Terms of Service

1. 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.

2. Who may use the services

You must be at least 18 years old and legally able to enter a contract. The services are designed for use by licensed healthcare professionals and for informational use by patients and caregivers only as directed by their clinicians. The services are not for children.

3. Clinical safety notice

The services provide tools, calculators, reference content, and educational information. The services do not provide medical advice, diagnosis, or treatment and are not a substitute for professional judgment. Always verify results and use your clinical judgment before making decisions. If you are a caregiver or patient, consult your clinician before acting on any information. For emergencies call 911 or your local emergency number.

4. 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.

5. 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 [legal email] to discuss a BAA for eligible plans.

6. 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.

7. 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.

8. 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 Inc. or its licensors. You may not copy, modify, reverse engineer, resell, or distribute the services except as expressly permitted.

9. 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.

10. 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.

11. 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.

12. 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.

13. Reliability and calculators

We aim for high reliability, yet outages and errors can occur. Calculators may use rounding and assumptions. You are responsible for confirming correctness and for using independent clinical verification.

14. 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.

15. 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.

16. 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.

17. Disclaimers

The services and all content are provided as is and as available. To the fullest extent permitted by law we disclaim all warranties including merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the services will be uninterrupted, secure, or error free or that results will be accurate or reliable.

18. Limitation of liability

To the fullest extent permitted by law, The Abbiest Baby Inc. and its directors, officers, employees, and agents will not be liable for indirect, incidental, special, consequential, or punitive damages. Our total liability for any claim arising from or related to the services will not exceed the amount you paid to us for the services in the twelve months before the event giving rise to the claim.

19. Indemnification

You will indemnify and hold harmless The Abbiest Baby Inc. 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.

20. Copyright complaints

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

21. Governing law and dispute resolution

These Terms are governed by the laws of [Florida or Delaware, choose one] without regard to conflict of law rules. Any dispute will be resolved by binding arbitration administered by [AAA] under its rules. You and we waive any right to a jury trial. You may only bring claims on an individual basis and not as a class or representative action. You may seek relief in small claims court if eligible.

22. Export and sanctions compliance

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

23. Accessibility

We aim to provide an accessible experience and welcome requests or feedback at [accessibility email].

24. 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.

25. Contact

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