Terms of Service

Welcome to Help Create Families. Our platform empowers our members to refer potential surrogate and egg donor candidates to us. Upon the successful completion of their roles by these candidates, our referral partners earn a commission.

Help Create Families is based in California, USA, and our services are specifically offered to individuals within the United States.

Help Create Families is ISO 27001 certified and compliant with key regulations including HIPAA, GDPR, and CCPA.

By accessing or using our platform, you agree to comply with the following Terms of Service ("Terms"). Please read these Terms carefully, as they outline your rights, responsibilities, and the rules governing your use of our services. If you do not agree with any part of these Terms, please refrain from using our platform.

• Personal Identifiable Information (PII): We collect PII such as names, phone numbers, and email addresses through forms and during account creation. This PII is used to facilitate our services, including managing user accounts and enabling participation in our referral programs.
• User account creation: To become a referral partner, you will need to create an account. Required information includes your name, email, phone number, address, and a unique password. You agree to provide accurate and complete information and to keep it current. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• Protected Health Information (PHI): While our primary audience does not directly provide PHI, we collect PHI for the surrogate and egg donor candidates they refer. This PHI is encrypted in transit (TLS/SSL) and at rest (AES-256), with role-based access control, login credentials, and activity log tracking restricting unauthorized access.
• Third-party sharing: We share anonymized user behavior data with third parties for marketing and analysis; this data cannot be traced back to individuals. PHI is shared only with concerned healthcare providers after explicit user consent, and only the necessary data required to offer better health services. All third parties handling PHI have Business Associate Agreements (BAAs) in place, and all employees complete mandatory HIPAA compliance and data security training.
• Data retention and deletion: General user data is retained without a predetermined tenure. PHI is stored per compliance with HIPAA, GDPR, and CCPA, and PHI data retention is usually 30 days. Users can send a formal request to delete their data by emailing info@helpcreatefamilies.com; identity may be verified through email and call verification.

HIPAA compliance

• Help Create Families handles Protected Health Information (PHI) for the surrogate and egg donor candidates referred to us.
• PHI is encrypted in transit using TLS/SSL and at rest using AES-256 encryption.
• Access controls include role-based access control, login credentials, and an activity logs tracker.
• All employees undergo mandatory HIPAA compliance and data security training.
• We have documented procedures for responding to data breaches involving PHI, following the HIPAA-outlined response procedure that every BAA-agreed party adheres to.

CCPA compliance

• California residents have the right to opt out of the sale of their personal information, and we provide mechanisms to honor this right.
• We verify the identity of users submitting CCPA requests through email and call verification.

By using our platform, you agree to adhere to the following responsibilities:

• Prohibited conduct: You are strictly prohibited from engaging in any misuse of the platform, including fraudulent activities or the unauthorized sharing of any data obtained through our services.
• Data protection: You are responsible for maintaining the security and confidentiality of your account login credentials, and shall not share your login information with unauthorized individuals.
• Age restriction: You must be at least 18 years of age to access or use our services. Our website does not cater to children below 18, and we do not knowingly collect or accept their information. If we become aware that a user under 18 has provided personal information, we will delete it and terminate the account.
• Accurate information: You agree to provide accurate and complete information when creating your account and to keep it current.

Our platform integrates with various third-party services to enhance functionality and provide a better user experience. These integrations may include marketing services, analytics tools, and Customer Relationship Management (CRM) systems.

These third-party service providers are compliant with relevant data protection regulations, including HIPAA and CCPA where applicable. Users are informed about the role of these third-party services in data processing through our Privacy Policy, which is readily accessible.

This platform and all of its contents — including the Help Create Families name, logo, images, text, graphics, software, and other materials (collectively "Company Intellectual Property") — are protected by copyright, trademark, and other intellectual property laws.

Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our platform and its content solely for the purpose of participating in our referral programs as outlined in these Terms.

Except as expressly permitted in writing by Help Create Families, you are strictly prohibited from:

• Using the Help Create Families name, logo, or any other trademarks in any manner that suggests affiliation with or endorsement by Help Create Families without our prior written consent.
• Reproducing, distributing, modifying, creating derivative works of, publicly displaying, or publicly performing any Company Intellectual Property without express written consent.
• Using any Company Intellectual Property for commercial purposes outside the scope of your participation in our authorized referral programs.
• Removing, altering, or obscuring any copyright, trademark, or other proprietary notices displayed on the platform.

User-generated content

By submitting reviews, testimonials, or other content to Help Create Families, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable right to use, modify, and display your content in any media format. All submissions must be truthful, respectful, and free of offensive language or personal information unless explicitly permitted. You are responsible for ensuring the accuracy of your content and confirming you own the rights or permissions to share it. We reserve the right to edit, remove, or refuse content that violates these guidelines. User-generated content does not reflect our views, and we are not liable for decisions based on such content. To report inappropriate content, contact us at info@helpcreatefamilies.com.

• Limitation of liability: While we strive to provide accurate information, Help Create Families cannot guarantee liability for any errors that may occur in anonymized data or for any interruptions in service. Our platform is provided on an "as-is" and "as-available" basis. To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of or inability to use our platform.
• Termination of service: We reserve the right to suspend or terminate your account at any time if you violate these Terms or fail to comply with our policies, including misuse, fraudulent activity, or unauthorized sharing of data. Accounts may also be terminated due to prolonged inactivity, though we may attempt to notify you first.
• Dispute resolution: Any dispute arising out of or relating to these Terms shall be subject to the governing law and exclusive jurisdiction of the courts in San Diego, California, USA. We encourage you to first contact us at info@helpcreatefamilies.com to resolve any issues informally.

Eligibility and enrollment

• Participation in the Program is open to individuals, organizations, and entities who meet the eligibility criteria.
• You must be of legal age and capable of entering into binding agreements, not a minor in the jurisdiction where you reside, and in compliance with all applicable laws and regulations.
• To become a Referral Partner, you must complete the enrollment process provided by Help Create Families, which may include providing necessary information and agreeing to these Terms.
• Help Create Families reserves the right to approve or reject any enrollment application at its sole discretion.

Referral process

• Making referrals: As a Referral Partner, you can refer eligible individuals or entities to Help Create Families. Referrals must meet the eligibility criteria set forth in these Terms.
• Tracking referrals: Referrals must be properly tracked through the unique referral links or codes provided to you. It is your responsibility to ensure accurate tracking.
• Crediting referrals: Referrals will be credited to your account when they meet the conditions specified by Help Create Families, including successful sign-ups, purchases, or other milestones.

Compensation and payments

• Referral Partners may be eligible for compensation as outlined in the Program details. Compensation may vary based on the type and success of referrals.
• Payments will be made according to the payment schedule specified by Help Create Families.
• Certain conditions or milestones may apply to receive compensation; these will be communicated through the Program details.
• Referral Partners are responsible for any taxes or fees associated with compensation received.

You agree not to instruct or encourage any applicant to misrepresent their circumstances or provide inaccurate information in their application to Help Create Families and related programs. Doing so constitutes a material violation of these Terms and may be considered fraudulent activity by the applicants themselves.

Misrepresentation can include, but is not limited to, providing false or misleading information about compensation, eligibility, medical conditions, financial situation, or other relevant details.

Such actions compromise the integrity of the program and potentially deprive truly deserving families of support, and expose our organization and legal team to unnecessary risk. We are committed to operating with the highest ethical standards and ensuring only eligible individuals benefit from the program. Instructing applicants or other referral partners to provide inaccurate information is grounds for immediate removal from the program.

Consequences

• Immediate removal from the Program.
• Disqualification from receiving any compensation or benefits.
• Legal actions as deemed necessary.

If you become aware of any Referral Partners or individuals engaging in misrepresentation or fraudulent activities related to the Program, it is your responsibility to report such activities to Help Create Families immediately.

We maintain a zero-tolerance policy for misrepresentation and fraud. By participating in the Program, you agree to abide by these principles.

• Conduct: Referral Partners must conduct themselves with professionalism and integrity at all times when representing the Program. Any form of misconduct, including deceptive practices, misrepresentation of the Program, or engaging in illegal activities, is strictly prohibited.
• Representation: Referral Partners are authorized to represent the Program solely in accordance with the guidelines and materials provided by Help Create Families. Unauthorized representations or use of the Program’s name, logo, or materials are not permitted.
• Compliance with laws: Referral Partners must comply with all applicable laws, regulations, and industry standards. Any violation of local, state, or federal laws may result in immediate termination from the Program.

Confidentiality and data protection

• Personal data handling: Referral Partners shall handle all personal data in accordance with applicable data protection laws. Personal data should be collected, stored, and processed securely.
• Privacy commitment: Help Create Families pledges to protect the privacy of all individuals referred through the Program. Referral Partners shall not disclose or misuse any personal information provided by applicants.
• Confidentiality: All information, documents, and materials provided by Help Create Families are considered confidential and shall not be disclosed or shared without prior authorization.

Termination and suspension

• Breach of terms: Referral Partners found in breach of these Terms, including prohibited activities, misrepresentations, or violations of laws, may be subject to immediate termination.
• Misuse of personal data: Any unauthorized use or disclosure of personal data, as well as any violations of data protection laws, may result in suspension or termination.
• Failure to comply: Referral Partners who consistently fail to comply with Program guidelines, representations, or instructions may face termination.
• Other violations: Help Create Families may also terminate or suspend participation for any other violations or misconduct as deemed necessary.

Our Terms of Service and Privacy Policy are reviewed and updated periodically. We reserve the right to update or modify these Terms to reflect changes in our practices, legal requirements, or operational needs — especially when there are changes to how user data is collected and used, or when significant changes occur in relevant policies or laws.

Users are notified of updates by the last update date clearly shown on both the Terms of Service and Privacy Policy pages. We encourage you to review these pages periodically to stay informed of any changes.

If you have any questions, concerns, or requests regarding these Terms of Service, our practices, or your experience with Help Create Families, reach out to us at info@helpcreatefamilies.com. Our team is committed to addressing your inquiries promptly and ensuring transparency in all communications.