RiOT Solutions, Inc. Terms of Service
Welcome to Raybaby! RiOT Solutions, Inc. ("Raybaby", “Raybaby Journal”, "us", "we", or "our") maintains the Raybaby mobile application (the "Raybaby App") and the websites raybaby.us and raybaby.store (the "Website(s)") subject to these Terms of Service.
By using the Raybaby App, the Websites, its subdomains, and the other services and features made available through the Raybaby App, the Websites, and any related services including our servers and any other downloadable applications we make available to you from time to time (collectively with the Raybaby App and the Websites, the "Services"), you indicate your unconditional acceptance of these Terms of Service. Throughout these Terms of Service, "you" or "your" refers to a registered user of our Services or a member of the general public accessing or using any of our Services (each a "User").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND RAYBABY. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND RAYBABY ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 20 "AGREEMENT TO ARBITRATE").
The Services and related components provide a platform to help you monitor your baby remotely. The Services provide you information to help you track your baby’s sleep patterns, breathing, body position, images, videos and other data collected through the sensors in our Raybaby (“device”). The device captures the biometrics and data, of which some of the data is transferred directly to you on your Raybaby app and some of the data is transferred to the storage cloud via a wi-fi connection. We then process and present the data from the cloud to you on your mobile device via the Raybaby App in a processed format.
The Raybaby App enables parents to do four things: see their baby's data in real-time; set alerts to let them know if anything changes; view trend and analytics about their baby's breathing and sleep over time and interact with other members via the community. The Raybaby App also enables you to configure your device with the wi-fi in your house, and to enter information about your baby.
We refer to the Services, the Raybaby device and related components provided by us as the "Raybaby Monitor System".
2. SCOPE OF SERVICE
Raybaby hereby grants to you, subject to the Terms of Service, a non-transferable (except as described below), non-sublicensable, non-exclusive, revocable, limited right to access and use the Services and Content (as defined below) solely for use with the other components of your Raybaby Monitor System (and any other uses provided for herein), and subject to the policies and restrictions that we post on the Services from time to time. You may transfer the foregoing license to another person, but only if you sell or otherwise transfer the Raybaby device associated with your account to that person. Other members of your family, babysitters or other caregivers, who you allow to use the Raybaby Monitor System may exercise your licensed rights on your behalf. The Raybaby App and all other software included in the Raybaby Monitor System is licensed, not sold, and ownership of all intellectual property rights thereto remains with RiOT Solutions, Inc. You agree not to reverse engineer, decompile, decode, decrypt, disassemble, or otherwise attempt to obtain the source code for any such software, or to assist anyone else in doing so. Other than the express license grants we are providing here, we are not providing any license to our intellectual property.
You are responsible for obtaining any equipment, Internet and phone service necessary to access the Services and for paying any fees for the equipment and services you select.
We may alter, suspend, or discontinue the Services in whole or in part, at any time and for any reason, without notice. You acknowledge that the Services are evolving and that the form and nature of our Services, including our mobile applications, may change from time to time without notice to you. The Services may also periodically become unavailable due to maintenance, because of issues with third party telecommunications providers or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time or to our own products or services.
At times, orders can get delayed for reasons outside of our control. If in case such a situation arises, we will keep an open dialogue with all of our customers through frequent, transparent, and thorough updates via email as well as the Website.
3. ACCESS AND USE TERMS
d. Acknowledgement to Receive Email.
As a registered member of the Services, you may receive emails from us from time to time regarding upcoming events, special promotions, and product and service offerings from us and our partners. We offer an opportunity to opt-out of certain communications on the Website, through the Raybaby App, or you may contact us at email@example.com.
As part of registering with our Services, you may provide information about yourself such as your name, age, gender, a short description about yourself, and other information. Raybaby is not responsible for any personal information you choose to share within your profile, which may appear if you make any posts in our comments or forums portions of our Website or Raybaby App.
b. Social Network Login Credentials.
Some of our Services may be restricted to members only. In order to become a member, we may ask you to complete a registration form and create a user name and password ("Login Credentials"). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Service.
a. Registered Users.
4. THIRD PARTY LINKS.
External links on the Services may lead to other websites. We are not liable for the content, goods, services, advertising, or other materials found on these external sites.
Even if we refer to a third party or third party product or service, that does not mean that we approve or endorse that third party or that product or service. Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website.
5. SERVICE CONTENT
You agree that Raybaby is not liable in any way for the accuracy, completeness, timeliness or correct sequencing of Content, or for any decision made or action taken by you relying upon the Content.
The term "Content" means all information, text, alerts, images, data, links, software, or other material accessible through the Services, whether created by us or provided by another person or User, for display through the Services, including biometric and audio data about your baby. Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content or trademarks displayed on our Services, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on our Services.
The Content may contain typographical errors, other errors or inaccuracies. We reserve the right, but without obligation, to make changes to Content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available to you through the Services, subject to the following conditions:
a. The Content may be used solely for internal informational purposes.
b. No part of the Services or Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose, except as may be available through the Services from time to time.
c. The Content may not be modified.
6. CONTENT SUBMITTED BY USERS.
We are not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted for public display through our Services, such as through Public Areas (as defined below). We do not prescreen Content posted by you or other third parties to online discussion boards, blogs, forums, or other services that may be available through the Services from time to time that allow Users to communicate with other Users (each, a "Public Area"). Content submitted to Public Areas may be viewed by other users or the general public. We may decide in the future to add a feature to enable you to select the level of sharing of your Content with other Users in Public Areas. With respect to such Content in Public Areas, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users through a Public Area are those of the respective User and not of Raybaby. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content you submit to the Services is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to the Services.
We have the right, but not the obligation, to monitor Content submitted to the Services, either through our submission forms or through Public Areas, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material, such as Content, submitted to or posted in any Public Area provided through our Services. Without limiting the foregoing, we have the right to remove any material that Raybaby, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you submit or post to our Services.
7. PROHIBITED CONTENT
By accessing our Services or any Public Area, you agree that you will not disrupt or otherwise interfere in any way with any other User's use of the Services and to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Services to:
a. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Raybaby;
b. Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
c. Post Content which infringes another's copyright, trademark or trade secret;
e. Post unsolicited advertising or unlawfully promote products or services;
d. Advertise or offer to sell any goods or services for any commercial purpose through the Service unless authorized by us in a separate agreement;
h. Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
i. Adapt, alter, license, sublicense or translate any of the Services for your own personal or commercial use;
g. Impersonate another person;
f. Harass, threaten or intentionally embarrass or cause distress to another person or entity;
p. Violate any federal, state, local, or international law or regulation; or
o. Solicit personal information from children under 18 years of age;
n. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 18 years of age);
m. Harvest or otherwise collect information about Users, including email addresses, without their consent;
l. Transfer your Raybaby account and Login Credentials to another party without our consent;
k. Obtain unauthorized access to any computer system through the Services;
j. Introduce viruses, worms, Trojan horses and/or harmful code in connection with the Services;
q. Encourage conduct that would constitute a criminal or civil offense.
While the above are an illustrative list of problematic types of conduct, Raybaby reserves the right to remove or modify any Content at any time, for any reason, whether on the foregoing list or otherwise.
All submissions made to Public Areas will be public, and Raybaby will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
By using the Services, you agree to indemnify and hold Raybaby harmless and, at Raybaby’s option, defend Raybaby, from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys' fees, that arises in connection with your use of the Services.
9. COMPLIANCE WITHPRODUCT WARNINGS ANDINSTRUCTIONS.
AS A CONDITION TO RECEIVING SERVICES, YOU AGREE TO STRICTLY COMPLY WITH ALL PRODUCT WARNINGS AND INSTRUCTIONS ON THE PACKAGING, LABELS AND DOCUMENTATION OF THE RAYBABY DEVICE, AND ANY UPDATES THAT WE PROVIDE TO YOU VIA THE RAYBABY APP (OR VIA EMAIL IF YOU PROVIDE US WITH YOUR EMAIL ADDRESS). In addition, you agree to only use Raybaby device in a manner that complies with all applicable laws and regulations.
The Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a parent. In this case, the parent is responsible for any and all activities of the User in connection with our Services.
11. NO SOLICITATION.
Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through Raybaby.
12. INTELLECTUAL PROPERTY RIGHTS.
Unless otherwise noted, all Content available through the Services is the property of Raybaby and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The service marks and trademarks of Raybaby, including without limitation Raybaby and the Raybaby logos, are owned by RiOT Solitions, Inc. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
13. SUGGESTIONS AND FEEDBACK.
By posting Content or sending us any ideas, suggestions, documents or proposals (collectively, "Suggestions"), you represent and warrant to us that (i) your Content and Suggestions do not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Content or Suggestions. In addition, you agree that we may have something similar to the Content and Suggestions already under consideration or in development, and you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, transferable, sublicensable license to use, modify, prepare derivative works, publish, distribute and sublicense the Content and Suggestions, and you irrevocably waive against Raybaby and its users any claims and assertions of any moral rights contained in such Content and Suggestions. Furthermore, by posting Content or Suggestions to any Public Area of the Services, you automatically grant Raybaby all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of such Content or Suggestions on the Services by any party for any purpose.
14. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), it is Raybaby’s policy to respond to notices of any actual or alleged infringement that are reported to Raybaby's "Designated Copyright Agent" and that comply with the DMCA. If you believe that any material on our Services infringes your copyright, you may request that it be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
(1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;
(2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material;
(4) a statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law;
(3) your name, address, telephone number, and email address;
(6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to our Services can be contacted firstname.lastname@example.org or at
(5) a statement that the information in your claim is accurate; and
RiOT Solutions, Inc
ATTN: Copyright Agent
7029-K Haycock Road,
Falls Church, Virginia 22043
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of Users of the Services who are repeat infringers.
15. DISCLAIMER OF WARRANTY
THE RAYBABY MONITOR SYSTEM IS NOT A MEDICAL DEVICE, IS NEITHER REGULATED NOR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION, AND IS NOT DESIGNED TO DETECT OR PREVENT CAUSES OF SUDDEN INFANT DEATH SYNDROME (SIDS). THE RAYBABY MONITOR SYSTEM IS INTENDED TO HELP YOU MONITOR YOUR BABY AND IS NOT TO BE USED AS A SUBSTITUTE FOR PARENTING OR OTHER ADULT SUPERVISION. USE OF THE SERVICES AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE THAT THE SERVICES, THE CONTENT, AND ALL OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED "AS IS" AND ARE BASED IN PART ON CONTENT PROVIDED BY USERS, WHICH ARE NOT VERIFIED BY RAYBABY, AND THAT ANY CONTENT ACQUIRED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. RAYBABY AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY INFORMATION OR DATA GENERATED THROUGH THE USE OF THE SERVICES. WE PROVED NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN ADDITION, AND WITHOUT LIMITATION, RAYBABY DOES NOT WARRANT THAT:
THE CONTENT AND INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS;
THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS;
DEFECTS WILL BE CORRECTED, OR
THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
16. LIMITATION OF LIABILITY.
IN NO EVENT SHALL RAYBABY BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF RAYBABY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE THAT RAYBABY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICES, OR THE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF
THE AMOUNTS, IF ANY, YOU PAID TO RAYBABY FOR THE SERVICES IN THE THEN-PRIOR SIX MONTHS AND
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We may terminate any User's access to the Services, including access to any Public Areas, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate Users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Services.
You may terminate your account at any time by indicating so on the Raybaby App, our Websites, or contacting us email@example.com, and ceasing all use of the Services. Upon termination of a User's account under these Terms of Service, all license rights granted by such User to Raybaby shall survive termination. Even after your right to use the Services is terminated or suspended, these Terms of Service will remain enforceable against you.
19. GOVERNING LAW; DISPUTE RESOLUTION.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Delaware, USA.
20. AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION.
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor Raybaby can require the other to participate in an arbitration proceeding. To opt out, you must notify Raybaby in writing within thirty (30) days after the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:
RiOT Solutions, Inc
ATTN: Copyright Agent
7029-K Haycock Road,
Falls Church, Virginia 22043
If you opt out of this Agreement To Arbitrate, you and Raybaby consent to the non-exclusive jurisdiction of the state and federal courts in the state of Delaware, USA. This Arbitration section will survive the termination of your relationship with Raybaby.
You may not assign or transfer these Terms of Service in whole or in part to any third party without the consent of Raybaby. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. Raybaby and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Service contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by Raybaby, and cannot be amended except by a writing signed by both parties or by Raybaby's posting of an amended version of these Terms of Service. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
22. FOR ADDITIONAL INFROMATION.
If you have any questions about these Terms of Service, please contact firstname.lastname@example.org
Copyright © 2017 RiOT Solutions, Inc. All Rights Reserved.
Effective Date: November 2, 2016