Terms of use

SurrogateMatch is a matching and coordination platform that connects intended parents with surrogacy agencies. We are not a surrogacy agency, medical provider, law firm, fertility clinic, or financial institution. We do not provide medical, legal, or financial advice. All medical, legal, and financial aspects of your surrogacy journey are handled by licensed professionals at your matched agency or providers you engage independently.

SurrogateMatch is a product of Gest LLC, a Wyoming limited liability company. References to "SurrogateMatch," "we," "our," or "us" in these Terms mean Gest LLC, the legal entity that owns and operates the SurrogateMatch service. The Wyoming governing-law and venue clauses below refer to Wyoming because that is the state of Gest LLC's formation.

You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Platform on behalf of an organization (such as a surrogacy agency), you represent that you have the authority to bind that organization to these Terms.

You agree not to use the Platform to:

• ●Provide false, misleading, or inaccurate information about yourself, your organization, or your surrogacy journey.
• ●Harass, threaten, intimidate, or harm any other user, surrogate, intended parent, or agency.
• ●Engage in fraud, identity theft, or any unlawful activity.
• ●Scrape, data-mine, or use automated tools to extract data from the Platform.
• ●Interfere with or disrupt the operation of the Platform or its infrastructure.
• ●Attempt to bypass any security measures or access restrictions on the Platform.

SurrogateMatch facilitates introductions between intended parents and surrogacy agencies. We do not screen, vet, license, or guarantee any agency, surrogate, medical provider, or legal professional. We do not participate in or oversee the surrogacy arrangement, medical procedures, legal agreements, or financial transactions between you and any agency or surrogate. You acknowledge that any decision to proceed with a surrogacy journey is made entirely at your own discretion and risk.

We do not guarantee that you will find a match, that any match will be successful, or that any agency or surrogate will meet your expectations. The matching process depends on the availability of surrogates, agency capacity, and mutual interest between parties.

The Platform may link to or reference third-party agencies, clinics, legal professionals, or other service providers. We have no control over their services, content, or practices and disclaim all responsibility for any loss, harm, or dissatisfaction arising from your interactions with any third party. Your use of any third-party service is at your own risk and subject to that party's own terms and policies.

SurrogateMatch reserves the right to refuse, suspend, or terminate service to any individual or organization at our sole discretion, without prior notice, at any time and for any or no reason. If your access is terminated, you may not re-access the Platform without our express written permission.

All content on the Platform — including text, design, logos, graphics, and software — is owned by SurrogateMatch or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any content on the Platform without our prior written permission. Your use of the Platform does not grant you any ownership rights in our content or intellectual property.

You retain ownership of all personal information you submit through the Platform. The license you grant us under these Terms is limited to what we need to perform the service: when you submit information through a form on the Platform (such as an intake form, waitlist form, or agency inquiry), you grant SurrogateMatch a non-exclusive, worldwide, royalty-free license to host, process, and disclose that information solely for the purposes described in our Privacy Policy — primarily to respond to your inquiry, build your preference profile, and facilitate introductions with agencies you choose. The license terminates when you request deletion of your information; for record-keeping purposes (consent timestamps, fraud prevention), we may retain a minimal compliance record after the license terminates, as described in the Privacy Policy.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SURROGATEMATCH DOES NOT PROVIDE MEDICAL, LEGAL, OR FINANCIAL ADVICE. NOTHING ON THIS PLATFORM SHOULD BE CONSTRUED AS MEDICAL ADVICE, LEGAL COUNSEL, OR FINANCIAL GUIDANCE. YOU SHOULD CONSULT QUALIFIED PROFESSIONALS BEFORE MAKING ANY DECISIONS RELATED TO SURROGACY, FERTILITY TREATMENT, OR RELATED MATTERS.

ANY REFERENCE TO A THIRD-PARTY AGENCY, CLINIC, OR PROFESSIONAL ON THE PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN ENDORSEMENT, RECOMMENDATION, OR GUARANTEE OF THEIR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SURROGATEMATCH AND ITS FOUNDERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) ONE THOUSAND U.S. DOLLARS ($1,000.00) OR (B) THE TOTAL AMOUNTS YOU HAVE PAID TO SURROGATEMATCH, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS LIMITATION DOES NOT APPLY TO LIABILITY ARISING FROM OUR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to indemnify, defend, and hold harmless SurrogateMatch and its founders, officers, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your violation of any law or any rights of another person or entity in connection with your use of the Platform; (c) any false, misleading, or defamatory information you submit through the Platform; or (d) your interactions outside the Platform with any agency, surrogate, or other party introduced through the Platform. This indemnification does not apply to any claim arising from SurrogateMatch's own gross negligence, willful misconduct, or violation of applicable law.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and SurrogateMatch agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Dispute") will be resolved exclusively through binding individual arbitration, rather than in court, except that either party may bring claims in small claims court if they qualify.

YOU AND SURROGATEMATCH EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. You may only bring claims against SurrogateMatch in your individual capacity, not as a plaintiff or class member in any class, collective, or representative action.

Arbitration will be administered by JAMS under its Streamlined Arbitration Rules & Procedures, or by another mutually agreed arbitration provider. The arbitration will be conducted in English. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Before initiating arbitration, you and SurrogateMatch agree to first attempt to resolve any Dispute informally by contacting hello@surrogatematch.co. If the Dispute is not resolved within 60 days, either party may proceed with arbitration.

You may opt out of this arbitration agreement by sending written notice to hello@surrogatematch.co within 30 days of FIRST SUBMITTING INFORMATION through any form on the Platform (your first form submission, not your first page view, is the trigger — page-view-based opt-out windows have been struck down by U.S. courts as ambiguous). The notice must include your name, the email address you used when submitting the form, and the phrase "I opt out of arbitration." If you opt out, you and SurrogateMatch agree to resolve Disputes exclusively in the state or federal courts located in the State of Wyoming, and you consent to personal jurisdiction in those courts. Opting out does not affect any other provision of these Terms.

If this arbitration agreement is found unenforceable by a court of competent jurisdiction, any Dispute shall be brought exclusively in the state or federal courts located in the State of Wyoming, and both parties consent to personal jurisdiction in those courts.

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict-of-law principles.

We may update these Terms from time to time. If we make material changes, we will notify you by updating the "Last updated" date at the top of this page and, where practicable, by sending notice to the email address associated with your inquiry. Your continued use of the Platform after any changes constitutes your acceptance of the revised Terms.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SurrogateMatch regarding your use of the Platform and supersede any prior agreements.

These Terms remain in effect for as long as you use the Platform or hold any data we have submitted to us. You may terminate them at any time by ceasing to use the Platform and (if you wish to remove your data) emailing hello@surrogatematch.co to request deletion. SurrogateMatch may terminate these Terms with respect to you at any time, with or without cause, in which case your right to use the Platform ends immediately. The following sections survive termination: Information you submit, Disclaimers, Limitation of liability, Indemnification, Dispute resolution and arbitration, Governing law, and Severability.

SurrogateMatch is not liable for any failure or delay in performing its obligations under these Terms to the extent caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action (including legal restrictions on surrogacy or reproductive care), labor disputes, internet or hosting outages, or other similar events.

These Terms create rights and obligations only between you and SurrogateMatch. No third party — including any surrogate, intended parent, agency, or other introduced party — is a third-party beneficiary of these Terms or has any right to enforce any provision of these Terms.

SurrogateMatch's failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. SurrogateMatch may assign its rights and obligations under these Terms (including, without limitation, in connection with a corporate reorganization, the spin-out of the SurrogateMatch product into a separate legal entity, or a sale of the SurrogateMatch business) without restriction.

If you have any questions about these Terms, email hello@surrogatematch.co.

hello@surrogatematch.co