Back to home
B

Terms of Service

Effective date: [EFFECTIVE_DATE] Last updated: [LAST_UPDATED]

These Terms of Service ("Terms") form a legally binding agreement between you ("you", "your", or "User") and [COMPANY_LEGAL_NAME], a company organized under the laws of [JURISDICTION] with its registered address at [COMPANY_ADDRESS] ("BabyHQ", "we", "us", or "our"), governing your access to and use of the BabyHQ website, mobile web application, and related services (collectively, the "Service").

Please read these Terms carefully before using the Service. By creating an account or using the Service, you agree to these Terms and to our Privacy Policy and Medical Disclaimer. If you do not agree, do not use the Service.

1. Eligibility

You may use the Service only if:

  • You are at least 18 years old (or the age of majority in your jurisdiction if higher).
  • You are the parent, legal guardian, or authorized caregiver of the child whose information you provide.
  • You have the legal capacity to enter into a binding contract.
  • You are not prohibited from using the Service under applicable law.

The Service is not directed at or intended for use by children under the age of 13. We do not knowingly allow children under 13 to create accounts or provide personal information directly.

2. Description of the Service

BabyHQ is an AI-powered conversational companion designed to provide parents with information, guidance, and emotional support relating to the care, development, feeding, and sleep of children aged 0–5. The Service delivers content primarily through a chat interface powered by large language models, complemented by summary views and notifications.

The Service is not a medical service and does not provide medical advice. See our Medical Disclaimer for important limitations.

We may modify, add, or remove features of the Service at any time. We will endeavor to give reasonable notice of material changes that negatively affect paying subscribers.

3. Not Medical Advice

You acknowledge and agree that:

  • BabyHQ provides general information and guidance only and is not a substitute for professional medical, pediatric, or mental health advice, diagnosis, or treatment.
  • No physician-patient relationship, therapist-client relationship, or any similar professional relationship is created by your use of the Service.
  • You will always consult a qualified pediatrician or other healthcare professional before making decisions that could affect your child's health, safety, or wellbeing.
  • In any emergency, you will contact your local emergency services immediately rather than relying on the Service.

The full Medical Disclaimer is incorporated into these Terms by reference.

4. AI-Generated Content

The primary output of BabyHQ is generated by artificial intelligence systems, including large language models provided by third parties such as Anthropic. You understand that:

  • AI-generated responses may be inaccurate, incomplete, outdated, inappropriate for your specific situation, or otherwise flawed.
  • AI systems can produce content that sounds authoritative but is factually incorrect.
  • You are responsible for independently evaluating and verifying any AI-generated content before acting on it.
  • We do not guarantee the accuracy, completeness, or suitability of any AI-generated content.

5. Account Registration

To use the Service, you must create an account through our identity provider (currently Clerk). You agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain and promptly update your account information.
  • Keep your credentials confidential and not share your account with others.
  • Notify us immediately at [CONTACT_EMAIL_SUPPORT] if you suspect unauthorized access.
  • Accept responsibility for all activity that occurs under your account.

We may refuse, suspend, or terminate accounts at our sole discretion, subject to applicable law.

6. Subscription Plans, Billing, and Cancellation

6.1 Paid subscriptions

Certain features of the Service require a paid subscription. Current plans, pricing, and features are displayed at https://babyheadquarter.com/pricing (or equivalent page) and may be updated from time to time.

6.2 Payment processing

Payments are processed by Stripe. By purchasing a subscription, you authorize us and Stripe to charge your chosen payment method on a recurring basis for the subscription fee, applicable taxes, and any other charges incurred in connection with your use of the Service.

6.3 Automatic renewal

Subscriptions renew automatically at the end of each billing period (monthly or annually, as selected) at the then-current rate, unless you cancel before the renewal date.

6.4 Cancellation

You may cancel your subscription at any time from within the Service or by contacting [CONTACT_EMAIL_SUPPORT]. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of that period.

6.5 Free trial

If we offer a free trial, you must cancel before the trial ends to avoid being charged. Unless otherwise stated, free trials are limited to one per household.

6.6 Refunds

Except where required by applicable law, fees are non-refundable. We may, at our discretion, issue refunds on a case-by-case basis (for example, for billing errors). Users in the European Union and certain other jurisdictions may have statutory withdrawal rights; these rights are preserved and not limited by these Terms.

6.7 Price changes

We may change subscription prices with reasonable advance notice (at least 30 days for paid subscribers). Price changes apply to renewals after the notice period. If you do not agree, you may cancel before the change takes effect.

7. User Content

7.1 What is User Content

"User Content" means any information you provide through the Service, including chat messages, profile information about you and your child, preferences, notes, and any other input.

7.2 Your ownership

You retain all rights to your User Content. You do not assign ownership to us.

7.3 License to us

You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, process, transmit, display, and modify your User Content solely as necessary to operate, maintain, improve, and provide the Service to you, and to comply with legal obligations. This license terminates when you delete your User Content or close your account, except for limited purposes such as backups, dispute resolution, or legal compliance (see our Privacy Policy).

7.4 AI training

We do not use your User Content to train foundation AI models belonging to us or third parties, unless we first obtain your explicit, informed consent. If we offer an opt-in program in the future (for example, to help improve the Service with anonymized conversations), participation will be voluntary.

7.5 Your responsibilities

You represent and warrant that your User Content:

  • Does not violate any law or third-party right.
  • Is accurate to the best of your knowledge.
  • Relates only to you and to a child for whom you are the parent, legal guardian, or authorized caregiver.
  • Does not include information about any individual (other than yourself and your child) without their consent (or, for the child, without the consent of any other legal guardian where such consent is required by law).

8. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any law.
  • Use the Service to harm, endanger, or neglect a child; or to justify, plan, or conceal such harm.
  • Use the Service to substitute for emergency medical care.
  • Share your account with any other person.
  • Impersonate another person or misrepresent your relationship to a child.
  • Attempt to reverse engineer, decompile, probe, or extract the underlying models, prompts, or data of the Service.
  • Use automated means (scripts, bots, scrapers) to access the Service without our written consent.
  • Upload malicious code, viruses, or harmful content.
  • Interfere with, overload, or disrupt the Service or its infrastructure.
  • Attempt to circumvent rate limits, paywalls, or security measures.
  • Use the Service to generate content that is harmful, abusive, harassing, hateful, or sexually explicit regarding any child.
  • Resell, sublicense, or commercially exploit the Service without our written consent.

We may suspend or terminate your account for violations of this section, with or without notice.

9. Third-Party Services

The Service integrates with and depends on third-party providers, including:

  • Anthropic (AI/LLM provider for Claude API)
  • Clerk (identity, authentication, account management)
  • Stripe (payment processing)
  • Neon (database hosting)
  • Vercel (frontend hosting)
  • Resend (transactional email)

Your use of these providers is subject to their respective terms. We are not responsible for the acts or omissions of third parties, except as required by applicable law.

10. Privacy

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and protect your information. By using the Service, you acknowledge the practices described there.

11. Intellectual Property

11.1 Our content

All content in the Service other than User Content — including software, designs, text, graphics, logos, AI system prompts, and trademarks — is owned by us or our licensors and is protected by intellectual property laws.

11.2 Your license to use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

11.3 Trademarks

"BabyHQ", "babyheadquarter.com", and our logos are trademarks of [COMPANY_LEGAL_NAME]. You may not use them without our prior written consent.

11.4 Feedback

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

12. Termination

12.1 By you

You may stop using the Service at any time and close your account through the account settings or by contacting [CONTACT_EMAIL_SUPPORT].

12.2 By us

We may suspend or terminate your account and access to the Service if:

  • You violate these Terms or applicable law.
  • Continued provision of the Service to you would expose us or others to legal or security risk.
  • We discontinue the Service (with reasonable advance notice where feasible).

12.3 Effects of termination

Upon termination, your right to use the Service ceases. Sections that by their nature should survive termination (e.g. ownership, disclaimers, limitation of liability, dispute resolution) will survive.

13. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory.

We do not warrant that:

  • The Service will be uninterrupted, error-free, or secure.
  • The AI-generated content will be accurate, complete, reliable, timely, or appropriate.
  • Any defects will be corrected.

Some jurisdictions do not allow exclusion of certain warranties; in those jurisdictions, the above exclusions apply to the maximum extent permitted by law.

14. Limitation of Liability

To the maximum extent permitted by applicable law:

  • In no event will [COMPANY_LEGAL_NAME], its affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
  • Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total fees you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars (USD $100).

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence, death, personal injury caused by our negligence, or any other liability that cannot be excluded or limited under applicable law.

15. Indemnification

You agree to indemnify and hold harmless [COMPANY_LEGAL_NAME], its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your violation of these Terms.
  • Your User Content.
  • Your violation of applicable law or any third-party right.
  • Your use or misuse of the Service.

This obligation survives termination of your account and these Terms.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of [JURISDICTION], without regard to its conflict-of-laws rules.

Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively by [DISPUTE_RESOLUTION_BODY]. You and we waive any objection to the jurisdiction or venue of such body.

(Attorney to consider: class action waiver, arbitration clause for US users, consumer-forum protections under EU/UK/Colombian law.)

17. Changes to the Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect, unless a shorter period is required by law. Your continued use of the Service after the effective date of the changes constitutes acceptance. If you do not agree, you must stop using the Service and may cancel any paid subscription before the change takes effect.

18. Miscellaneous

  • Entire agreement. These Terms, together with the Privacy Policy and Medical Disclaimer, constitute the entire agreement between you and us regarding the Service.
  • Severability. If any provision is found unenforceable, the remaining provisions remain in full force.
  • No waiver. Our failure to enforce any right is not a waiver of that right.
  • Assignment. You may not assign these Terms without our consent. We may assign them to a successor in connection with a merger, acquisition, or sale of assets.
  • Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
  • Notices. We may send notices to the email address associated with your account or by posting within the Service.

19. Contact

If you have questions about these Terms, contact us at [CONTACT_EMAIL_LEGAL] or [COMPANY_ADDRESS].

These Terms are provided in English. If a translation is provided, the English version prevails in case of conflict, except where applicable law requires otherwise.