Terms of use

About these terms

Burp Baby (the “service”) is a tool for recording a baby’s feeds, diapers, sleep, medicines, temperatures, growth, vaccines and related events, and for sharing those records with the other caregivers in a household. It is operated from Texas, United States, by Burp Baby (“we”, “us”). Our privacy policy explains how we handle information and is part of these terms.

Who can use Burp Baby

You must be at least 18 years old and able to enter into a binding agreement to create or hold an account. Burp Baby is for parents, guardians and other adult caregivers. It is not for children.

Not medical advice

Burp Baby is a record-keeping tool. It is not a doctor, a hospital or a health plan, and it does not provide medical advice, diagnosis or treatment.

• It never suggests a medicine or a dose. Any dose you record is one you chose with your own medical professional.
• Reminders, timers and messages, such as how long ago something happened or a note about a temperature, state facts or give general guidance. They are not a substitute for professional judgment, and the absence of a message does not mean everything is fine.
• Growth percentiles and vaccine reference information are shown for general reference. They are not an assessment of your baby.
• Always follow the advice of your pediatrician or other health professional. If you are worried, call them. In an emergency, call your local emergency number. Do not delay care because of something you read, or did not read, in Burp Baby.

Accounts, logins, households and PINs

A household is a shared space. The person who sets it up and the other admins can add and remove people, and everyone in the household can see and change its records. You are responsible for the people you add and for keeping your PIN and household code to yourself and your household.

If you sign in with a username and password instead of a household code and PIN, your login is for you alone: please do not share it. Keep your password to yourself, and use one you do not use anywhere else. The email address on your login must be your own and one you can read, because we send it the emails your login needs: links to confirm an email address or reset your password, and a notice when your password, your email address or your username changes. You are responsible for what is done with your login.

A four-digit PIN is convenient but is not a strong secret. Please keep your devices locked. Tell us promptly if you think someone has gained access to your household or your login who should not have. We may pause or close an account to protect the service or its users.

Your information

The information you put into Burp Baby is yours. You give us permission to store it, process it and show it to the people in your household so that we can run the service for you, and for nothing else. Our privacy policy says what we collect, who sees it and how to have it deleted.

You promise that you have the right to enter the information you add, for example that you are the baby’s parent or guardian or are acting with their permission, and that you will keep it as accurate as you can. We cannot check what you enter and are not responsible for its accuracy.

Using Burp Baby properly

Please do not:

• use Burp Baby for anything unlawful, or to harm, harass or deceive anyone;
• try to guess PINs or passwords, get into a household or a login that is not yours, or get around the limits we place on sign-in attempts and on the forms that send email;
• probe, overload, scrape or interfere with the service, or try to reach parts of it that are not meant for you;
• upload anything that contains malware or that you do not have the right to upload;
• copy, resell or build a competing service from Burp Baby’s software or content.

Reminders and notifications

Reminders and notifications are conveniences. They can be late, missed or not delivered at all, for example because a phone is offline, in a low-power mode, has notifications switched off, or because a push provider could not deliver them. Do not rely on them alone for anything that matters to your baby’s health or safety. Keep your own routine and follow your health professional’s instructions.

Free use and paid plans

Burp Baby is free to start. We may offer paid plans, features or subscriptions in the future. If we do, we will show the price, the billing period, any free trial, and how to cancel before you buy, and those details will form part of these terms for that purchase. Purchases made through the Apple App Store are billed and managed by Apple under Apple’s terms. Payment processing, if we use any besides Apple, will be handled by [TBD: payment provider].

We will not charge you without asking first.

The service itself

We work to keep Burp Baby available and your records safe, but we cannot promise that it will always work, be error-free, or never lose data. We may change, add or remove features, or pause the service for maintenance. If we plan to end the service, we will give notice and a reasonable chance to copy your information.

Ending your use

You can stop using Burp Baby at any time, and you can ask us to delete your household or your login (see the privacy policy). We may suspend or end your access if you break these terms, if we must for legal reasons, or to protect the service or other people. When an account ends, we handle your information as the privacy policy describes.

Who owns what

The Burp Baby software, design, name and content (other than your information) belong to us or our licensors. We give you a limited, personal, non-exclusive, non-transferable permission to use the service for its intended purpose. If you send us feedback, we may use it without obligation to you.

No warranties

To the fullest extent the law allows, Burp Baby is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that any record, reminder, percentile or figure is complete or correct.

Limits on our liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost data, profits or goodwill, arising from your use of or inability to use Burp Baby. To the fullest extent the law allows, our total liability for any claim relating to the service is limited to the greater of the amount you paid us in the 12 months before the claim and $100.

Nothing in these terms limits liability that the law does not allow to be limited, and some places do not allow some of these limits, so they may not apply to you in full.

Governing law

These terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Please contact us first and give us a chance to resolve a problem informally. Any dispute that cannot be resolved that way will be brought in the state or federal courts located in [TBD: county] County, Texas, and you and we consent to those courts.

If you get the app from Apple

If you download the iPhone app from the Apple App Store, Apple’s standard Licensed Application End User License Agreement also applies. These terms are between you and us, not Apple. Apple has no obligation to provide support or maintenance for the app, and is not responsible for claims about it, but Apple and its subsidiaries are third-party beneficiaries of those terms and may enforce them against you.

Changes to these terms

We may update these terms. We will change the date at the top and, for a change that matters, tell you in the app or by email before it takes effect. If you keep using Burp Baby after a change takes effect, you accept the new terms.

General

If any part of these terms cannot be enforced, the rest still applies. Our not enforcing a right is not a waiver of it. You may not transfer your rights under these terms; we may transfer ours as part of a sale or reorganization of the service. These terms and the privacy policy are the whole agreement between you and us about Burp Baby.

Contact us

Questions about these terms: hello@burp.baby.

Mailing address: [TBD: mailing address]