Terms of Service

1. Agreement to Terms

By accessing or using the DepartWith platform at departwith.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Service. These Terms form a legally binding agreement between you and DepartWith.

These Terms apply to all visitors, registered members, and subscribers. Your continued use of the Service after any updates constitutes acceptance of the revised Terms.

2. Eligibility & Accounts

To create an account and use DepartWith, you must:

• Be at least 18 years old. The Service is not directed at minors.
• Maintain only one active account. Creating duplicate or alias accounts is prohibited and grounds for termination.
• Provide accurate, complete, and current information when registering and keep it up to date. False or misleading information violates these Terms.
• Keep your login credentials secure. Do not share your password with anyone. You are responsible for all activity that occurs under your account.
• Notify us immediately at info@departwith.com if you suspect unauthorized access to your account.

DepartWith reserves the right to request proof of age or identity at any time and to suspend or terminate accounts that do not meet eligibility requirements or that we have reason to believe are fake, duplicated, or operated in bad faith.

3. What We Do and Don't Do

DepartWith is a matchmaking and introductions platform for people exploring co-parenting, sperm donation, egg donation, and related family-building paths. It is important to understand what that means in practice.

We do:

• Provide tools to create a profile, search other members, and initiate contact.
• Offer filters and preferences to help you find compatible matches.
• Operate reporting and moderation systems to promote a safe community.

We do not:

• Provide medical advice. Nothing on the platform is a substitute for advice from a licensed physician, fertility specialist, or reproductive endocrinologist.
• Provide legal advice. Nothing on the platform constitutes legal advice. Laws governing donor conception, co-parenting agreements, and parentage vary significantly by state and jurisdiction.
• Perform background checks on any user. We do not verify criminal history, fertility status, health claims, financial circumstances, or any other personal information supplied by users.
• Guarantee the accuracy of user-provided content. Profile information, health details, donor information, and any other content is self-reported. You are solely responsible for independently vetting any potential match before entering into any arrangement.
• Broker, facilitate, or oversee any agreements, contracts, or arrangements made between users. Any such arrangements are entirely between the individuals involved.

Using DepartWith does not replace consulting qualified medical and legal professionals. We strongly encourage all users to do so before making decisions about co-parenting or donation.

4. User Conduct & Content Standards

DepartWith is a platform for genuine family-building connections. By using the Service, you agree to the following conduct standards:

• No soliciting natural insemination. Requests or offers for sexual intercourse as a method of conception are strictly prohibited and will result in immediate account removal.
• No payment for donation beyond reasonable expenses. You may not request or accept compensation for sperm or egg donation beyond documented, reasonable out-of-pocket expenses as permitted by applicable law. Paid donation arrangements must comply with all applicable federal and state regulations.
• No sharing personal contact details in public profiles. Phone numbers, personal email addresses, home addresses, and social media handles should not be posted in publicly visible profile fields. Exchange contact information through private messaging once you have established trust.
• No impersonation. Do not create a profile pretending to be someone else, use another person's photos, or misrepresent your identity in any way.
• No spam or promotions. Do not use the messaging system or profile fields to send unsolicited promotions, advertisements, referral links, or off-platform recruitment.
• No harassment or abuse. Threatening, intimidating, stalking, or sending unwanted sexual messages to other users is prohibited.
• No discriminatory conduct. Interactions must be respectful. Discriminatory language or behavior based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic is not permitted.
• No fake or misleading profiles. Profile photos, descriptions, and any health or personal information must be accurate and your own.
• No automated tools. Bots, scrapers, crawlers, and other automated systems are not permitted without our prior written authorization.
• No circumventing safety features. Do not attempt to bypass our verification systems, reporting mechanisms, or moderation tools.
• No sharing others' private information. Do not disclose messages, photos, or personal details shared by other users outside the platform without their explicit consent.

We reserve the right to investigate potential violations and take appropriate action, including removing content, suspending accounts, or permanently banning users who violate these standards.

5. Safety, Reporting & Moderation

Your safety is important to us. DepartWith provides tools to help keep the community safe:

• Report tool: You can report any profile, message, or content that appears to violate these Terms. Reports are reviewed by our team.
• Block tool: You can block any user at any time to prevent further contact.
• Moderation: We triage all reports and may take action including content removal, account suspension, or permanent bans depending on the severity and nature of the violation.
• No guarantee of real-time moderation: We do our best to respond to reports promptly, but we cannot monitor all user activity in real time and do not guarantee that all harmful content will be identified and removed immediately.
• Law enforcement cooperation: We will cooperate with law enforcement agencies and comply with valid legal process, including court orders and subpoenas, when required by law.

If you are in immediate danger, contact local emergency services. For urgent safety concerns on the platform, email info@departwith.com with "URGENT" in the subject line.

6. User Content & Intellectual Property

You retain ownership of all content you post on DepartWith, including photos, profile text, and messages. By uploading content to the platform, you grant DepartWith a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute that content solely for the purpose of operating and improving the Service.

This license ends when you delete the content or close your account, except where your content has already been shared with other users (for example, messages already delivered) or where retention is required by law.

You represent and warrant that you own or have the necessary rights to all content you post, and that your content does not infringe any third party's intellectual property rights, privacy rights, or any applicable law. Content that is illegal, violates these Terms, or infringes intellectual property rights may be removed without notice.

All DepartWith brand assets, platform design, software, and original content remain the exclusive property of DepartWith. You may not copy, modify, or redistribute any part of the Service without our written permission.

7. Donor Conception & Legal Parenthood

DepartWith enables connections between individuals exploring sperm donation, egg donation, and co-parenting. These are significant personal, medical, and legal decisions. Please read the following carefully:

• We strongly recommend using a licensed fertility clinic for any donor conception. Clinical donation includes regulated screening, legal documentation, and medical oversight that private arrangements cannot replicate.
• Legal parenthood rules vary by jurisdiction. Depending on your state, a known sperm or egg donor may or may not have legal parental rights or obligations — regardless of any private agreement. Laws on this subject differ widely and change over time.
• Private arrangements carry real legal and medical risks. A private co-parenting or donor arrangement that is not supported by a properly drafted legal agreement and clinical documentation may expose all parties — including any children born — to unexpected legal, financial, and health consequences.
• Seek independent legal advice from a family law attorney experienced in reproductive law before entering into any co-parenting or donor agreement. Do not rely on template agreements found online as a substitute for tailored legal counsel.
• Health screening is strongly recommended. Before proceeding with any conception arrangement, all parties should undergo appropriate health and genetic screening from a licensed medical provider.
• DepartWith is not a party to any donor or co-parenting arrangement and accepts no liability for the legal, medical, or personal outcomes of arrangements made between users.

8. Surrogacy

Some users may use DepartWith to explore surrogacy connections. If you do, please be aware of the following:

• Surrogacy laws vary widely by state. Some US states have well-established frameworks supporting enforceable surrogacy agreements; others restrict or prohibit certain types of surrogacy arrangements entirely. You are responsible for understanding the laws in your jurisdiction before proceeding.
• Commercial surrogacy regulations differ. Compensation arrangements for surrogates are governed by state law and the terms of legally executed contracts. What is permissible in one state may not be in another.
• DepartWith does not broker surrogacy arrangements. We do not act as a surrogacy agency, facilitate compensation negotiations, draft surrogacy contracts, or provide any professional services related to surrogacy.
• Consult a reproductive attorney before entering into any surrogacy arrangement. A properly drafted surrogacy agreement, reviewed by attorneys representing all parties independently, is essential.

9. Matching & Communication

DepartWith provides search and messaging tools to help you discover and connect with potential co-parents and donors. A few important points:

• We facilitate introductions based on the preferences and information you and other users provide. We do not guarantee any particular outcome, match quality, compatibility, or success.
• Because we do not independently verify user information, you are responsible for conducting your own due diligence — including asking questions, verifying claims, and seeking professional assessments — before entering into any arrangement with another user.
• Any agreements, commitments, or arrangements made between users are solely between those individuals. DepartWith is not a party to those arrangements and assumes no liability for their outcomes.
• Messages sent through the platform are subject to these Terms. Do not use private messaging to solicit prohibited conduct as described in Section 4.

10. Premium Subscriptions & Billing

DepartWith may offer premium features through paid subscription plans. If you choose to subscribe:

• Billing: Subscriptions are billed on a recurring basis (monthly or annually, depending on your chosen plan). By subscribing, you authorize us to charge your payment method at the start of each billing cycle. Payments are processed securely via Square.
• Cancellation: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to premium features until that date.
• Refunds: Subscription fees are generally non-refundable except where required by applicable law. If you believe you were charged in error, contact us at info@departwith.com within 14 days of the charge and we will investigate.
• Price changes: We may adjust subscription pricing with at least 30 days' advance notice. Continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing.
• Free features: Some features will remain free. We will always make clear which features require a paid plan before asking you to subscribe.

11. Privacy & Data Protection

We take your privacy seriously. Our Privacy Policy explains in full how we collect, use, store, and protect your personal information. By using the Service you agree to the collection and use of your data as described in that policy.

• We collect only the information necessary to operate and improve the Service.
• We do not sell your personal data to third parties.
• You can request a copy of your personal data or ask us to delete your account and associated data by contacting info@departwith.com. Deletion requests will be processed within 30 days, subject to any legal retention obligations.

12. Platform Status & User-Generated Content

DepartWith is an interactive computer service that enables user-generated content, including profiles, photos, messages, and other materials created and posted by its users. In accordance with Section 230 of the Communications Decency Act (47 U.S.C. § 230), DepartWith is not the publisher or speaker of any user-generated content and shall not be treated as such.

While we make good-faith efforts to moderate content and enforce our Community Guidelines, we do not and cannot review every piece of content before it is posted. We are not responsible for the accuracy, completeness, appropriateness, or legality of user-generated content, including but not limited to:

• Profile information, photographs, and biographical details posted by users.
• Claims about health history, genetic background, fertility status, or medical conditions.
• Representations about identity, intentions, professional qualifications, or financial status.
• Messages, proposals, or arrangements discussed between users on or off the platform.

You acknowledge that you interact with other users at your own risk and that DepartWith makes no representations or warranties regarding the identity, background, health, or intentions of any user. We strongly encourage you to independently verify all information before relying on it for any medical, legal, or personal decisions.

13. Assumption of Risk & In-Person Meetings

No Screening or Verification

DepartWith does not and cannot:

• Conduct criminal background checks, sex offender registry checks, or any other screening of users.
• Verify user identities beyond email confirmation. We do not verify names, photographs, ages, occupations, education, health claims, or any other profile information.
• Screen for health conditions, including sexually transmitted infections, genetic disorders, fertility status, or mental health conditions.
• Evaluate suitability of any user as a parent, co-parent, donor, surrogate, or partner.
• Monitor or supervise communications, meetings, or arrangements between users, whether on or off the platform.

DepartWith has no duty to investigate any user, verify any claim made on a profile, or ensure the safety of any interaction between users. The presence of a "Verified" badge on a profile indicates only that the user's email address has been confirmed — it does not indicate identity verification, background screening, or endorsement by DepartWith.

Risks You Accept

By using the Service, you acknowledge that interacting with other users — whether online or in person — carries inherent risks. You voluntarily assume all risks associated with such interactions, including but not limited to:

• Physical harm: assault, battery, sexual assault, injury, illness, or death.
• Health risks: sexually transmitted infections, pregnancy complications, genetic conditions, misrepresentation of health or fertility status, or exposure to communicable diseases.
• Emotional and psychological harm: emotional distress, harassment, stalking, manipulation, coercion, or deceptive conduct by other users.
• Financial harm: fraud, theft, scams, broken financial agreements, or failure to honor compensation terms in donor or surrogacy arrangements.
• Legal consequences: custody disputes, paternity or maternity claims, breach of donor or surrogacy agreements, immigration issues, or violation of local laws governing assisted reproduction.
• Misrepresentation: users providing false or misleading information about their identity, intentions, relationship status, health, fertility, criminal history, or any other matter.
• Child welfare concerns: disputes over parenting arrangements, disagreements about a child's upbringing, or failure of a co-parent to meet agreed-upon obligations.

Your Responsibilities

• Verify independently. Do not rely solely on information provided on a user's profile. Independently verify all claims about identity, health, background, and intentions before making any decisions.
• Meet safely. Always meet in a public place for the first time. Tell a trusted friend or family member where you are going, who you are meeting, and when you expect to return.
• Consult professionals. Before entering into any co-parenting, donor, or surrogacy arrangement, consult a licensed family law attorney in your jurisdiction. Before making any health-related decisions, consult a licensed medical professional.
• Use written agreements. Any arrangement involving co-parenting, sperm or egg donation, surrogacy, or financial commitments should be documented in a legally binding written agreement drafted or reviewed by a licensed attorney.
• Report concerns. If a user engages in threatening, abusive, fraudulent, or illegal behavior, report them immediately using the Report feature on their profile, and contact local law enforcement if you are in danger.

Release of Claims

To the fullest extent permitted by applicable law, you hereby release, waive, discharge, and covenant not to sue DepartWith, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns from any and all claims, demands, actions, causes of action, damages, losses, costs, expenses, and liability of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that arise from or relate in any way to your interactions with other users of the Service, whether those interactions occur on or off the platform.

This release includes, without limitation, claims arising from: personal injury, illness, death, emotional distress, property damage, financial loss, fraud, defamation, invasion of privacy, negligence, or any other theory of liability, whether based in contract, tort, statute, or equity.

Waiver of unknown claims: You expressly waive the benefits of California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You also waive the benefits of any similar statute or common law principle in any jurisdiction.

This release survives termination of your account and these Terms of Service.

14. DMCA & Copyright Policy

We respect the intellectual property rights of others. If you believe that content on DepartWith infringes your copyright, you may submit a takedown notice under the Digital Millennium Copyright Act (DMCA). For full details on how to file a notice, counter-notification procedures, and our repeat infringer policy, please see our DMCA Policy.

To report copyright infringement, contact us at info@departwith.com with the subject line "DMCA Takedown Notice."

15. Limitation of Liability

To the maximum extent permitted by applicable law, DepartWith and its officers, directors, 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 Service. This includes, without limitation, damages for loss of profits, goodwill, data, or other intangible losses, or for any personal, medical, or legal outcomes arising from arrangements made between users.

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any user information is accurate or complete.

In no event shall our total liability to you for all claims arising from or related to the Service exceed the greater of (a) the amount you have paid us in the twelve months preceding the claim, or (b) one hundred US dollars ($100).

16. Indemnification

You agree to defend, indemnify, and hold harmless DepartWith and its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service or any arrangements you enter into with other users.
• Content you post, upload, or transmit through the platform.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any rights of another person, including other users of the Service.

This indemnification obligation survives termination of your account and these Terms.

17. Dispute Resolution

We encourage you to reach out to us directly at info@departwith.com to resolve any concern informally first. Most issues can be addressed quickly through direct communication.

If informal resolution is not possible, any dispute arising under or related to these Terms shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English in the United States. You agree that any dispute resolution proceedings will be conducted on an individual basis only — not as part of any class, consolidated, or representative action. You waive any right to a jury trial in connection with any such dispute.

Nothing in this section prevents either party from seeking emergency injunctive relief from a court of competent jurisdiction to protect confidential information or intellectual property rights.

18. Termination

You may close your account at any time through your account settings or by contacting us at info@departwith.com.

We may suspend or terminate your account at any time if you violate these Terms, engage in conduct that harms other users or the integrity of the platform, or if we are required to do so by law. We will endeavor to notify you when practical, but reserve the right to act immediately in cases of serious violations.

Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination will remain in effect, including Sections 6 (User Content), 12 (Platform Status), 13 (Assumption of Risk), 15 (Limitation of Liability), 16 (Indemnification), and 17 (Dispute Resolution).

19. Modifications to These Terms

We may revise these Terms from time to time to reflect changes in the law, our practices, or the features of the Service. When we make material changes, we will update the "Last updated" date at the top of this page and notify you by email or an in-app notice before the changes take effect.

Your continued use of the Service after the effective date of any revision constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you should stop using the Service and delete your account.

20. Contact Us

If you have questions, concerns, or feedback about these Terms of Service, please get in touch:

Email: info@departwith.com

We aim to respond to all inquiries within 3 business days.