Terms of Service & Liability Policy

1. Acceptance of Terms

By downloading, installing, accessing, or using the Orca Baby mobile application or website (accessible at orcababy.com), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the application or any associated services.

2. Nature of the Service & Medical Non-Reliance

Orca Baby is designed strictly as a personal logging and scheduling companion for parents and caregivers to record activities such as sleep sessions, bottle and breast feedings, diaper changes, and growth measurements.

• Informational Use Only: Any suggestions, wake window guidelines, sleep curves, summaries, or notifications provided by Orca Baby are based on general age guidelines and historical averages. Every infant has unique physical, nutritional, and medical requirements.
• Medication & Temperature Logs: The application allows parents to log administered medications, dosages, and temperatures for personal memory and coordination with partners. Orca Baby does not calculate or verify medical dosages, drug interactions, contraindications, or prescription schedules. You are solely responsible for ensuring proper medication administration and consulting your pediatrician.
• Growth Standards: Growth percentile comparisons are based on World Health Organization (WHO) reference standards and are provided for informational tracking only. They do not substitute for clinical pediatric growth evaluations.

3. User Accounts, Authentication & Family Access

• Authorized Caregivers: When you generate caregiver invitation links or share family account access, you are granting those individuals access to view and record your child’s tracking data. You are solely responsible for ensuring that only authorized caregivers receive access.
• Account Security: You agree to maintain the confidentiality and security of your authentication tokens, email accounts, and devices. You must notify us promptly of any unauthorized access to your account.
• Age Requirement: You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to create an account and use the service.

4. Introductory Free Access & Future Paid Subscriptions

• Early Access Free Period: Orca Baby is currently made available free of charge during our introductory early access release period without requiring payment credentials.
• Future Paid Subscriptions: In order to sustain encrypted cloud database storage, real-time push synchronization, and ongoing application maintenance, Orca Baby plans to introduce paid subscription plans (anticipated at an affordable $2.99 USD per month or equivalent annual plans).
• Trial Periods & Advance Notice: Prior to the introduction of any mandatory payment or billing, active users will receive advance notification and a free trial period. No charges will ever be assessed without your explicit consent and submission of payment information.
• Cancellation & Data Export: You retain the right to cancel at any time and export your child’s tracking data in standard CSV and JSON formats.

5. User Content & Intellectual Property

• Your Content: You retain full ownership of all data, logs, milestones, and photos that you upload or record in Orca Baby. We do not claim any ownership rights over your personal data.
• License to Operate: You grant us a limited, revocable license solely to store, process, and transmit your data to the extent strictly required to provide synchronization and tracking services to you and your authorized caregivers.
• App Ownership: The Orca Baby application code, designs, algorithms, icons, branding, and graphics are the exclusive intellectual property of Orca Baby and protected by copyright and intellectual property laws.

6. Service Availability, Offline Operation & Data Sync

While Orca Baby features offline caching and real-time WebSocket synchronization, software and cloud networks are inherently subject to interruptions:

• “As-Is” Availability: The service is provided on an “AS-IS” and “AS-AVAILABLE” basis without warranties of any kind, either express or implied.
• Sync Delays & Data Loss: We do not guarantee uninterrupted, error-free operation. Network disruptions, device sleep states, battery depletion, or server maintenance may cause delays in real-time synchronization between devices. We strongly encourage caregivers to communicate directly regarding critical care events.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

• IN NO EVENT SHALL ORCA BABY, ITS CREATORS, CONTRIBUTORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF GOODWILL, SYSTEM OUTAGES, OR ANY INJURIES, ILLNESSES, OR HEALTH COMPLICATIONS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE.
• YOU ACKNOWLEDGE AND AGREE THAT YOUR RELIANCE ON ANY INFORMATION, REMINDERS, ESTIMATES, OR ALERTS PROVIDED BY ORCA BABY IS AT YOUR SOLE RISK.
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU (IF ANY) TO USE THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY US DOLLARS ($50.00), WHICHEVER IS GREATER.

8. Indemnification

You agree to defend, indemnify, and hold harmless Orca Baby and its creators from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your breach of these Terms, your misuse of the service, or your violation of any third-party right.

9. Termination & Account Deletion

You may terminate these Terms at any time by deleting your account via the app settings or via our Account Deletion Page. We reserve the right to suspend or terminate access to the service for users who violate these Terms or engage in abusive, malicious, or unlawful behavior.

10. Changes to These Terms

We may update these Terms periodically. When changes are made, we will update the “Last Updated” date at the top of this page. Your continued use of Orca Baby after any modifications constitutes acceptance of the updated Terms.

11. Contact Us

If you have questions regarding these Terms or our liability policies, please reach out to us: