We provide a range of products and services, including consumer and medical products, websites, customer support, and other offerings. Collectively, we refer to these as “Product” or “Products.”
The following terms and conditions govern the use of our Products, referred to as “Terms and Conditions.” References to “Baby Health Care, Inc.,” “we,” or “us” indicate Baby Health Care, Inc. unless the context suggests otherwise.
Please read these Terms and Conditions thoroughly. By purchasing or using our Products, you agree to these Terms and Conditions, forming a legally binding contract regarding your use of our Products. If you do not agree with these Terms and Conditions, do not use our Products.
As our Products vary, additional terms or requirements may apply and are included with the relevant Products. These additional terms and requirements become part of your contract with us.
Consumer and Medical Products Baby Health Care, Inc. offers both consumer and medical products based on regulatory clearances, as applicable. Customers should understand the differences between the two. Many of our Products are consumer products, not medical devices, and are not intended to be used as such. They do not diagnose, cure, treat, alleviate, or prevent any disease or health condition or investigate, replace, or modify anatomy or any physiological process.
We also sell medical products that have been cleared or approved by regulatory bodies and are classified and registered as medical devices. Product documentation will inform you of the Product’s classification as a medical product. Such products have been tested and validated to meet specific quality and safety standards by regulatory bodies and are held to higher standards than those that have not. Instructions for use, handling, maintenance, and performance will be provided separately with these Products, and users are expected to review and follow that documentation. Our medical products may require a prescription and can only be used for the child for whom the prescription was issued.
OUR PRODUCTS DO NOT PROVIDE ANY MEDICAL ADVICE OR OPINIONS AND DO NOT SERVE AS A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL. INFORMATION AND REPORTS FROM OUR PRODUCTS MAY BE SHARED WITH MEDICAL PROFESSIONALS AT YOUR OWN RISK, UNDERSTANDING THAT THE PRODUCTS ARE PROVIDED WITHOUT WARRANTY EXCEPT AS REQUIRED BY LAW OR AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
None of the Products are intended for emergencies. If you think you OR YOUR CHILD may have a medical emergency, contact your doctor or emergency services immediately. Never disregard professional advice or delay seeking treatment based on information from our Products.
Use of Our Products
Proper Use. Use our Products only for their intended purpose. Unless indicated as medical products, they do not diagnose, cure, treat, alleviate, or prevent any disease or health condition or investigate, replace, or modify anatomy or any physiological process. Never use our Products to replace good parenting, common sense, or appropriate medical care. Use our Products only as permitted by law, including applicable export and re-export control laws and regulations.
You will not, and will not permit anyone under your control to, do or attempt to do any of the following:
- Use or access our Products using a method other than the interface and instructions provided.
- Bypass or remove any security restrictions on our Products for any purpose, including to install unauthorized software or retrieve data from our Products other than as intended. Such use may put you or your baby at risk or hinder the proper use of our Products.
- Use our Products to harm, threaten, or harass any person or organization.
- Use our Products for your own commercial gain.
- Use or attempt to use any unauthorized means to modify, reroute, or gain access to the Products in an unintended manner.
- Enable unauthorized third-party applications to access the Products.
- Share your account password or allow unmonitored access or use of the Products.
- Modify, copy, or create derivative works based on any Products.
- Copy, modify, distribute, sell, lease, or reverse engineer any part of our Products or attempt to extract the source code of any software included in the Products unless legally allowed by the laws of your country or with our written permission.
- Use any automated process or service (such as a bot or spider) to access or use any Product, or to copy or scrape data from any Product.
- Use unauthorized software or hardware to access any Product or modify it in an unauthorized way (e.g., through unauthorized repairs, upgrades, or downloads).
Improper use or violation of these Terms and Conditions may result in us stopping the provision of our Products to you or terminating your service (see Section 5, Termination of Services, below).
Age Recommendations. While there is no age restriction for using our Products, Baby Health Care, Inc. recommends that caregiver users be at least 18 years old. By agreeing to these Terms and Conditions, you affirm that (a) you are at least 18 years old; (b) you have not previously been suspended or removed from using the Products; and (c) your registration and use of the Products comply with the law.
Ownership; Proprietary Rights. We own and operate the Products, including trademarks, copyrights, visual interfaces, graphics, design, compilation, information, data, computer code (including source and object code), hardware, products, software, services, and all other elements of the Products. Your use of our Products does not give you ownership of any intellectual property rights in our Products or the data you access. We reserve all rights to the Products not expressly granted in these Terms and Conditions.
User Content. If you provide us with comments, suggestions, messages, reviews, photos, videos, images, or other information, you give us the right to use that information in any manner and for any purpose, including improving the Products and creating other products and services, consistent with our Privacy Policy. You also agree to provide only content that belongs to you, does not infringe on others’ rights, and is not defamatory, vulgar, harassing, or otherwise inappropriate.
We may remove or prohibit you from posting any content for any reason.
Software. If one of the Products you use includes software, we provide that software under a personal, non-assignable (meaning you can’t give it to anyone else), royalty-free, and non-exclusive license to use an object code copy of the software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Products consistent with these Terms and Conditions. Some of our Products may include software as a paid-for service. In those instances, you may be subject to separate terms and conditions for that software, which may not be royalty-free and may be limited in duration, depending on those terms and conditions.
Some software used in our Products may be offered under an open-source license that we will make available to you. There may be provisions in the open-source license that expressly override some of these Terms and Conditions.
Baby Health Care, Inc. Products or services may be interrupted or become unavailable, and if they are, you may need to rely on your own direct observations, supervision, and care of your baby. Your Product may store historical data for up to 24 hours following the loss of a connection. Once the device becomes available again, all available stored data is synced to your account and will be available to you through normal means.
Privacy Policy. When you use our Products, we collect personal information and may use it to improve our products and user experience. For research activities, we use only de-identified or aggregated data, which is not “personal information” and cannot be associated with you or your child. We treat the personal information you provide us consistent with the terms of our Privacy Policy. By using the Products, you agree that we can use the personal information you provide in accordance with our Privacy Policy. If you have any questions regarding our use of your data, you may reach us at support@babyhealthcare.us.
Any links to third-party websites in the Products are provided for convenience. We are not responsible for the content of or any actions taken by those third-party websites.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think someone is violating your copyrights and want to notify us, please contact us at support@babyhealthcare.us.
Termination of Services. To the extent permitted by applicable law, Baby Health Care, Inc. can suspend or terminate our service to your Products or suspend or terminate your right to use any Product, as it determines for any valid reason. For example, we may suspend or terminate a Product if you have, or if we reasonably believe you have, violated this agreement or in connection with any event or legal development beyond our control that hinders or prevents our ability to offer our Products. To the extent reasonable, we will notify you in advance of any such suspension or termination. However, if you materially violate this agreement, we can immediately suspend or terminate your right to use any Products. Additionally, we have no obligation to support any version of a Product once a new version of such Product is released.
You may also terminate your use of any Product and delete your account.
If your account is terminated or deleted for any reason, (a) we may retain all of your personal information (as defined in our Privacy Policy) associated with your use of a Product as long as it is required or permitted by applicable law, (b) your rights to use the Product will terminate, and (c) Sections 2 and 7 will survive such termination and continue to apply to the parties. Notwithstanding the foregoing, if your use of a Product is terminated for any reason, we may, without liability to you or any third party, immediately deactivate your account and delete your username, password, and account information, and all associated material (including personal information), without any obligation to provide any further access to such materials. If you have the right to delete the data associated with your account under applicable laws and regulations, please see our Privacy Policy for instructions on how to submit a request.
Warranties and Disclaimers. We provide our Products using a commercially reasonable level of skill and care. While we strive to provide you with quality Products, we don’t promise certain things about our Products.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS OR ADDITIONAL TERMS PROVIDED WITH AN INDIVIDUAL PRODUCT, NEITHER WE NOR OUR SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT OUR PRODUCTS. FOR EXAMPLE, WE DON’T MAKE ANY PROMISES ABOUT OUR PRODUCTS’ FUNCTIONALITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PRODUCTS “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND YOU USE OUR PRODUCTS AT YOUR OWN RISK.
BABY HEALTH CARE, INC. DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF OUR PRODUCTS. BABY HEALTH CARE, INC. ALSO DOES NOT WARRANT THE ACCURACY OF ANY PRODUCT OR DATA TRANSMITTED TO BABY HEALTH CARE, INC. OR ANY MEDICAL PROFESSIONAL, AND ALL DATA UPLOADED OR TRANSMITTED BY ANY PRODUCT IS PROVIDED TO YOU “AS IS.” BABY HEALTH CARE, INC. DOES NOT ASSUME ANY OBLIGATION TO, AND DOES NOT WARRANT THAT IT WILL, CREATE OR INCLUDE ADDITIONAL FEATURES OR FUNCTIONALITY FOR PRODUCTS.
EXCEPT AS INCLUDED IN ANY PRODUCT LABELING, AND WITHOUT LIMITING YOUR RIGHTS UNDER APPLICABLE LAW, IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR PRODUCTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THEIR USE.
Please read our Satisfaction Guarantee and Limited Warranty for additional information about our satisfaction guarantee and limited warranty.
You must purchase our Products directly from us or one of our authorized partners for our warranties to be valid. If you purchase from anyone else, our warranties are void.
HIPAA Disclaimer
Baby Health Care, Inc. is not a covered entity health care provider as defined by the Health Insurance Portability and Accountability Act (HIPAA) because we do not transmit health information in electronic form in connection with HIPAA standard transactions. We are also not a business associate to HIPAA-covered entities because we do not provide services that require us to access, create, use, disclose, maintain, or transmit patient protected health information on behalf of covered entities. Therefore, we are not required to comply with HIPAA, and any information you provide to us directly is not subject to HIPAA requirements. You agree that you will not make HIPAA claims against us.
Dispute Resolution. We strive to provide you with Products that you will enjoy using. However, we understand that sometimes you may not be satisfied with the Products. We both agree to use our best efforts to resolve any dispute between us in an amicable manner. If the dispute is unable to be resolved with informal efforts, we both agree to submit disputes to mandatory arbitration.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BABY HEALTH CARE, INC., WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY (EACH, A “DISPUTE”), WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT BABY HEALTH CARE, INC. AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU FURTHER AGREE THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND THAT YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES (CURRENTLY AVAILABLE XX), AS AMENDED BY THIS AGREEMENT. THE ARBITRATOR WILL CONDUCT HEARINGS, IF ANY, BY TELECONFERENCE OR VIDEOCONFERENCE, RATHER THAN BY PERSONAL APPEARANCES, UNLESS THE ARBITRATOR DETERMINES UPON REQUEST BY YOU OR BY US THAT AN IN-PERSON HEARING IS APPROPRIATE. ANY IN-PERSON APPEARANCES WILL BE HELD AT A LOCATION THAT IS REASONABLY CONVENIENT TO BOTH PARTIES WITH DUE CONSIDERATION OF THEIR ABILITY TO TRAVEL AND OTHER PERTINENT CIRCUMSTANCES. IF THE PARTIES ARE UNABLE TO AGREE ON A LOCATION, SUCH DETERMINATION SHOULD BE MADE BY THE AAA OR BY THE ARBITRATOR. THE ARBITRATOR’S DECISION WILL FOLLOW THE TERMS OF THIS AGREEMENT AND WILL BE FINAL AND BINDING. THE ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD TEMPORARY, INTERIM, OR PERMANENT INJUNCTIVE RELIEF OR RELIEF PROVIDING FOR SPECIFIC PERFORMANCE OF THIS AGREEMENT, BUT ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIM BEFORE THE ARBITRATOR. THE AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AND ENFORCED IN ANY COURT HAVING JURISDICTION THEREOF. NOTWITHSTANDING ANY OF THE FOREGOING, NOTHING IN THIS AGREEMENT WILL PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES AND, IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
Some jurisdictions outside the United States may not allow for arbitration of certain Disputes in certain circumstances. To the extent that you are a resident of such a jurisdiction, and this arbitration provision is found to be unenforceable by a court within such jurisdiction in connection with a Dispute between you and Baby Health Care, Inc., such Dispute will instead, to the extent permitted by applicable law, be resolved exclusively in the federal and state courts located in Utah, and you and Baby Health Care, Inc. each waive any jurisdictional, venue, or inconvenient forum objections to such courts.
In the event of a dispute arising under or relating to this Agreement, the disputing party must provide the other party with written notice of the dispute, including the facts giving rise to the dispute and the relief sought by the disputing party. We will provide such notice by email to your email address. You will provide such notice to Baby Health Care, Inc. by email to support@babyhealthcare.us.
Liability for our Products. WHEN PERMITTED BY LAW, WE, AND OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY AND OUR SUPPLIERS’ AND DISTRIBUTORS’ TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS AND CONDITIONS OR RELATED TO THE PRODUCTS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE PRODUCTS.
IN ALL CASES, WE AND OUR SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, NOR WILL BABY HEALTH CARE, INC. OR OUR SUPPLIERS AND DISTRIBUTORS BE LIABLE FOR INJURIES CAUSED BY A PROPERLY FUNCTIONING PRODUCT.
About these Terms and Conditions. We may modify these Terms and Conditions or any additional terms that apply to a Product. You should review these Terms and Conditions regularly. We’ll post notice of modifications to these Terms and Conditions on this page or within our mobile applications. If you do not agree to the modified Terms and Conditions for a Product, you should discontinue your use of that Product.
If there is a conflict between these Terms and Conditions and the additional terms, the additional terms will control for that conflict.
These Terms and Conditions are a legal agreement between us. They do not create any third-party beneficiary rights.
If you do not comply with these Terms and Conditions and we don’t take action right away, our inaction does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms of these Terms and Conditions.
The laws of Utah, U.S.A., excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms and Conditions or the Products. Both of us agree that the exclusive venue for any arbitration proceedings is Salt Lake City, Utah. In the event that either of us brings a lawsuit arising out of or relating to these Terms and Conditions or the Products, we both agree that it will be litigated exclusively in the federal or state courts of Salt Lake City, Utah, USA, and consent to personal jurisdiction in those courts.
For information on how to contact us, please visit our contact page.
Email: support@babyhealthcare.us
Mailing Address:
Baby Health Care Inc.
620 Newport Center Drive, STE 1100, Newport Beach, CA 92660
07/01/2024