Terms of Service

1. Agreement to these Terms

These Terms of Service (the “Terms”) form a binding agreement between you and Faran Tareen, an individual carrying on business as MyBabyBase (“MyBabyBase”, “we”, “us”, or “our”). They govern your access to and use of the MyBabyBase website at https://www.mybabybase.com, our mobile applications, and all related features and content (together, the “Service”).

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Service.

Please read section 3 (Health and safety), section 15 (Disclaimers), and section 16 (Limitation of liability) carefully. They limit our obligations to you and allocate risk between us.

2. Who may use MyBabyBase

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is intended for adults planning for or expecting a child, and for the friends and family they choose to invite.

The Service is not directed to children, and we do not knowingly permit anyone under 18 to create an account. Information you record about your own pregnancy, your baby, or your child is treated as your personal information, and you are responsible for it.

If you use the Service on behalf of another person or a household, you represent that you have their authority to do so and to accept these Terms for them.

3. Health and safety — not medical advice

Tracking features are for your convenience only

The Service includes features that let you record pregnancy-related information — among them a contraction timer, a kick counter, weight logging, appointment reminders, a journal, and a place to store documents. These features exist so that you can keep your own notes in one place and share them with your care provider if you choose.

You must not rely on any of these features to decide whether, when, or how to seek medical care. In particular, do not rely on the contraction timer or kick counter to decide when to go to hospital, when to contact your provider, or whether anything is wrong.

Timers, counters, reminders, and notifications may be inaccurate, delayed, interrupted, or may fail entirely — because of device settings, operating system limits, connectivity, battery optimisation, software defects, or for no discernible reason at all. We do not guarantee that any reminder or notification will ever be delivered.

Educational content is general, not personal

Week-by-week pregnancy content, guides, articles, checklists, and similar material are general information, may be incomplete or out of date, and are not tailored to you. Every pregnancy is different. What is typical in general may not be right for you.

Other users are not your care providers

Posts, comments, and replies in the community are the opinions of the people who wrote them. We do not verify them, endorse them, or check them for accuracy or safety. Other users are not medical professionals and their experiences are not guidance for yours.

You use the Service and everything in it at your own discretion and at your own risk, and you accept full responsibility for any decision you make in connection with it.

4. What MyBabyBase is, and is not

MyBabyBase is a planning and sharing tool for expecting families. Depending on the features you use, it may let you collect baby name suggestions, keep a registry and gift list, run a cash fund, send invitations, organize events, host a gender reveal, publish a birth announcement, keep planning checklists and budgets, and record personal notes.

The Service is not a medical service, a health record system, a payment processor, a bank, an escrow agent, a money transmitter, a gift retailer, an insurer, or a professional advisor of any kind. We do not sell the products in your registry, we do not hold or move money, and we are not a party to any arrangement between you and your guests.

We may add, change, or remove features at any time. Some features may be offered as previews or experiments and may be withdrawn without notice.

5. Your account

You must provide accurate information when you register and keep it current. You are responsible for your account, for keeping your credentials confidential, and for all activity that happens under your account, whether or not you authorized it.

You may sign in using a third-party service such as Google or Apple. Your use of those services is governed by their own terms, and we are not responsible for them.

If you invite a partner or co-organizer to your space, you are choosing to share the contents of that space with them, including anything you have recorded there. Tell us promptly at support@mybabybase.com if you believe your account has been compromised.

You may delete your account at any time from within the Service. Deletion is described in our Privacy Policy.

6. Your content and the licence you grant

“Your Content” means everything you upload, post, submit, or store through the Service — photos, documents, names, lists, journal entries, messages, community posts, and anything else.

You keep ownership of Your Content. We do not claim to own it.

You grant us a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable licence to host, store, reproduce, modify (for formatting and display), create derivative works of, publish, publicly display, publicly perform, and distribute Your Content, solely for the purposes of operating, providing, securing, improving, and promoting the Service and developing new features. This licence exists so that we can technically run the Service — for example, storing your photo so it can be shown on your announcement page, or delivering your invitation to a guest.

This licence continues for as long as Your Content remains on the Service, and it survives termination only to the extent needed for: content you shared publicly or with others who still retain a copy; backups and logs kept for a limited period; and anonymized or aggregated information derived from Your Content that no longer identifies you.

The licence is transferable and sublicensable so that we can use hosting, storage, and delivery providers, and so that the Service can continue to run without interruption in the circumstances described in section 20 (Assignment and change of control).

You represent and warrant that:

1. you own Your Content or have all rights and permissions needed to grant this licence;
2. Your Content, and our use of it as permitted here, does not and will not infringe or violate the rights of anyone else, including privacy, publicity, copyright, trademark, and contract rights; and
3. where Your Content includes another identifiable person — including images of children — you have obtained every consent required to upload and share it.

We have no obligation to store Your Content, to keep backups, or to return it to you. You are responsible for keeping your own copies of anything you would be upset to lose.

7. Community standards and objectionable content

Parts of the Service let you post content that other users can see. Because of that, we operate a zero-tolerance policy for objectionable content and abusive behaviour.

You agree that you will not post, upload, transmit, or share anything that:

• is unlawful, defamatory, fraudulent, deceptive, or invasive of another’s privacy;
• harasses, bullies, threatens, intimidates, stalks, or targets any person, or incites others to do so;
• is hateful toward, or discriminates against, any person or group based on race, ethnicity, national origin, religion, sex, gender, gender identity or expression, sexual orientation, age, disability, family status, or any other protected ground;
• is sexually explicit or pornographic, or sexualizes a minor in any way;
• depicts or promotes violence, self-harm, or cruelty;
• presents itself as medical, legal, or financial advice, or encourages another user to take or avoid a medical action;
• promotes unproven or unsafe remedies, treatments, supplements, or products;
• is spam, chain content, a scam, a solicitation, or unauthorized advertising;
• contains another person’s private or identifying information without consent;
• contains malware, or attempts to interfere with the Service or its security; or
• infringes anyone’s intellectual property rights.

Reporting, blocking, and what we do about it

Every piece of user-generated content can be reported from within the Service, and you can block another user so that you no longer see their content and they can no longer contact you. You may also report content to us at support@mybabybase.com.

We review reports of objectionable content and act on them within 24 hours — by removing the content, ejecting the user who posted it, or both. We may also remove content or suspend accounts on our own initiative.

We are not obliged to monitor the Service, and we do not pre-screen content. Reviewing or removing some content does not make us responsible for content we have not reviewed, and does not oblige us to review anything else. Content is the sole responsibility of the person who provided it.

8. Share links and public pages

You choose what to share and with whom. You are responsible for the consequences of sharing, including anything a recipient does with what you shared. Deleting or disabling a share link removes future access, but we cannot retrieve or delete copies that others have already made or that appear in third-party caches.

9. Registry, gift links, and cash funds

The Service lets you build a registry, link to products sold by third parties, and set up cash funds that guests may contribute to.

We are not a payment processor, escrow agent, money transmitter, or bank, and we are not a party to any transaction, gift, or contribution between you and any other person.

Payments and contributions, if offered, are handled by third-party payment providers under their own terms. We do not hold your funds. We do not guarantee that any gift or contribution will be made, completed, delivered, refunded, or that any amount shown is accurate. Fees, chargebacks, disputes, delivery problems, and product quality issues are between you, the guest, the payment provider, and the retailer.

You are responsible for determining whether contributions you receive are taxable or reportable where you live, and for any tax obligations arising from them. Product listings and prices come from third parties and may be wrong or out of date.

10. Invitations, contacts, and messages you send

The Service lets you import or enter contacts and send invitations and updates to them. When you do this, you are the sender of that message; we deliver it on your instruction as a tool you are using.

You represent and warrant that:

1. you have the consent of each recipient, or another lawful basis, to provide us with their contact details and to send them messages;
2. your messages comply with all applicable laws governing electronic messages, including Canada’s Anti-Spam Legislation (CASL) and equivalent laws in the recipient’s country; and
3. you will not use the Service to send bulk, commercial, or unsolicited messages.

You are solely responsible for the content of messages sent from your account and for any claim, complaint, or penalty arising from them. We may limit sending, or suspend your account, if we detect misuse.

11. Third-party content and services

The Service links to and incorporates content, products, and services operated by third parties — including articles, retailers, sign-in providers, and payment providers. We do not control them, do not endorse them, and are not responsible for them, their content, their accuracy, their availability, or their privacy practices.

Any dealing you have with a third party is between you and that third party alone. Their terms and policies apply to your use of their services.

12. Our intellectual property

The Service — including its software, design, text, graphics, guides, original content, and the MyBabyBase name and logo — is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial purposes, subject to these Terms.

You will not, and will not permit anyone else to:

• copy, modify, translate, or create derivative works of the Service;
• reverse engineer, decompile, or attempt to derive the source code of the Service;
• scrape, crawl, or use automated means to access or extract data from the Service, or use it to train a machine learning or AI model;
• resell, sublicense, rent, or commercially exploit any part of the Service;
• circumvent or interfere with security, rate limits, authentication, or access controls; or
• use the Service to build a competing product or service.

If you send us feedback, ideas, or suggestions, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use them for any purpose without any obligation or compensation to you.

13. Availability, changes, and loss of data

We aim to keep the Service running, but we do not promise that it will be available, uninterrupted, timely, secure, or error-free. We may modify, suspend, limit, or discontinue the Service, or any feature, at any time, with or without notice.

Data can be lost. You are responsible for maintaining your own copies of anything important to you — photographs, documents, journal entries, and records of every kind. We do not guarantee that any content will be preserved, backed up, or recoverable.

14. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have breached these Terms, if your use creates risk or legal exposure, or if we discontinue the Service.

On termination, your right to use the Service ends immediately. Sections that by their nature should survive will survive, including sections 6, 12, 15, 16, 17, 18, 20, and 22.

15. Disclaimers

The service, and all content, features, and materials in it, are provided “as is” and “as available”, without warranty or condition of any kind, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by applicable law, we disclaim all warranties and conditions, including any implied warranty or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, quiet enjoyment, accuracy, and non-infringement, and any warranty arising out of any course of dealing or usage of trade.

Without limiting the above, we make no warranty that the service will meet your requirements, be available uninterrupted or error-free, be secure, be accurate or reliable, deliver any notification or reminder, or preserve your content; and we make no warranty of any kind regarding health, medical, pregnancy, or wellbeing outcomes.

Some jurisdictions do not allow the exclusion of certain warranties or conditions, including under consumer protection legislation in Ontario and elsewhere in Canada. To the extent such legislation applies to you and cannot be excluded, the exclusions above apply only to the extent permitted, and nothing in these Terms limits any statutory right you have that cannot lawfully be limited.

16. Limitation of liability

To the fullest extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential, exemplary, aggravated, or punitive damages; for loss of profits, revenue, goodwill, or opportunity; for loss, corruption, or unavailability of data or content; for personal injury, illness, or death; for emotional distress, mental anguish, or disappointment; or for any damages arising from a health, medical, pregnancy, or birth outcome — whether based in contract, tort (including negligence), strict liability, statute, or any other theory, and whether or not we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to these Terms or the service will not exceed the greater of (a) the total amount you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

These limits apply even if a limited remedy fails of its essential purpose, and reflect a reasonable allocation of risk between us — including the fact that the Service is offered at low or no cost. We would not be able to offer the Service on these terms without them.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or any liability under applicable consumer protection legislation that cannot be waived. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in that case our liability is limited to the greatest extent permitted by law.

17. Indemnity

You agree to indemnify, defend, and hold harmless MyBabyBase and its owners, officers, employees, contractors, agents, licensors, successors, and assigns from and against any claim, demand, proceeding, loss, liability, damage, penalty, cost, and expense (including reasonable legal fees) arising out of or related to:

1. Your Content or anything you post, send, or share through the Service;
2. your use or misuse of the Service;
3. your breach of these Terms or of any law;
4. your violation of the rights of any other person, including privacy and IP rights;
5. contacts you provided or messages you sent, including any claim under anti-spam or privacy legislation; or
6. any dispute between you and another user, a guest, a retailer, or a payment provider.

We may assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with us.

18. Disputes and governing law

Let’s try to sort it out first

If you have a problem, contact us at support@mybabybase.com before starting any formal proceeding. Most issues can be resolved quickly. You agree to give us 30 days to respond and attempt a resolution in good faith.

Governing law

These Terms and any dispute arising out of them or the Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in that province, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Forum

You and we irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario for any dispute that is not resolved informally, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Class proceedings

To the fullest extent permitted by applicable law, you agree to bring claims against us only in your individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.

If you are a consumer resident in Ontario, Quebec, or another jurisdiction whose consumer protection legislation preserves your right to commence or join a class proceeding or to bring a claim before a court, nothing in this section limits that right, and this paragraph prevails over the paragraph above to the extent of any conflict. In particular, nothing in these Terms is intended to restrict any right you have under the Consumer Protection Act, 2002 (Ontario).

Time limit for claims

To the extent permitted by law, any claim arising out of or related to the Service must be brought within one year after it arises, or it is permanently barred. This does not shorten any limitation period that cannot lawfully be shortened.

19. Additional terms for the Apple App Store

If you obtained our application from the Apple App Store, the following applies and prevails over any conflicting term in these Terms:

1. These Terms are between you and MyBabyBaseonly, not with Apple Inc. (“Apple”). Apple is not responsible for the application or its content.
2. Your licence to use the application is limited to a non-transferable licence to use it on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Apple has no obligation to provide any maintenance or support for the application.
4. If the application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility, not Apple’s.
5. Apple is not responsible for addressing any claim by you or a third party relating to the application or your possession or use of it, including product liability claims, claims that the application fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
6. If a third party claims that the application infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement, and discharge of that claim.
7. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
8. Apple and its subsidiaries are third-party beneficiaries of these Terms, and on your acceptance Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

20. Assignment and change of control

You may not assign or transfer these Terms, or any right or obligation under them, without our prior written consent. Any attempt to do so is void.

We may assign or transfer these Terms, and all rights and obligations under them, in whole or in part, freely and without notice to you or your consent — including to an affiliate, or in connection with a merger, amalgamation, acquisition, corporate reorganization, change of control, financing, or a sale of all or substantially all of our assets or of the business to which the Service relates. This includes the licence you grant in section 6.

This expressly includes a transfer of the Service and the business from an individual proprietor to a corporation or other entity formed or acquired by us. On any such transfer, these Terms continue to apply, and references to us mean the transferee. Personal information is handled in a transfer as described in our Privacy Policy.

These Terms bind and benefit the parties and their permitted successors and assigns.

21. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will take reasonable steps to let you know — for example, by posting a notice in the Service, by email, or by updating the “Last updated” date at the top of this page.

Changes take effect when posted, unless we say otherwise. If you continue to use the Service after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and delete your account.

22. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service, and supersede all prior discussions and agreements about it.

Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the rest of these Terms remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of it.

No partnership. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between us.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

Notices. We may give you notice by email, or by posting in the Service. You may give us notice at support@mybabybase.com.

Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en langue anglaise.

23. How to contact us

Faran Tareen, an individual carrying on business as MyBabyBase
Email: support@mybabybase.com
Web: https://www.mybabybase.com

For privacy questions specifically, see our Privacy Policy or write to privacy@mybabybase.com.