Terms of Use

Effective Date: 2024-07-19

Last Updated: 2024-07-19

Welcome to Baby Diary: Tracker and Log ("App")

These Terms of Use (the "Terms") govern your use of the App, which is owned and operated by CuboAi Inc. ("CuboAi," "we," "us," or "our"). By using the App, you agree to these Terms. If you do not agree to these Terms, you may not use the App.

1. License

CuboAi grants you a non-exclusive, non-transferable license to use the App for your personal, non-commercial use. You may not use the App for any other purpose, including, without limitation, to:

• Reverse engineer, decompile, or disassemble the App;
• Remove, modify, or obscure any copyright, trademark, or other proprietary notices in the App;
• Use the App to transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation;
• Use the App to transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Use the App to impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
• Use the App to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the App;
• Use the App to disrupt or interfere with the App or servers or networks connected to the App; or
• Violate any applicable laws or regulations.

2. User Content

You may submit content to the App, including, without limitation, text, photos, and videos (collectively, "User Content"). You are responsible for the User Content that you submit to the App. You represent and warrant that:

• You own or have the necessary rights to use and submit the User Content;
• The User Content does not violate the rights of any third party;
• The User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• The User Content does not transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation;
• The User Content does not transmit any material that is harmful to minors; and
• The User Content does not contain any viruses, worms, Trojan horses, spyware, ransomware, or other malicious code.

You grant CuboAi a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, and display the User Content in connection with the App and CuboAi's business.

3. Third-Party Services

The App may integrate with third-party services, such as social media platforms and cloud storage services. If you use these third-party services through the App, you may be subject to the terms and conditions of those services. CuboAi is not responsible for the third-party services or their terms and conditions.

4. Termination

CuboAi may terminate your access to the App at any time, for any reason, without notice or liability. You may also terminate your account at any time by contacting us at andy.yang@cuboai.com

5. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUBOAI MAKES NO WARRANTY THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE. CUBOAI IS NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM THE USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.

6. Limitation of Liability

IN NO EVENT SHALL CUBOAI'S LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO CUBOAI FOR THE APP, OR (B) $100.

7. Indemnification

You agree to indemnify, defend, and hold harmless CuboAi, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or in connection with your use of the App.