Terms of Service

The short version

• Vivi Baby helps you keep a record of your baby's day. It is not a medical device and does not give medical advice.
• What you log is yours. It lives in your own iCloud Drive, and you are responsible for keeping it backed up.
• Anyone you invite to your family can see and change everything in it.
• Support comes from us, not Apple: support@brainpad.org.

Who you are agreeing with

These terms are a binding agreement between you and Tommy Bergeron (Brainpad Consulting), of Quebec, Canada, referred to here as "we" or "us". They govern your use of the Vivi Baby app for iPhone and Apple Watch.

You and we acknowledge that this agreement is concluded between the two of us only, and not with Apple. We, not Apple, are solely responsible for Vivi Baby and its content. Your use of Vivi Baby must also comply with the App Store Terms of Service that already apply to you.

By downloading or using Vivi Baby, you accept these terms. If you do not accept them, do not use the app.

Your licence to use Vivi Baby

We grant you a personal, non-transferable licence to use Vivi Baby on any Apple-branded device that you own or control, as permitted by the Usage Rules in the App Store Terms of Service, including through Family Sharing where those rules allow it.

You may not sell, rent, sublicense or redistribute the app, or attempt to extract its source code except where the law expressly permits it despite this limitation.

Not medical advice

Vivi Baby is a record-keeping tool. Growth charts, milestone checklists, Sleepy Time estimates, Insights, trends and checkup summaries are there to help you notice patterns and talk with your child's doctor. They are general information, not a diagnosis, and not a substitute for professional medical advice.

• Sleepy Time is an estimate based on typical wake windows and your own logged sleep. Always watch your baby's cues.
• Insights summarize guidance from public health sources such as the WHO, CDC and American Academy of Pediatrics, and link to them. Guidance can change, and it may not fit your child.
• Summaries and charts are only as accurate as the entries they are built from.

If you are worried about your child's health, contact your doctor. In an emergency, call your local emergency number. Never delay seeking care because of something the app shows or does not show.

Your data stays yours

Everything you record in Vivi Baby remains yours. We claim no ownership of it and no licence over it. As the Privacy Policy explains, it is stored in your own iCloud Drive and we have no technical means of seeing or receiving it.

That also means we cannot recover it for you. You are responsible for your iCloud account, your storage and your backups. Deleting the Vivi Baby folder in iCloud Drive deletes your family's records for everyone who shares it.

Families and caregivers

When you invite someone to your family, they can see, add, change and delete everything in it. Only invite people you trust with your child's information, and remove people who should no longer have access. Sharing happens through Apple's iCloud, and you must have the right to share the information you add, including photos of other people.

Shared timers

Shared timers use a relay server we operate to update other caregivers' devices quickly. It is offered as is and may be unavailable at times. When it is, timers continue to sync through iCloud Drive, more slowly.

Price and purchases

If Vivi Baby offers paid features, their prices and terms will be shown in the app before you buy, and these terms will be updated first. All payments would be processed by Apple under the App Store Terms of Service, and refunds would be requested from Apple.

Support and updates

We are solely responsible for providing any maintenance and support for Vivi Baby. Apple has no obligation whatsoever to furnish any maintenance or support services for the app.

For help, write to support@brainpad.org. We may change, suspend or discontinue features. Should Vivi Baby ever be discontinued, your records remain readable in your own iCloud Drive, because they are ordinary files that do not depend on us.

Warranty

Except where the law says otherwise, Vivi Baby is provided "as is" and "as available", without warranties of any kind.

In the event of any failure of Vivi Baby to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Vivi Baby. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, not Apple's.

Nothing here excludes a legal warranty you hold that cannot be excluded by contract. Under Quebec's Consumer Protection Act in particular, certain warranties apply regardless of what this document says, and those rights remain yours.

Limitation of liability

To the extent the law allows, our total liability arising out of your use of Vivi Baby is limited to the amount you paid for it in the twelve months before the claim. We are not liable for indirect or consequential loss, or for lost data where you had the ability to keep a backup.

Some jurisdictions, Quebec among them, do not allow a consumer's rights to be limited in this way. Where that is so, this section applies only as far as the law permits, and your statutory rights are untouched.

Product claims and intellectual property

We, not Apple, are responsible for addressing any claim by you or a third party relating to Vivi Baby or your possession and use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.

In the event of any third-party claim that Vivi Baby, or your possession and use of it, infringes that party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.

Vivi Baby is an independent app. Nara Baby and Huckleberry are trademarks of their respective owners; Vivi Baby can import their CSV exports but is not affiliated with or endorsed by them.

Third-party terms and beneficiaries

You must comply with applicable third-party terms when using Vivi Baby, including your agreement with Apple for iCloud.

You represent that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties.

Apple and Apple's subsidiaries are third-party beneficiaries of these terms, and upon your acceptance of them Apple will have the right, and is deemed to have accepted the right, to enforce these terms against you as a third-party beneficiary.

Vivi Baby includes open-source components used under their respective licences.

Governing law and contact

These terms are governed by the laws of Quebec and the federal laws of Canada that apply there, and the courts of Quebec have jurisdiction. If you are a consumer, this does not deprive you of the protection of the mandatory rules of the place where you live, including your right to bring proceedings there.

If any part of these terms is found unenforceable, the rest continues to apply.

If we change these terms, the effective date at the top changes with them, and the current version always lives at this address. Continuing to use Vivi Baby after a change means you accept it. If you do not, stop using the app.

Tommy Bergeron, Quebec, Canada · support@brainpad.org · See also the Privacy Policy.