Terms of Use
Agreement
This Agreement governs your use of the Babybloom Website ("Website," available at babybloom.ai), the Babybloom Mobile Application ("Applications"), and Babybloom content, including text, graphics, videos, images, information, and other materials ("Content").
By using the Website, Applications, or Content, you agree to be bound by these Terms of Service. Babybloom sp. z o.o. ("Babybloom") may update these Terms from time to time. We will provide notice of material changes by email or by posting the updated Terms on the Website at least 15 days before they become effective. Your continued use of the Website, Applications, or Content after such notice constitutes your acceptance of the updated Terms.
The Babybloom Privacy Policy explains how we handle your personal data. By using the Website, Applications, or Content, you consent to our use of your data as described in the Privacy Policy.
1. No Medical Advice
The Website, Applications, and Content are for informational purposes only and do not constitute medical advice.
2. Parental Guidance and Supervision
You are solely responsible for the safety and well-being of your child. Never engage in any activity or exercise that you believe may be inappropriate or unsafe for your child's developmental stage. If you have any concerns about your child's ability to safely participate in a particular activity or exercise, consult with a qualified healthcare professional for guidance.
3. Account Registration and Use
3.1 Account Creation
To access certain Babybloom services, you may be required to create an account. You must provide accurate and complete information during account registration.
3.2 Account Security
You are solely responsible for the security and confidentiality of your account credentials, including your password. You shall take all reasonable measures to prevent unauthorized access to your account. This includes:
3.3 Third-Party Service Integrations
By connecting your Babybloom account with a third-party service, you authorize Babybloom to access and use your information from that service as permitted by the third-party service's terms of use.
3.4 Account Usage Restrictions
You may not use another user's account without their express permission. Babybloom reserves the right to modify, suspend, or terminate your account at any time and for any reason, in its sole discretion.
4. User Submissions and Ideas
4.1 User Conduct: You agree not to use the Website, Applications, or Content to:
Submit any false, inaccurate, or misleading information.
Infringe any third-party intellectual property rights or other rights.
Violate any applicable laws, regulations, or ordinances.
Submit any libelous, defamatory, threatening, harassing, or obscene content.
Submit any content that contains viruses, malware, or other harmful code.
Interfere with the use of the Website, Applications, or Content by others.
Impersonate any person or entity.
Submit any content that you are not authorized to submit.
Encourage or incite illegal or harmful activities.
4.2 Disclaimer: Babybloom does not endorse or guarantee the accuracy or propriety of any user submissions.
4.3 Removal of Content: Babybloom reserves the right, but not the obligation, to remove, edit, or relocate any user submissions that violate these Terms of Use or for any other reason.
4.4 Idea Submissions: Any ideas or suggestions submitted by you to Babybloom regarding the Website, Applications, or Content ("Ideas") shall be deemed to be non-confidential and non-proprietary. Babybloom shall have the unrestricted right to use, disclose, and exploit such Ideas without any obligation or compensation to you.
5. Intellectual Property
5.1 Ownership: Babybloom and its licensors retain all rights, title, and interest in and to the Website, Applications, Content, and all related Intellectual Property Rights.
5.2 Restrictions: Except as expressly permitted herein, you may not:
5.3 Limited License: Babybloom grants you a limited, non-exclusive, non-transferable, and revocable license to:
6. License Termination and Assignment
6.1 Termination: Babybloom may terminate this Agreement and your license to use the Website, Applications, and Content at any time, with or without cause.
6.2 Assignment: This Agreement is not assignable by you. Babybloom may assign this Agreement and any rights granted herein without restriction.
7. User Submissions
7.1 License Grant: By submitting any material to Babybloom through the Website, Applications, or Content, you grant Babybloom and its Affiliates a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material in any media or format now known or later developed.
7.2 Representations and Warranties: You represent and warrant that:
7.3 Identification: Babybloom may identify you as the author of your submissions by name, email address, or screen name.
7.4 User Access: Other users may access, display, and print your submissions for personal use.
8. Third-Party Services
8.1 Links to Third-Party Sites: The Website, Applications, or Content may contain links to third-party websites, applications, or services ("Third-Party Services").
8.2 No Endorsement: Babybloom does not endorse, recommend, or guarantee any Third-Party Services. Babybloom is not responsible for the availability, content, accuracy, or reliability of any Third-Party Services.
8.3 No Liability: Babybloom shall not be liable for any damages or losses arising from your use of or reliance on any Third-Party Services.
8.4 Transactions with Third Parties: Any transactions conducted between you and third-party providers of goods or services are solely between you and the third party. Babybloom is not a party to such transactions and shall not be liable for any claims arising from such transactions.
9. Disclaimer of Warranties
THE BABYBLOOM WEBSITE, APPLICATIONS, CONTENT AND ANY INFORMATION, MATERIALS, GOODS AND SERVICES PROVIDED BY OUR AFFILIATES, LICENSORS, USERS, OR OTHER THIRD-PARTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF BABYBLOOM WEBSITE, APPLICATIONS, CONTENT AND ANY INFORMATION, MATERIALS, GOODS AND SERVICES PROVIDED BY OUR AFFILIATES, LICENSORS, USERS, OR OTHER THIRD-PARTIES IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BABYBLOOM WEBSITE, APPLICATIONS AND CONTENT AND ANY INFORMATION, MATERIALS, GOODS AND SERVICES PROVIDED BY OUR AFFILIATES, LICENSORS, USERS, OR OTHER THIRD-PARTIES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND BY BABYBLOOM, WHETHER EXPRESSED OR IMPLIED. BABYBLOOM EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF: (1) ACCURACY, (2) COMPLETENESS, (3) CURRENTNESS, (4) RELIABILITY, (5) MERCHANTABILITY, (6) FITNESS FOR A PARTICULAR PURPOSE, (7) NON-INFRINGEMENT, OR (8) TITLE.
BABYBLOOM FURTHER EXPRESSLY DISCLAIMS THAT THE WEBSITE, APPLICATIONS OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNITERRUPTED OR SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BABYBLOOM, INCLUDING ON OUR WEBSITE, APPLICATIONS OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BABYBLOOM, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SERVANTS, CONTRACTORS, AFFILIATES, LICENSORS, PARENTS, SUBSIDIARIES, SHAREHOLDERS, OWNERS, MEMBERS OR ANY OTHER AFFILIATED COMPANIES, ENTITIES OR PERSONS BE LIABLE UNDER ANY THEORY OF LIABILITY, INCLUDING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR WEBSITE, APPLICATIONS, CONTENT, OR ANY INFORMATION, MATERIALS, GOODS AND SERVICES PROVIDED BY OUR AFFILIATES, LICENSORS, USERS OR OTHER THIRD PARTIES, EVEN IF WE ARE ADVISED BEFORE HAND OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL BABYBLOOM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR WEBSITE, APPLICATIONS OR CONTENT OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
WITH RESPECT TO OUR WEBSITE, APPLICATIONS, CONTENT, AND ANY INFORMATION, MATERIALS, GOODS AND SERVICES PROVIDED BY OUR AFFILIATES, LICENSORS, USERS OR OTHER THIRD PARTIES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BABYBLOOM, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SERVANTS, CONTRACTORS, AFFILIATES, LICENSORS, PARENTS, SUBSIDIARIES, SHAREHOLDERS, OWNERS, MEMBERS OR ANY OTHER AFFILIATED COMPANIES, ENTITIES OR PERSONS SHALL NOT BE LIABLE FOR ANY (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES ; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE, APPLICATIONS, CONTENT OR ANY INFORMATION, MATERIALS, GOODS AND SERVICES PROVIDED BY OUR AFFILIATES, LICENSORS, USERS OR OTHER THIRD PARTIES; (III) UNAUTHORIZED ACCESS TO OR USE OF SERVERS WE USE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVERS WE USE; (V) BUGS, VIRUSES, TROJAN HORSES, SPYWARE OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVERS WE USE BY ANY THIRD PARTY; (VI) LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF OUR WEBSITE, APPLICATIONS, CONTENT OR ANY INFORMATION, MATERIALS, GOODS AND SERVICES PROVIDED BY OUR AFFILIATES, LICENSORS, USERS OR OTHER THIRD PARTIES AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL BABYBLOOM, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SERVANTS, CONTRACTORS, AFFILIATES, LICENSORS, PARENTS, SUBSIDIARIES, SHAREHOLDERS, OWNERS, MEMBERS OR ANY OTHER AFFILIATED COMPANIES, ENTITIES OR PERSONS BE LIABLE TO YOU FOR ANY CLAIMS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BABYBLOOM HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11. Discontinuance and Modifications
Babybloom reserves the right, at any time and without prior notice, to:
12. Governing Law
12.1 Applicable Law: This Agreement and any disputes arising from it shall be governed by and construed in accordance with the laws of the Republic of Poland.
12.2 International Use: If you access or use the Website, Applications, or Content from outside the United States, you are solely responsible for complying with all applicable local laws and regulations.
12.3 Prohibited Use: You may not use the Website, Applications, or Content if you are a resident of a country embargoed by the United States or if you are a person or entity blocked or denied by the United States government.
13. Dispute Resolution
13.1 Informal Resolution: For any dispute arising under this Agreement, you agree to first attempt to resolve the dispute informally by contacting Babybloom through the "Contact Us" link.
13.2 Binding Arbitration: If the parties cannot resolve a dispute informally, all disputes (except for claims for injunctive relief) shall be finally and exclusively resolved by binding arbitration in Warsaw, Poland, administered by the Polish Arbitration and Mediation Center (PAM) under its applicable rules.
13.3 Arbitration Procedures:
13.4 Small Claims Court: For claims that qualify for small claims court, you may bring such claims in the small claims courts of Warsaw, Poland.
13.5 Class Action Waiver: You agree that any arbitration shall be conducted in your individual capacity and not as a class action or representative action.
14. Injunctive Relief
Nothing in this Agreement shall limit Babybloom's right to seek injunctive relief or other equitable remedies from a court of competent jurisdiction to prevent or enjoin actual or threatened infringement, misappropriation, or violation of Babybloom's Intellectual Property Rights, data security, or other proprietary rights. You agree to submit to the exclusive jurisdiction of the courts located in Warsaw, Poland, for any such action.
15. Class Action Waiver
You agree that any arbitration or legal proceeding arising out of or relating to this Agreement shall be conducted on an individual basis only and shall not be brought as a class action, consolidated action, or representative action.
16. Notifications
16.1 Methods of Notification: Babybloom may provide notifications to you by email, written notice, or by posting such notices on the Website, Applications, or Content.
16.2 Email Notifications: By providing your email address to Babybloom, you consent to receiving service-related notices, including any legally required notices, via email.
16.3 Marketing Communications: Babybloom may also use your email address to send you marketing communications, such as special offers and updates. You may opt-out of receiving marketing communications by following the "unsubscribe" link in such emails.
17. Miscellaneous
17.1 Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be construed, to the extent possible, to reflect the original intentions of the parties, with the remaining provisions of this Agreement remaining in full force and effect.
17.2 Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party waiving such provision. No waiver of any breach of this Agreement shall constitute a waiver of any subsequent breach.
17.3 Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, and agreements, whether oral or written.
17.4 Headings: Section headings are for convenience only and shall not affect the interpretation of this Agreement.
17.5 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of Poland, excluding its conflict of laws rules.
Last modified on December 12, 2024
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