Terms of Service

By accessing or using Babilly (the "Service"), you agree to be bound by these Terms of Service (these "Terms"). If you do not agree to these Terms, please do not use the Service. These Terms constitute a legally binding agreement between you and Babilly.

You represent and warrant that you have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization (such as a daycare), you represent that you have authority to bind that organization.

You must be at least 18 years old to create an account and use the Service. By using Babilly, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

The Service is intended for parents, legal guardians, and authorized caregivers. You must have the legal authority to track and share information about the infant(s) you create profiles for.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at security@babily.app if you suspect unauthorized access to your account.

You agree to provide accurate, current, and complete information during registration and to keep your account information updated. We reserve the right to suspend or terminate accounts that provide false or misleading information.

You may not transfer your account to another person without our prior written consent.

You agree to use the Service only for its intended purpose — tracking and monitoring infant care activities. You agree not to:

• Use the Service for any unlawful, fraudulent, or abusive purpose
• Share access to or log data about babies you do not have legal guardianship, parental rights, or authorization over
• Attempt to gain unauthorized access to other users' accounts, data, or systems
• Reverse-engineer, decompile, disassemble, or attempt to extract the source code of the Service
• Transmit viruses, malware, or other harmful or malicious code
• Use the Service in any way that could harm minors or violate child protection laws
• Scrape, crawl, or automated extract data from the Service
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Use the Service to send unsolicited communications or spam

When you share a baby profile with a caregiver or daycare provider, you grant that party access to the specific data categories you select. You are solely responsible for ensuring that any person you invite to access your child's data is legally authorized to do so.

You may revoke access at any time through the app, and revocation takes effect immediately. However, we cannot guarantee that a caregiver who has already viewed data will forget what they saw, nor can we recall emails or reports already sent.

Daycare providers using the Service must comply with all applicable childcare licensing laws, HIPAA obligations, and staff confidentiality requirements. Daycare owners are responsible for the actions of their staff within the Service.

Babilly is a tracking and logging tool and is not a medical device. The Service is not intended to diagnose, treat, cure, or prevent any disease or condition. The information logged in the app does not constitute medical advice.

Always consult a qualified healthcare professional for any medical concerns about your child's health, development, or nutrition. Any alerts, thresholds, or insights generated by the Service (such as low milk intake warnings or sleep recommendations) are informational only and not a substitute for professional medical judgment.

Do not rely solely on the Service for critical health monitoring. In a medical emergency, contact your healthcare provider or emergency services immediately.

The Service is currently offered free of charge. We may introduce paid subscription plans in the future. If we do, we will notify you in advance and provide clear pricing information before any charges apply.

For any paid features, you agree to pay all applicable fees as described at the time of purchase. Fees are billed in advance on a recurring basis and are non-refundable except as required by law or as explicitly stated in our refund policy.

You can cancel a subscription at any time. Cancellation takes effect at the end of the current billing period.

The Service, including its design, code, branding, features, and content (excluding user-entered data), is owned by Babilly and protected by copyright, trademark, and other intellectual property laws.

You retain full ownership of all data you enter into the Service, including baby profiles, health logs, journal entries, and photos. By using the Service, you grant us a limited, non-exclusive license to store and process your data solely as necessary to provide the Service to you.

You may not copy, modify, distribute, or create derivative works from the Service without our prior written consent.

You are solely responsible for the data and content you enter into the Service, including its accuracy, legality, and appropriateness. You warrant that you have all necessary rights to the content you submit and that it does not violate any third-party rights.

We do not monitor user-entered data and have no obligation to do so. However, we reserve the right to remove or restrict access to content that we believe violates these Terms or applicable law.

You may export your data from the Service at any time. We are not responsible for data loss resulting from account deletion or failure to maintain backups of your data.

You may delete your account at any time from within the app. Upon account deletion, your data will be processed in accordance with our Privacy Policy, including soft-deletion and audit retention requirements.

We reserve the right to suspend or terminate your account if you violate these Terms, if your activity poses a risk to the Service or other users, or as required by law. We will provide notice where reasonably possible, except in cases of urgent security or legal concerns.

Upon termination, all licenses granted to you under these Terms immediately cease. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and governing law) will remain in effect.

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected.

We do not warrant that the Service will meet your specific requirements or that results from using the Service will be accurate or reliable. You use the Service at your own risk.

Any health-related insights, alerts, or recommendations provided by the Service are for informational purposes only and are not a substitute for professional medical advice.

To the fullest extent permitted by law, Babilly shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service, including but not limited to loss of data, loss of profits, or loss of goodwill.

Our total aggregate liability arising out of or related to these Terms or the Service shall not exceed the amount you paid us in the twelve months preceding the claim (if any). For free-tier users, our liability is limited to the minimum permitted by applicable law.

We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, network failures, or third-party service outages.

You agree to indemnify and hold harmless Babilly and its affiliates from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

We reserve the right, at our own expense, to assume the exclusive defense of any matter for which you are required to indemnify us. You will not settle any matter without our prior written consent.

We may revise these Terms at any time. We will provide notice of material changes via the app or email at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you may discontinue use of the Service and delete your account.

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

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be submitted to binding arbitration in Delaware, under the rules of the American Arbitration Association.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

For questions about these Terms, please contact us at legal@babily.app.

If you are a daycare provider with questions about your obligations under these Terms, please contact daycare@babily.app.