Terms of Service

1. Acceptance of Terms

Welcome to BabyTime! These Terms of Service ("Terms") govern your access to and use of BabyTime's mobile application, website, and related services (collectively, the "Service"). By creating an account, downloading our app, or using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to update these Terms at any time, and your continued use constitutes acceptance of any changes.

2. Eligibility

You must be at least 18 years old to use BabyTime. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations
• You will not use the Service for any unlawful or unauthorized purpose

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access or security breach

3.2 Account Responsibility

You are responsible for all activities that occur under your account. You agree not to:

• Share your account credentials with others
• Create multiple accounts for fraudulent purposes
• Impersonate another person or entity
• Use another user's account without permission

4. Subscriptions and Payments

4.1 Subscription Plans

BabyTime offers the following subscription tiers:

4.2 Billing

• Automatic Renewal: Subscriptions automatically renew unless canceled before the renewal date
• Payment Method: You authorize us to charge your payment method on file (processed securely via Stripe)
• Price Changes: We may change subscription prices with 30 days' notice. Changes apply to renewals after the notice period
• Taxes: Prices exclude applicable taxes, which will be added at checkout

4.3 Refunds and Cancellations

• Cancellation: You may cancel anytime from your account settings. Access continues until the end of your billing period
• Refunds: We offer a 30-day money-back guarantee for annual plans. Monthly subscriptions are non-refundable
• Free Trial: Cancel during the trial period to avoid charges. Trials are available once per account

4.4 Downgrading

If you downgrade from Premium/Family to Free, advanced features will be disabled but your data will be retained for 90 days. After 90 days, data exceeding Free plan limits may be deleted.

5. Acceptable Use Policy

You agree NOT to:

• Misuse the Service: Violate laws, infringe intellectual property, harass others
• Compromise Security: Attempt to hack, reverse engineer, or exploit vulnerabilities
• Distribute Malware: Upload viruses, malware, or malicious code
• Scrape or Automate: Use bots, scrapers, or automated tools without permission
• Spam or Abuse: Send unsolicited messages, abuse support channels
• Resell Access: Resell, sublicense, or commercially exploit the Service
• False Information: Provide misleading or fraudulent information

Violation of this policy may result in immediate account suspension or termination without refund.

6. Intellectual Property Rights

6.1 Our IP

The Service, including all content, features, functionality, software, designs, logos, and trademarks, is owned by BabyTime and protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain ownership of all content you upload (photos, baby information, notes). By using the Service, you grant us a limited, non-exclusive, worldwide license to:

• Store, process, and display your content to provide the Service
• Create backups and ensure data redundancy
• Use aggregated, anonymized data for analytics and product improvement

We will never share your personal photos or data publicly or use them for marketing without your explicit consent.

6.3 DMCA Compliance

If you believe content on BabyTime infringes your copyright, contact us at dmca@babytime.app with details of the infringement.

7. Disclaimers and Warranties

7.1 No Medical Advice

7.2 "As Is" Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, non-infringement
• That the Service will be uninterrupted, secure, or error-free
• That defects will be corrected
• That the Service is free of viruses or harmful components

7.3 Third-Party Services

We integrate with third-party services (Google Calendar, Stripe, etc.). We are not responsible for the availability, accuracy, or functionality of third-party services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BABYTIME AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect Damages: Lost profits, data loss, goodwill, or business interruption
• Consequential Damages: Any damages arising from your use or inability to use the Service
• User Content: Damages resulting from user-generated content or third-party actions
• Data Loss: Loss of data due to technical failures (though we maintain backups)

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM (OR $100, IF GREATER).

Some jurisdictions do not allow limitation of implied warranties or liability for incidental damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless BabyTime, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms or applicable law
• Your violation of any third-party rights (including intellectual property or privacy rights)
• Content you upload or share through the Service

10. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you also agree to our Privacy Policy.

Key privacy points: We use GDPR-compliant practices, encrypt your data, never sell your information, and honor data deletion requests.

11. Termination

11.1 By You

You may delete your account at any time from the app settings. Upon deletion:

• Your subscription will be canceled (no refund for unused time)
• Your data will be deleted within 90 days (except as required by law)
• You can request immediate deletion by contacting support

11.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Pose a security risk to other users
• Fail to pay subscription fees

We will provide reasonable notice before termination unless immediate action is required for security or legal reasons.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

If you have a dispute, please contact us at support@babytime.app first. We'll work in good faith to resolve the issue informally.

12.2 Binding Arbitration

If informal resolution fails, you agree that disputes will be resolved through binding arbitration rather than in court, EXCEPT:

• Claims in small claims court (if they qualify)
• Claims for injunctive relief or intellectual property protection

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You and BabyTime agree to waive the right to a jury trial or class action.

12.3 Class Action Waiver

You agree that disputes will be arbitrated on an individual basis only. You waive the right to participate in class actions or representative proceedings.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

14. Changes to the Service

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service (with notice when feasible)
• Change features, functionality, or availability
• Add or remove subscription tiers
• Update system requirements

We are not liable for any modification, suspension, or discontinuation of the Service.

15. Miscellaneous

15.1 Entire Agreement

These Terms, along with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and BabyTime.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control (natural disasters, wars, pandemics, internet outages, etc.).

16. Contact Information

Questions about these Terms? Contact us:

17. Acknowledgment

BY USING BABYTIME, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.