TERMS OF USE

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1.1 Agreement

Thank you for using our application "This Is Your Baby". These Terms of Use, together with the Privacy Policy below, govern your use of This Is Your Baby. By using This Is Your Baby, you are entering into a legally binding agreement (the "Agreement") between you and Midwife Beth Ltd. The Agreement applies to You, the person downloading and/or using This Is Your Baby, as well as any other persons whom you allow to access This Is Your Baby (collectively referred to as the "User, "You" or "Your").

 

1.2 Authorized Users

The Service is available only to users who are at least 18 years old. Under no circumstances should the Service be used by children under 16 years of age. This Is Your Baby will not knowingly provide information to, or collect personal information from any person we know to be in this age group. If the User is using the Service for the benefit of a child, please do not provide information relating to such child unless You have obtained the child's parents' or guardians' consent, including their consent to our Privacy Policy. If You discover that Your child has been using the Service without your consent, or that someone has been using the Service for or on behalf of Your child without Your consent, please contact us using the information below under "Contact Us," and we will take reasonable steps to delete the child's information from our active databases.

You may not make commercial use of the Service, but You may use the Service for Your personal use subject to this Agreement. Use of and access to the Service is void where prohibited. By accessing and using the Service, You shall ensure that (a) any and all registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information; (c) Your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline and (d) You consent to receiving messages and promotional material offering in-app purchases.

 

1.3 Medical Disclaimer

The information and reference materials contained in This Is Your Baby are intended solely for the general information of the User. Any and all use of the Service is at the User's risk, and does not take the place of medical care from a licensed medical care provider.

This Is Your Baby is not to be used for medical diagnostic purposes or for any treatment purposes. Rather This Is Your Baby can be used in connection with discussion and advice provided by the User's own physician or health care provider. The information provided by This Is Your Baby is not intended to take the place of professional medical care.

The information provided by This Is Your Baby is neither intended to dictate what constitutes reasonable, appropriate, or best care for any given health issue, nor is it intended to be used as a substitute for the independent judgment of a physician for any given health issue. Midwife Beth Ltd is not responsible or liable in any way for the User's health or health goals. This Is Your Baby is not equipped to consider the unique circumstances that define the health issues or other physical attributes of the User. If You have persistent general health problems or if You have specific questions, please consult Your health care provider. Informational content or suggestions contained in This Is Your Baby do not necessarily represent the opinions of Midwife Beth Ltd.

Midwife Beth Ltd makes no representations or warranties with respect to use of the Service. User is responsible for obtaining and adhering to medical advice from licensed medical providers.  Midwife Beth Ltd cannot and does not accept any liability for such medical advice or lack thereof. In agreeing to use of the Service, User also agrees to assume all the risk associated with said use.

 

1.4 Auto-renewing Subscriptions, Payments and Cancellation

If You choose to buy a Premium ("Premium") subscription, payment will be charged to Your Apple ID account or Google account at the confirmation of purchase. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to Your account settings on the App Store or Google Play Store after purchase.

By purchasing Premium, You expressly understand and agree to our refund policy:

All purchases are final. Midwife Beth Ltd cannot issue refunds for purchases charged to Your Apple ID or Google account. Please contact Apple Inc.'s or Google LLC directly. The App Store and Google Play Store does not allow developers to issue refunds for purchases made by customers.

 

1.5 Limitations of Liability

To the extent permitted under law, Midwife Beth Ltd disclaims all implied warranties and representations (e.g., warranties of merchantability, fitness for a particular purpose, and accuracy of data). The software and content are distributed on an "as is" basis. Likewise, Midwife Beth Ltd does not guarantee that the services provided through This Is Your Baby will function with accuracy at all times. Midwife Beth Ltd does not guarantee the results and data displayed through This Is Your Baby or obtained from This Is Your Baby. The User recognizes and agrees that factors beyond the control of Midwife Beth Ltd can impact the accuracy of services and data provided through This Is Your Baby.

As such, you acknowledge and agree that to the maximum extent permitted by law, You bear the risk arising out of Your use of the Service. In no event will Midwife Beth Ltd's liability arising out of or in connection with this Agreement and/or Your use of the Service exceed the amounts You have paid to Midwife Beth Ltd for use of the Service at the time that any dispute arises between You and Midwife Beth Ltd. To the extent the jurisdiction in which You make use of the Service does not allow parties to limit their liability, this clause shall be disregarded and all other clauses of this Agreement shall remain in force.

To the extent permitted under law, Midwife Beth Ltd shall not be liable to User or others for any direct, indirect, incidental, special, consequential, punitive damages, or lost profits, or for any loss of data or for any personal health consequences related to the services offered through This Is Your Baby, and/or from the use or inability to use the application or its associated web site and/or any other web sites which are linked to site. Midwife Beth Ltd likewise shall not be liable to User that result directly or indirectly from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized uses of This Is Your Baby.

This limitation of liability is part of the basis of the Agreement between You and Midwife Beth Ltd, and shall apply to all clams of liability (e.g., warranty, tort, negligence, and contract) shall be limited to the amounts You have paid to Midwife Beth Ltd for use of This Is Your Baby.

Midwife Beth Ltd shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise (in each case whether direct, indirect or consequential) or from any costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement.

Midwife Beth Ltd does not warrant that any of the files available for downloading through the Apple Store or Google Play Store will be free of viruses or similar contamination or destructive features. User expressly agrees that the entire risk as to the quality and performance of the products and the accuracy or completeness of the content is assumed solely by you the User Midwife Beth Ltd shall not be liable for any direct, indirect, incidental, special or consequential damages to You arising out of the use of or inability to use the software, even You have been advised of the possibility of such damages.

 

1.6 Indemnity

You agree to defend, indemnify, and hold harmless Midwife Beth Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Your use of the Services.

 

1.7 Termination

Midwife Beth Ltd or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to use of access This Is Your Baby. The following shall survive termination:

- Midwife Beth Ltd's rights to use and disclose your feedback;
- All Disclaimers and Limitations of Liability included in this Agreement.

User agrees that notice of termination shall be supplied to Midwife Beth Ltd at the following email address: support@thisisyourbaby.com

 

1.8 Dispute Resolution

The parties will attempt in good faith to resolve any dispute or claim arising out of or relating to this Agreement promptly through negotiations between them.

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If the matter is not resolved through negotiation, the parties will attempt in good faith to resolve the dispute or claim through an Alternative Dispute Resolution (ADR) procedure as recommended to the parties by the Centre for Dispute Resolution.

If the matter has not been resolved by an ADR procedure within 60 days of the initiation of such procedure, or if either party will not participate in an ADR procedure, the dispute shall be referred to arbitration.

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

You acknowledge and agree that You and Midwife Beth Ltd are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Midwife Beth Ltd otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding Arbitration Rules and Governing Law.

 

1.9 Severability and Entire Agreement

If a court with authority over this Agreement finds any part of it not enforceable, the parties to this Agreement agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do so, the parties will request that the court remove the unenforceable provision, and enforce the remainder of the Agreement. This Agreement is the entire agreement Midwife Beth Ltd and the User.

Midwife Beth Ltd reserves the right to change the terms of this Agreement and will provide notice to User if we do. No change will be applied retroactively. If the User does not agree to the changes, the User must stop using This Is Your Baby.

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1.10 Intellectual Property

All content, including but not limited to text, images, and models contained in This Is Your Baby software and/or the associated website are property of Midwife Beth Ltd. Midwife Beth Ltd holds the copyrights in all text, images, and models contained in This Is Your Baby software and/or the associated website, and in the related display of any such test, images and/or models. No duplication or reproduction of content is permitted without express written authorization from Midwife Beth Ltd. Any rights not expressly granted herein are reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Clinical scenarios, example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

 

 

PRIVACY POLICY

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2.1 Privacy Policy

This privacy policy tells User how Midwife Beth Ltd uses personal information collected by This Is Your Baby. By using This Is Your Baby, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy in the settings section of the app whenever you chose to make sure that you understand how any personal information you provide will be used. Note: the privacy practices set forth in this privacy policy are for This Is Your Baby only. If you use other apps created by Midwife Beth Ltd please review the privacy policies posted there.

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2.2 Collection of Information

Midwife Beth Ltd collects personally identifiable information, like names, birth date, personal thoughts, photos, email addresses, etc., when voluntarily entered by our users. The information you provide is used to fulfil your specific request to maintain your private records. This information is only used to fulfil your specific request, unless you give us permission to use it in another manner.

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2.3 Analytics

The services contained in this section enable Med ART Studios to monitor and analyse app traffic and can be used to keep track of User behaviour.

Firebase (Google). Firebase is an app analysis service provided by Google Inc. ("Google"). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.

Personal Data collected: Usage Data.

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2.4 Commitment to Data Security

Your personally identifiable information will be stored on our secure servers. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All communication or emails from Midwife Beth Ltd allow you to opt out of further contact.

However, Midwife Beth Ltd does not represent or warranty that Your personal information could not become available to third parties. By using this application, you hereby acknowledge that you understand and accept the risk that any information you enter into the application may become available to third parties and that you indemnify and hold harmless Midwife Beth Ltd from any claim or demand related to that risk.

By submitting or including content in This Is Your Baby, you grant Midwife Beth Ltd and any company substantially under the control of the Midwife Beth Ltd, the right to remove any content or comment that, in the Application Provider's sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable.

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Contact Us

For questions or comments about the Terms of Use or Privacy Policy, please email us at: support@thisisyourbaby.com