Terms of Service

Acceptance of these Terms

By creating an account, downloading the app, or using the website or services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the services. If you are using the services on behalf of an organization, you represent that you have authority to bind that organization.

Who may use the services

You must be at least 16 years old to use the services. If you are under the age of majority in your jurisdiction, you represent that you have permission from a parent or legal guardian to use the services.

The services are designed primarily for licensed healthcare professionals, healthcare trainees, and authorized clinical personnel. Certain educational content may also be accessed by patients or caregivers for informational purposes only as directed by qualified healthcare providers.

The services are not directed toward children under 13 years old.

By using the services on behalf of a healthcare organization, hospital, university, or other entity, you represent that you have authority to bind that organization to these Terms.

Clinical safety notice

The services provide clinical support tools, calculators, reference materials, and educational information intended for use by trained healthcare professionals. The services do not provide medical advice, nursing advice, diagnosis, treatment recommendations, or medical decision making and are not a substitute for professional judgment, institutional protocols, physician oversight, pharmacist review, or independent clinical verification.

The NICU Tool and related services are intended solely as supplemental reference tools. Users are solely responsible for independently verifying all calculations, medication dosages, concentrations, measurements, infusion rates, gestational age calculations, and clinical outputs prior to implementation in patient care.

Use of the services does not establish a provider patient relationship, nurse patient relationship, physician patient relationship, fiduciary relationship, or any duty of care between The Abbiest Baby LLC. and any user, patient, caregiver, healthcare provider, hospital, or healthcare institution.

If you are a patient or caregiver, do not rely on the services as a substitute for professional medical care. Always consult your qualified healthcare provider before acting on information provided through the services. In an emergency call 911 or your local emergency services immediately.

Your account

You are responsible for the accuracy of your account information and for safeguarding your login credentials. Notify us immediately of any suspected unauthorized use. We may refuse, suspend, or terminate accounts that violate these Terms.

Professional responsibility

Healthcare professionals using the services remain solely responsible for compliance with:

  1. applicable laws and regulations

  2. institutional policies

  3. licensing requirements

  4. pharmacy verification requirements

  5. documentation standards

  6. patient specific clinical assessment

Privacy and protected health information

Please read our Privacy Policy. We are not a covered entity under HIPAA unless stated otherwise. Do not submit protected health information unless the product feature explicitly permits it and you have all necessary permissions. If your organization needs a Business Associate Agreement, contact us at abbie@theabbiestbaby.com to discuss a BAA for eligible plans.

Subscriptions, trials, and billing

Some features require a paid subscription. Prices, billing intervals, and plan descriptions are shown at checkout. Subscriptions renew automatically until cancelled. You can cancel in the app store or your account settings before the renewal date to avoid future charges. Fees already paid are nonrefundable unless required by applicable law or our posted refund policy. Taxes may apply.

App store terms

If you downloaded the app from Apple App Store or Google Play, your purchase is also governed by the store’s terms. Apple users agree to Apple Media Services Terms and the Apple Licensed Application End User License Agreement. Google Play users agree to Google Play Terms of Service. Apple and Google are not responsible for providing maintenance or support for the app.

License and intellectual property

We grant you a limited, nonexclusive, nontransferable, revocable license to use the services for your personal or internal professional use, subject to these Terms. The NICU Tool, all content, calculators, code, and trademarks are owned by The Abbiest Baby LLC. or its licensors. You may not copy, modify, reverse engineer, resell, or distribute the services except as expressly permitted.

User content and feedback

You may upload content such as notes or messages. You retain your rights to that content. You grant us a worldwide, royalty free license to host, process, transmit, display, and use your content to provide and improve the services. If you submit feedback, you grant us a perpetual license to use it without restriction or compensation.

Acceptable use

You agree not to:

  1. Use the services in a manner that violates law or these Terms.

  2. Attempt to access data without authorization or interfere with the services.

  3. Misuse calculators or content in ways that bypass clinical judgment or safety protocols.

  4. Upload any sensitive patient data without proper consent, authority, and safeguards.

  5. Use automated tools to scrape or harvest data.

Third party services and content

The services may link to or rely on third party content or services. We are not responsible for third party materials or for any harm that results from your use of them.

Health platform data

If you connect Apple Health or Google Fit, we will access and use data only to provide the features you enable and as described in the Privacy Policy. We do not use HealthKit data for advertising or sell it.

No medical device representation

Unless explicitly stated otherwise in writing by The Abbiest Baby LLC., the services are not intended to constitute a regulated medical device, are not intended to diagnose, cure, mitigate, monitor, or prevent disease, and have not been reviewed or cleared by the United States Food and Drug Administration.

No statement on the services should be interpreted as a representation that the services satisfy requirements applicable to regulated medical devices in any jurisdiction

Reliability and calculators

While we strive to maintain accurate and reliable services, the services may contain bugs, delays, interruptions, omissions, rounding differences, outdated references, software defects, computational errors, or incomplete information.

Clinical calculations may rely on assumptions, user entered values, reference ranges, rounding conventions, or institutional variations that may differ among healthcare systems.

You acknowledge and agree that you are solely responsible for independently reviewing, validating, and confirming all outputs before relying on them in any clinical, operational, educational, or patient care setting.

The services are provided as supplemental tools only and must never be used as the sole basis for clinical decision making.

Beta and experimental features

We may offer experimental features identified as beta. Beta features are provided as is and may be modified or discontinued at any time.

Changes to the services and to these Terms

We may update the services and these Terms. If changes are material, we will provide reasonable notice such as by email or in product notice. Changes take effect on the effective date stated in the notice. Continued use after the effective date constitutes acceptance.

Termination

You may stop using the services at any time. We may suspend or terminate access if you violate these Terms, if required by law, or to protect the services or users. Upon termination your license ends. Sections that by their nature should survive will survive including ownership, disclaimers, limitations of liability, arbitration, and indemnity.

Disclaimers

THE SERVICES, CONTENT, CALCULATORS, SOFTWARE, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ABBIEST BABY LLC. DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED.

WE DO NOT WARRANT THAT ANY CALCULATION, RESULT, OUTPUT, REFERENCE RANGE, CLINICAL CONTENT, OR RECOMMENDATION WILL BE COMPLETE, CURRENT, ACCURATE, OR APPROPRIATE FOR ANY PARTICULAR PATIENT OR SITUATION.

YOU ASSUME ALL RISK ARISING FROM USE OF THE SERVICES.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ABBIEST BABY LLC. AND ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, CONTRACTORS, LICENSORS, AFFILIATES, SUCCESSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES.

THIS LIMITATION INCLUDES, WITHOUT LIMITATION, DAMAGES RELATED TO PATIENT INJURY, PATIENT DEATH, CLINICAL ERROR, MISSED DIAGNOSIS, TREATMENT DELAY, MEDICATION ERROR, DOSING ERROR, DATA LOSS, BUSINESS INTERRUPTION, LOST PROFITS, LOSS OF GOODWILL, OR REGULATORY LIABILITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE ABBIEST BABY LLC. ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

  1. THE AMOUNT PAID BY YOU TO THE ABBIEST BABY LLC. DURING THE TWELVE MONTHS PRECEDING THE CLAIM, OR

  2. ONE HUNDRED UNITED STATES DOLLARS ($100 USD).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You will indemnify and hold harmless The Abbiest Baby LLC. and its affiliates from and against claims, damages, losses, and expenses including reasonable attorney fees arising from your use of the services, your violation of these Terms, or your violation of law or third party rights.

Copyright complaints

If you believe content infringes your copyright, send a notice to abbie@theabbiestbaby.com with the information required by 17 U.S.C. § 512. We may remove or disable access to the material and may terminate repeat infringers.

Governing law and dispute resolution

These Terms are governed by and construed under the laws of the State of Delaware without regard to conflict of laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules.

The arbitration shall occur in Delaware unless otherwise agreed by the parties.

YOU AND THE ABBIEST BABY LLC. WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Claims must be brought solely in an individual capacity.

Nothing in this section prevents either party from seeking temporary injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

Export and sanctions compliance

You may not use or export the services in violation of United States export laws or sanctions.

Accessibility

We aim to provide an accessible experience and welcome requests or feedback at abbie@theabbiestbaby.com.

Entire agreement and severability

These Terms together with the Privacy Policy are the entire agreement between you and us regarding the services. If any provision is found unenforceable, the remaining provisions will remain in effect.

Contact

Questions about these Terms can be sent to Abbie@theabbiestbaby.com