Baby Sidekick Terms of Service

Last modified: July 6, 2014

These Terms of Service (these “Terms”) constitute the agreement (this “Agreement”) between Windrose Logic LLC, a California limited liability company (the “Company”) and the User (as defined below) of the Baby Sidekick mobile application (the “App”). These Terms are subject to change at any time and for any reason, without notice. Please note that the Company may terminate this Agreement or discontinue your use of the App or any portion or feature for any or no reason at any time.

The Company or the App does not provide any medical advice. If you think you may have a medical emergency, call 911 or your healthcare provider immediately.

 

  1. ACCEPTANCE OF TERMS

By downloading, installing and using the App, you expressly agree to be bound by these Terms as published from time to time at http://www.babysidekick.com/terms-and-conditions.  You may not use the App and you may not accept the terms of this Agreement if you are not of a legal age to form a binding contract with the Company.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity, that you have the authority to bind such entity.

Please review these Terms carefully before installing and using the App. Before you continue, you should print or save a local copy of this Agreement for your records. The Company is sometimes referred to herein as “we,” “us,” or “our” and the User is sometimes referred to as “you,” “your,” or “customer.”

 

  1. SERVICES

To use the App, you can either (i) create an account (“Registered User”), by providing your name, gender, birth date, photo (which is optional), type of caregiver (i.e. father, mother, day care or babysitter) (collectively, your “Account Information”), or (ii) anonymously enter the App without creating an account or providing any Personal Information (“Non-Registered User” and together with Registered User, “User”).

The services provided to Registered Users and Non-Registered Users are identical except Registered Users have the ability to save and share information with other Registered Users. [All the services provided by the App are accessed from the Dashboard (the main page after the home screen). The Dashboard allows Users to enter in and track various types of information including a child’s feeding and sleeping schedule (the “Services”)]. Once Users begin to enter in the various types of information relating to their child, the App will begin to collect this data (for your personal use) and will display the aggregate data in various forms to easily see different trends. The goal of this App is to assist parents and caregivers in understanding and tracking certain habits of their child(ren) and to better be able to accommodate to such habits.

In addition, the App provides Users with publically available data gathered by the Center for Disease Control and Prevention (“CDC”) (http://www.cdc.gov/growthcharts/cdc_charts.htm) in order for Users to compare their child’s personal growth and progress with the average metrics calculated by CDC. The Company is not responsible for the data generated by CDC including any inaccuracies that may exist.

 

  1. YOUR USE OF THE SERVICES

By using the App, you expressly authorize the Company to take all reasonable steps to perform the Services. Registered Users hereby authorize and permit the Company to use and store information submitted by you to accomplish the foregoing.

Your right to access and use the App and use the Services is personal to you and is not transferable by you to any other person or entity, and you may only access and use the App and the Services for lawful purposes.

Accurate records enable us to provide the App and the Services to you. You agree to provide true and complete information, and you may not misrepresent any Account Information. In order for the Services to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services provided to you will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services and the App.

[In order to allow you to use certain Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information or requiring you to take steps to confirm ownership of your email address. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services and the App.]

Your access and use of the App or the Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the App, or other actions that the Company, in its sole discretion, may elect to take. In no event will the Company be liable to any party for any loss, cost, or damage that results from any period of downtime of the App or the Services.

 

  1. DATA PROTECTION

The Company is committed to protecting your privacy. Our use of your personal information is governed by the terms of our Privacy Policy, which is incorporated into these Terms. The Privacy Policy may be updated from time to time at our discretion and changes will be effective upon our posting them to www.babysidekick.com/privacy-policy .  A copy of the Privacy Policy can be found at www.babysidekick.com/privacy-policy .

By using the App and the Services, you agree that the Company may collect and use technical data and related information, including but not limited to technical information about your device, system, application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. As more fully explained in the Privacy Policy, the Company may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

All information, data, and photographs you upload to the App (“User-Generated Data”), are the sole responsibility of the User who uploaded such User-Generated Data. We do not monitor the content that is uploaded to the App and take no responsibility for such content. We reserve the right to remove any User-Generated Data that violate these Terms.

 

  1. MEMBER ACCOUNT, PASSWORD, AND SECURITY

When you download the App and if you choose to be a Registered User, you will be prompted to register for an account by entering in identifying information and selecting a username and password (your “Credentials”). You are responsible for maintaining the confidentiality of your Credentials. We strongly recommend that you enable password-protection and other security features that may be made available on the App or your device.

If you believe that your Credentials or the device that you use to access the App has been lost or stolen, that someone is using your account without your permission, you may notify us to delete your account.

The following is our contact information:

Email:        support@babysidekick.com

 

  1. TERM AND TERMINATION

This Agreement is effective from the date you first download and use the App. You may terminate your account with the Company at any time. The Company may terminate or revise these Terms at any time with or without notice. The provisions and all obligations of and restrictions on you and any User of your account with respect to the App or Service shall survive any termination of these Terms.

You agree that the Company, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of the App or any Service, for any reason, including for lack of use or if the Company believes that you have violated or acted inconsistently with the spirit of these Terms. The Company may, also, in its sole and absolute discretion, and at any time, discontinue providing the Services or maintaining the App, or any part thereof, with or without notice. You agree that any termination of your access to the App or Service under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and prohibit any further access to all files, the App, or the Services by you. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the App or the Services.

You can cancel your registration with the App at any time. To cancel your account, email privacy@babysidekick..com.

 

  1. CONDITIONS OF USE.

(a)            You will not, nor allow third parties on your behalf, to (i) make and distribute copies of the App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; or (iii) create derivative works of the App of any kind whatsoever.

(b)            “Baby Sidekick” and all logos related to the Services are either trademarks or registered trademarks of the Company. You may not copy, imitate or use them without the Company’s prior written consent.

(c)            You agree not to use the App or the Services on any mobile or handheld device which you do not own or control and you agree not to distribute or make the App or the Services available over any network where it could be used by multiple devices at the same time.

(d)            The App is currently made available to you free of charge for your personal and commercial use. The Company reserves the right to amend or withdraw the App, or charge for the App or the Services provided to you in accordance with these Terms, at any time and for any reason.

(e)            You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise.

(f)            If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

 

  1. OWNERSHIP

Other than User-Generated Data, we own all right, title and interest, including all worldwide intellectual property rights in the App contained therein.

 

  1. AVAILABILITY

(a)            The Company will use reasonable efforts to make the App available at all times. However you acknowledge the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors outside the Company’s reasonable control.

(b)            The Company and its sub-contractors do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.

(c)            The Company will not be responsible for any support or maintenance for the App.

  1. SYSTEM REQUIREMENTS

(a)            In order to use the App, you are required to have a compatible mobile or handheld device, internet access, and the necessary minimum software specifications (“Software Requirements”).

(b)            The Software Requirements are as follows: iPhone, iPad, Android devices. Currently, the App is available in the English language only.

(c)            The version of the App software may be upgraded from time to time to add support for new functions and services.

 

  1. TERMINATION

The Company may terminate your use of the App and the Services at any time by giving notice of termination to you. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App and the Services.

 

  1. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

  1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. GOVERNING LAW

The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.