Terms and Conditions

Effective Date: July 1, 2017
Last Updated Date: September 1, 2018

These terms and conditions (“Terms”) govern the use of the software application BabyCam - Baby Sleep Monitor and SensorSafe (“Application”) for mobile devices developed by CYBEX GmbH, Riedinger Str. 18, 95448 Bayreuth, Germany (“Application Provider”).

BabyCam is a video and audio baby monitor application for your phone or tablet (two devices are necessary: a parental and a child unit). It is a tool to hear every noise around your baby, to stream live audio and video, and to comfort your child remotely. BabyCam works with diverse communication channels (eg. 3G, LTE, WiFi) and uses secure communication, using end-to-end encryption.

SensorSafe is an application that connects your mobile device to the sensor technology located in the chest clips of your child’s seat. User can activate the application and connect to SensorSafe receiver (connected to OBD port of the vehicle or otherwise) when his/her mobile phone is within range of the vehicle and remains connected while the user is inside. User is notified, whether one or more of their chest clips have come undone, when the child is buckled in their seat for over two hours, and if the child remains fastened to its seat and therefore gets left alone after the driver has left the vehicle.

Please take a moment to read the following Policy to learn how we collect and safeguard your personal information.

Accepting of Terms

By downloading, installing or using the Application you accept these Terms and agree to be bound by them. These Terms form a legally binding agreement between you and Application Provider regarding your use of the Application and services provided (“Services”). If you do not agree to these Terms, please do not download, install or use the Application.

We store and process personal data that you have provided so you can use the Application. Please read carefully and also accept our Data Privacy Policy.

Usage of the Application

1. Software Requirements

To be able to use the Application and Services, you must have two compatible mobile telephones or handheld devices, internet access, and the necessary minimum specifications to use the Application. The Software Requirements are as follows: Apple iOS 10.0 and higher or Android 5.0 and higher; Language: English. We reserve the right to change the Software Requirements for the Application as it deems necessary in our sole discretion.

2. Account requirements

To create an account and to register and use the Application and Services, you must be 18 years or older, provide your full legal name, email address, and any other information requested to complete the signup process. Alternatively, in countries, where available, you may register and sign in with your Facebook account.

3. Account Security

You are the sole authorized user of your account. You are fully responsible for maintaining the confidentiality of your account information, including your account password. Therefore, you must ensure that others do not gain access to your password and account. You are also responsible for all activities that occur in connection with your account. If you suspect that any unauthorized party is using your account, please notify us immediately.

4. Proprietary Rights

We are offering you this Application to use for your own personal use without cost, but you should be aware that you are not allowed to copy, reproduce, duplicate, sell, resell or modify or exploit the Application, or any part of it, or our copyrights or trademarks in any way. You are not allowed to attempt to extract the source code of the Application, or translate the Application into other languages. The Application itself, and all the trade marks, copyrights, database rights and other intellectual property rights related to it, belong to us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5. Third Party's Services

If you are using the Application outside of an area with wireless internet access, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Application. In using the Application, you are accepting responsibility for any such charges, including roaming data charges if you use the Application outside of your home territory (i.e. region or country).

Liability and indemnity of the User

Your use of the Application and Services is subject to all applicable laws, regulations and these Terms, and you are solely responsible to assure that your use of the Application and Services is in compliance therewith. You agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.

You agree to defend, indemnify and hold harmless the Application Provider, its affiliates, employees, officers, agents, managers, members and successors and assigns from all damages and liability such persons may incur including, without limitation, reasonable attorneys’ fees, arising from or as a result of: 1) you, or your employee’s, agent’s, or a third party’s misuse of the Application or Services in violation of these Terms, or 2) any violation of law by you, your employees, or agents. This obligation shall survive the termination or expiration of these Terms and/or your use of the Application or Services.

No Warranty

To the maximum extent permitted by applicable law, the Application and Services are provided without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Application and Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and non-infringement of third party rights. We do not warrant that the functions contained in the Application or Services will meet your requirements, that the operation of the Application or Services will be uninterrupted or error-free, or that defects in the Application or Services will be corrected. No oral or written information or advice given by us or our authorised representative shall create a warranty.

Certain components or features of the Application and Services may include materials from third parties and/or hyperlinks to other resources, websites, or content that is operated by companies that are not affiliated with us. You acknowledge and agree that we do not endorse or warrant the accuracy of any such sites or resources.

Limitation of Liability of the Application Provider

You acknowledge and agree that in no event shall we be liable for any indirect, special, incidental, consequential (including, without limitation, lost profits, business interruption, or lost information), or other damages based in contract, tort or otherwise, rising out of your use of or inability to use the Application or Services.

You agree that we will not be liable to you or to any third party in the event the Application or Services are inaccessible or malfunction, or for any disruption in the Services or use of the Application. You further acknowledge and agree that we are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks. Our liability shall be limited 1) to death or personal injury; 2) in case the loss or damage was caused intentionally or by gross negligence; 3) the claims being asserted to product liability; 4) the damage due to the breach of cardinal duties, and 5) any other liability that cannot be excluded or limited by applicable law.

Termination

These Terms may be terminated by either party at any time. You may cancel your account or any of the Services at any time and for any reason by providing email notice to support@babycamapp.com. Upon any termination, the rights granted to you herein shall terminate and you must cease all use of the Application and the Services.

Disclaimer

We reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) the Application and Services, or any portion thereof at any time. You agree that we will not be liable to you or to any third party for any such change, suspension, or discontinuance.

The Application is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the Application to) may change, and you’ll need to download the updates if you want to keep using the Application. The Application Provider does not promise that it will always update the Application so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device.

Additionally, these Terms may be updated from time to time for any reason. We will notify you of any changes to our Terms by enacting the updated Terms here and informing you via email. You are advised to consult these Terms regularly for any changes, as continued use is deemed approval of all changes.

Limitation on Time to File Claims

Any cause of action of claim you may have arising out of or relating to these Terms or the Application or Services must be commenced within one (1) year after the beginning of the statutory limitation period, otherwise, such cause of action or claim is permanently barred.

Other Important Terms

We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or obligations under these Terms to another person or organization if we agree in writing.

Contact information

If you have any questions regarding using the Application, Service or these Terms, please email us at support@babycamapp.com or contact us via post to the address given below.

CYBEX GmbH
Represented by Managing Directors: Dr. Raoul Bader, Johannes Schlamminger
Register number: HRB 3792
Riedinger Str. 18, 95448 Bayreuth, Germany
Tel. +49 (0)92178511-0
E-Mail: info@cybex-online.com