Terms of Service

1. About WHYBABY

Welcome to WHYBABY.

These Terms of Service ("Terms") govern your access to and use of the WHYBABY mobile application, website, and related services (collectively, the "Service").

WHYBABY is operated by Your Access (Pty) Ltd ("WHYBABY", "we", "us", or "our").

By creating an account, accessing, or using WHYBABY, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

2. About WHYBABY

WHYBABY is a parenting and baby-tracking application designed to help parents and caregivers organise information about their baby's routines and activities.

The Service may include features such as:

• Baby profiles
• Feeding and bottle tracking
• Breastfeeding and pumping tracking
• Solids and liquid tracking
• Sleep tracking
• Diaper tracking
• Mood tracking
• Cry logging and cry analysis
• Growth and developmental information
• Reminders and activity planning
• Personalised insights based on information entered into the app
• AI-powered parenting assistance
• Health and care records
• Other features introduced or updated from time to time

WHYBABY is designed as a parenting support and tracking tool. It is not a medical device, healthcare provider, diagnostic service, or emergency service.

3. Eligibility

You must be at least 18 years old, or otherwise have the legal capacity to enter into a binding agreement in your jurisdiction, to create and use a WHYBABY account.

WHYBABY is intended for parents, guardians, and caregivers.

You are responsible for ensuring that your use of the Service complies with all laws and regulations applicable to you.

The Service is not intended to be used directly by children.

4. Your Account

Some WHYBABY features require you to create an account.

You agree to:

• Provide accurate and current information;
• Keep your login credentials confidential;
• Maintain the security of your account;
• Notify us if you believe your account has been accessed without your permission; and
• Take responsibility for activity occurring through your account.

You must not create an account using false information or impersonate another person.

You are responsible for the information you enter into WHYBABY, including information contained in baby profiles and activity records.

5. Baby Profiles and Information

WHYBABY allows you to create profiles for babies or children in your care.

You may enter information such as:

• Name
• Date of birth
• Gender
• Feeding information
• Medical notes
• Feeding, sleep, diaper, cry, mood and growth records
• Other information you choose to provide

You are responsible for ensuring that you have the appropriate authority to enter and manage information relating to a child.

You should only enter information that is necessary and appropriate for your use of the Service.

Please review our Privacy Policy for information about how personal information is collected, used, stored, and protected.

6. AI Features and Information

WHYBABY may provide AI-powered features, including AI-generated parenting guidance, personalised insights, cry analysis, recommendations, summaries, or responses based on information you provide.

AI-generated information is provided for general informational and parenting-support purposes only.

WHYBABY does not guarantee that AI-generated information is accurate, complete, current, or appropriate for your particular circumstances.

AI features may occasionally produce incorrect, incomplete, misleading, or inappropriate information.

You should use your own judgement when considering any information provided by the Service.

Medical Disclaimer

WHYBABY is not a medical device and does not provide medical diagnosis, treatment, prevention, or cure of any disease or medical condition.

Information provided through WHYBABY is not a substitute for advice from a qualified doctor, paediatrician, nurse, pharmacist, dietitian, psychologist, or other healthcare professional.

If you have concerns about your baby's health, development, feeding, sleep, behaviour, medication, symptoms, or safety, consult an appropriately qualified healthcare professional.

If you believe your baby or child is experiencing a medical emergency, contact your local emergency services or seek immediate medical attention.

Do not rely on WHYBABY as an emergency service or as the sole source of information for making medical decisions.

7. Cry Analysis

WHYBABY may offer features designed to analyse or interpret recorded or logged information relating to a baby's crying.

Cry analysis is an informational feature and is not a medical diagnostic tool.

Any interpretation, classification, suggestion, or insight generated by the feature may be inaccurate and should not be relied upon to determine whether a baby is sick, in pain, injured, or experiencing a medical emergency.

Parents and caregivers should use their own judgement and seek professional medical advice when appropriate.

8. Personalised Insights and Recommendations

WHYBABY may use information you enter into the Service to generate personalised insights, summaries, suggestions, reminders, or recommendations.

These outputs are intended to help you understand patterns in the information you have recorded.

They are not guarantees of outcomes and should not be interpreted as professional medical, nutritional, developmental, or psychological advice.

Individual babies develop differently, and information or recommendations that may be useful in one situation may not be appropriate in another.

9. Subscriptions and Premium Features

WHYBABY may offer free and paid features.

Certain features may only be available through a paid subscription.

Current subscription options may include:

• Premium: R99 per month or R990 per year
• Premium+: R199 per month or R1,990 per year

Subscription pricing, features, limits, and availability may change from time to time.

Where offered, a free trial may be available for eligible users. The duration and conditions of a trial will be shown to you before you start the trial.

At the end of a trial period, a paid subscription may begin if you have provided the required payment information and have not cancelled in accordance with the applicable subscription terms.

Subscription charges are processed through the applicable payment provider and/or app store used to purchase the subscription.

You are responsible for reviewing the subscription price, renewal terms, trial conditions, and cancellation options presented to you at the time of purchase.

10. Subscription Cancellation and Refunds

You may cancel your subscription at any time in accordance with the cancellation process provided by the platform or payment provider through which you purchased the subscription.

Cancelling a subscription does not automatically entitle you to a refund. Cancellation generally prevents the subscription from renewing for the next billing period, but you will normally continue to have access to the applicable paid features until the end of the period that you have already paid for.

If you miss the applicable cancellation or refund window, WHYBABY will not provide a refund for that billing period, except where a refund is required by applicable law or is otherwise expressly approved by WHYBABY.

Deleting the WHYBABY app from your device does not cancel an active subscription.

You are responsible for cancelling your subscription before the applicable renewal date if you do not wish to be charged for the next billing period.

Refund requests must be made through the applicable payment provider or app store where required. Any refund will be subject to the applicable platform's policies, payment provider rules, and applicable consumer protection laws.

11. Payments

Payments may be processed by third-party payment providers.

WHYBABY does not store your full payment-card details unless expressly stated otherwise.

Payment providers may collect and process payment information in accordance with their own terms and privacy policies.

You agree to provide accurate payment information and to maintain a valid payment method where required for a paid subscription.

12. Free and Paid Usage Limits

Certain WHYBABY features may have usage limits.

For example, free users may receive limited access to AI chats or cry analyses, while paid subscription plans may provide higher or unlimited allowances depending on the applicable plan.

Usage limits may change over time.

We will make reasonable efforts to clearly communicate applicable limits within the Service.

13. Acceptable Use

You agree not to:

• Use WHYBABY for unlawful purposes;
• Use the Service to harm, abuse, or endanger another person;
• Attempt to gain unauthorised access to another user's account;
• Interfere with or disrupt the Service;
• Reverse engineer, decompile, disassemble, or attempt to obtain the source code of the Service except where permitted by law;
• Circumvent usage limits, security controls, or subscription requirements;
• Use automated systems to access or abuse the Service without our permission;
• Upload malicious software, viruses, or harmful code;
• Misuse AI features or attempt to manipulate the Service in a way that compromises its security or operation;
• Use the Service to provide professional medical services to another person; or
• Use information generated by WHYBABY as a substitute for qualified professional care.

We reserve the right to suspend or terminate accounts that violate these Terms.

14. Your Content

You retain ownership of information and content that you submit to WHYBABY, subject to the rights necessary for us to provide the Service.

By using WHYBABY, you grant us a limited, non-exclusive right to process, store, transmit, and otherwise use your submitted information as necessary to:

• Provide the Service;
• Synchronise your information across supported devices;
• Generate personalised insights and AI responses;
• Provide reminders and recommendations;
• Provide customer support;
• Maintain and improve the Service;
• Protect the security and integrity of the Service; and
• Comply with legal obligations.

Our use of personal information is also governed by our Privacy Policy.

15. Privacy

Your privacy is important to us.

Our Privacy Policy explains what information WHYBABY collects, how it is used, how it may be shared with service providers, and the choices and rights available to you.

The Privacy Policy forms part of these Terms.

16. Third-Party Services

WHYBABY may rely on third-party services to operate certain aspects of the Service, including authentication, cloud hosting, databases, analytics, crash reporting, push notifications, AI services, and payment processing.

Third-party services may have their own terms and privacy policies.

We are not responsible for the availability, performance, security, or policies of third-party services that are outside our reasonable control.

17. App Stores

If you download WHYBABY through an app store, your use of the app may also be subject to the terms and policies of that app store.

This may include Apple's App Store or Google Play.

The relevant app store may be responsible for processing payments, managing subscriptions, handling refunds, or providing certain technical services associated with the distribution of the app.

These Terms govern your relationship with WHYBABY and do not replace any applicable terms imposed by the relevant app store.

18. Availability of the Service

We will make reasonable efforts to keep WHYBABY available and functioning properly.

However, we do not guarantee that the Service will:

• Always be available;
• Be uninterrupted;
• Be error-free;
• Be completely secure;
• Be compatible with every device;
• Always retain every feature; or
• Always be available in every location.

The Service may occasionally be unavailable due to maintenance, updates, technical problems, third-party failures, security incidents, or circumstances outside our reasonable control.

We may modify, suspend, or discontinue features of WHYBABY from time to time.

19. Data and Backups

We take reasonable measures to protect information stored through WHYBABY, as described in our Privacy Policy.

However, no internet transmission, cloud storage system, or electronic storage system can be guaranteed to be completely secure or error-free.

You should not rely on WHYBABY as your only copy of important information.

Where appropriate, you should maintain your own records or backups of information that is important to you.

20. Intellectual Property

WHYBABY and its content, including its software, design, branding, graphics, logos, text, interfaces, features, and underlying technology, are owned by or licensed to Your Access (Pty) Ltd and are protected by applicable intellectual property laws.

Except as expressly permitted by these Terms, you may not:

• Copy or reproduce the Service;
• Modify or create derivative works based on the Service;
• Distribute or commercially exploit the Service;
• Remove copyright, trademark, or other proprietary notices; or
• Use WHYBABY branding without written permission.

These Terms do not transfer ownership of WHYBABY or its intellectual property to you.

21. Feedback

If you provide feedback, suggestions, ideas, feature requests, or other comments about WHYBABY, you agree that we may use that feedback to improve or develop the Service without owing you compensation, unless otherwise agreed in writing.

22. Disclaimers

To the maximum extent permitted by applicable law, WHYBABY is provided on an "as is" and "as available" basis.

We do not guarantee that the Service or information provided through it will be accurate, complete, reliable, current, uninterrupted, or suitable for every individual situation.

In particular, WHYBABY does not guarantee:

• The accuracy of AI-generated information;
• The accuracy of cry analysis;
• The accuracy of personalised recommendations;
• That tracking information will always be preserved;
• That using WHYBABY will improve a baby's sleep, feeding, health, development, or wellbeing; or
• Any particular parenting, health, developmental, or other outcome.

Nothing in these Terms excludes any consumer rights or protections that cannot legally be excluded.

23. Limitation of Liability

To the maximum extent permitted by applicable law, Your Access (Pty) Ltd and its directors, employees, contractors, service providers, and affiliates will not be liable for indirect, incidental, special, consequential, or punitive losses arising from or relating to your use of WHYBABY.

This includes, where legally permitted, loss arising from reliance on AI-generated information, recommendations, cry analysis, reminders, tracking information, technical interruptions, or third-party services.

Nothing in these Terms is intended to exclude or limit liability where such exclusion or limitation is prohibited by applicable law.

24. Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold harmless Your Access (Pty) Ltd and its directors, employees, contractors, and service providers from claims, losses, liabilities, damages, and expenses arising from:

• Your unlawful or unauthorised use of WHYBABY;
• Your violation of these Terms;
• Your violation of another person's rights; or
• Information or content you knowingly submit to the Service in violation of applicable law or these Terms.

25. Account Suspension or Termination

You may stop using WHYBABY at any time.

You may also request deletion of your account through the available account settings or by contacting support@why-baby.com.

We may suspend or terminate your account where reasonably necessary, including where:

• You materially breach these Terms;
• Your use of the Service creates a security or legal risk;
• You engage in fraudulent or abusive activity;
• Required by law; or
• We discontinue the Service.

Where appropriate and reasonably possible, we will provide notice before terminating an account.

Termination does not affect rights or obligations that arose before termination.

26. Account and Data Deletion

You may request deletion of your WHYBABY account and associated personal information.

Account deletion may be initiated through the in-app "Delete My Account" option in Settings or by contacting:

support@why-baby.com

Certain information may need to be retained where required by law, for legitimate security purposes, to resolve disputes, or to comply with legal obligations.

Further information about data deletion is provided in our Privacy Policy.

27. Changes to These Terms

We may update these Terms from time to time to reflect changes to WHYBABY, our business practices, legal requirements, or the Service.

When we make material changes, we may notify you through the app, by email, or through another reasonable method.

The "Last updated" date at the top of these Terms indicates when they were most recently revised.

Your continued use of WHYBABY after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

28. Governing Law

These Terms are governed by the laws of the Republic of South Africa, unless applicable law requires otherwise.

Any disputes arising from or relating to these Terms or your use of WHYBABY will be subject to the jurisdiction of the appropriate courts of South Africa, subject to any mandatory consumer rights or protections applicable to you.

29. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable.

If it cannot be made enforceable, it will be removed without affecting the validity of the remaining provisions.

30. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms presented to you when using specific WHYBABY features, constitute the agreement between you and WHYBABY regarding your use of the Service.

If there is a conflict between these Terms and a specific feature-specific agreement, the specific agreement will apply to the extent of that conflict.

31. Contact Us

If you have questions about these Terms, your account, subscriptions, or the WHYBABY Service, please contact us:

WHYBABY
Your Access (Pty) Ltd
Email: support@why-baby.com

We will make reasonable efforts to respond to support enquiries in a timely manner.