Terms of Service and End User License Agreement
1. Introduction
Welcome to the babylog application (the "App"). This App is published by or on behalf of Data Driven Development FZ-LLC (the "Company," "we," "us," or "our") with a registered address at DMC-BLD05-VD-G00–491, Dubai Internet City, Dubai, United Arab Emirates.
By downloading, accessing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms of Service and End User License Agreement ("Terms"). These Terms apply to all users of the App.
2. Eligibility and Account Holders
The App is designed for use by parents, guardians, and other adult caregivers ("you," "Account Holder," or "Caregiver") to track and understand information about a baby in their care. You must be at least 18 years old to create an account and use the App. The App is not directed at, and should not be used by, children.
Any information about a baby that you enter into the App is provided by you, as a parent, guardian, or authorized caregiver, at your own discretion and consent. The baby is not a user of the App and does not create an account.
3. Acceptance of Terms
By using the App, you are agreeing to these Terms. If you do not agree to these Terms, please do not use the App. We reserve the right to modify or amend these Terms from time to time without notice. Your continued use of our App following the posting of changes to these Terms will mean you accept those changes.
4. Privacy Policy
Your use of the App is also subject to the Company's Privacy Policy. Please review our Privacy Policy, which also governs the App and informs users of our data collection practices, including practices specific to information about your baby.
5. Scope of License
The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the App solely for your personal, non-commercial purposes strictly in accordance with these Terms.
6. User Conduct
You agree to use the App in compliance with all applicable laws. You are responsible for the accuracy of any information you log in the App, including information about your baby's feeding, sleep, health-related entries, and growth measurements.
When using babylog, you agree not to:
- Use the App for any unlawful, harmful, or fraudulent purpose;
- Enter false or misleading information about a baby with the intent to deceive another caregiver on the same account;
- Attempt to gain unauthorized access to any part of the App or its systems, including another user's account or care team;
- Interfere with or disrupt the integrity or performance of the App.
7. Care Team and Multi-Caregiver Access
The App allows an Account Holder (the "Owner," meaning the person who created the baby's profile) to invite other caregivers (such as a partner, grandparent, or nanny) to view and log information about the same baby ("Care Team").
You understand and agree that:
- All members of a baby's Care Team have equal access to log, view, and edit the baby's information within the App, unless otherwise stated in the App;
- Only the Owner can invite or remove Care Team members;
- Any caregiver you invite will be able to see all information logged about the baby, including historical entries logged before they joined;
- If a caregiver is removed from the Care Team, they will lose access to the baby's information going forward, but the Company is not responsible for information a former caregiver already viewed, saved, or shared outside the App while they had access.
You are responsible for only inviting individuals you trust with access to your baby's information.
8. Not Medical Advice
babylog is a tracking and organizational tool. Predictions, patterns, and any content provided within the App (including any educational or "Lessons" content) are for informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your child's pediatrician or other qualified health provider with any questions regarding your baby's health, feeding, sleep, or development. Never disregard professional medical advice or delay seeking it because of something read or predicted in the App.
9. Payment, Subscriptions, Refunds and Free Trials
The App is free to download, and core logging features are free to use. Certain features (including predictions, patterns, widgets, and unlimited caregivers) are only available to subscribers ("babylog Plus"). We offer subscription options, including monthly and annual plans, which may include a free trial period as described at the time of purchase. Upon confirmation of your purchase, payment will be charged to your designated account through the applicable app store (Apple App Store or Google Play).
To cancel your subscription and request a refund, follow the instructions provided by the App Store or Google Play, as applicable. Refund requests should be directed to the relevant app store. If you cancel your subscription, the cancellation will take effect at the end of the current subscription period.
To prevent renewal of the subscription, you must cancel before the end of the current subscription period, in accordance with the applicable app store's requirements. If you do not cancel in time, your subscription will automatically renew.
Please note that if you have started a free trial, you will forfeit the remainder of the free trial period upon purchasing a subscription.
10. User Content
babylog allows users to log entries (such as feeding, sleep, diaper, growth, and notes) and, optionally, upload a photo of their baby. You represent that all information you provide will be true, accurate, and current to the best of your knowledge, and you agree to update it as necessary.
You are solely responsible for the content that you log or upload, including any notes or photos. Data Driven Development FZ-LLC does not endorse, and is not responsible for, content entered by users on the App. You agree not to upload or enter content that is harmful, offensive, obscene, abusive, invasive of another person's privacy, defamatory, or otherwise unlawful. Data Driven Development FZ-LLC may review and remove any content at any time for any reason, including if we believe your content violates these Terms.
11. Intellectual Property Rights
Except for your User Content, babylog and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, illustrations (including the app mascot), educational or "Lessons" content, and all intellectual property rights related thereto, are the exclusive property of Data Driven Development FZ-LLC.
You acknowledge and agree that you shall not use, reproduce, or distribute any content from babylog belonging to Data Driven Development FZ-LLC without obtaining authorization from Data Driven Development FZ-LLC.
12. No Warranty
babylog is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory. Data Driven Development FZ-LLC specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Predictions, patterns, and insights provided by the App are estimates based on logged data and general information about infant development; they are not guaranteed to be accurate for your specific baby. Data Driven Development FZ-LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content or predictions; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service or reliance on any prediction or content within it; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
13. Limitation of Liability
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with babylog is to uninstall babylog and to stop using the service.
To the fullest extent permitted by law, in no event will Data Driven Development FZ-LLC, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (i) any indirect, special, incidental, punitive, exemplary, or consequential damages; (ii) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use babylog, reliance on any prediction or content within the App, or actions taken by any Care Team member, regardless of legal theory, without regard to whether Data Driven Development FZ-LLC has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose.
14. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its principles of conflicts of law. You agree to submit to the personal jurisdiction of the state and federal courts in or for Delaware for the purpose of litigating all such disputes.
15. Changes to the Terms
Data Driven Development FZ-LLC reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use babylog after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using babylog.
16. Contact Us
If you have any questions about these Terms, please contact us at general@aicaloriecounter.com