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TERMS AND CONDITIONS

Last Updated: 30th May 2022

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS PLATFORM AND OUR PRODUCTS YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS AND PRIVACY POLICY.

Cradlewise Inc. (“Company”, “We” or “Us” and their connotations) owns and operates a website (URL: https://cradlewise.com/) and a mobile application called Cradlewise (together called as “Platform”).

These terms and conditions (“Terms”) describe the terms on which the Company grants Users access to the Platform and shall be read with the privacy policy available here (http://cradlewise.com/legal/privacy-policy) (“Privacy Policy”) and the user guide that comes along with our smart crib (“User Guide”). The users of the Platform and/or their Authorized Users (defined below herein) are herein referred to as “You” or “User(s)”.

Our Platform primarily acts as a self-contained program and software which works in connection with our smart crib and services and integrates with the website to monitor data related to a baby which includes 3D data, baby sounds, movement, activity, posture, breath rate, time of the day and relay them to your personal devices. Additionally, the Platform provides a gateway to purchase our smart crib and certain other products (hereinafter referred to as “Services”).

These Terms shall apply fully to your use of this Platform and the smart crib. By using this Platform and the Company’s smart crib, You agree to accept all terms and conditions written in here. You must not use this Platform and/or the smart crib if you disagree with these Terms.

Consumer Services

The Services provided on our Platform are consumer services and non-medical in nature. This Platform has non-medical applications and is not intended to replace, modify, or supplement any prescribed medical device. Further, this Platform is not for infants with special medical needs and the Services are not intended to be a substitute for obtaining medical advice and treatment from a physician or other health care practitioner. Further, it is not a diagnostic or medical device. In case of any medical emergency, You are requested to contact a doctor or the emergency services immediately.

Registration

The User shall register their smart crib on the Platform to avail the baby monitoring Services provided by the Company. While registering your smart crib, You are required to provide us with information about yourself and your baby. You hereby agree to provide Us with accurate information and to keep that information accurate and up-to-date at all times.

Software Requirements

You are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (the “Software Requirements”) to avail the Services provided on the Platform.

The Software Requirements are as follows:

  • Android enabled devices
  • iOS enabled devices
  • Safari
  • Chrome
  • Internet Explorer
  • Language: English.

The Company reserves the right to change the Software Requirements for the Platform as it deems necessary in its sole discretion. If the wireless network, to which the handheld or mobile device is connected, has connectivity issues, then the Platform shall be connected to the cradle via your mobile data network and shall involve minimal data costs. In such case, the operations that have been issued over the Platform will include a few seconds latency to reach the cradle and take effect. The Company shall not be liable for any such delay owing to use of any telecommunication network.

Account requirements

You must be 18 years of age or older to register, use the Services, or visit or use the Platform in any manner. By registering, visiting and using the Platform or accepting these Terms, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Platform and the Services available through the Platform, and agree to and abide by these Terms. In the event the Services and/or the smart crib are used by Authorized Users, the Users represent that they are authorised to accept these Terms and provide Caregiver Consent (defined hereinbelow) as required to such Authorized Users.

Account Security

You may authorize a maximum of 9 others (“Authorized User(s)”) to access your account, and thus the Platform, by giving your consent (“Caregiver Consent”) on the Platform. However, You shall be solely and fully responsible for maintaining the confidentiality of your account information, including your account password. Therefore, You shall take steps to ensure that others are unable to gain unauthorized access to your password and other account details. You shall also be responsible for all activities that occur in connection with your account. If you suspect that any unauthorized party is using your account, You agree to notify us immediately at support@cradlewise.com . Further, You shall not transfer your account to anyone, and We reserve the right to immediately terminate your account in the event You transfer your account.

License to Use

Company hereby grants You the limited right to access, view and use the Platform only for the purposes of the Services. Any rights not expressly granted herein are reserved to the Company.

Restrictions

You must comply with the laws that apply to You in the location that You access the Company’s Platform from. If any laws applicable to You restrict or prohibit You from using the Platform, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. You promise that all the information you provide to the Company on accessing and/or using the Services is and shall remain true, accurate and complete at all times.

Notwithstanding anything, You are specifically restricted from all of the following:

  • publishing any Platform material in any other media for commercial purposes without our prior consent;
  • selling, sublicensing and/or otherwise commercializing any Platform material;
  • publicly performing and/or showing any Platform material without the Company’s prior written consent;
  • using this Platform in any way that is or may be damaging to this Platform;
  • using this Platform in any way that impacts user access to this Platform;
  • using this Platform contrary to applicable laws and regulations, or in any way may cause harm to the Platform, us or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Platform;
  • using this Platform to engage in any advertising or marketing;
  • using the smart crib in any manner that may harm the baby;
  • using the Services to provide, or incorporate the Services into, any product or service provided to a third party;
  • reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to the Company);
  • circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services.

Certain areas of this Platform are restricted from being accessed by you and we may further restrict access by You to any areas of this Platform, at any time, in absolute discretion. Any user ID and password you may have for this Platform are confidential and you must maintain confidentiality as well.

User Content

If You are under the age of 18, You may not, under any circumstances or for any reason, use the Services. You agree that the nature of the Services may require us to collect personally identifiable information of children under the age of 18 in order to receive the full functionality of the Services, and You consent to such collection, use and disclosure of such information as set forth further in our Privacy Policy and You represent and warrant having all the relevant permissions and consents for granting such consent. Further, the Services are offered only for your use (including the babies and your Authorized Users), and not for the use or benefit of any third party.

In these Terms, “User Content” shall mean any personal data, including but not limited to, information, audio, video, text, images or other material you choose to add, create, upload, submit, distribute or post on this Platform, whether publicly posted or privately transmitted.

You represent that all User Content provided by You is accurate, complete, up-to-date, and in compliance with any and all applicable laws, rules and regulations. User Content must be your own and must not be invading any third-party's rights (including any proprietary and intellectual property rights). We reserve the right to remove any User Content from this Platform at any time without notice without incurring any liability thereof.

By displaying User Content, You grant us a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Intellectual Property Rights

These are the Terms for access to the Platform and use of the Services. User acknowledges that it is obtaining only a limited right to the Services and that irrespective of any use of the words “purchase”, “sale” or like terms no ownership rights are being conveyed to the User under these terms. User agrees that the Company or its suppliers retain all right, title and interest (including all Intellectual Property Rights) in and to the Services, all documentation, services deliverables, and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing, including as may incorporate Feedback (collectively, “Cradlewise Technology”). Except as expressly set forth in these terms, no rights in any Cradlewise Technology are granted to the User.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing Us at support@cradlewise.com or through the chat support feature in our mobile application. You acknowledge and agree that all Feedback will be the sole and exclusive property of the Company and, We may freely use the Feedback in connection with any of our products or services without the need to pay compensation for any use of such Feedback.

Orders

The Users agree to pay all applicable fees for ordering the products from the Platform and availing the Services, as described in the applicable Services pages, and any related taxes or additional charges.

The products, specifications, subscriptions and prices described on the Platform are subject to change at any time without notice. Prices do not include any tax, value added tax or other governmental charge or assessment on the sale, shipment, production or use of any products hereunder. The products purchased via the Platform will be shipped to the address You designate as the shipping address during the check-out process. Shipping will be made on date(s) selected by us. All items will be packed for shipment and shipped in accordance with our standard practices. We shall not be liable for any damages or penalties for delivery delay or for failure to give notice of delay. The foregoing terms shall only apply to the extent You purchase the products directly from the Company.

Disclaimer

This Platform, the Services and the smart crib are provided on an “as is,” basis. The Company, its licensors and affiliates make no representations or warranties of any kind (express, statutory or implied) as to the operation of the Platform, provision of Services, functioning of the smart crib or the information, content, materials, or products included on the Platform, or in association with the Services or any third-party websites or services. The Company will not be held responsible for any unethical, illegal acts performed by the Users and the action of each of the Users shall be their own responsibility solely. Further, the Company will not be responsible for any harm, accident or injury arising out of the failure of the Users to follow the sections on ‘official warnings’, ‘caution’ and ‘do’s and don’ts’ as laid down in the User Guide.

The Company disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality of service and fitness for a particular purpose and shall not be responsible for any loss of data, loss of profits or any kind of misuse (statutory or otherwise) by any of its Users individually or during their interaction with each other.

Except as provided above, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.

Limitation of liability

In no event shall the Company, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Platform, the Services and/or the smart crib, whether such liability is under contract or tort. The Company, including its officers, directors and employees shall not be held liable for any indirect, incidental, consequential or special liability arising out of or in any way related to your use of the Platform, the Services and/or the smart crib even if informed of the possibility of such damages in advance. In no event shall the Company’s liability (including that of its officers, directors, employees, agents, partners) under or in connection with these Terms, the Platform, the Services and/or the smart crib, exceed the total amount paid by You to purchase the product.

Indemnification

You hereby indemnify to the fullest extent the Company and its officers, directors, employees and agents from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

The Company is permitted to revise these Terms at any time as it sees fit, and by using this Platform You are expected to review these Terms on a regular basis. Your continued use of the Services following any changes to these Terms constitutes acceptance of those changes, which will apply to your continued use of the Services going forward.

Assignment

The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms read along with our Privacy Policy constitute the entire agreement between the Company and You in relation to your use of this Platform, and supersede all prior agreements and understandings.

Termination

Company may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms.

You may also terminate your agreement with Company by ceasing to access the Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.

Governing Law & Jurisdiction

This Agreement will be governed by the laws of the State of California and the United States without regard to conflicts of law provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. All disputes relating to or arising out of this Agreement shall be resolved in a state or federal court located in California, USA, and the parties hereby consent to the jurisdiction of such courts.

Contact

If you have any questions about these Terms, please contact us by email or postal mail on the following address:

Name: Cradlewise Inc.

E-mail id: info@cradlewise.com

Address: 479, Jessie Street, San Francisco, CA 94539, USA.