Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of cubtaie.com and the Cubtale application (together, the "Service") operated by Cubtale, Inc. ("the Company," "we," "us," or "our") (1201 Second Avenue, Suite 900, Seattle, WA 98104). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. What Cubtale Is -- and Is Not

Cubtale is a parenting tool that reads the feeding, sleep, and milestone logs you enter and provides plain-language notes comparing your infant's patterns against published developmental reference ranges. It is designed to help parents understand what is normal at a given age and to flag patterns that may be worth raising with a healthcare provider.

Cubtale does not provide medical advice. It is not a medical device, a diagnostic tool, or a substitute for professional pediatric care. No doctor-patient relationship is created by your use of this Service. The weekly summaries and pattern notes the Service generates are informational only. For any medical concern about your child, consult a licensed healthcare professional.

When Cubtale flags a pattern as potentially worth discussing with your pediatrician, that flag is a suggestion to seek professional input -- not a diagnosis, prognosis, or treatment recommendation.

3. Use of the Service

• You must be at least 18 years old, or have the consent of a parent or legal guardian, to use the Service.
• You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to systems or data.
• You may not scrape, reverse-engineer, or copy the Service except as permitted by applicable law.
• You are responsible for keeping your login credentials secure. You agree to notify us promptly at [email protected] if you suspect unauthorized access to your account.

4. Intellectual Property

The Service, including all text, graphics, logos, algorithms, and software, is owned by the Company or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended personal purpose.

5. Your Content and Log Data

You are responsible for the accuracy of the log data you enter (feeding records, sleep records, milestones, and any notes). You represent that you have all necessary rights to submit that information and that doing so does not violate any law or third-party right.

You grant the Company a limited license to store and process your log data as necessary to provide the Service -- generating your weekly summaries and pattern notes. We do not use your infant's data to train models for third parties, and we do not sell it. See our Privacy Policy for full details.

You can export your logs at any time (PDF export is available in the Premium plan, or by contacting us). You can delete your account and all associated data at any time from your account settings or by contacting [email protected].

6. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY GUIDANCE IT PROVIDES IS MEDICALLY ACCURATE OR COMPLETE.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING ANY RELIANCE ON PATTERN NOTES OR SUMMARIES GENERATED BY THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD $100.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right.

9. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive (including Sections 4, 6, 7, 8, 10, and 11).

10. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in Washington, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in Washington, USA for intellectual-property infringement or unauthorized access to the Service.

11. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

12. Contact

Cubtale, Inc.
1201 Second Avenue, Suite 900
Seattle, WA 98104
Email: [email protected]
Phone: +1 (206) 553-1470