Terms of Use (EULA)
This End User License Agreement ("Agreement") is a legal agreement between you ("User") and Hushly ("we", "us", or "our") governing your use of the Hushly mobile application ("App") available on the Apple App Store and Google Play Store. By downloading, installing, or using the App, you agree to be bound by the terms of this Agreement.
1. Acceptance of Terms
By creating an account or using the App, you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction) and that you agree to these Terms of Use. If you do not agree, you must not use the App.
2. License Grant
We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on devices that you own or control, solely for your personal, non-commercial purposes, subject to the terms of this Agreement and any applicable App Store rules.
3. Description of Service
Hushly is a baby care tracking application that helps parents log and monitor their baby's sleep, feeding, diaper changes, activities, growth, and health. The App provides insights, trends, and optional notification reminders to support your daily parenting routines.
The App is not a medical device and does not provide medical advice. All information and insights are for general informational purposes only. Always consult a qualified healthcare professional for medical decisions regarding your child.
4. Subscriptions and Payments
4.1 Free and Premium Features
The App offers both free features and premium features available through a paid subscription ("Premium"). Free features include basic sleep tracking, limited daily logs, and core functionality. Premium unlocks advanced statistics, unlimited logging, configurable reminders, and additional insights.
4.2 Subscription Plans
Premium is available as a monthly or annual auto-renewing subscription. Pricing is displayed in the App prior to purchase and may vary by region.
4.3 Billing and Renewal
- Payment is charged to your Apple ID or Google Play account at the time of purchase confirmation.
- Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current billing period.
- Your account will be charged for renewal within 24 hours prior to the end of the current period at the same rate.
- You can manage and cancel your subscription at any time through your device's App Store or Google Play Store settings.
4.4 Free Trials
We may offer free trial periods at our discretion. If a free trial is offered and you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription and your payment method will be charged.
4.5 Refunds
Refunds are handled by Apple (App Store) or Google (Google Play) in accordance with their respective refund policies. We do not process refunds directly. Any unused portion of a free trial period will be forfeited upon purchasing a subscription.
5. User Accounts and Data
5.1 Account Responsibility
You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.
5.2 Household Sharing
The App allows you to invite others to a shared household for collaborative baby tracking. You are responsible for managing access to your household and the data shared within it.
5.3 Data Accuracy
You are responsible for the accuracy of the data you enter. We are not liable for any decisions made based on incorrect or incomplete data entered into the App.
6. Acceptable Use
You agree not to:
- Use the App for any unlawful or unauthorized purpose.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App.
- Copy, modify, distribute, or create derivative works based on the App.
- Interfere with or disrupt the App's servers, networks, or services.
- Attempt to gain unauthorized access to any part of the App or its systems.
- Use automated means (bots, scrapers) to access or collect data from the App.
7. Intellectual Property
All content, features, and functionality of the App — including but not limited to design, text, graphics, logos, icons, and software — are owned by Hushly and are protected by copyright, trademark, and other intellectual property laws. This Agreement does not transfer any ownership rights to you.
8. Privacy
Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the App, you consent to the practices described in the Privacy Policy.
9. Third-Party Services
The App may integrate with third-party services (such as authentication providers, analytics, and payment processors). Your use of those services is subject to their own terms and privacy policies. We are not responsible for the practices of third-party services.
10. Disclaimers
- The App is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.
- We do not guarantee that the App will be uninterrupted, error-free, or free of harmful components.
- We do not warrant the accuracy, completeness, or reliability of any insights, predictions, or recommendations provided by the App.
- The App is not a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay seeking it because of information provided by the App.
11. Limitation of Liability
To the maximum extent permitted by applicable law, Hushly and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or personal injury, arising out of or related to your use of the App.
In no event shall our total aggregate liability exceed the amount you have paid us in the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless Hushly from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the App or violation of this Agreement.
13. Termination
- You may terminate this Agreement at any time by deleting the App and your account.
- We may suspend or terminate your access to the App at any time if you violate this Agreement, without prior notice.
- Upon termination, your license to use the App is revoked. Sections that by their nature should survive (including Disclaimers, Limitation of Liability, and Indemnification) will remain in effect.
14. Changes to This Agreement
We reserve the right to modify this Agreement at any time. We will notify you of material changes through the App or by other reasonable means. Your continued use of the App after changes take effect constitutes your acceptance of the revised terms.
15. Apple-Specific Terms
If you downloaded the App from the Apple App Store, the following additional terms apply:
- This Agreement is between you and Hushly, not Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
- Apple has no obligation to provide maintenance or support for the App.
- In the event of a failure to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Apple is not responsible for addressing any claims relating to the App, including product liability claims, consumer protection claims, or intellectual property infringement claims.
- In the event of a third-party intellectual property claim, Hushly (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of such claim.
- Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance, Apple has the right to enforce this Agreement against you as a third-party beneficiary.
- You represent that (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (b) you are not on any U.S. Government list of prohibited or restricted parties.
16. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Romania, without regard to conflict-of-law principles. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Romania.
17. Contact
If you have questions about these Terms of Use, please contact us at cristian@tomeapps.com.