Terms of Service for CradleCue

These Terms of Service ("Terms") are a legal agreement between you and James Kay Systems, LLC ("CradleCue", "we", "us", or "our") governing your use of the CradleCue app, website, and related services.

If you do not agree to these Terms, do not use CradleCue.

1. Eligibility and Account Responsibility

You must be at least the age of majority in your jurisdiction to use CradleCue.

You agree to:

• Provide accurate account information
• Keep login credentials secure
• Be responsible for activity under your account
• Notify us promptly of unauthorized access
• Ensure that caregivers you invite are trustworthy and authorized

2. Service Description

CradleCue is a baby and caregiver tracking platform for logging and organizing caregiving events (for example feeding, sleep, diapers, medication, temperature, pumping, tummy time, baths, skin conditions, notes, and related records), pattern predictions, insights, photo capture, caregiver collaboration, export/reporting features, and an AI-powered chat assistant.

Features may change over time. We may add, remove, or modify features at our discretion.

3. Subscription Terms

A. Free and premium features

The app may offer both free and premium subscription tiers. Premium features, pricing, and availability are subject to change.

B. Billing

Subscriptions are billed through the Apple App Store. Payment terms are governed by Apple's terms of service.

C. Cancellation

You may cancel your subscription at any time through the App Store. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

D. Free trial

If offered, free trial terms will be clearly disclosed before you are charged.

4. Health Disclaimer — Not Medical Advice

CRADLECUE IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

All predictions, insights, feeding guidance, sleep information, and AI chat responses provided by the app are for informational and tracking purposes only. They are not intended to diagnose, treat, cure, or prevent any medical condition.

Specifically:

• Sleep and feeding predictions are statistical estimates based on logged patterns. They are not medical recommendations.
• AI chat responses are generated by artificial intelligence and may contain inaccuracies. They are not a substitute for professional medical judgment.
• Growth observations and developmental information are general references only.

You are solely responsible for caregiving and medical decisions. Always consult your pediatrician or qualified healthcare provider for medical advice about your baby's health, nutrition, sleep, or development. Never delay seeking medical attention based on information from this app.

If you think a child may have a medical emergency, call emergency services immediately.

5. User Responsibilities

You agree to:

• Use the app lawfully and in accordance with these Terms
• Provide accurate information when logging baby data
• Not use the app as a substitute for professional medical care
• Not share your account credentials with unauthorized individuals
• Not attempt to reverse engineer, modify, or create derivative works of the app
• Not use the app to store or transmit malicious content
• Not misuse APIs, automation, or rate-limited endpoints

6. User Content and Permissions

A. Your content

You retain ownership of all photos, logs, notes, and data you add to the app. You grant us a limited license to host, process, and display your content solely to provide the app's features to you and your authorized caregivers.

You represent that you have appropriate rights and authority to submit the content you upload and to share child-related records with invited caregivers.

B. Prohibited content

You agree not to upload content that is:

• Illegal, harmful, or exploitative
• Violating any third party's privacy or intellectual property rights
• Malicious, including viruses or harmful code

C. Content removal

We reserve the right to remove content that violates these Terms without prior notice.

7. Sharing and Collaboration

CradleCue supports role-based sharing (such as owner/editor/viewer). When you invite caregivers to share access to a baby profile:

• You are responsible for choosing who you invite
• Caregivers may view, add, or edit data based on the permission level you assign
• You are responsible for reviewing and revoking access when needed
• You may revoke caregiver access at any time

We are not responsible for how invited users use information after you share it with them or for actions taken by caregivers you authorize.

8. Privacy

Your use of CradleCue is also governed by our Privacy Policy.

9. Third-Party Services

CradleCue integrates with third-party services and platforms (for example Apple, Google, AWS infrastructure, and Amazon Bedrock for AI chat). Your use of those services may be subject to their own terms and privacy policies.

10. Service Availability and Changes

We aim for reliable service but do not guarantee uninterrupted or error-free operation.

We may perform maintenance, update infrastructure, or modify functionality without prior notice.

11. Termination

A. By you

You may stop using CradleCue at any time. You may delete your account through the app or by contacting us. Account deletion will permanently remove your data as described in our Privacy Policy.

B. By us

We may suspend or terminate access if:

• You violate these Terms
• Your use of the app poses a security risk
• We must comply with legal obligations
• We discontinue the app (with reasonable notice)

Upon termination, your right to use the service ends immediately.

12. Disclaimers

To the maximum extent permitted by law, CradleCue is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the above, we do not warrant that health-related reminders, estimates, ranges, predictions, AI chat responses, or summaries are accurate, complete, clinically appropriate, or suitable for any specific medical purpose.

We are not liable for any decisions or actions taken based on predictions, insights, or AI responses provided by the app.

13. Limitation of Liability

To the maximum extent permitted by law, James Kay Systems, LLC and its affiliates, officers, employees, and licensors are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits/data/goodwill arising from or related to your use of CradleCue.

Our total liability for claims related to CradleCue will not exceed the greater of:

• Amounts you paid us for the service in the 12 months before the claim, or
• USD $100

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless James Kay Systems, LLCfrom claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of CradleCue, your content, or violation of these Terms.

15. Governing Law and Disputes

A. Governing law

These Terms are governed by the laws of Commonwealth of Massachusetts, United States, without regard to conflict-of-law principles.

B. Informal resolution

Before filing a formal dispute, you agree to contact us at support@cradlecue.com and attempt to resolve the matter informally for at least 30 days.

C. Binding arbitration

Any dispute not resolved informally shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English.

D. Class action waiver

You agree to resolve disputes individually. You waive any right to participate in class action lawsuits or class-wide arbitration.

E. Exceptions

Claims for injunctive relief or intellectual property infringement may be brought in any court of competent jurisdiction.

16. Changes to These Terms

We may update these Terms. Updated Terms will be posted on this page. Material changes will be communicated through the app.

Your continued use after changes become effective constitutes acceptance of the updated Terms.

17. General Provisions

• These Terms constitute the entire agreement between you and CradleCue regarding the app.
• If any provision is found unenforceable, the remaining provisions remain in effect.
• Our failure to enforce any right or provision does not constitute a waiver.

18. Contact

James Kay Systems, LLC
82 Wendell Ave Ste 100, Pittsfield, MA 01201
Support: support@cradlecue.com
Legal: legal@cradlecue.com