Terms of Service

Acceptance of Terms

By creating an account, accessing, or using any part of the FamilyNest platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

You represent and warrant that you are at least 18 years of age, or that you are a parent or legal guardian of a minor using the Services with their consent. If you are using the Services on behalf of a family, you represent that you have the authority to bind that family to these Terms.

Definitions

For the purposes of these Terms, the following definitions apply:

• "Services" — The FamilyNest platform, including its website, mobile applications, APIs, content, tools, and all related features.
• "User" — Any individual who accesses or uses the Services, whether registered or not.
• "Account" — A unique profile created by a User to access premium features of the Services.
• "User Content" — Any content, data, messages, media, or information submitted, posted, or shared by a User on or through the Services.
• "Family Profile" — A grouped account structure allowing multiple family members to share certain content and resources.
• "Content" — All materials provided by FamilyNest, including articles, videos, guides, tools, and educational resources.

Use of Services

3.1 Eligibility

You must be at least 18 years old to create an Account. Parents or legal guardians may use the Services on behalf of minors under their care. We do not knowingly collect personal information from children under 13 without verifiable parental consent, in accordance with the Children's Online Privacy Protection Act (COPPA).

3.2 Permitted Use

FamilyNest grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial purposes in accordance with these Terms. You may use our pregnancy trackers, baby care guides, parenting workshops, community forums, and kids' activities for your family's benefit.

3.3 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to:

1. Provide accurate and complete information when creating your Account.
2. Keep your password secure and not share it with unauthorized parties.
3. Notify us immediately at support@familynest.com if you suspect unauthorized access to your Account.
4. Ensure all family members using your Account comply with these Terms.

User Content

4.1 Ownership of Your Content

You retain all ownership rights to the User Content you submit to FamilyNest. By submitting content, you grant FamilyNest a worldwide, non-exclusive, royalty-free license to use, display, distribute, and modify your content solely for the purpose of operating and improving the Services.

4.2 Content Guidelines

When posting content in our community forums or sharing within Family Profiles, you agree not to submit content that:

• Violates any applicable law, regulation, or third-party right.
• Is defamatory, abusive, harassing, hateful, or threatening.
• Contains medical advice that supersedes professional consultation.
• Discloses personally identifiable information of minors without consent.
• Infringes upon the intellectual property rights of others.
• Contains spam, malware, or deceptive content.

4.3 Our Right to Moderate

FamilyNest reserves the right, but has no obligation, to monitor, edit, remove, or refuse to display any User Content that, in our sole discretion, violates these Terms or is otherwise inappropriate. We may also remove content at the request of law enforcement or at the direction of a court order.

Privacy Policy

Your privacy is critically important to us. Our Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use FamilyNest. By using our Services, you consent to the data practices described in the Privacy Policy.

Key points include:

• Data Collection: We collect information you provide directly (e.g., registration data, family information) and information collected automatically (e.g., usage data, device information).
• Use of Information: We use your data to provide and improve our Services, personalize your experience, communicate with you, and ensure platform safety.
• Data Sharing: We do not sell your personal information. We may share data with trusted service providers, legal authorities when required, or with other family members within your Family Profile.
• Data Security: We implement industry-standard security measures to protect your information.
• Your Rights: You may access, correct, or delete your data at any time through your Account settings or by contacting us.

Intellectual Property

6.1 FamilyNest Ownership

All Content provided by FamilyNest — including articles, videos, graphics, logos, text, trademarks, service marks, images, and the overall design and layout of the Services — is the property of FamilyNest, Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

You are granted a limited license to access and view the Content for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Content without prior written consent from FamilyNest.

6.3 Trademarks

The FamilyNest name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FamilyNest, Inc. You must not use such marks without the prior written permission of FamilyNest.

Prohibited Conduct

When using FamilyNest Services, you agree not to:

1. Use the Services for any unlawful purpose or in violation of any local, state, national, or international law.
2. Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services.
3. Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
4. Interfere with or disrupt the integrity or performance of the Services.
5. Attempt to decipher, decompile, disassemble, or reverse engineer any software contained on the Services.
6. Advertise or offer to advertise or engage in commercial activities through the Services, unless expressly permitted by FamilyNest.
7. Harass, abuse, or harm another person or group, including other Users of the Services.
8. Post or transmit any content that promotes violence, discrimination, or hate against any individual or group.
9. Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
10. Collect or harvest any personally identifiable information from the Services, including User profiles.
11. Use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.
12. Submit any false or misleading information in connection with your Account.

Termination

8.1 By You

You may terminate your Account at any time by contacting us at support@familynest.com or through your Account settings. Upon termination, your right to use the Services will cease immediately.

8.2 By FamilyNest

FamilyNest reserves the right to suspend or terminate your Account and access to the Services at our sole discretion, without prior notice, for conduct that we believe violates these Terms, is harmful to other Users, or is otherwise detrimental to the operation of the Services.

8.3 Effect of Termination

Upon termination:

• Your right to use the Services will immediately cease.
• We may, but are not obligated to, delete or archive all of your data and content.
• Any outstanding fees owed to FamilyNest will remain due and payable.
• Provisions that by their nature should survive termination shall survive, including intellectual property provisions, warranty disclaimers, and limitations of liability.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAMILYNEST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• No Medical Advice: The content on FamilyNest is provided for informational and educational purposes only and does not constitute medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions regarding a medical condition.
• Accuracy: We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.
• Reliance: We do not warrant that the information on the Services is complete, accurate, or current. Any reliance you place on such information is strictly at your own risk.
• Third-Party Links: The Services may contain links to third-party websites or services. We do not endorse and are not responsible for the content, accuracy, or practices of any third-party sites.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAMILYNEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses.
• Any unauthorized access to or use of our servers.
• Any bugs, viruses, trojan horses, or the like that may be transmitted through the Services.
• Any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, or transmitted through the Services.

FamilyNest's total aggregate liability for any claim under these Terms shall not exceed the greater of $100 USD or the amount you have paid to FamilyNest in the twelve (12) months preceding the event giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless FamilyNest and its officers, directors, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

1. Your access to or use of the Services.
2. Your violation of these Terms.
3. Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
4. Any claim that your User Content caused damage to a third party.

Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree that any disputes arising from or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware.

Before initiating any legal proceeding, you agree to attempt to resolve any dispute with FamilyNest through good-faith negotiation for a period of at least thirty (30) days.

Arbitration Clause

Except for disputes that qualify for small claims court, you agree that any disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, and the arbitrator's award shall be final and binding.

Class Action Waiver

You agree that disputes shall be resolved on an individual basis and not as part of any class or representative action. You may only resolve disputes with FamilyNest on an individual basis and may not consolidate your claims with those of any other party.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Changes to These Terms

FamilyNest reserves the right to modify these Terms at any time. We will notify Users of material changes by posting the updated Terms on our website and, where appropriate, by email. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms.