Last updated on Nov 30, 2018
By downloading and using the App, you agree to these terms. Please read these Terms and should you not understand or accept them, please do not use the App.
You can access these Terms at any time at anniebabymonitor.com. We reserve the right, at our sole discretion, to change, modify, add or remove portions of our these Terms by posting the amended terms at our website. Your continued use of our Services confirms your acceptance of the updated terms.
2. Right To Use Our Services
Subject to these Terms, we grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use our App for your own personal, non-commercial, entertainment purposes. You agree not to use our App for any other purpose. The rights granted to you are subject to your full compliance with these Terms.
You will not receive any other license and we retain all right, title and interest in and to the App. This means we own at all times all copyright, trade marks, code, software and any and all rights in, or derived from, the App. The App must not be copied, reproduced or distributed in any manner or any medium without our prior written consent, which will be granted or withheld in our sole discretion.
The licence ends on the earlier of your disposal of the App or our termination of the licence in accordance with these Terms.
3. Your Obligations
You will not:
- rent, lease, lend, sell, transfer, redistribute our App;
- use the App for any commercial purpose without our prior written connect;
- attempt to disrupt or burden the normal operation of our App, or any of our infrastructure or any of our other business activities;
- attempt to gain unauthorised access to our Services;
- impersonate any other person in your use of our Services;
- attempt to decompile, reverse engineer, disassemble or hack the App, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- use our App to harass, abuse, threaten or harm another person or to attempt to, or incite another, to harass, abuse or harm another person or group;
- copy, distribute, make available to the public or create a derivative work from our Services or any part thereof unless we have first agreed to this in writing;
- use our App to gather, accumulate or otherwise aggregate information or data including, but not limited to, data or information about us, the App or other users; or
- use our Services in connection with the actual or attempted contravention of any laws.
You are responsible for ensuring that your installation and use of our App does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.
You must comply with the terms of service of the relevant digital storefront where you obtained our Services, including Apple iOS App Store and the Google Play Store.
4. Intellectual Property
You agree that all Intellectual Property relating to our App is owned by or licenced by us. Our Services are being licensed to you and you understand that no title or ownership in our Services is being transferred or assigned and these Terms are not a sale of any rights in our App.
5. Accounts and Login
The App enables you to create an account or otherwise log in. Where you do so you must take reasonable steps to protect your log in details and keep them secret. You are responsible for all activities performed using your account whether the access is authorised by you or not. We will assume anyone using your account has your permission to do so.
6. Updates & Access To Our Services
We have the right to withdraw or modify the App (in whole or in part) at any time for any reason. For the avoidance of doubt, you understand that we have the right to alter the App at our sole discretion.
You understand that:
- we may, at our sole discretion, provide Updates and we may require you to accept the Updates to our Services;
- you may need to update third party software from time to time in order to use the App
- it is your responsibility to update the App and third party software when updates are available. We are not liable for any Loss that you may suffer as a result of your failure to update; and
- we are not obliged to support our App by providing advice, training, error-correction, modifications, new releases, enhancements, hosting, telecommunication, internet or other services in relation to your use of the App
7. Third Party Services
Third party services may be used when you purchase, install or update the App, including Apple iOS App Store and Google Play Store and when you use the App, including but not limited to Google Analytics and Google Firebase.
These third party services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. We are not liable for the activities of any such third parties.
8. Termination Of Account Or Service
If we terminate your account you must not access any other accounts, or create any further Accounts.
You understand that if you delete your account, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account.
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
9. Disclaimer & Release
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS OR LOSSES ARISING DIRECTLY OR INDIRECTLY FROM:
- A FAILURE TO PROVIDE OUR SERVICES, OR ANY PART THEREOF;
- CORRUPTIONS TO OR LOSS OF DATA, ERRORS OR INTERRUPTIONS OCCURRING IN THE COURSE OF USING, OR AS PART OF, ANY OF OUR SERVICES;
- ANY SUSPENSION OR DISCONTINUANCE OF ANY OF OUR SERVICES, OR ANY PART THEREOF; OR
- ANY USE OF OUR SERVICES BY OTHER USERS, INCLUDING ANY USE OF OUR SERVICES BY OTHER USERS WHICH CONTRAVENES THESE TERMS.
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. YOU UNDERSTAND THAT OUR SERVICES CANNOT BE GUARANTEED TO BE ERROR FREE AND THE EXISTENCE OF ANY ERRORS WILL NOT BE A BREACH OF THESE TERMS.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THESE TERMS, AND TO THE FULL EXTENT PERMITTED BY LAW:
- WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF PROFITS), OR CLAIM, ARISING OUT OF BREACH OF THESE TERMS OR ARISING OUT OF THE SUPPLY OF DEFECTIVE SERVICES;
- OUR LIABILITY FOR ANY TERM, CONDITION, GUARANTEE OR WARRANTY THAT IS IMPLIED BY LAW AND CANNOT LAWFULLY BE EXCLUDED BY US, INCLUDING THE CONSUMER GUARANTEES SET OUT IN THE AUSTRALIAN CONSUMER LAW CONTAINED IN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND ALL SIMILAR OR EQUIVALENT LEGISLATION, RULES AND REGULATIONS IS LIMITED TO (AT OUR OPTION):
– IN THE CASE OF GOODS (TO THE EXTENT OUR SERVICES ARE CONSIDERED A GOOD UNDER APPLICABLE LAW) – REPAIRING, REPLACING OR SUPPLYING EQUIVALENT GOODS, OR PAYING THE COST OF ANY OF THOSE REMEDIES TO THE YOU; OR
– IN THE CASE OF SERVICES – SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND
YOU AGREE THAT YOU HAVE EXERCISED YOUR INDEPENDENT JUDGMENT IN ACQUIRING THE APP AND HAVE NOT RELIED ON ANY REPRESENTATION WE HAVE MADE WHICH HAS NOT BEEN STATED EXPRESSLY IN THESE TERMS OR UPON DESCRIPTIONS, SCREENSHOTS, WEBSITE INFORMATION OR SPECIFICATIONS CONTAINED IN ANY DOCUMENT INCLUDING CATALOGUES OR PUBLICITY MATERIAL PRODUCED BY US.
IF YOU PURCHASED OUR SERVICES FROM THE IOS APP STORE, IN THE EVENT OF ANY FAILURE OF OUR SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE TO YOU. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO OUR SERVICES, AND ANY OTHER CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE DEALT WITH BY US IN ACCORDANCE WITH THESE TERMS.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we cannot guarantee the security of any information you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve the security of it.
You must take your own precautions to ensure your access to the App does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. We do not accept responsibility for any interference or damage to your devices which arises in connection with your use of our App.
We will collect, process, use and share your personal information in accordance with our Privacy Notice, as set out in these Terms and as you otherwise consent.
By using the App, you agree to these Terms and acknowledge that your agreement is a precondition to your use of the App
Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you use our Services and you agree to allow them to interact with a social network you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. If you do not agree to these practices you should not allow our Services to interact with your social network.
If you have any questions about these Terms or our Services you may contact us at email@example.com.
14. Affiliate Program
By signing up to be an affiliate in the Annie Baby Monitor Affiliate Program (the “Program”) you agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up. These Terms are a legal agreement between Annie Baby Apps LLC, (“Annie Baby Apps”, “we”, “us”) and You (the “Affiliate”, “you”).
We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes.
Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.
15. Account Registration & Terms
You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process for an Affiliate account (“account”)
Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you.
You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
16. Referral Links & Promotion
Once you have signed up for the Program you will be provided with a URL link that must be used to identify you when placing a link from your site, email or other communications to the Annie Baby Monitor website. It is your responsibility to ensure each such link is correctly formatted.
We may also provide graphical images that can be used within the links to promote Annie Baby Monitor. We reserve the right to change the images at any time without notice.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you.
For the sale of a subscription to be eligible to earn a commission, the customer must click-through a link from your site, email, or other communications to the Annie Baby Monitor Affiliate Program website, sign up and purchase a subscription. If they fail to purchase a subscription, you will not earn a commission.
We will only pay commission on links that are automatically tracked and reported by our systems. For our systems to track the referral, the visitor must have cookies enabled. We will not pay commission if someone says they signed up through you but it was not tracked by our system.
The commission is 3% (purchase made on App Store or Google Play) or 15% (purchase made via PayPal) of our revenue from customers that you refer. The commission will be credited to your Affiliate account once the customer pays their subscription. Commission is only earned if a customer makes a payment in full. The amount of the commission is subject to approval by us. There is no legal entitlement to commission.
Accrued commissions are paid via PayPayl or bank transfer roughly once per month. The commission is always calculated at the end of the calendar month and is due within 30 days. You must have a valid bank account or PayPal account to receive a commission, as we do not offer payment via cheque/check, credit card, cash or other method.
Customer payments refunded or payments charged-back due to credit card fraud do not qualify for commission. We may delay crediting of commission subject to risk analysis considerations and Anti-Money Laundering procedures.
A summary of sign ups and statement of commission is available to the Affiliate by logging into their Affiliate account.
The commission structure is subject to change at our discretion.
We reserve the right to disqualify commission earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.
We reserve the right to check and change commissions on the basis of orders actually paid, the notification e-mail is not understood as a confirmed commission – this is only a notification, and every payment will be verified based on real transactions.
19. Customer Definition
Every customer who buys a service through this program is deemed to be a customer of Annie Baby Apps LLC. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. We may change our policies and operating procedures at any time. Annie Baby Apps LLC is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures.
20. Pricing & Availability
We will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies. Services prices and availability may vary from time to time. Because price changes may affect services that you have listed on your site, you should not display services prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.
21. Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site and social media) obey all applicable copyright, trademark, and other laws. Annie Baby Apps LLC will not be responsible if you use another party’s copyrighted or trademarked material in violation of the law.
22. Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. Annie Baby Apps LLC reserves the right to end the Program at any time. Upon Program termination, Annie Baby Apps LLC will pay any legitimate outstanding earnings.
Annie Baby Apps LLC in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program for any reason at any time. Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Annie Baby Apps LLC reserves the right to refuse service to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, and all our images and other materials provided under the Program.
24. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
25. Limitations of Liability
The Company and any of the Company’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Program.
Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
If your use of material provided under this Program results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. The Company’s maximum aggregate liability under or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which we are obliged to pay you in the twelve (12) month period immediately prior to the period giving rise to such Claim.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration. Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
All notices given by you to us must be given to Annie Baby Apps LLC at firstname.lastname@example.org. We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
29. Entire agreement
These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Program and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.