Please read these Terms of Service (“Terms”) carefully, they constitute a legally binding contract. By (i) having created a user account with us; (ii) using any of the BabygrowthAI Apps; (iii) purchasing BabygrowthAI products or BabygrowthAI’s partners’ products (“Products”), or (iv) accessing babygrowthlatest.web.app, you have agreed to be bound by these Terms.
IMPORTANT: YOU SHOULD BE AWARE THAT BABYGROWTHAI IS NOT A PROVIDER OF MEDICAL ADVICE. BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY OR THE HEALTH OR SAFETY OF YOUR FAMILY OR FETUS, PLEASE CONSULT WITH A PROFESSIONAL. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROVIDER IMMEDIATELY.
We reserve the right to change these Terms from time to time, and such changes will become applicable to you if you continue to use the BabygrowthAI Apps or services , use BabygrowthAI Products, or access babygrowthlatest.web.app at any time after such changes are posted on our Website. Where we believe that any changes are material, we will notify you through an in-app notification, alerts on our Website and/or an email to the address you have provided us , but regardless of whether you receive such notice, any changes will become effective if you use any of the BabygrowthAI Apps, use BabygrowthAI Products, or access the Website at any time after such changes are published on this page. We recommend that you visit this page periodically to be sure you are aware of the most recent terms of this agreement.
If you do not agree to these Terms, do not use any of the BabygrowthAI Apps, BabygrowthAI Products, or babygrowthlatest.web.app, and if you do not wish to agree to any changes to these Terms, please cease using all BabygrowthAI Apps, BabygrowthAI Products, and babygrowthlatest.web.app and terminate your account.
These Terms describe a contractual agreement between you, the user of BabygrowthAI App, babygrowthlatest.web.app (“you”, “your”), BabygrowthAI Products (collectively “BabygrowthAI”, “us”, “we”, “our”), regarding your use of the applications offered by us through iPhones, Android phones and the internet, our website, babygrowthlatest.web.app (“Website”), any other element of our service (together with the BabygrowthAI Apps and the Website the “Services”) or BabygrowthAI Products. BabygrowthAI has the right to refuse registration of, or cancel your user account in its discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that BabygrowthAI has the right to terminate or limit your account in the event that BabygrowthAI determines, in its sole discretion, that you have violated the policies of the Services or any forum used by you, including by activities that adversely affect the experience of other users.
The contents of the BabygrowthAI Apps, the Website, and Services, including but not limited to text, graphics, images, advice, recommendations, any information provided by our medical partners, sponsors, or business partners or any other information which you may obtain in connection with your use of the Services (“Contents”), and BabygrowthAI Products are provided for your information only. These Contents do not constitute professional medical advice, diagnoses, or treatment, and you should not rely on them as such. Your physician has particular medical knowledge about you, your baby and your baby’s health and should always be consulted if you have a medical emergency or questions about a medical condition. Your decision to rely on any information you obtain in connection with your use of the Services and Products is at your sole discretion and risk.
Subject to your acceptance of these Terms, BabygrowthAI grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of the BabygrowthAI Apps, the Services and related software, BabygrowthAI Products, and to display the results of such Services and Products for your personal non-commercial use. You agree not to use the Services and Products for any other purpose, or to copy or distribute the content of the Service or Products except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of BabygrowthAI or its licensors.
Subject to your acceptance of these Terms, BabygrowthAI grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of the BabygrowthAI Apps, the Services and related software, BabygrowthAI Products, and to display the results of such Services and Products for your personal non-commercial use. You agree not to use the Services and Products for any other purpose, or to copy or distribute the content of the Service or Products except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of BabygrowthAI or its licensors.
BabygrowthAI may also offer you additional services (“Member Services”), which may include additional information and analysis. You acknowledge that BabygrowthAI may charge a fee for the use of any Member Services, provided that BabygrowthAI notifies you of any such fee before you incur it the first time. Subject to the foregoing, you agree to pay any fees incurred by you. If your agreement to purchase Member Services includes an “auto renewal” feature, you agree that you may only terminate such auto renewal in accordance with the processes described below under “Terms of Payment” or as may be specifically set forth on the relevant App or related webpage. In the event that you purchase a subscription for Member Services which extends beyond the end of the current calendar month and BabygrowthAI ceases to provide Member Services prior to the end of the term of your subscription, you may request a refund through the Apple App store or through Google Play. You acknowledge and agree, however, that you will not have any right to a refund in the event that Member Services are temporarily unavailable for technical or other reasons, or that BabygrowthAI changes the Member Services that you purchased, terminates any feature or functionality of such services, begins to offer such services to other users without charge or makes any other changes. YOU UNDERSTAND THAT YOU MAY NOT RECEIVE A REFUND OF ANY AMOUNTS EXCEPT IN EXCEPTIONAL CIRCUMSTANCES, AND THEN ONLY THROUGH THE APPLE OR GOOGLE SYSTEM YOU USED TO PURCHASE THE SUBSCRIPTION. Furthermore, in the event that your account is terminated or suspended for any reason (e.g., in connection with a material breach of these Terms or based on the discretion of BabygrowthAI), any unearned subscription payments will be forfeited unless the Company decides to pay a refund in its sole and absolute discretion.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use any Member Services that you have purchased, you have no right or title in or to any such Member Services or information appearing or originating in the Service or Products, or any other attributes associated with use of the Service or Product or stored within the Service or Product. Your right to use Member Services is not transferrable by you and, as with all materials available through the Services and Products, may not be resold, repackaged, sublicensed or otherwise made available to third parties.
BabygrowthAI reserves the right to discontinue the Services (including Member Services) and Products or to change the content of the Services (including Member Services) and Products in any way and at any time, with or without notice to you, without liability, except to the extent it terminates the offering of Member Services in its entirety.
The terms of any agreement to pay for any Member Services will be explained on the payment page on our website or mobile app, where you will confirm the particulars of your agreement. Some purchases will automatically renew. Any additional terms of any purchase including an automatic renewal are explained below or will be explained on the purchase page, which are incorporated herein.
You will pay for Member services through the Apple or Google system through which you obtained the relevant App upon confirmation of purchase. You agree to pay all charges you subscribe for on a BabygrowthAI App or otherwise through the Services or Products using this system.
Automatic Renewal/Free Trial Periods. Unless specifically noted at the time you purchase a subscription for Member Services, that subscription will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (“Auto Renew”), and your account will be billed the price you agreed to when subscribing during the 24-hour period prior to the expiration of your then current period, unless you turn off the auto-renewal at least 24-hours prior to the end of the current period. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to your AppleID/Google settings. The BabygrowthAI App settings will show the status of your subscription (e.g., free trial, Member or free user) and will link to the appropriate AppleID/Google subscription settings – but you must go to those settings to change your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We will use commercially reasonable efforts to remind you of the expiration of any free trial period (following which you would become a paid subscriber), but it is your responsibility to track when subscriptions commence and renew.
By subscribing, you authorize the Apple or Google system to charge your account at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Upon the renewal of your subscription, if you do not make the required payment, you agree that BabygrowthAI may either terminate or suspend your subscription and ask Apple or Google, as appropriate, to continue to attempt to charge your account until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service or Products.
Promotions. Any free trial or other promotion that provides subscriber-level access to the Service or Products must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. In the event that you purchase Member Services prior to the end of any free trial or promotional period, you will forfeit the remainder of the free trial or promotional period.
If you think you may have a medical emergency, call 911 or your healthcare provider immediately.
We recognize the importance of protecting the privacy of our users, particularly given the nature of that information.
You should be aware that BabygrowthAI may collect and collate a variety of information regarding your use of the Services or Products, and may cause the Service or Products to communicate to BabygrowthAI information about its operations even if you are not connected to the internet or a mobile service. BabygrowthAI is the sole owner of all such information it collects.
We collect, use and share your personal information as described in our Privacy Policy. Please review our Privacy Policy for details. By agreeing to these Terms, you are also agreeing to our Privacy Policy as if it were repeated here in its entirety. If you do not want us to use your personal information as described in our Privacy Policy, subject to your rights and choices described therein, please do NOT use the Services or Products.
BabygrowthAI employs a number of technical, organizational and physical safeguards designed to protect the personal information we collect. Although we make a good faith effort to store personal information in a secure environment, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your information.
You may learn private information about other users through one of the BabygrowthAI Apps, whether in one of our forums or otherwise. In addition, you may meet other users and choose to share information directly. You agree not to disclose information of other users that you may obtain through your use of the Services or Products or otherwise to third parties or use such information for any purpose (including especially marketing purposes) without the other user’s consent. You agree to use another user’s information only in connection with the Services or Products. Notwithstanding the foregoing, as described above, we may make some or all of the content of our blogs, message boards, online/mobile forums available to users and non-users on the internet or through our mobile App.
All content, design, graphics, compilation, magnetic translation, digital conversion and other matters making up the Services and Products are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by BabygrowthAI or one of its affiliates. Use of the Services or Products does not give you ownership of any intellectual property rights in any of the Content, documents or other materials you access. Our posting of information or materials on the Services or Products does not constitute a waiver of any right in such information and materials. You may not copy, redistribute or publish any part of the Services or Products unless we expressly permit you to in these Terms.
The Services and Products may invite you to chat or participate in blogs, message boards, online/mobile forums and other functionality that will be viewed by other users and/or the general public and will be treated as non-confidential and non-proprietary. You hereby agree that BabygrowthAI shall own all copyrights to any comments, feedback, suggestions, ideas, forum posts and other submissions disclosed, submitted, or offered to BabygrowthAI in connection with the use of the Services or otherwise or Products and any chat, blog, message board, online/mobile forum, text, email or other communication with BabygrowthAI. You agree that except as prohibited by law and subject to our Privacy Policy, BabygrowthAI may use, sell, exploit and disclose such materials in any manner, without restriction and without compensation to you. For example, we may use such materials in a number of different ways, including displaying it on the internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. More specifically, you should be aware that in the interest of promoting BabygrowthAI and/or the advancement of knowledge about fertility and related concepts, we will make all content on our forums searchable on the internet and available both to other users and to the public at large. You should be very careful, therefore, what, if any, personal details you disclose through the Service or Products.
You agree that your use of and conduct on the Services or Products (including any forum, message board, chat or other communication feature), shall be lawful and will not:
You should be aware that Products are manufactured by third parties and you may have warranty claims with respect to such Products against the manufacturer, but by using our Service and/or buying Products through our system, you are specifically acknowledging that BabygrowthAI does not offer any warranty with respect to Products unless such warranty is required by applicable law, and then only to the minimum extent necessary to comply with such laws. Without limiting the foregoing, other than as expressly set out in this agreement, neither BabygrowthAI nor any of our affiliates make any promises about the Services or Products. We disclaim all warranties express or implied and all Services or Products are provided “as-is”. BabygrowthAI makes no commitments about the reliability, availability, or security of the Services or Products or their ability to predict your cycles, determine your pregnancy status or otherwise provide you with information and further BabygrowthAI makes no commitments regarding the related transmission of sensitive data other than that it will use commercially reasonable efforts to protect your information as described in our Privacy Policy.
THE SERVICES, THE PRODUCTS AND THE WEBSITE (INCLUDING ANY MOBILE APPLICATION) IS PROVIDED BY BabygrowthAI ON AN “AS IS” BASIS. BabygrowthAI AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BabygrowthAI APPS, THE BabygrowthAI PRODUCTS, THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON ANY OF THE BabygrowthAI APPS, THE PRODUCTS OR THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES OR PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BabygrowthAI AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BabygrowthAI AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON ANY BabygrowthAI APP, BabygrowthAI PRODUCTS OR THE WEBSITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
POTENTIAL UNAVAILABILITY. THE SERVICES OR PRODUCTS MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. BabygrowthAI SHALL NOT BE LIABLE FOR ANY FAILURE OF ANY BabygrowthAI APP, THE PRODUCTS, THE WEBSITE OR THE SERVICES. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND BabygrowthAI’S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). YOU AGREE THAT BabygrowthAI SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES OR PRODUCTS. BabygrowthAI is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or applications on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with any BabygrowthAI App, BabygrowthAI Products, usage of the Website and/or in connection with the Services. Under no circumstances will BabygrowthAI be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone’s use of any BabygrowthAI App, BabygrowthAI Products, the Website, the Services, any content or third party applications, software or content posted on or through any BabygrowthAI App, BabygrowthAI Products, the Website or the Services or transmitted to users, or any interactions between users of the Services or Products, whether online or offline.
BabygrowthAI does not control or endorse the content, messages or information provided by users of the Services or Products, including in any chat or forum features, or external sites that may be linked to or from a BabygrowthAI product or its forum and, therefore, BabygrowthAI specifically disclaims any responsibility with regard thereto.
The Services and Products may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Your use of the Services or Products and the content of the Services or Products is at your own risk. BabygrowthAI and its partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on any BabygrowthAI App, BabygrowthAI Products or the Website. In particular, but without limitation, you are agreeing that BabygrowthAI is not liable under any theory of law for any compensatory, indirect, special, incidental, punitive or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, failure to predict your cycles, failure to accurately determine your pregnancy status, any information or advice found on our site or in any BabygrowthAI App or BabygrowthAI Products, or any aspect of your relationship with a spouse, partner, or other third party, whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Our Services and Products would not be provided without these limitations and if you do not agree to these limitations, please do not use the Services or Products. No advice or information you obtain from us through the Services or Products or in support of the Services or Products shall create any warranty, representation or guarantee not expressly stated in these Terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so certain of the above limitations and exclusions may not apply to you. In the event, that notwithstanding the foregoing, BabygrowthAI is found to have a liability to you, you agree that its aggregate liability for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to BabygrowthAI, with respect to the BabygrowthAI App in question, BabygrowthAI Products in question, use of the Website and/or the Services, or One Hundred dollars, if greater. In addition, you specifically agree and acknowledge that BabygrowthAI is not liable for the content submitted by any other user, or any defamatory, offensive or illegal conduct of a third party.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and BabygrowthAI only, not with Apple, and Apple is not responsible for the Service, Products and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service or Products. In the event of any failure of the Service or Products to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service or Products. Apple is not responsible for addressing any claims by you or any third party relating to the Service or Products or your possession and/or use of the Service or Products, including, but not limited to: (1) product liability claims; (2) any claim that the Service or Products fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service or Products and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service or Products. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Each user of the Services or Products is responsible for taking all reasonable steps to ensure that no unauthorized person has access to his or her passwords or accounts.
Except as expressly provided, these Terms constitute the entire agreement between you and BabygrowthAI with respect to the use of BabygrowthAI Apps, BabygrowthAI Products, the Website and/or the Services. Your use of the Services and Products is also subject to our Privacy Policy.
If a dispute arises between you and BabygrowthAI, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact us to resolve your problem directly with us. You may contact us regarding any complaints or disputes at the Contact Us portion of the Website.
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR SERVICE, PRODUCTS, WEBSITE, OR ANY BabygrowthAI APP.
Except as explicitly provided in these Terms, you hereby waive any right to a trial in any court in front of a jury or judge and any right to bring or participate in any “class action” suits. You agree that any dispute or claim relating in any way to your use of any BabygrowthAI App, BabygrowthAI Products, the Services, a product offered or provided by or through the Services, or otherwise arising out of or relating to these Terms that cannot be resolved directly between you and BabygrowthAI shall be resolved by non-appearance based binding arbitration. Except as otherwise provided in these Terms, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award an individual the same damages and relief as a court and must apply and follow these Terms as a court would.
Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the “AAA”) pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”). The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, BabygrowthAI will pay all arbitration fees and expenses. You and BabygrowthAI each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action.
The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms. We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or BabygrowthAI or our partners pending the completion of the arbitration.
These Terms are governed by the laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you have questions or concerns, you should contact us at 1909591934@qq.com
You agree to indemnify and hold BabygrowthAI (and any employee, officer, director or affiliate of BabygrowthAI, each a “Company Person”) harmless (including costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services or Products, the violation of these Terms by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any content posted through the Services or Products by you (including claims related to defamation, invasion of privacy, or other violation of a person’s rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against BabygrowthAI or any Company Person. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services or Products. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services or Products.
Unless terminated by BabygrowthAI, these Terms will remain in full force and effect while you use any of the Services or Products. Subject to the last sentence of this Section, you may terminate the agreement reflected in these Terms at any time by deleting your account. If you have installed several BabygrowthAI Apps, these Terms are enforceable until the deletion of your accounts on all BabygrowthAI Apps. BabygrowthAI may terminate these Terms with respect to you at any time, particularly if you violate any provision of these Terms. Any termination of these Terms shall also terminate the licenses granted hereunder. Upon termination of these Terms for any reason, you shall destroy and remove from all computers, and other storage media all copies of any intellectual property owned by BabygrowthAI. BabygrowthAI shall have the right to inspect and audit your facilities to confirm the foregoing. If you or BabygrowthAI terminate the agreement reflected in these Terms, or if BabygrowthAI suspends your access to the Services or Products, you agree that BabygrowthAI shall have no liability or responsibility to you and BabygrowthAI will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Your representations, the Indemnity section, the Dispute Resolution section, the Liability Limitation section and any other provision which by their nature are designed to survive termination shall survive any termination or expiration of these Terms.
BabygrowthAI operates and controls the Services and Products from its offices in the United States. BabygrowthAI makes no representation that the Services or Products are appropriate or available in other locations. The information provided on the Services or Products is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject BabygrowthAI to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services or Products from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The BabygrowthAI Apps may be subject to United States export controls. Thus, none of the BabygrowthAI Apps may be downloaded, exported or re-exported outside the United States, but in particular (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders . The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all BabygrowthAI App, BabygrowthAI Products and Service-related materials obtained from the Services, BabygrowthAI or any other website or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from BabygrowthAI if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. You may not assign these Terms without our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon BabygrowthAI’s request, you will furnish BabygrowthAI any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against BabygrowthAI by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in the Apps, the website or through the Services or Products in a way that may constitute copyright infringement, you may provide notice of your claim to the Company as outlined in the Company’s Copyright Policy. If You believe that any material on or in the Apps, the website or through the Services or Products violates these Terms, please notify the Company as soon as possible by sending an email to 1909591934@qq.com
Statute of Limitations. You and BabygrowthAI both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or Products, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
No Third Party Beneficiaries. These Terms are between you and BabygrowthAI. No user has any rights to force BabygrowthAI to enforce any rights it may have against any you or any other user.
Government Use. If you are a part of an agency, department, or other entity of the United States Government (“Government“), the use, duplication, reproduction, release, modification, disclosure or transfer of the any of our Products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service, Products and any related software is a “commercial item,” “commercial computer software” and “commercial computer software documentation”. In accordance with such provisions, any use of the Service or Products by the Government shall be governed solely by these Terms.