BCircle is operated by furbsh-Tech Ltd, a company registered in Kenya ("furbsh-Tech", "BCircle", "we", "us" or "our").

Registered office: Western Heights, Karuna Road, Westlands, 1911 - 00606, Nairobi, Kenya

Contact: care@bcircle.app

Privacy contact: care@bcircle.app

These Terms govern access to and use of BCircle, including its website, progressive web application, professional workspace, client/family portal and related services.

1. What BCircle is

BCircle is a digital workspace intended to help doulas and other permitted birth professionals organise their work and relationships with clients and families. Depending on the features available, BCircle may support client records, pregnancy or birth episodes, appointments, travel records, agreements, invoices and payment records, documents, forms, resources and related administrative information.

BCircle is an administrative and communication tool. BCircle is not a healthcare provider, medical record system, emergency service, medical device or source of medical diagnosis or treatment. Nothing in BCircle replaces professional judgement, medical care, emergency services or advice from an appropriately qualified healthcare professional.

2. Who may use BCircle

BCircle accounts are intended for adults aged 18 or over unless we expressly permit another arrangement.

A professional user must have authority to create and manage records relating to their clients and must comply with the laws, professional duties, confidentiality obligations and consent requirements that apply to their work.

If a professional records information about a minor or another person who does not hold a BCircle account, the professional is responsible for ensuring that the information is collected and used lawfully.

3. Accounts and security

You must provide accurate account information and keep it reasonably current. You are responsible for protecting your login credentials and for activity carried out through your account, except where activity results from a security failure for which BCircle is responsible.

You must tell us promptly if you believe your account has been compromised.

We may suspend access where reasonably necessary to protect users, data, the service or third parties, or where we reasonably believe these Terms have been materially breached.

4. Professional users and client records

Where a doula or other professional uses BCircle to manage records about a client, the professional generally determines why that client information is collected and how it is used in the professional relationship. In that situation, the professional is normally the data controller and furbsh-Tech processes the information on the professional's behalf as a data processor.

For BCircle account administration, security, service operation, billing for the BCircle service, support and our own legal obligations, furbsh-Tech acts as a data controller for the relevant personal data.

The precise allocation of roles depends on the actual processing activity and cannot be changed merely by labelling it differently in these Terms.

Professional users must:

collect only information reasonably needed for their work;
provide any privacy information required by law to their clients;
have an appropriate lawful basis for processing personal data, including any health or other special-category data;
respond appropriately to client privacy-rights requests for records for which they are the controller;
avoid entering information that is unnecessary, excessive or unlawful; and
maintain appropriate confidentiality and professional standards.

5. Client and family accounts

A client or family member may be invited to BCircle or may otherwise be permitted to create an account. Their access is limited to information and functions made available to them through BCircle and by the relevant professional.

A client account does not create a healthcare-provider relationship with BCircle. The professional remains responsible for the professional services they provide.

6. Agreements, invoices and payments

BCircle may help professionals prepare, record or manage service agreements, payment plans, invoices, payments, refunds or externally managed billing states.

Unless BCircle expressly states otherwise for a specific feature:

BCircle is not a party to the service agreement between a professional and their client;
BCircle does not determine the professional's fees, taxes, refund obligations or payment terms;
client payments for professional services are paid to the professional, not to BCircle; and
payment records in BCircle are administrative records and should be checked against the professional's actual financial records.

Professionals remain responsible for invoicing, tax, accounting and regulatory obligations applicable to their business.

Payments and invoices between a professional and their client relate only to the professional's own services. They are separate from the BCircle subscription, and Creem is not the Merchant of Record for a professional's services to their client. Creem's Merchant of Record role applies only to BCircle subscription transactions that Creem processes (see Section 13).

Online payment through Stripe Connect

Where online payment is enabled for a BCircle invoice, BCircle uses Stripe and Stripe Connect as a third-party payment provider:

the client (or another person paying on the client's behalf) pays the professional's connected Stripe account;
BCircle provides the software platform and payment initiation and reconciliation tools;
BCircle is not the seller of the professional's doula/birth-support services and does not become the merchant of record for those services;
a client's payment is processed for the professional's benefit and is not received by BCircle as BCircle's own revenue;
BCircle does not set the professional's service prices; and
BCircle does not determine the professional's tax or VAT obligations.

The professional connects their own Stripe account through Stripe-hosted onboarding, and payment processing is subject to Stripe's own applicable terms and policies.

Stripe may determine whether an account or a payment transaction qualifies for onboarding, processing or payout. BCircle does not control Stripe's approval decisions, payout timing, card-network decisions, disputes, reserves, holds or other Stripe-controlled matters. BCircle may display payment status received from Stripe.

BCircle does not collect or store card numbers, CVC values, bank login credentials or a professional's bank account credentials, and BCircle does not itself process cards. In the flows described below, payment details are entered into Stripe-hosted interfaces.

One-off online payments

For a one-off payment on a BCircle invoice:

the professional issues a BCircle invoice that may offer a Pay online option;
the client (or payer) selects Pay online and is redirected to a Stripe-hosted payment flow;
the payment is processed on the professional's connected Stripe account; and
BCircle updates its invoice/payment record only from verified Stripe events.

The BCircle invoice remains the BCircle accounting record. Stripe invoices are not part of this workflow, and BCircle does not use Stripe Tax or Stripe subscriptions.

Scheduled automatic payments

Where a professional offers a dated payment schedule and a client chooses automatic payments:

the client sees the exact future payment amounts, currency and dates before authorizing;
the client must explicitly authorize automatic future charges;
the client's payment details are entered into Stripe-hosted payment or setup interfaces, not into BCircle;
BCircle may store Stripe-generated identifiers needed to initiate and reconcile the authorized future payments;
BCircle may initiate the authorized charge on the scheduled date through the professional's connected Stripe account;
if the amount, date, currency or schedule changes materially, a fresh authorization is required;
the client may revoke future automatic-payment authorization at any time;
revocation does not reverse payments that have already been completed; and
an automatic payment may fail or require additional authentication.

These are one-off scheduled payments, not a subscription. BCircle does not guarantee that any scheduled payment will be collected.

Payment failures, disputes and refunds

Payment attempts may fail. Stripe and card issuers may require additional authentication, and Stripe and card networks may handle disputes or chargebacks under their own rules. BCircle may reflect payment status information received from Stripe.

Refunds, disputes and chargebacks are handled between the professional and the applicable payment provider. BCircle does not currently automate refunds, dispute management or chargeback handling.

7. Professional business, invoicing and tax responsibility

Professional users operate their own businesses. A professional who uses BCircle for their professional activity remains responsible for their business and tax affairs.

A professional user is an independent professional or business using BCircle as a tool. BCircle does not become the professional's employer, agent, partner, accountant, tax adviser or provider of the professional's services. Each professional remains responsible for:

operating their own practice lawfully;
the registrations, licences and professional obligations applicable to them;
their own income and direct taxes, business reporting and accounting obligations; and
their relationships with, and duties to, their own clients.

The professional is responsible for:

determining whether they must register for VAT, sales tax or other taxes applicable to their services;
maintaining appropriate business and tax registrations;
entering accurate business and tax information into BCircle;
selecting the tax/VAT rate or exemption that applies to their services;
the accuracy and legality of invoices issued for their services;
filing required returns and reports;
paying and remitting taxes, VAT and other statutory amounts due from their professional activity; and
obtaining their own accounting, tax or legal advice where needed.

BCircle provides software tools to support this workflow. Where a relevant finance feature is enabled, BCircle records and calculates using the information entered by the professional. BCircle does not determine the professional's tax status, does not determine which tax rate or exemption applies, and does not provide tax, accounting or legal advice.

Nothing in this section removes any responsibility that BCircle or furbsh-Tech may itself have under applicable law.

Invoicing handled in BCircle

A professional may choose to handle invoicing within BCircle. In that case the professional provides the business and tax information used for their invoices, and the professional is responsible for the accuracy and legality of those invoices.

Invoicing handled externally

A professional may instead choose to handle invoicing externally through an external billing arrangement or a third-party invoicing provider. In this case:

BCircle records the professional's choice and settings;
BCircle does not currently integrate with, transmit invoices to, or act on behalf of any named third-party invoicing provider;
the relationship with the external provider is between the professional and that provider; and
BCircle does not control that provider's services, tax handling or terms.

Reports and exports

BCircle may provide records, reports and exports to help a professional keep their own records and reconcile payments. These are informational and recordkeeping tools only. They are not tax, legal or accounting advice, and each professional should obtain their own professional advice where needed.

Payments do not change tax boundaries

Where a client pays a professional's BCircle invoice online through Stripe, Stripe collects and processes the payment amount instructed by BCircle. BCircle calculates invoices using the business and tax settings entered by the professional, does not use Stripe Tax, and does not determine the professional's tax or VAT obligations. The tax-responsibility rules in this section continue to apply.

Professional and client commercial relationship

Where a doula or other professional supplies professional services to a client:

the professional supplies the professional service;
the professional determines their service and package pricing;
the professional is responsible for invoicing their client and for the applicable tax obligations; and
BCircle provides the software platform supporting that workflow.

BCircle is not the seller of a professional's birth-support services. Any BCircle platform or subscription fee is separate from the amounts a professional charges a client.

8. Travel, maps and calendars

BCircle may generate links that open third-party services such as Apple Maps, Google Maps or Google Calendar, or generate calendar files. These actions are initiated by the user. Third-party services operate under their own terms and privacy practices.

Route information, estimated travel time, calendar information or other third-party outputs may be inaccurate or change. Users should verify information where accuracy matters.

9. Documents and user content

You retain ownership of content you submit to BCircle, subject to any rights of clients or other persons whose information it contains.

You grant furbsh-Tech the limited rights necessary to host, process, transmit, back up and otherwise handle that content solely to provide, secure and maintain BCircle and to comply with law.

You must not upload content that you do not have the right to use, that is unlawful, or that unnecessarily exposes highly sensitive information.

10. Data protection and processing terms

Our Privacy Policy explains how furbsh-Tech processes personal data when acting as a controller.

When furbsh-Tech processes client personal data on behalf of a professional user, the Data Processing Terms in Schedule 1 form part of these Terms.

Where an EEA professional transfers personal data to furbsh-Tech in a country that is not covered by an applicable European Commission adequacy decision, the parties must have an appropriate GDPR Chapter V transfer mechanism in place. Before production processing requiring it, BCircle will make the applicable transfer mechanism, including Standard Contractual Clauses where appropriate, available as part of its data-processing arrangement.

11. Acceptable use

You must not:

attempt to access another user's data without permission;
bypass security or access controls;
upload malware or use BCircle to attack another system;
scrape or systematically extract data except through authorised export features;
use BCircle for unlawful discrimination, harassment, abuse or fraud;
impersonate another person or misrepresent your professional status; or
use the service in a way that materially interferes with its operation or other users.

12. Availability and changes

BCircle is an evolving product. We may improve, modify, replace or discontinue features. We will try to avoid changes that unreasonably disrupt active professional records and will provide reasonable notice of material changes where practicable.

Pilot and early-access features may change more frequently and may have limitations.

13. BCircle subscription and Creem as Merchant of Record

The BCircle subscription

BCircle is offered on a paid subscription. The current plan is €20 per month, following a 30-day free trial. The applicable price, trial length, billing interval, renewal terms and cancellation terms are shown before you purchase and on the checkout page.

An active subscription entitles the account holder to access BCircle and the features included in their plan for as long as the subscription remains in force. Access may be limited or end if the subscription is cancelled, expires, fails to renew or is otherwise no longer active.

The commercial details of the plan may change over time. Where they change, the current details are shown before purchase and the change applies from your next billing period.

Client service fees charged by a doula or other professional are separate from any BCircle subscription fee.

Creem is the Merchant of Record for BCircle subscriptions

BCircle subscription transactions are processed by Creem, operated by Armitage Labs OÜ, which acts as the Merchant of Record for those transactions. This means:

the BCircle subscription transaction is processed by Creem as Merchant of Record;
payment for the subscription is made to, and processed by, Creem;
Creem issues the transaction invoice or receipt for the subscription purchase;
Creem handles applicable sales, VAT and other indirect transaction taxes for Creem-processed subscription transactions; and
the applicable Creem Buyer Terms apply to the purchase transaction and are available at https://www.creem.io/buyer-terms.

Creem's Merchant of Record role applies only to BCircle subscription transactions that Creem processes. It does not extend to any other relationship or transaction described in these Terms, including a professional's own services to their clients.

What BCircle remains responsible for

furbsh-Tech remains responsible for:

delivering and operating the BCircle product and service;
providing product support, which may be requested at care@bcircle.app; and
operating BCircle under these Terms and our Privacy Policy.

furbsh-Tech also remains responsible for its own direct taxes, such as income and corporate taxes on the amounts it receives, and for any other obligations that apply to it as the BCircle provider.

Cancellation, renewal and refunds

You may cancel your BCircle subscription at any time through the available subscription controls or by contacting us at care@bcircle.app. Cancelling stops future renewals; access normally continues until the end of the period already paid for, unless the applicable terms state otherwise.

Because Creem processes BCircle subscription transactions as Merchant of Record, refunds and other payment-related requests for those transactions are handled in line with the applicable Creem Buyer Terms and Creem's processes. We do not promise that BCircle will itself issue a refund for a Creem-processed subscription transaction. Where BCircle's own policy gives you a right to a refund or another remedy, we will honour it and work with Creem where needed.

These subscription terms are separate from any payments or invoices between a professional and their client.

14. Privacy rights, export and account closure

Users may update account information through available account settings and may request access, correction, export or deletion of personal data as described in the Privacy Policy.

Deleting a BCircle account is not necessarily the same as erasing every record in which the person is mentioned. Some records may be controlled by another user, may contain information about other people, or may need to be retained where required or permitted by law. BCircle will handle such requests according to the applicable controller/processor role and applicable law.

15. Intellectual property

BCircle, its software, branding, interface, documentation and other materials provided by furbsh-Tech are owned by furbsh-Tech or its licensors. These Terms do not transfer ownership of those materials to users.

You may use BCircle only for its intended purposes while your account is authorised and active.

16. Disclaimers and limitation of responsibility

We aim to provide a secure and reliable service, but no online service can be guaranteed to be uninterrupted or error-free.

To the extent permitted by applicable law, furbsh-Tech is not responsible for professional advice or services given by doulas or other professionals, decisions made using BCircle, third-party services opened from BCircle, or loss caused by inaccurate information entered by a user.

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by applicable law, including mandatory rights that may apply to consumers or data subjects.

17. Ending use of BCircle

You may stop using BCircle and request closure of your account through the available account/privacy controls or by contacting us.

We may terminate or suspend an account for material breach of these Terms, unlawful activity, serious security risk or non-payment of an applicable subscription, subject to applicable law and reasonable notice where appropriate.

Where a professional account contains client records, account closure will be handled so that applicable data-protection obligations and processor instructions can be respected.

18. Governing law

Unless mandatory law provides otherwise, these Terms are governed by the laws of Kenya. Nothing in this clause removes mandatory rights or protections that apply to a user under the law of their country of residence or under applicable European Union or EEA law.

19. Changes to these Terms

We may update these Terms when BCircle changes or when legal requirements change. We will publish the current version and effective date. Where a change is material, we will provide reasonable notice and, where appropriate, require acceptance of the updated Terms.

20. Contact

Questions about these Terms may be sent to:

furbsh-Tech Ltd
Western Heights, Karuna Road, Westlands, 1911 - 00606, Nairobi, Kenya
care@bcircle.app

Schedule 1 — Data Processing Terms

These Data Processing Terms apply where a professional user (the Controller) uses BCircle to process personal data about clients or other individuals and furbsh-Tech Ltd acts as a Processor.

1. Subject matter and duration

The Processor processes personal data to provide, host, secure, maintain and support BCircle for the duration of the Controller's use of the service and for any limited period required to complete deletion, return, backup expiry, security or legal processes.

2. Nature and purpose

Processing may include collection, storage, organisation, retrieval, display, transmission, export, deletion, backup and other operations necessary to provide BCircle's professional workspace and client-facing functions.

3. Categories of data and data subjects

Depending on how the Controller uses BCircle, data may include identity and contact details, relationship/family details, appointments, pregnancy and birth-related information, health-related information, service agreements, notes, documents, travel records, invoices/payment status and communications or resources.

Data subjects may include clients, prospective clients, family/support persons, babies/children, healthcare contacts, backup doulas and other persons whose information the Controller lawfully records.

4. Controller instructions

The Processor will process personal data only on documented instructions from the Controller, including these Terms and the Controller's use of BCircle, unless processing is required by applicable law. If legally permitted, the Processor will inform the Controller before processing required by such law.

5. Confidentiality and security

The Processor will ensure that persons authorised to process personal data are subject to appropriate confidentiality obligations and will maintain appropriate technical and organisational measures designed to protect personal data against unauthorised access, loss, alteration or disclosure.

6. Sub-processors

The Controller gives general authorisation for BCircle to use sub-processors necessary to provide the service. Current core categories include cloud database, private object/file storage, transactional email, payment processing and application hosting providers.

BCircle will make current material sub-processor information available and will require sub-processors to provide appropriate data-protection commitments for the processing they perform.

7. Data-subject requests

Taking into account the nature of the processing, the Processor will provide reasonable assistance to the Controller with requests concerning access, correction, deletion, restriction, objection or portability where required by GDPR and technically feasible.

If BCircle receives a request relating primarily to data for which the professional is the Controller, BCircle may direct or transmit the request to that Controller unless applicable law requires otherwise.

8. Security incidents

The Processor will notify the Controller without undue delay after becoming aware of a personal-data breach affecting data processed on the Controller's behalf and will provide information reasonably available to assist the Controller with applicable notification obligations.

9. DPIAs and consultations

Taking into account the nature of processing and information available to it, the Processor will provide reasonable assistance with data-protection impact assessments and prior consultations where GDPR requires them.

10. Return and deletion

On termination or lawful instruction, the Processor will delete or return Controller personal data, subject to backup cycles and any retention required by applicable law. The Processor will not retain active copies merely for its own unrelated purposes.

11. Demonstrating compliance

The Processor will make information reasonably necessary to demonstrate compliance with applicable Article 28 processor obligations available to the Controller and will support reasonable compliance enquiries or audits, subject to appropriate confidentiality, security and proportionality controls.

12. International transfers

Where GDPR Chapter V applies to a transfer to a country without an applicable adequacy decision, the parties will use an applicable lawful transfer mechanism. Where Standard Contractual Clauses are required, the relevant module and annexes must be completed and made binding before the relevant production transfer.