiver

Bairn's failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

17.5 Assignment

You may not assign your rights or obligations under these Terms without Bairn's prior written consent. Bairn may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

18. Contact Information

If you have questions about these Terms, please contact:

Bairn LLC
Email: hello@bairnhq.com
Website: bairnhq.com