Agreement
These Terms of Use (“Terms”) cover the Baby Food Tracker: First Foods app for iPhone and iPad (the “App”) and babyfoodtracker.com, including the web tracker (together, the “Service”). The Service is provided by Nil Ni, an independent developer (“we”, “us”); on the App Store the App is published under the developer account Louerable.
By downloading or using the Service, you agree to these Terms and to the Privacy Policy. If you do not agree, do not use the Service. The Service is meant for parents and caregivers, and you must be old enough to enter into a binding contract where you live.
App Store license
If you downloaded the App from Apple’s App Store, your license to use the App is governed by Apple’s Licensed Application End User License Agreement (the “Standard EULA”), linked below. These Terms add to the Standard EULA. If they conflict on your license to the App, the Standard EULA controls.
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including use by members of your Apple Family Sharing group.
Apple is not a party to these Terms
Because the App is distributed through the App Store, you and we acknowledge that:
- These Terms are between you and us only, not Apple. We, not Apple, are solely responsible for the App and its content.
- Apple has no obligation to provide maintenance or support for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
- We, not Apple, are responsible for addressing any claims relating to the App or your use of it, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and claims under consumer protection, privacy, or similar laws.
- If a third party claims that the App or your use of it infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling, and discharging that claim.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms when using the App, such as your wireless carrier agreement and Apple’s iCloud terms.
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.
Not medical advice
BabyFoodTracker is a record-keeping tool. It helps you log foods, allergen exposures, possible reactions, and notes, and it shows general educational information about serving foods and introducing allergens.
It is not a medical device and does not provide medical advice, diagnosis, or treatment. It does not diagnose allergies, predict or prevent reactions, decide when your baby is ready for solids, or replace a pediatrician, allergist, or other qualified clinician. Ask your child’s doctor about feeding, allergens, and symptoms.
If a baby has trouble breathing, swelling of the lips, tongue, or face, widespread hives, repeated vomiting, unusual sleepiness or floppiness, or anything that feels urgent, call your local emergency number immediately. Do not stop to log it first.
Serving sizes, textures, and safety tips are general guidance. You are responsible for how you prepare and serve food to your child.
Free features and BabyFoodTracker Pro
Logging, family sharing, reports, and exports are free. BabyFoodTracker Pro is an optional one-time, non-consumable in-app purchase that unlocks the extra features described in the App at the time of purchase, such as tracking more than one baby.
- One-time payment: you pay once, at the price shown in the App Store in your country. There is no subscription and nothing renews. Later price changes do not affect a purchase you already made.
- Apple processes payment: purchases are made with your Apple Account and are subject to Apple’s Media Services Terms and Conditions. We never see your payment details.
- Refunds are handled by Apple: request one at reportaproblem.apple.com or, from the Apple Account that bought Pro, through Settings > Request a refund in the App. We cannot issue refunds directly. If a purchase is refunded or revoked, Pro may turn off for that Apple Account.
- Family Sharing: Pro supports Apple Family Sharing, so members of your Apple Family Sharing group can use it with their own Apple Accounts. Pro also turns on for the people you invite to your family book in the App.
- Restore: after reinstalling or switching devices, use Restore purchase in the App to get Pro back on the same Apple Account.
- “Lifetime” means no repeat payments for Pro for as long as we offer and support the App. It is not a promise that the App will be available, updated, or compatible with every future device or iOS version forever. We may change, add, or improve features over time.
Your data and content
You own what you put into the Service: logs, notes, photos, and custom foods. We claim no rights to it, and we cannot access it. The Privacy Policy explains where it is stored.
You are responsible for your data, including backups. Data can be lost if a device is lost or reset, if the App is deleted, or if iCloud is turned off or full. Use the App’s export to keep a copy of anything you care about.
If you share a family book, the people you invite can view, add, change, and export what is in it, and the owner can delete it for everyone. Only invite people you trust. You must have the right to add any photo or content you put into the Service.
Acceptable use
When you use the Service, you agree not to:
- Use it for anything unlawful, or for anything other than personal and family record-keeping.
- Copy, modify, distribute, sell, rent, or sublicense the App, or decompile, reverse engineer, or try to extract its source code, except where the law allows it despite this restriction.
- Tamper with or bypass purchase checks, or unlock paid features without paying.
- Use family sharing to harass anyone or to store or share content you have no right to share.
- Interfere with, overload, or disrupt the website, or scrape it in a way that harms it.
Intellectual property
The App and website, including their design, text, food illustrations, and code, are owned by us or our licensors and are protected by copyright and other laws. BabyFoodTracker, its logo, and its app icon are ours; these Terms do not give you any right to use them.
Apple, App Store, iCloud, iPhone, and iPad are trademarks of Apple Inc. Public health sources linked from the Service belong to their owners.
Third-party services
The App relies on Apple services, including the App Store, StoreKit, iCloud and CloudKit, and notifications. Your use of those services is governed by Apple’s own terms and privacy policy. The Service links to outside sources such as public health websites; we do not control them and are not responsible for their content.
Disclaimer of warranties
To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not promise that the Service will be uninterrupted or error-free, that information in it is complete or current, or that data will always save or sync.
Some jurisdictions do not allow these exclusions, so some of them may not apply to you.
Limitation of liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost data, or for any health outcome or decision made based on information in the Service.
To the maximum extent permitted by law, our total liability for any claim relating to the Service is limited to the greater of the amount you paid for BabyFoodTracker Pro in the 12 months before the claim or USD 50.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for fraud or for death or personal injury caused by negligence, or your mandatory rights as a consumer.
Ending use
You can stop using the Service at any time by deleting the App and your data. We may suspend or end your license if you materially break these Terms. Sections that by their nature should continue, such as ownership, disclaimers, and limitation of liability, survive after your license ends.
Changes to these Terms
We may update these Terms as the Service changes. We will post the new version on this page and change the date at the top. For material changes, we will give reasonable notice, for example on this page or in the App’s release notes. Continuing to use the Service after a change takes effect means you accept the updated Terms.
Governing law and disputes
These Terms are governed by the laws that apply where we are established, without regard to conflict-of-laws rules. If you are a consumer, you keep the protection of the mandatory laws of your country of residence and may bring a claim in your local courts.
Before starting any formal claim, please contact us first; most problems can be fixed with a message. If any part of these Terms is found unenforceable, the rest stays in effect. These Terms, the Privacy Policy, and, for the App, Apple’s Standard EULA are the entire agreement between you and us about the Service.
Contact
Questions, complaints, or claims about the App or these Terms go to Nil Ni through the contact form at babyfoodtracker.com/contact.
