Hatch
Hatch

Hatch Terms of Service

LAST UPDATED: December 3, 2025

Please read these Terms of Service ("Agreement", "Terms of Service") carefully as they govern your access to and use of our website(s) (“Site”), Hatch+, our products including but not limited to Restore, Rest, Rest+, Rest Go, Hatch Baby, Grow, and including the Hatch Sleep and Hatch Baby apps (“Apps”)) (collectively with the Site, our "Offerings"). This Agreement constitutes a legal agreement between Hatch Baby, Inc. ("Hatch", "us", "we", or "our") and you ("you"). This Agreement takes effect when you access or use our Offerings in any manner, including using our Apps, purchasing our products or visiting or browsing our Sites or services. You agree to be bound by these Terms of Service.

U.S. RESIDENTS, PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH HATCH ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 10). PLEASE READ IT CAREFULLY.

1. Acceptance of Terms of Service

  1. By registering for and/or using our Offerings in any manner, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which may be updated from time to time without notice to you, other than as required by applicable law. 
  2. Certain of our Offerings may be subject to additional terms and conditions specified by us and notified to you from time to time; your use of our Offerings is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
  3. These Terms of Service apply to all users of the Offerings, including, without limitation, users who are contributors of Content, information, and other materials or services, registered or otherwise.
  4. Our Offerings may contain general health and wellness information. All information and communication provided through our Offerings, including but not limited to communications with Hatch-designated “experts” is intended for general information purposes only and is in no way a substitute for professional medical diagnosis or treatment. Hatch, itself, does not provide medical or health advice, care, diagnosis, or treatment. You should not use the Offerings or any information provided in the Offerings for diagnosing or treating a health problem, and reliance on any information provided by Hatch is solely at your own risk. If you have a medical emergency, you should call 911 (or emergency services) or your doctor immediately. If you have any health-related questions, please call or see your doctor or other medical provider. 

2. Eligibility

  1. You confirm, represent and warrant that you are at least 18 years of age. If you are under age 18, you may not use our Offerings. You are solely responsible for ensuring that your use of our Offerings  are in compliance with all laws, rules and regulations applicable to you. Further, the Offerings are offered only for your use, and not for the use or benefit of any third party.
  2. Some of our Offerings may be subject to certain minimum technical requirements, such as the latest version of your mobile operating system. Where this is the case, this information will be provided to you.

3. Registration

  1. To use certain features of our Offerings, including to sign up for the Apps, you must register for an account (an "Account"). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.
  2. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's Account or registration information for the Offerings without permission. You must notify us immediately of any change in your eligibility to use the Offerings (including any changes to or revocation of any licenses from authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.

4. Access to the Offerings

  1. Subject to these Terms of Service, Hatch grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Offerings solely for your own personal, non-commercial use.
  2. To the extent permitted by applicable law, the rights granted to you in these Terms of Service are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Offerings, whether in whole or in part, or any Content displayed on the Site or in any Offering; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or any Offering; (c) you shall not access the Offerings in order to build a similar or competitive website, product, or service; and (d) except as expressly stated in these Terms of Service, no part of the Offerings may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Offerings shall be subject to these Terms of Service. All copyright and other proprietary notices on the Offerings (or on any Content displayed on the Offerings) must be retained on all copies thereof.
  3. You acknowledge and agree that, except where required by applicable law, we will have no obligation to provide you with any support or maintenance in connection with the Offerings.
  4. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Offerings and its content are owned by Hatch, its licensors or its suppliers. Neither these Terms of Service (nor your access to the Offerings) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 4.1 above. Hatch, its licensors, and its suppliers reserve all rights not granted in these Terms of Service. There are no implied licenses granted under these Terms of Service.

5. Content

  1. Definition. For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, software, algorithms, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Offerings together with all User Content (as defined below).
  2. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Offerings by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. Your User Content is all User Content provided by you, or by others for you on your behalf or at your invitation through your Account, and you represent that your User Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Offerings is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from such use, unless prohibited by applicable laws. We do not guarantee that any Content you access on or through the Offerings is or will continue to be accurate. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Rules of Conduct (set forth below). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Hatch. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
  3. Notices and Restrictions. The Offerings may contain Content provided by us, our partners or our users that is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Offerings.
  4. License. You hereby grant (and you represent and warrant that you have the right to grant) to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide, unconditional, unrestricted, perpetual, and fully sublicensable right and license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, in any form or format, through any transmission mechanism(s), in whole or in part, in or on any and all media whether now known or hereafter invented, discovered or devised, alone or together or in combination with other things, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Offerings. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content in favor of Hatch, and anyone acting with its permission.
  5. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Offerings.
  6. Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Rules of Conduct, applicable laws, or any other provision of these Terms of Service or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

6. Rules of Conduct

  1. As a condition of use, you promise not to use the Offerings for any purpose that is prohibited by these Terms of Service or applicable laws. You are responsible for all of your activity and all activity associated with your Account in connection with the Offerings.

  2. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Offerings, including without limitation any User Content, that:

    1. violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    2. you know is false, misleading, untruthful or inaccurate;
    3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, harmful to minors in any way, or is otherwise inappropriate as determined by us in our sole discretion;
    4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming") or run any manner of auto-responder;
    5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, bypass, circumvent or interfere with the proper function of any software, or hardware, or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
    6. impersonates any person or entity, including any of our employees or representatives; or includes anyone's identification documents or sensitive financial information.
    7. is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
  3. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Offerings(including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Offerings, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder, (iv) harvest, scrape any Content from our Offerings using manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (v) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (vi) send through the Offerings unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (vii) use the Offerings to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (viii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Offerings, or violate the regulations, policies or procedures of such networks; (ix) attempt to gain unauthorized access to the Offerings (or to other computer systems or networks connected to or used together with the Offerings), whether through password mining or any other means; (x) harass or interfere with any other user's use and enjoyment of the Offerings; or (vi) use software or automated agents or scripts to produce multiple Accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
  4. You shall abide by all applicable local, state/provincial, national and international laws and regulations.
  5. To the extent not prohibited under applicable law, we also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

7. Products

  1. Hatch Products. Descriptions, images, references, features, content, specifications, products, prices, and availability of any products made available through the Offerings are subject to change without notice unless required by applicable law, and our current prices can be found on the Offerings. The inclusion of any products on the Offerings at a particular time does not imply or warrant that these products will be available at any time or the price will remain the same. We reserve the right, with or without prior notice unless required by applicable law, to limit the available quantity of or discontinue any product; to honor or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product.
  2. Third Party Products. Descriptions, images, references, features, content, specifications, products, prices, and availability of any third party products made available through the Offerings are subject to change without notice unless required by applicable law, and current prices can be found on the Offerings. We make reasonable efforts to accurately display the attributes of the products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on the Offerings at a particular time does not imply or warrant that these products will be available at any time or the price will remain the same. It is your responsibility to comply with all applicable local, state/provincial, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any product purchased through the Offerings. We reserve the right, with or without prior notice unless required by applicable law, to limit the available quantity of or discontinue any product; to honor or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product.

8. Payments and Billing

  1. Paid Offering. Certain of our Offerings may be subject to payments now or in the future (each a "Paid Offering"). Please note that any payment terms presented to you in the process of using or signing up for a Paid Offering are deemed part of this Agreement.
  2. Free Trial. With certain Offerings you may have premium options with a free trial. If a free trial is activated, at the time the free trial expires you will be enrolled in and billed for a monthly or annual subscription unless you cancel before the free trial period ends (see below for details on cancellation). All subscriptions purchased through the Apple App Store or Google Play Store are managed exclusively through the Apple App Store or Google Play Store. For subscriptions purchased through Hatch, you can manage your subscription by logging in to hatch.co/my-hatch or contact our team at https://www.hatch.co/support. 
  3. Paid Monthly and Annual Subscriptions; Cancellations. When you set up premium services you have the option to select monthly or annual billing for a subscription. Your plan will continue on a monthly or annual basis until you, or we, cancel your subscription. Your paid subscription will automatically commence on the first day following the end of your trial period (if applicable), and will automatically renew on a monthly or annual basis depending on your election. By setting up a premium services subscription, you hereby request the immediate provision of those services and acknowledge that you will lose any applicable statutory cancellation rights as a result of this. All subscriptions purchased through the Apple App Store or Google Play Store are managed exclusively through the Apple App Store or Google Play Store. For subscriptions purchased through Hatch, if you want to cancel or change your subscription, you can do so at any time: just log in to hatch.co/my-hatch or contact our team at https://www.hatch.co/support. To avoid being charged, you must cancel your subscription by the end of the last day of your subscription term. Your cancellation will take effect at the end of the current month or annual subscription term that you have purchased. To the fullest extent permitted by applicable law, cancellation does not entitle you to the refund of any previously paid fees, and you will not receive a prorated refund for the remainder of the subscription term, but you will continue to have full access to the subscription until the end of the current subscription term.
  4. Billing. When you purchase through our Site and use a credit card for your payment, we use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account on the Offerings (your "Billing Account") for use of the Paid Offering. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error made by the Payment Processor.
  5. Payment Method. By choosing to use Paid Offering, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Offerings in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. 
  6. Returns & Refunds. If for any reason you would like a refund on your product, please initiate a return within 30 days of your ship date by visiting https://shop.hatch.co/apps/returns. To return your Product through this link, it must have been purchased directly from Hatch.co within 30 days of the ship date. If possible, please return all items in their original packaging. You assume the risk of loss or damage during return shipping. We do not provide a refund for returned products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use. Finally, we do not provide a refund for returned Product requests that are abusive or unfairly taking advantage of our policy, including but not limited to, repeat refund requests on the same Product or repeat refund requests without return of the applicable Product.
  7. Current Information Required. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled (including for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your Billing Account unless you have terminated your paid services as set forth above.
  8. Termination. We may terminate your access to all or any part of the Offerings at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. Subject to applicable law, any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Warranty & Warranty Disclaimer

  1. As described below, a Hatch one-year limited warranty is available only to the original purchaser who buys a new and/or certified refurbished Hatch Product directly from Hatch or from an authorized reseller.

    Your Hatch Product is warranted against defects in materials and workmanship for one (1) year from the date of registration when used in accordance with Hatch’s user manuals.

    To register your Hatch Product you must connect to the Product via the corresponding app (Hatch Sleep and/or Hatch Baby, as applicable). Rest Go cannot be registered via the Hatch Sleep app since it’s not app-connected. Should you need to initiate a warranty claim on a Rest Go, proof of purchase, including the date of purchase, will be required. Without proof of purchase, a warranty claim cannot be filed for Rest Go. Products purchased by unauthorized resellers are not covered by any warranty.

    Hatch is not responsible and will not cover damage or defects caused by (a) normal wear and tear; (b) misuse, accident, abuse; (c) failure to follow Product instructions. These include but are not limited to: using a power cord not manufactured by Hatch, dropping the Product, water damage, traveling with Grow, storing Grow in anything other than original packaging, repeated moving of Grow, leaning on Grow, allowing your child to jump on the Product, dragging Grow across a surface, removing the feet of Grow, and/or shipping Grow to another location. Hatch may limit the number of replacement products any individual can receive and the replacement device provided may be a refurbished product.

    United States Customers: To initiate a limited warranty claim, the purchaser must contact Hatch Customer Support within one year of purchase. Warranty claims must be directly initiated with Hatch Customer Support by heading to hatch.co/support and submitting a request. Hatch will provide a return shipping label for products being returned for warranty service; the consumer assumes all risk of loss or damage while the product is in transit. 

    Customers outside of the United States: Customers residing outside of the United States can initiate a warranty claim directly through our support team for any new item purchased directly from Hatch or an authorized reseller by heading to hatch.co/support. Purchasers of refurbished items from authorized resellers outside of the United States should contact the seller for warranty support. As applicable, any import duty and tax owed at the time of import of a warranty replacement is the responsibility of the customer. Should Hatch require the device back for warranty service, customers are responsible for arranging and covering the shipping expenses for the defective device. The shipping address for warranty service can be provided by our customer support team. 

    **We are unable to provide warranty service outside of North America, the United Kingdom, the European Union, or Australia.

    Units that are determined to have been damaged in a manner that voids the warranty will not receive a replacement. Replacement units are not covered by warranty.

  2. Other than as expressly provided in these Terms, we have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding (i) which users gain access to the Offerings; (ii) what Content you access via the Offerings; or (iii) how you may interpret or use the Content.
  3. To the full extent permissible by applicable law and except where prohibited for individuals residing in the province of Quebec, the Offerings and Content are provided on an "as is" basis, "as available" and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the Offerings will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any Content or software available at or through the Offerings is free of viruses or other harmful components; or (iv) the results of using the Offerings will meet your requirements. Your use of the Offerings is solely at your own risk and you acknowledge and agree that you do not rely on the services. Nothing in this Section affects any statutory rights afforded to you by consumer laws in your jurisdiction.
  4. NOT MEDICAL ADVICE. The Offerings, Content and our products, and those products featured on our Site are not medical and are not intended to be used as medical devices or as medical instruction.Our Offerings may contain general health and wellness information that is intended for general information purposes only and is in no way a substitute for professional medical diagnosis or treatment. Hatch, itself, does not provide medical or health advice, care, diagnosis, or treatment. You should not use the Offerings or any information provided in the Offerings for diagnosing or treating a health problem, and reliance on any information provided by Hatch experts is solely at your own risk. If you have a medical emergency, you should call 911 (or emergency services) or your doctor immediately. If you have any health-related questions, please call or see your doctor or other medical provider.
  5. Indemnification. You agree to defend, indemnify, and hold us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives harmless from and against all liabilities, claims, actions, demands, settlements, and expenses, including, without limitation, reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Offerings, Content, or otherwise from your User Content, violation of these Terms of Service or applicable laws or regulations, or infringement by you, or any third party using your Account or identity in the Offerings, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  6. Limitation of Liability. To the full extent permissible by applicable law and except where prohibited for individuals residing in the province of Quebec, in no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Offerings (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) except where required by applicable law, for any direct damages in excess of (in the aggregate) of the greater of (a) fees paid to us for the particular services during the immediately previous three (3) month period or (b) $500.00.

10. ARBITRATION CLAUSE & CLASS ACTION WAIVER 

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT (THE “ARBITRATION AGREEMENT”).  THIS SECTION MAY SIGNIFICANTLY AFFECT HOW CLAIMS YOU MAY HAVE AGAINST HATCH, OR CLAIMS HATCH MAY HAVE AGAINST YOU, WILL BE RESOLVED.  THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.  THIS SECTION ALSO CONTAINS PROCEDURES FOR FINAL BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION (COLLECTIVELY, “CLASS ACTION”) IN ARBITRATION OR LITIGATION.

THIS DISPUTE RESOLUTION SECTION ALSO ADDRESSES THAT YOU AND HATCH ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION SUBJECT TO THE LIMITED EXCLUSION BELOW.  IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. 

For the purposes of this Section, the terms “Hatch,” “our,” “we,” or “us” include Hatch Baby, Inc., its officers, directors, employees, agents, licensors, and partners.

This section applies to individuals residing in the United States.

  1. Arbitration Agreement. YOU AND HATCH AGREE THAT ALL DISPUTES (DEFINED BELOW) SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.   NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT SO LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS ACTION BASIS).  ANY DISPUTE OVER WHETHER CLAIMS QUALIFY FOR SMALL CLAIMS COURT IS FOR THE SMALL CLAIMS COURT TO DECIDE IN THE FIRST INSTANCE AND, IF NECESSARY, FOR A COURT OF COMPETENT JURISDICTION TO DECIDE.

    YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. 

    For purposes of this Section, “Dispute” shall include, but is not limited to, any claims or controversies between you and Hatch that are related in any way to these Terms of Service, including, but not limited to, your use of our Offerings, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or any communications between you and Hatch, whether occurring on the Offerings or otherwise, even if the Dispute arises after the termination of your relationship with Hatch.  “Dispute” also includes, without limitation, claims that: (a) you bring against Hatch; (b) Hatch brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and Hatch, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you entered into these Terms of Service or out of a prior agreement with Hatch (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a member of a certified class; and/or (f) arise after the termination of these Terms of Service. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property or claims for personal bodily injury, which shall not be subject to arbitration or the notice and informal process described below. 

    The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which are for a court of competent jurisdiction to decide.

    1. A. Mandatory Pre-Arbitration Informal Dispute Resolution.  You and Hatch agree that good-faith informal efforts to resolve Disputes often can result in a prompt, low-cost and mutually beneficial outcome.  Therefore, you and Hatch agree to engage cooperatively to try and resolve any Dispute informally prior to you or Hatch initiating an arbitration proceeding.

      The party initiating the Dispute, whether it be you or Hatch, must first send a written notice to the other party providing a detailed description of the Dispute, including at least the following information: (1) the initiating party’s name and contact information (address, telephone number, email address, and account number if applicable); (2) sufficient information to enable you or Hatch to identify any transaction at issue (including any receipts or purchase details); (3) the nature and basis of the Dispute and any claims; and (4) the nature and basis of the relief sought (including a calculation of any damages).  Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel).  Our notice to you must be personally signed by a Hatch representative (and our attorney if we are represented by legal counsel). 

      Your notice to Hatch must be sent to the following:

      Hatch Baby, Inc.
      3790 El Camino Real
      Unit #627
      Palo Alto, CA 94306
      Attn: Legal Department

      Our notice to you must be sent to the most recent contact information that you have provided to us.

      The initiating party must allow the other party 60 days to respond and attempt to resolve the Dispute amicably before initiating an arbitration or other proceeding per the terms set forth below.

      For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute.  If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized, telephone dispute resolution conference (and if you are represented by an attorney, your attorney may also participate) in a good-faith effort to informally resolve the Dispute.  If requested by you in connection with a notice initiated by us, we agree to personally participate in an individualized, telephone dispute resolution conference (and if Hatch is represented by counsel, Hatch’s counsel may also participate) in a good-faith effort to informally resolve the Dispute.  If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below.  Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration, and the arbitrator shall dismiss any arbitration demand filed before completion of this informal dispute resolution process.  

      Any applicable limitations period (including statute of limitations) and filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution.

      If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue.  The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees.  You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

    2. Arbitration Rules and Procedures, Individualized Relief; Fees.  

      In order to initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration and file the demand with JAMS (f/k/a Judicial Arbitration and Mediation Services, Inc.).  Information about JAMS can be found generally at https://www.jamsadr.com/.  

      The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice.  If you are initiating arbitration, the arbitration demand and certification must be personally signed by you or your counsel (if you are represented by counsel).  If Hatch is initiating arbitration, the arbitration demand and certification must be personally signed by a Hatch representative or its counsel (if Hatch is represented by counsel).

      By signing or filing the arbitration demand, the party and the party’s counsel initiating the arbitration certify that to the best of their information, knowledge, and belief, formed after a reasonable inquiry under the circumstances, that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery.  The arbitrator is expressly authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law on represented parties and their counsel for either party’s violation of this requirement.

      Notwithstanding any choice of law or other provision of this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Arbitration Agreement.

      The arbitration shall be administered by JAMS under its applicable rules, including the Streamlined Arbitration Rules & Procedures, Comprehensive Arbitration Rules & Procedures, and/or JAMS Mass Arbitration Procedures and Guidelines, as applicable (the “JAMS Rules”), as modified by this Agreement.  The JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/. The arbitration will be conducted by a single arbitrator, other than potential use of a Process Administrator, who may be appointed in accordance with the JAMS Rules.   

      The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.  Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. 

      UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND HATCH AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.”  THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS.  IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.

      The arbitrator shall issue a reasoned written award.  Judgment on the arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered.  The arbitrator’s decision shall be final and binding on all parties to the arbitration that are subject of the decision.  The arbitration award shall have no preclusive effect in any other arbitration or proceeding that does not involve you or Hatch. 

      The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose.

      You and Hatch agree that the parties have a shared interest in reducing the fees and costs, and increasing the efficiencies associated with arbitration.  Therefore, you or Hatch may elect to engage with the arbitration administrator regarding fees, and you and Hatch agree that the parties (and their counsel, if the parties are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

    3. Additional Procedures for Mass Arbitration: You and Hatch agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this Arbitration Agreement) shall also apply in the event of a “Mass Arbitration” (defined below).  You and Hatch agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere Disputes between the parties. You and Hatch acknowledge and agree to act in good faith to ensure the procedures set forth herein are followed.

      If claimants (including you) assert or seek to assert 25 or more similar arbitration demands against Hatch with the same counsel or counsel acting in coordination (“Mass Arbitration”), the JAMS Mass Arbitration Procedures and Guidelines and these provisions shall apply.  For the avoidance of doubt, if any Mass Arbitration demands were originally processed as individual arbitration demands before the procedures described in this Additional Procedures for Mass Arbitration section were commenced, further proceedings, including the assessment of further arbitration fees to either party shall be governed by the procedures set forth in this Additional Procedures for Mass Arbitration section and the JAMS Mass Arbitration Procedures and Guidelines.

      Decisions by the Process Administrator shall not be binding on claimants who filed an arbitration demand determined to be part of the Mass Arbitration subsequent to the Process Administrator’s decision.  

      In coordination with the Process Administrator, Mass Arbitration demands will be batched into batches of up to 50 demands.  If the parties cannot agree on batching, whether or how many demands should be assigned to a single arbitrator, or as to any other procedural aspects of dealing with a mass arbitration, the parties shall submit such issues for decision by the Process Administrator.  Arbitration awards in one arbitration or batch of arbitrations shall have no precedential effect on subsequently administered batches.

      You acknowledge and agree that, by choosing to participate in a Mass Arbitration, the resolution of your Dispute might be delayed.  The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Dispute, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of Disputes, including to engage with the arbitration administrator to address threshold administrative issues.

      If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to JAMS until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

      A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration section of the Arbitration Agreement, including by enjoining the filing, prosecution, or administration of arbitrations, and the assessment or collection of arbitration fees.

      The Additional Procedures for Mass Arbitrations section of the Arbitration Agreement and each of its requirements are essential parts of this Arbitration Agreement.  If, after exhaustion of all appeals, a court of competent jurisdiction decides that this Additional Procedures for Mass Arbitrations section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.

    4. Changes to Arbitration Agreement. If Hatch changes the Arbitration Agreement after the date you last accepted this Agreement, you may reject that change by sending us written notice within 30 days of the date the change is effective to 3790 El Camino Real, Unit #627, Palo Alto, CA 94306, Attn: Legal Department, with your first and last name and email address stating your intent to reject the change. Rejecting any change, however, does not revoke or alter your prior consent or any earlier agreements to arbitrate any Dispute between you and Hatch.
    5. Severance of Arbitration Agreement:  If any portion of this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed and shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Waiver above in this Dispute Resolution section is found to be void, unenforceable, or unlawful, in whole or in part, with respect to a particular claim or request for relief, and all appeals from that decision have been exhausted (or the decision is otherwise final), the parties agree that the particular claim or request for relief may proceed in a court of competent jurisdiction but shall be stayed pending arbitration of all remaining claims and requests for relief.
    6. Survival of Arbitration Agreement: Except as otherwise provided in this section 10, this Arbitration Agreement will survive any termination of the Agreement or of your access to the Offerings and/or Services. This Arbitration Agreement survives after your relationship with Hatch ends.
  2. Waiver of Jury Trial; Waiver of Class Actions: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND HATCH WAIVE THE RIGHT TO A JURY TRIAL. YOU AND HATCH ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

11. Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, in whole or in part, including but not limited to the availability and/or any aspect of products and subscriptions and plans (including the available terms and renewal structures), subscription fees and pricing, and refund and cancellation policies,  or change, suspend, or discontinue the Offerings (including without limitation, the availability and pricing of any feature, subscription, database, or Content) at any time by posting a notice on the Site and/or where required by law or at our discretion, by sending you notice through the Offerings, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Offerings without notice or liability, except where required by law. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. 

Where required by law, or at our discretion, we will provide you with notice thirty (30) days prior to the effective date of the change by posting an updated version of these Terms on our website and/or by sending a message to the email address (or other contact information we have for you at our discretion) associated with your account. Such notice will set out the new clause only, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment.  You may refuse the amendment and rescind or cancel your agreement to these Terms and to the subscription(s) with us without cost, penalty or cancellation indemnity, by providing us with notice to that effect. If the modification entails an increase in your obligations or a reduction in ours, you may do so no later than thirty (30) days after the modification comes into force, or on such other timeline as may be required under the applicable law, or specified in our notice to you, or by cancelling your subscription as set forth in these Terms.

To the fullest extent permitted by applicable law, your continued use of the Offerings following notification of any changes to these Terms of Service or the “Effective” date set out in any of the Terms constitutes acceptance of those changes, and agreement to be legally bound by these Terms, as modified, which will apply to your continued use of the Offerings going forward. Your use of the Offerings is subject to the Terms of Service in effect at the time of such use.

12. Feedback


Our policy is to not accept, review, or consider unsolicited ideas, original creative artwork, suggestions or other works (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names) (collectively,"Feedback"). Please do not submit any Feedback to Hatch. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Hatch’s products, services or marketing strategies might seem similar to ideas submitted to Hatch.

Notwithstanding such policy, you may submit Feedback by contacting us at https://www.hatch.co/support. You acknowledge and agree that all Feedback will be the sole and exclusive property of us and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback without any compensation to you, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our reasonable request and expense, you will execute documents and take such further acts to assist us to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. You agree that: (a) Hatch may use or redistribute any Feedback and its contents for any purpose and in any way, without any compensation to you; (c) Hatch has no obligation to review any Feedback; and (d) Hatch has no obligation to keep any Feedback confidential.

13. Email


By registering or placing an order with us, you are consenting to receive E-mails from us regarding your order. Additionally, and to the extent not prohibited by law, by registering or placing an order with us, you are consenting to receive commercial E-mail from us. If you do not wish to receive commercial E-mail from us, you may remove your name from the E-mail list by contacting us.

14. Copyright Policy


We respect the intellectual property of others and ask that users of our Offerings do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. identification of the material on our services that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and e-mail address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
  8. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
    The designated Copyright Agent for Hatch is:
    Hatch Baby, Inc.
    3790 El Camino Real, Unit #627
    Palo Alto, CA 94306
    Email: Legal@hatch.co

15. Miscellaneous

  1. Governing Law. Except as otherwise provided herein and to the extent permitted by applicable law, these Terms of Service will be governed by the laws of the State of California, United States of America, without regard to its conflicts of law principles. Any suit, cause of action, or legal proceeding arising under or relating to the Offerings or your use of any Hatch service that is not addressed through arbitration or in small claims courts as provided in Section 10, shall be in the exclusive jurisdiction and venue of the state and federal courts of Santa Clara County, California, and you consent to the personal jurisdiction of those courts and waive any objection to such venue.
  2. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Offerings and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Offerings. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  3. Assignment. Neither party may assign, sublicense, delegate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party. Notwithstanding the foregoing, Hatch may, without your consent, assign this Agreement to an entity merging or, consolidating with us, or purchasing substantially all of our assets or stock, provided that the assignee will assume all rights and obligations under this Agreement. Any permitted assignment of this Agreement will be binding upon and enforceable by and against the parties' successors and assigns, provided that any unauthorized assignment will be null and void and constitute a breach of this Agreement.
  4. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
  5. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

  6. Contact. You may contact us, including for complaint handling purposes at the following address:

    Hatch Baby, Inc.
    3790 El Camino Real
    Unit #627
    Palo Alto, CA 94306
    hatch.co/support
    +1 (888) 918-4614