1. Agreement to T&C
1.1. These Terms & Conditions (these "Terms") are a legally binding agreement between users you ("you") and Perinatal Digital Inc., legal address: 8 The Green Ste R, Dover, DE 19901, USA ("we", “our” or "us"), which regulates the conditions and rules of use of the Service “Pava Baby Tracker” (“Service”), including all information, text, graphics, software, and services, available for your use (“Content”).
1.2. These Terms apply to all visitors, users, and others who wish to access or use the Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By accepting these Terms or by using the Service, you acknowledge that you have read and agree to be bound by these Terms and that you have the full authority to enter into and bind yourself to the Terms.
1.3. Please also review our Privacy Policy and Cookie Notice. The terms of these documents and other supplemental terms, policies, or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference.
1.4. By using the Service, you represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into these Terms and to abide by the terms and conditions of these Terms.
1.5. These Terms contain indemnification (Section 10), Limitation of Liability (Section 11), and Disclaimer of Warranties (Section 12). If you disagree with any part of the Terms, then you should not access or use the Service.
1.6. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide you with a prior notice before any new Terms take effect.
2. Specific disclaimers & restrictions
2.1. Not all information described in the Service is suitable for everyone. The Service is intended only as a tool which may be useful in taking care of your children. You acknowledge that if your activities encouraged or inspired by the Service involve any risks, you assume those risks and understand and agree that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children.
2.2. We do not offer or provide any form of medical advice, health insurance or other healthcare services. The Service is not a substitute for professional healthcare. You should consult with your physician or other qualified healthcare professional to determine whether the Service is safe and effective for you and your children.
2.3. We may personalize the Service we offer to you based on information obtained during the registration process. While we make reasonable efforts to meet your individual objectives, we make no guarantees that our personalized plans and offers are based on all information obtained during registration and designed uniquely.
2.4. We make no guarantees concerning the results you may achieve, and you accept the risk that results will differ for each individual.
2.5. We do not make any representation that the Service is accessible, appropriate or legally available for use in your jurisdiction.
2.6. Additionally, we do not provide the Service to individuals and legal entities from the Republic of Belarus, the Russian Federation, occupied regions of Ukraine, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea (DPRK), the Republic of Sudan, the Syrian Arab Republic, and the Bolivarian Republic of Venezuela. We reserve the right to terminate the Terms without compensation to anyone who supports aggression against Ukraine.
3. Description of Service
3.1. Our Service provides you with parenthood-related content and instruments to record and analyze history of baby “events” (sleep time, food & medication intake, diaper change etc.). By entering the foregoing information about children in the Service, you represent and warrant that (i) you are parent or legal guardian, (ii) you consent to processing of personal data in accordance with our Privacy Policy, and (iii) you are authorized to provide consent.
3.2. If you order the Service through the website, we reserve the right to refuse or cancel it at any time due to unavailability, errors, or suspected activity.
3.3. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service.
3.4. We retain the right to implement any changes to the Service (whether to free or paid features) at any time.
3.5. Your access to and use of the Service is at your own risk.
3.6. When you upload your content to the Service, we will make periodic backups. However, we do not guarantee there will be no loss or corruption of data.
3.7. We reserve the right to suspend or terminate your access to the Service or any of its features, with or without notice to you, in the event that you breach these Terms.
4. Account Registration & Sharing
4.1. In order to use some functionality of the Service, you will need to register your account (“Account”). You represent that all information is truthful and accurate.
4.2. You are solely responsible for keeping your login IDs and passwords confidential.
4.3. If you decide to share the Account with another person (the “Recipient”), you agree to sharing your personal data with them.
5. Payments & subscriptions
5.1. Certain functionality of the Service may be offered for fees, either for one-time payment or on a subscription basis.
5.2. In case of choosing subscription, you acknowledge and agree that your subscription will automatically renew unlimited times under the exact same conditions unless you cancel as described in the Subscription & Refund Policy.
5.3. You authorize us and the App Stores to charge the applicable fees.
5.4. We may modify associated fees at any time. Any fee change will become effective at the end of the current period.
5.6. Paid fees are final and non-refundable, except as required by law or stated in our policies.
5.7. For more terms regarding Subscriptions and refunds, refer to the Subscription & Refund Policy.
6. End-User License Agreement (EULA)
6.1. All text, images, marks, logos, software, and materials are proprietary to us or third parties.
6.3. We grant you a non-transferable, non-exclusive license to use the Service solely for your personal, non-commercial purposes.
7. User Content & Personal Data
7.1. The information you submit (User Content) remains your intellectual property.
7.2. You grant us a worldwide, royalty-free license to use, reproduce, modify, and distribute your User Content in connection with the Service.
7.7. You acknowledge and consent that we utilize Meta Pixel to gather insights about your interactions with our website.
8. App stores, Third Party Websites, other users
8.1. Availability of the Service is dependent on the third party from which you received the Service (e.g., Apple App Store, Google Play).
8.3. We are not responsible for Third Party Websites linked in our Service.
9. User obligations
9.1. By using the Service, you represent and warrant that:
- You are neither subject to sanctions of the UN, US, EU, or UK, nor located in subject territories.
- You are not located in a US-embargoed or "terrorist supporting" country.
- You are not on any US government list of prohibited parties.
- Your use will not violate applicable laws.
9.4. You also agree not to:
- Reverse engineer the software.
- Create derivative works.
- Interfere with security features or distribute viruses.
- Bypass paywalls.
- Cause harm to our website or domains.
10. Indemnification
You agree to indemnify and hold harmless us, our personnel, and affiliates against any claims resulting from your use of the Service, your User Content, or your violation of these Terms.
11. Limitation of Liability
11.1. In no event shall we be liable for indirect, incidental, special, consequential or punitive damages... resulting from your access to or use of the Service.
11.2. Our maximum liability to you is limited to the amounts you have paid to us for the preceding three (3) months.
12. General Disclaimer of Warranties
12.1. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.
13. Governing law and applicable court
13.1. All matters relating to these Terms shall be governed by the internal laws of Delaware, USA.
13.3. Any dispute shall be subject to the exclusive jurisdiction of the Delaware courts.
14. Termination
We may cancel any or all of the active Subscriptions or terminate the Terms immediately without any cause or in case of breach.
15. Miscellaneous
15.6. You acknowledge and agree that all our communication with you, including via email, is electronic communication equivalent to written communication. By clicking buttons labeled “Continue”, “Pay”, “Register”, you are entering into a legally binding contract.
16. Contact us
If you have any questions regarding these Terms, you may contact us at [email protected].