IMPORTANT - PLEASE READ CAREFULLY

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and Ashot Asoyan ("Company", "we", "us", "our") regarding your use of the Beeby: Baby Vax Tracker mobile application ("App", "Service", "Application").

By downloading, installing, accessing, or using the Beeby application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms, you must not use the App and should uninstall it immediately.

1. ACCEPTANCE OF TERMS

By accessing or using the Beeby application, you accept and agree to be bound by these Terms and Conditions and our Privacy Policy. If you disagree with any part of these Terms, you may not access or use the Service.

These Terms apply to all users of the App, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

2. DESCRIPTION OF SERVICE

Beeby: Baby Vax Tracker is a mobile application designed to help users track and manage their child's vaccination schedule and immunization records. The App provides:

• Vaccination schedule information based on general CDC-recommended guidelines

• Tools to track vaccination status and dates

• Reminder notifications for scheduled vaccinations

• Digital storage of vaccination records

• PDF export functionality for vaccination records

• Multiple child profile management (premium feature)

3. MEDICAL DISCLAIMER

CRITICAL MEDICAL DISCLAIMER - READ THIS CAREFULLY

THE APP IS PROVIDED FOR INFORMATIONAL AND ORGANIZATIONAL PURPOSES ONLY. THE APP IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION PROVIDED BY THIS APP.

• Not Medical Advice: The vaccination schedules, information, and recommendations provided in the App are general guidelines based on CDC recommendations and are not personalized medical advice for your specific child.

• Consult Healthcare Providers: You must always consult with qualified healthcare providers, including pediatricians, family doctors, or other licensed medical professionals, regarding all matters relating to your child's health, including vaccination decisions, timing, and any concerns or questions.

• Individual Circumstances: Vaccination schedules may vary based on individual medical history, health conditions, geographical location, and other factors. Only your healthcare provider can determine the appropriate vaccination schedule for your child.

• No Doctor-Patient Relationship: Use of this App does not create a doctor-patient relationship between you and the Company or any of its employees, contractors, or affiliates.

• Emergency Situations: This App is not designed for emergency situations. If you believe your child has a medical emergency, call your local emergency services immediately (e.g., 911 in the United States).

• Vaccine Information Accuracy: While we strive to provide accurate and up-to-date vaccination information, we do not guarantee the completeness, accuracy, or timeliness of any information in the App. Vaccine recommendations and schedules may change, and local requirements may vary.

• No Medical Diagnosis or Treatment: The App does not diagnose, treat, cure, or prevent any disease or medical condition. It is solely a record-keeping and organizational tool.

By using this App, you acknowledge and agree that you understand these medical disclaimers and will not rely on the App for medical advice or decision-making.

4. USER RESPONSIBILITIES

You agree to:

• Accurate Information: Provide accurate, current, and complete information when using the App, including but not limited to your child's date of birth and vaccination records.

• Medical Consultation: Consult with qualified healthcare providers for all medical decisions, including vaccination schedules, timing, and any health concerns.

• Data Verification: Verify all vaccination information with your healthcare provider before relying on it for any purpose, including school enrollment, travel, or medical records.

• Appropriate Use: Use the App only for lawful purposes and in accordance with these Terms. You will not use the App in any way that could damage, disable, overburden, or impair the App or interfere with any other party's use of the App.

• Security: Maintain the security of your device and any passcodes or security measures associated with the App. You are responsible for all activities that occur under your use of the App.

• Children's Privacy: If you are using the App on behalf of a child, you represent and warrant that you are the parent or legal guardian of that child and have the authority to consent to the collection and use of the child's information as described in our Privacy Policy.

5. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE APP.

WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR:

• Any errors, omissions, or inaccuracies in vaccination schedules, recommendations, or information provided through the App

• Any decisions made or actions taken (or not taken) based on information provided by the App

• Any health-related consequences, medical complications, or adverse events resulting from reliance on the App

• Any missed vaccinations, delayed vaccinations, or failure to receive appropriate medical care

• Any harm to your child or anyone else resulting from use or misuse of the App

• Any loss or corruption of data stored in the App

• Any interruption or cessation of transmission to or from the App

• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App

• Any user-generated content or conduct of third parties

IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100.00) IF NO PAYMENT WAS MADE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

6. DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY

• FITNESS FOR A PARTICULAR PURPOSE

• NON-INFRINGEMENT

• ACCURACY, RELIABILITY, OR CORRECTNESS OF INFORMATION

• UNINTERRUPTED OR ERROR-FREE SERVICE

• SECURITY OF DATA OR INFORMATION

• TIMELINESS OF INFORMATION

THE COMPANY DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

7. DATA AND PRIVACY

Your use of the App is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection, use, and protection of your information.

Key points about data:

• Local Storage: By default, your data is stored locally on your device. We do not have access to your vaccination records or personal information unless you explicitly choose to use cloud sync features.

• Data Accuracy: You are solely responsible for the accuracy of all data you enter into the App. We are not responsible for any errors or omissions in data you provide.

• Data Loss: You are responsible for maintaining backups of your data. The Company is not responsible for any loss of data, including but not limited to data loss due to device failure, app updates, or user error.

• Cloud Sync: If you choose to use cloud sync features (iCloud), your data will be synced according to your device's iCloud settings. The Company is not responsible for iCloud availability, data synchronization issues, or data stored in iCloud.

8. IN-APP PURCHASES

The App may offer in-app purchases for premium features ("Premium Features"). By making an in-app purchase, you agree to:

• Payment Terms: All purchases are final and non-refundable unless otherwise required by law or as required by Apple's App Store terms.

• Apple Terms: In-app purchases are processed through Apple's App Store and are subject to Apple's terms and conditions.

• Subscription/One-time Purchase: Please check the specific terms of your purchase. Some features may require a one-time purchase, while others may require a subscription.

• Premium Features: Premium features are provided "as is" and may be modified, discontinued, or restricted at any time without notice.

• No Refunds: Except as required by law, all in-app purchases are final and non-refundable.

If you believe you have been charged incorrectly, please contact Apple Support directly.

9. INTELLECTUAL PROPERTY RIGHTS

The App and its original content, features, and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, distribute, sell, or lease any part of the App

• Reverse engineer or attempt to extract the source code of the App

• Remove or alter any copyright, trademark, or other proprietary notices

• Use the Company's trademarks, logos, or other proprietary information without express written permission

10. USER CONTENT

You retain ownership of any content you create, enter, or upload to the App ("User Content"), including but not limited to vaccination records, notes, and photos.

By using the App, you grant the Company a limited, non-exclusive, royalty-free license to:

• Store and process your User Content solely for the purpose of providing the Service

• Display your User Content within the App to you

• Create backups and restore your User Content as part of the Service

The Company does not claim ownership of your User Content and will not use it for any purpose other than providing the Service.

11. THIRD-PARTY SERVICES

The App may contain links to third-party websites, services, or resources that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for:

• The content, privacy policies, or practices of any third-party services

• Any loss or damage that may arise from your use of any third-party services

You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any third-party services.

Vaccination information provided in the App may reference or be based on recommendations from organizations such as the CDC (Centers for Disease Control and Prevention) or other health authorities. The Company is not affiliated with, endorsed by, or sponsored by these organizations.

12. PROHIBITED USES

You agree not to use the App:

• In any way that violates any applicable law or regulation

• To harm, threaten, or harass any person

• To transmit any viruses, malware, or other malicious code

• To attempt to gain unauthorized access to the App or its related systems

• To interfere with or disrupt the App or servers or networks connected to the App

• To impersonate or attempt to impersonate the Company or any other person or entity

• For any commercial purpose without express written consent

• In any manner that could disable, overburden, damage, or impair the App

13. TERMINATION

Termination by You: You may stop using the App at any time by uninstalling it from your device.

Termination by Us: We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms

• Fraudulent, abusive, or illegal activity

• Request by law enforcement or other government agencies

• Extended periods of inactivity

• Discontinuation or material modification of the Service

Upon termination:

• Your right to use the App will immediately cease

• You should uninstall the App from your device

• The Company is not obligated to maintain or provide your data after termination

• All provisions of these Terms that by their nature should survive termination shall survive

14. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the App and uninstall it.

15. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law: These Terms shall be governed by and construed in accordance with the laws of Netherlands, without regard to its conflict of law provisions.

Dispute Resolution: Any disputes arising out of or relating to these Terms or the App shall be resolved as follows:

• Informal Negotiation: You and the Company agree to first attempt to resolve any dispute informally by contacting each other in good faith.

• Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

• Jurisdiction: If arbitration is not enforceable, you agree that any legal action or proceeding shall be brought exclusively in the courts located in Netherlands, and you hereby consent to the jurisdiction of such courts.

16. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other legal notices published by the Company in the App, shall constitute the entire agreement between you and the Company concerning the App.

18. WAIVER

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. FORCE MAJEURE

The Company shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or revolutions, or any other similar cause beyond the reasonable control of the Company.

20. CONTACT INFORMATION

If you have any questions about these Terms and Conditions, please contact us at:

Email: support@beeby.app

21. ACKNOWLEDGMENT

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT:

• You understand the medical disclaimer and will not rely on the App for medical advice

• You will consult with healthcare providers for all medical decisions

• You are solely responsible for the accuracy of data entered into the App

• You understand the limitations of liability and warranty disclaimers

• You accept these Terms as a binding legal agreement

If you do not agree to these Terms, you must not use the App and should uninstall it immediately.

22. AGE RESTRICTIONS

The App is intended for use by adults who are responsible for tracking children's vaccination records. Users must be at least 18 years old or have parental/guardian consent to use the App.

By using the App, you represent and warrant that:

• You are at least 18 years old, OR

• You are using the App with the permission and supervision of a parent or legal guardian who is at least 18 years old

• If you are a parent or guardian permitting a minor to use the App, you agree to be bound by these Terms on behalf of the minor

23. APPLE-SPECIFIC TERMS

If you downloaded the App from the Apple App Store:

• Apple as Third-Party Beneficiary: Apple is a third-party beneficiary to these Terms and has the right to enforce these Terms against you.

• Apple Terms: These Terms are between you and the Company only, not with Apple. Apple is not responsible for the App or its content.

• Maintenance and Support: Any maintenance or support for the App is provided by the Company, not Apple.

• Warranty: If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple will have no other warranty obligation.

• Product Claims: Any claims relating to the App must be directed to the Company, not Apple.

• Intellectual Property: If the App infringes a third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of any such claim.

24. UPDATES AND MODIFICATIONS

The Company reserves the right to:

• Modify, update, or discontinue any feature of the App at any time

• Release new versions of the App

• Require you to update to continue using the App

• Change the App's functionality, features, or user interface

The Company is not obligated to provide notice of such changes, except as required by law or these Terms.

END OF TERMS AND CONDITIONS