Please read these Terms carefully. They form a binding agreement between you and heymama and include an arbitration clause and class-action waiver (Section 13).
- Agreement to terms
- Our services
- Eligibility
- Accounts
- Not medical advice
- Your content
- Acceptable use
- Subscriptions & purchases
- Intellectual property
- Apple App Store terms
- Disclaimers
- Limitation of liability
- Dispute resolution
- Termination
- Changes & general terms
- Contact us
1. Agreement to terms
These Terms of Service (“Terms”) govern your access to and use of the heymama website at heymama.me (the “Website”) and our mobile applications, including heymama Baby Tracker and heymama Diary (the “Apps”), together with any related services (collectively, the “Services”), provided by heymama (“heymama,” “we,” “us,” or “our”).
By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you may not use the Services.
2. Our services
heymama provides lifestyle tools for parents and caregivers, including apps to record and review information about a baby’s daily routines and to keep a personal family diary. We may update, change, suspend, or discontinue any part of the Services at any time, and we will not be liable to you or any third party for doing so.
3. Eligibility
The Services are intended for adults. You must be at least 18 years old, or the age of majority where you live, to use the Services. By using the Services, you represent that you meet this requirement and that you have the authority to record information about any child whose information you enter.
4. Accounts
Some features may require an account. You are responsible for keeping your login credentials and device secure and for all activity under your account. Please notify us promptly at hello@heymama.me if you believe your account has been accessed without authorization.
5. Not medical advice
The Services are for general informational and personal record-keeping purposes only. They are not a medical device and do not provide medical advice, diagnosis, or treatment. Charts, summaries, patterns, or reminders in the Apps should not be relied on as a substitute for professional judgment. Always seek the advice of your pediatrician or another qualified health provider with any questions about your or your child’s health. If you think there may be a medical emergency, call your doctor or local emergency services immediately.
6. Your content
You own the entries, notes, photos, and other content you create in the Services (“Your Content”). You grant heymama a limited, non-exclusive, worldwide, royalty-free license to host, store, process, and display Your Content solely as needed to operate and provide the Services to you and to people you choose to share with. We do not claim ownership of Your Content and will not use it for advertising.
You are responsible for Your Content and represent that you have the rights needed to add it to the Services. You are responsible for keeping your own backups of content that is important to you.
If you send us feedback or suggestions, you agree we may use them without restriction or compensation to you.
7. Acceptable use
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable law;
- Upload content that is unlawful, harmful, harassing, or infringes the rights of others;
- Attempt to access another user’s account or data without permission;
- Interfere with, disrupt, or attempt to gain unauthorized access to the Services or their systems;
- Copy, modify, reverse engineer, or create derivative works of the Services, except as permitted by law;
- Use bots, scrapers, or other automated means to access the Services.
8. Subscriptions & purchases
Some features may be offered through paid subscriptions or in-app purchases. All purchases are processed by Apple through the App Store and are subject to Apple’s terms and payment policies. Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period. You can manage or cancel subscriptions in your Apple ID account settings. Refunds are handled by Apple in accordance with its policies.
9. Intellectual property
The Services, including their design, software, text, graphics, logos, and the heymama name and marks, are owned by heymama or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use.
10. Apple App Store terms
If you download our Apps from the Apple App Store, you acknowledge that these Terms are between you and heymama only, not Apple, and that heymama — not Apple — is solely responsible for the Apps and their content. Your use of the Apps must comply with the App Store Terms of Service and Apple’s Licensed Application End User License Agreement. Apple has no obligation to provide maintenance or support for the Apps. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the Apps, and heymama — not Apple — is responsible for addressing any claims relating to the Apps, including product liability, legal or regulatory compliance, consumer protection, and intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
11. Disclaimers
The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any data will not be lost.
12. Limitation of liability
To the fullest extent permitted by law, heymama and its owners, employees, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising out of or related to your use of the Services. Our total liability for any claim relating to the Services will not exceed the greater of the amount you paid us in the twelve months before the claim or fifty U.S. dollars (US$50).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
13. Dispute resolution
Before filing a claim, you agree to first contact us at hello@heymama.me so we can try to resolve the issue informally. If we cannot resolve it within 60 days, any dispute will be resolved by binding individual arbitration, except that either party may bring qualifying claims in small claims court. You and heymama waive any right to a jury trial or to participate in a class action. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms.
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules, except where the law of your place of residence requires otherwise.
14. Termination
You may stop using the Services at any time and may delete your account from within the Apps. We may suspend or terminate your access if you violate these Terms or if needed to protect the Services or other users. Sections that by their nature should survive termination will survive.
15. Changes & general terms
We may update these Terms from time to time. When we do, we will update the “Last updated” date above and, where appropriate, notify you in the Apps. Continued use of the Services after changes take effect means you accept the updated Terms. If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. These Terms, together with our Privacy Policy, are the entire agreement between you and heymama regarding the Services.
16. Contact us
Questions about these Terms? Contact us at hello@heymama.me.