Terms & Conditions

2. Invoicing Entity

The contracting party for all purchases worldwide is Fulkrum Health LLC. For operational and tax reasons, purchases shipped to or made from countries in the Association of Southeast Asian Nations (ASEAN) are invoiced by our affiliate Babycare and Beyond Sdn. Bhd., a Malaysian company, acting under an intercompany licensing and distribution arrangement with Fulkrum Health LLC. You may see Babycare and Beyond Sdn. Bhd. named on your invoice or receipt if you are in an ASEAN country. This does not affect your contract with Fulkrum Health LLC under these Terms.

3. Eligibility

By placing an order or creating an account, you confirm that you are at least 18 years old, legally capable of entering into binding contracts, and that the information you provide is accurate and complete. Fulkrum products are intended for use by parents and caregivers, not by children.

4. Medical and Safety Disclaimer

Fulkrum is an educational and product company. We are not a medical practice and we do not provide medical advice or treatment.

The content we provide, including our books, courses, videos, community posts, and any guidance from Nicolas Grimaldi or other contributors, is educational in nature. It reflects clinical experience and developmental knowledge presented for general parental understanding. It is not a diagnosis, a treatment, or a substitute for personalized medical advice from a qualified healthcare professional who knows your child.

You should consult your own pediatrician or qualified healthcare provider for any concerns about your child's health, development, or wellbeing. Using the Fulkrum website, products, or community does not create a doctor-patient or practitioner-patient relationship between you and Fulkrum or any contributor.

If you believe your child is experiencing a medical emergency, contact your local emergency services immediately. Do not rely on Fulkrum for emergency or urgent medical guidance.

5. Products

Fulkrum offers three categories of product, each governed by these Terms together with any product-specific information shown at the point of sale.

Physical products are developmental support tools designed through clinical practice. They are intended only for use as described in the instructions provided and only for babies within the specified age and weight limits. Physical products are not medical devices. Misuse, modification, or failure to follow instructions voids any warranty.

Digital products include ebooks, guides, courses, and downloadable content. They are licensed to you, not sold, on the terms set out in Section 11.

Community membership provides access to the Fulkrum community on Circle, including time-gated content delivered based on your baby's date of birth or due date. Community membership is governed by the additional terms in Section 9.

6. Orders, Pricing, and Payment

All orders are subject to acceptance by Fulkrum. We may decline or cancel any order if we cannot guarantee delivery, if a product is unavailable, if there are pricing or product information errors, or if we suspect fraudulent activity. If we cancel an order after payment, we will issue a full refund.

Prices are shown in the currency selected at checkout and include applicable taxes where required. We reserve the right to change prices at any time. The price that applies to your order is the price displayed at the time you complete checkout.

Payment is processed through Shopify, our Merchant of Record. Shopify handles payment, receipts, and tax compliance. For subscription products, payments are processed by Recharge through Shopify. Fulkrum does not collect or store your full payment card information.

7. Shipping and Delivery (Physical Products)

We ship physical products to the markets shown at checkout. Shipping availability and timelines depend on your location and are confirmed before payment.

Delivery times are estimates, not guarantees. Delays may occur due to customs, carrier disruption, or regional availability. Risk of loss passes to you when the product is delivered to the shipping address you provided.

Full shipping terms are set out in our Shipping Policy.

8. Returns, Refunds, and Warranties

8.1 Physical Products

You may return a physical product, unused and in its original packaging, within the return window applicable to your region:

• European Union, United Kingdom, European Economic Area: 14 days from delivery (statutory right of withdrawal).
• United States, Canada, Australia, New Zealand: 30 days from delivery.
• All other regions, including ASEAN: 14 days from delivery.

If you choose to return a product, we will refund the price you paid within 14 days of receiving the returned item or proof of return. Return shipping costs are the customer's responsibility unless the product is defective or incorrectly shipped, in which case Fulkrum covers return shipping.

8.2 Digital Products and Community Membership

Digital products (ebooks, guides, downloadable courses) and community membership subscriptions are covered by a 14-day money-back guarantee.

If you are not satisfied with a digital product or your community membership, you may request a full refund within 14 days of purchase by emailing support@fulkrum.health. No questions asked.

Important EU consumer notice: For digital products delivered immediately on purchase, EU consumer law allows us to ask you to waive your standard 14-day statutory right of withdrawal in exchange for immediate access. By proceeding with checkout and confirming the consent acknowledgement, you confirm that immediate delivery begins and that the statutory right of withdrawal does not apply. The 14-day money-back guarantee described above is offered by Fulkrum as a goodwill commitment and applies in addition to whatever statutory rights you retain.

8.3 Warranty

Fulkrum warrants physical products against defects in materials and workmanship for 24 months from the date of delivery. To make a warranty claim, contact support@fulkrum.health with your order number and a description of the defect.

This warranty does not cover normal wear and tear, damage from misuse or modification, damage from failure to follow instructions, or damage caused by accident or unauthorized repair.

Your statutory rights are not affected. In the United Kingdom, the Consumer Rights Act 2015 provides remedies for up to six years from purchase in England, Wales, and Northern Ireland, and up to five years in Scotland. In the European Union, the Sale of Goods Directive provides a minimum two-year statutory guarantee. In other jurisdictions, the warranties and remedies required by your local consumer protection law apply regardless of what is set out in this section. Nothing in these Terms limits or excludes rights you have under applicable consumer protection law that cannot be excluded by contract.

Digital products are licensed "as is." We do not warrant that digital files will be error-free or compatible with every device, browser, or operating system.

9. Community Membership and User Conduct

The Fulkrum community runs on Circle. By joining, you agree to the additional terms in this section as well as Circle's own terms of service.

9.1 Subscription Billing and Cancellation

Community membership is billed monthly on a recurring basis. Your subscription renews automatically at the end of each billing period until you cancel.

You may cancel at any time, with no questions and no contracts, directly from your account settings. When you cancel, your access continues until the end of the billing period you have already paid for, and your subscription is not renewed for the next period. We do not pro-rate refunds for partial months.

Founding member pricing: If you joined at a founding member rate, that price is locked for as long as you remain a continuous member. If you cancel your subscription, your founding price is permanently forfeited. You may rejoin at any time, but at the then-current standard price, not the founding price, even if founding spots are still available. This is a deliberate condition of the founding offer and is enforced strictly.

9.2 Content License You Grant to Fulkrum

When you post or share content in the Fulkrum community (text, images, comments, video, audio, or anything else), you grant Fulkrum a worldwide, non-exclusive, royalty-free, transferable license to use, host, display, reproduce, adapt, and distribute that content for the purpose of operating, improving, and promoting the Fulkrum community and Fulkrum's services. You retain ownership of your content.

You confirm that you have the right to post anything you share, that it does not infringe anyone else's rights, and that it complies with our community guidelines.

9.3 Community Guidelines

To keep the community safe and useful, you agree not to post or share content that:

• Promotes harm to children or contradicts established child safety guidance.
• Provides medical, psychological, or other professional advice you are not qualified to give.
• Is harassing, threatening, hateful, sexually explicit, or otherwise abusive.
• Infringes someone else's intellectual property, privacy, or other rights.
• Promotes products, services, or content unrelated to the community's purpose, without prior written permission from Fulkrum.
• Contains spam, malware, or attempts to compromise the security or integrity of the platform.
• Violates any applicable law.

9.4 Moderation, Suspension, and Termination

Fulkrum community managers and Fulkrum Health LLC executives have authority to remove content, suspend access, or terminate accounts that breach these Terms or our community guidelines.

We will give you reasonable notice and a chance to respond before suspending or terminating your account, except where we believe immediate action is necessary to protect the safety of community members, address illegal content, address sustained abuse, or protect the integrity of the platform.

If your account is suspended or terminated, you may appeal by emailing support@fulkrum.health within 14 days. A Fulkrum executive who was not involved in the original decision will review your appeal and respond within 14 days. Termination decisions confirmed on appeal are final.

If we terminate your account for breach of these Terms, no refund is due. If you cancel your subscription before being suspended or terminated, Section 9.1 applies.

10. Account Security

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Notify us at support@fulkrum.health immediately if you suspect unauthorized access. We are not liable for losses arising from unauthorized use of your account before you notify us.

11. Intellectual Property

11.1 Fulkrum's Rights

The Fulkrum wordmark is a registered trademark in the United States and the European Union. The Core product is protected under patent rights in Malaysia, with additional patent and design registrations to follow in other jurisdictions. Future Fulkrum products, including our baby carrier, will be covered by intellectual property protections as filings are granted.

All content on the Fulkrum website and within Fulkrum products and the Fulkrum community, including text, graphics, product designs, photographs, video, audio, course material, logos, and software, is the property of Fulkrum Health LLC, its affiliates, or its licensors, and is protected by copyright, trademark, patent, and other intellectual property laws.

Our trademarks, patents, designs, and copyrighted works may not be used, reproduced, copied, distributed, modified, or republished, in whole or in part, without our prior written consent. Unauthorized use will be enforced to the fullest extent of applicable law.

11.2 Your Digital Content License

When you purchase a digital product, Fulkrum grants you a personal, non-exclusive, non-transferable, non-sublicensable license to access and use the content for your private, non-commercial purposes only. You may not redistribute, resell, share, publish, modify, reverse-engineer, or create derivative works from the content. The license terminates automatically if you breach these Terms.

11.3 Copyright Infringement Reports (DMCA)

If you believe content on the Fulkrum website or within the Fulkrum community infringes your copyright, send a written notice to support@fulkrum.health with the following information:

• Identification of the copyrighted work you claim has been infringed.
• Identification of the material on Fulkrum you claim is infringing, with enough detail for us to locate it.
• Your contact information (name, address, email, phone).
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
• Your physical or electronic signature.

We will respond to valid notices and may remove allegedly infringing content while we investigate. We may also terminate accounts of users we determine to be repeat infringers.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

• Fulkrum's total aggregate liability arising out of or in connection with these Terms or your use of any Fulkrum product or service is limited to the amount you paid to Fulkrum in the 12 months preceding the event giving rise to the claim, or USD 100, whichever is greater.
• Fulkrum is not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost data, or loss of goodwill, even if we have been advised of the possibility of such damages.
• Nothing in these Terms excludes or limits liability that cannot be excluded or limited by applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any statutory consumer rights that cannot be waived.

You acknowledge that physical products must be used in accordance with all instructions and warnings provided. You are responsible for supervising your child during use of any Fulkrum product.

13. Indemnification

You agree to indemnify and hold harmless Fulkrum Health LLC, Babycare and Beyond Sdn. Bhd., their affiliates, and their respective directors, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your breach of these Terms.
• Your misuse of any Fulkrum product or service.
• Your violation of any law or third-party right.
• Any content you post in the Fulkrum community.

14. Privacy

Your use of Fulkrum is also governed by our Privacy and Cookie Policy, which describes how we collect, use, and protect your personal data. By using Fulkrum, you acknowledge and agree to the practices described in that policy.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated Terms on this page with a revised effective date. Material changes will be communicated by email to active customers and community members, or by prominent notice on the website, at least 14 days before they take effect.

Your continued use of the website, products, or community after the effective date of updated Terms constitutes acceptance. If you do not agree to the updated Terms, you must stop using Fulkrum and may cancel your subscription under Section 9.1.

16. Governing Law

These Terms and any dispute arising out of or in connection with them are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

This choice of law does not deprive consumers of the protection of mandatory provisions of the consumer protection law of their country of habitual residence, where those provisions cannot be derogated from by contract.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

Before bringing a formal claim, you agree to contact us at support@fulkrum.health and give us 60 days to attempt to resolve the dispute informally. Most disputes can be resolved this way.

17.2 Binding Arbitration

If informal resolution fails, you and Fulkrum agree that any dispute arising out of or relating to these Terms or your use of Fulkrum will be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be held in Sheridan, Wyoming, or, at your request and at Fulkrum's discretion, conducted by video or by written submissions only.

The arbitrator's decision is final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

17.3 Carve-Outs

Either party may bring an individual action in small claims court for disputes within that court's jurisdiction. Fulkrum may also bring claims relating to intellectual property infringement, including infringement of its trademarks, patents, designs, and copyrighted works, in any court of competent jurisdiction.

17.4 Class Action Waiver

You and Fulkrum agree that any dispute will be brought in your or our individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

17.5 Statutory Consumer Rights

Nothing in this Section 17 prevents you from exercising rights you have under the mandatory consumer protection law of your country of habitual residence, where those rights cannot be waived by contract.

18. Force Majeure

Fulkrum is not liable for delay or failure to perform any obligation under these Terms caused by events beyond our reasonable control, including natural disasters, epidemics, war, civil unrest, terrorism, government action, labor disputes, transportation or supply chain disruptions, utility or internet outages, or other force majeure events. Our obligations are suspended for the duration of the disruption, and timelines are extended accordingly.

19. Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy and Cookie Policy, Shipping Policy, and Refund Policy, constitute the entire agreement between you and Fulkrum Health LLC regarding your use of our website, products, and community, and supersede all prior agreements, understandings, or communications.

21. Contact

For questions about these Terms, contact:

Fulkrum Health LLC

30 N Gould St, Ste R, Sheridan, WY 82801, United States

General and legal enquiries: support@fulkrum.health

Privacy requests: privacy@fulkrum.health