Terms and Conditions

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

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 herein below) 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 that 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.

Change of ownership

Effective March 5, 2024, Cradlewise will levy a maintenance fees for accessing Crib services and Cradlewise customer support, at change of ownership of the crib. If you purchase or are given a used Cradlewise crib on or after March 5, 2024, you will be charged a one-time maintenance fee for accessing the Crib services and Cradlewise customer support.

Crib services refer to the use of the app to connect to the smart crib for controls, audio/video streaming, sound machine, data insights, and other services associated with the crib, including but not limited to crib firmware updates.

This has been instituted to ensure the sustainability of high-quality services for all Cradlewise users, including those who purchase or use the crib second-hand. It also allows us to maintain the integrity and functionality of our products, ensuring every child and parent benefits from the full Cradlewise experience. Second-hand purchasers or crib users are required to contact Customer Support at support@cradlewise.com for pairing the crib through the Cradlewise app, for details on the payment information.

Restrictions

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 accessing the Platform and using the Services. User acknowledges that it obtains 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 rights, 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. 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. 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 the 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.

Coupons and discount/promo codes must be used at the time of the original purchase, only at the time of check-out, and can not be retroactively applied or changed after purchase. Coupons and discount/promo codes are not transferable and may not be reproduced, purchased, traded or sold. We reserve the right to cancel orders that use a code that was obtained from a web forum or other Internet site, or are in violation of any restriction.

The Company reserves the right to refuse or cancel an order at any time and for any reason.

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. It shall not be responsible for any loss of data, loss of profits, or any misuse (statutory or otherwise) by any of its Users individually or during their interaction.

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 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 and 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, don't hesitate to get in touch with us by email or postal mail at the following address:

Name: Cradlewise Inc.

Email: info@cradlewise.com

Address: 40087 Mission Blvd, #391 Fremont, CA 94539, USA