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Terms of Use

Tandem Terms of Use

Last updated: December 15, 2025

Welcome to Tandem Surrogacy (“Tandem Surrogacy”, “we”, “us”, or “our”). These Terms of Use (“Terms”) govern your access to and use of our website, online services, and any content, tools, or features we provide (collectively, the “Site”).

By accessing or using the Site, you (“you”, “your”, or “User”) agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use the Site.

Important: These Terms govern use of the Site and general informational services only. Any actual surrogacy services, program participation, matching, or case management will be governed by separate written agreements between you and Tandem Surrogacy and/or between you and other professionals (clinics, attorneys, mental-health providers, etc.).

1. Eligibility and Intended Audience

1.1 Age. The Site is intended for individuals who are at least 18 years of age. By using the Site, you represent and warrant that you are at least 18 years old and have the capacity to enter into a binding contract.

1.2 Location. The Site is intended for users located within the United States. If you access the Site from outside the United States, you are responsible for compliance with local laws.

1.3 Surrogacy & Legal Requirements. Participation in any surrogacy program is subject to additional eligibility criteria, screenings, and legal requirements that vary by state and country. Use of the Site does not guarantee that you qualify to become a gestational carrier or intended parent, nor that we can legally assist you where you reside.

2. Nature of Our Services (No Medical or Legal Advice)

2.1 Informational Purposes Only. The content on the Site (including articles, FAQs, blog posts, videos, and any other materials) is provided for general informational and educational purposes only. It is not medical advice, legal advice, financial advice, psychological counseling, or a substitute for professional advice of any kind.

2.2 No Provider–Patient Relationship. Use of the Site does not create a doctor–patient, therapist–patient, or any other healthcare provider relationship between you and Tandem Surrogacy or any professional referenced on the Site.

2.3 No Attorney–Client Relationship. Use of the Site does not create an attorney–client relationship between you and Tandem Surrogacy or any attorney referenced on or linked from the Site.

2.4 Professional Advice. You should always consult:

  • A licensed physician or other qualified healthcare provider for medical and fertility decisions
  • A licensed attorney experienced in assisted reproduction and family law for legal rights, obligations, and agreements
  • A mental-health professional for psychological support or evaluation

You agree that you are solely responsible for any decisions you make based on information obtained through the Site.

2.5 Not for Emergencies. The Site is not intended for use in emergencies. If you are experiencing a medical emergency, psychological crisis, or safety concern, call 911 or your local emergency number immediately.

3. Accounts and Registration

3.1 Account Creation. To access certain features of the Site, you may be required to create an account and provide accurate, current, and complete information.

3.2 Account Security. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us promptly of any unauthorized use or suspected breach of security.

3.3 Account Termination. We may suspend or terminate your account or restrict your access to the Site at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or abusive behavior, or if we deem it necessary to protect our users, partners, or operations.

4. Your Responsibilities and Acceptable Use

By using the Site, you agree that you will not:

  • Use the Site for any unlawful purpose or in violation of any applicable law or regulation
  • Misrepresent your identity, qualifications, medical history, or any material fact in any inquiry or form submitted through the Site
  • Harass, threaten, or harm any other user, gestational carrier, intended parent, or professional
  • Upload or transmit any content that is defamatory, obscene, hateful, discriminatory, or otherwise objectionable
  • Attempt to gain unauthorized access to any part of the Site, accounts, systems, or networks
  • Interfere with or disrupt the operation of the Site (including by introducing viruses, malware, or malicious code)
  • Use any automated means (such as bots or scraping tools) to access or collect data from the Site without our prior written permission

We reserve the right to investigate and take appropriate action against any violations, including termination of access or reporting to law enforcement.

5. Communications and Electronic Notices

5.1 Electronic Communications. By using the Site or contacting us, you consent to receive communications from us electronically (including email, SMS/text messages, or messages via the Site).

5.2 Text Messages. If you opt in to receive SMS/text messages, you agree that we may send you messages related to inquiries, case updates, scheduling, or other relevant information. You can opt out of marketing messages by following the instructions in the message. Message and data rates may apply.

5.3 No Secure Channel Guarantee. While we take reasonable steps to protect your information, electronic communications may not be fully secure or error-free. Please avoid sending highly sensitive medical or legal details via unencrypted email or text.

6. Intellectual Property

6.1 Ownership. The Site and all content, features, and functionality (including text, graphics, logos, icons, images, videos, and software) are owned by Tandem Surrogacy or its licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use only, in accordance with these Terms.

6.3 Restrictions. You may not:

  • Reproduce, distribute, modify, or create derivative works of any content on the Site without our prior written consent
  • Use our trademarks, service marks, or logos without our written permission
  • Frame, mirror, or otherwise incorporate the Site or any part of it into any other website or service without authorization

7. User Content

7.1 Your Submissions. You may be able to submit information to us through forms, surveys, emails, testimonials, or other mechanisms (“User Content”). You are solely responsible for the accuracy, quality, and legality of any User Content you provide.

7.2 License to Us. By providing User Content, you grant Tandem Surrogacy a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such User Content as reasonably necessary to operate the Site, respond to your inquiries, and improve our services. If you provide testimonials or feedback, you additionally grant us the right to use your feedback (with identifying information only as agreed) for marketing and promotional purposes.

7.3 Prohibited Content. You agree not to submit User Content that:

  • Violates any law or the rights of any third party
  • Contains confidential information of others without authorization
  • Contains sensitive personal data about someone else (e.g., medical info of a third party) without their valid consent

8. Third-Party Services and Providers

8.1 Independent Professionals. As part of surrogacy journeys, you may interact with independent third parties, including fertility clinics, doctors, mental-health professionals, attorneys, labs, escrow companies, and insurance providers (“Third-Party Providers”). These Third-Party Providers are not employees or agents of Tandem Surrogacy.

8.2 No Responsibility for Third Parties. We are not responsible for:

  • The acts, omissions, advice, or services provided by any Third-Party Provider
  • The accuracy or completeness of information provided by Third-Party Providers
  • Any disputes between you and a Third-Party Provider

You acknowledge that you are free to choose your own professionals and that any professional relationships are between you and those providers.

8.3 Third-Party Websites. The Site may contain links to third-party websites or resources. These links are provided for convenience only; we do not control or endorse such sites and are not responsible for their content or practices. Your use of third-party sites is at your own risk.

9. No Guarantee of Matching or Outcomes

9.1 No Guarantee of Match. While we strive to facilitate thoughtful, ethical, and appropriate matches between gestational carriers and intended parents, Tandem Surrogacy cannot and does not guarantee:

  • That a suitable match will be found
  • That any particular individual will be willing or eligible to work with you
  • That any match will proceed to contract, pregnancy, or birth

9.2 No Guarantee of Medical Outcomes. Fertility treatment and pregnancy carry inherent uncertainties and risks. We do not guarantee:

  • Fertilization, implantation, pregnancy, or live birth
  • That any pregnancy will be free of complications
  • The health of any child born through the surrogacy process

Any medical or success-rate information provided is general in nature and not a promise or guarantee for your specific situation.

10. Fees and Payments (If Applicable)

Portions of our services may be subject to fees and separate written agreements. Any such fees, payment schedules, and refund policies will be detailed in separate contracts entered into between you and Tandem Surrogacy and/or applicable third parties. These Terms do not alter or supersede the terms of any specific surrogacy or service agreement you sign.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

11.1 Site Provided “As Is.” The Site and its content are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied.

11.2 No Warranties. Tandem Surrogacy makes no warranties or representations about the accuracy, completeness, reliability, or timeliness of the Site or any content. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.3 No Guarantee of Results. Any descriptions of past experiences, testimonials, or success stories are not guarantees of future results. Each surrogacy journey is unique and subject to many factors beyond our control.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

12.1 Exclusion of Certain Damages. In no event shall Tandem Surrogacy, its owners, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, loss of data, emotional distress, or other intangible losses arising out of or related to your use of (or inability to use) the Site.

12.2 Liability Cap. To the extent we are found liable to you for any claim arising from or related to the Site, our aggregate liability shall not exceed one hundred U.S. dollars (US $100) or the amount you paid us (if any) for access to the Site in the six (6) months prior to the event giving rise to the claim—whichever is greater.

12.3 Jurisdictional Limits. Some jurisdictions do not allow exclusion of certain warranties or limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you. In such jurisdictions, Tandem Surrogacy’s liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Tandem Surrogacy and its owners, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

  • Your use of the Site
  • Your violation of these Terms
  • Your violation of any law or the rights of any third party

14. Governing Law

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict-of-laws rules.

Because the Site is intended for users in the United States, certain federal consumer protection laws may also apply to you.

15. Dispute Resolution and Arbitration (U.S. Consumers)

Please read this section carefully. It affects your legal rights.

15.1 Informal Resolution First. Before filing any claim against us, you agree to try to resolve the dispute informally by contacting us at the email address listed in Section 18. We will attempt to resolve the dispute informally by contacting you. If a dispute is not resolved within 30 days after it is submitted, either you or we may bring a formal proceeding.

15.2 Agreement to Arbitrate. To the fullest extent permitted by applicable law, you and Tandem Surrogacy agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our relationship (collectively, “Disputes”) will be resolved through binding individual arbitration rather than in court, except as set forth below.

15.3 Exceptions. Either you or we may:

  • Bring an individual action in small claims court in Salt Lake County, Utah, if the claim qualifies; and/or
  • Seek temporary or preliminary injunctive relief in court to protect intellectual property rights or confidential information.

15.4 Class Action Waiver. To the fullest extent permitted by law, Disputes must be brought on an individual basis only and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate more than one person’s claims or preside over any form of a class, collective, or representative proceeding.

15.5 Arbitration Rules and Forum. The arbitration will be administered by a reputable arbitration provider (such as the American Arbitration Association (“AAA”) or Judicial Arbitration and Mediation Services (“JAMS”)) under its applicable rules for consumer disputes, as modified by these Terms. If those rules conflict with these Terms, these Terms will apply to the extent permitted by law.

  • The arbitration will be conducted in Salt Lake City, Utah, USA, or by video conference/remote means if the arbitrator and parties agree.
  • The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.6 Arbitration Costs. The arbitration provider’s rules will govern payment of all arbitration fees. We will pay all arbitration filing, administration, and arbitrator fees for claims totaling less than $10,000, unless the arbitrator determines that your claims are frivolous. Each party will bear its own attorneys’ fees, unless applicable law provides otherwise.

15.7 30-Day Right to Opt Out. If you are a new user, you may opt out of this agreement to arbitrate by sending us written notice (including your name, email address, and a clear statement that you do not agree to arbitration) within 30 days after you first accept these Terms. Send your opt-out notice by mail to the address in Section 18. If you opt out, neither you nor we will be required to participate in arbitration, and you may bring claims in court, subject to Section 16 (Venue).

15.8 Severability (Arbitration). If any part of this Section 15 is found unenforceable, the unenforceable portion will be severed and the remainder will remain in full force and effect, except that if the class action waiver in Section 15.4 is found unenforceable, then this entire Section 15 will be null and void.

16. Venue

Subject to Section 15 (Dispute Resolution and Arbitration), you agree that any legal action or proceeding arising out of or related to these Terms or your use of the Site that is not required to be arbitrated shall be brought exclusively in the state or federal courts located in Salt Lake City, Salt Lake County, Utah, USA, and you consent to the personal jurisdiction of such courts.

17. Changes to the Site and Terms

17.1 Site Changes. We may modify, suspend, or discontinue any part of the Site at any time, with or without notice.

17.2 Changes to Terms. We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.

18. Contact Us

If you have any questions about these Terms or the Site, you may contact us at:

Tandem Surrogacy
50 W Broadway Ste 333 PMB 568177
Salt Lake City, Utah, USA
jana@tandemsurrogacy.com
(801)602-5299