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TERMS OF SERVICE

The Cudl Website (“Website” available at cudlbaby.com), Cudl Mobile Applications (“Applications”) and Cudl content, such as text, graphics, videos, images, information, and other material (“Content”) are provided to you by Cudl, Inc. (“Cudl”). It is your responsibility to read these Terms of Service (“Agreement”), which represent a binding Agreement between you and Cudl. By using our Website, Applications or Content you agree to be bound by this Agreement in its entirety. This Agreement may be updated and modified by Cudl. If Cudl makes changes in the Terms and Conditions, we will provide notice by email. Unless otherwise provided by applicable law, your continued use of our Website, Applications or Content means that you agree with, and consent to be bound by, the Terms of Service. The Cudl Privacy Policy explains how we treat your personal data. By using the Website, Applications or Content you agree that Cudl can use such data in accordance with our Privacy Policy.

 

1. Cudl Does Not Provide Medical Advice: Our Website, Applications and Content are for informational purposes only. Cudl does not provide medical advice through its Website, Applications or Content. Information provided through our Website, Applications or Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Each child develops at a different pace. The milestones and information regarding developmental progress, is stated in general terms.  You are solely responsible for determining whether it is appropriate and safe to conduct any suggested activity with your child. If you suspect a developmental delay or have a question or concern about any other health issue with your baby, you should consult a physician immediately. You are solely responsible for determining whether your child is physically or mentally able to partake in the activities suggested in our Website, Applications or Content. 

 

If at any time while engaging in any of the suggested activities in our Website, Applications or Content, your child experiences irregular health symptoms, stop immediately and consult a doctor. Do not resume the activity  until obtaining approval from your child’s doctor. Never disregard professional medical advice or hesitate in seeking medical advice from a physician for any reason.

The activities,methods, and content in our Website, Applications are solely meant to be used for informational purposes only. Cudl does not guarantee results of any kind.

 

2. Safety: You are solely responsible for ensuring your child's safety.  Do not perform any activity that you feel your child may not be developmentally ready for. If you have any doubt about your child’s developmental ability to engage in any activity, consult with a healthcare professional before undertaking it.

 

You are solely responsible for making sure that any materials or toys used during the suggested activities are safe for your child. Do not use objects or toys that may present a choking hazard. You are solely responsible for always monitoring your child closely when your baby uses toys and objects. You are solely responsible that your baby is in a safe environment. Cudl cannot possibly foresee any and every possible risk to your child from participating in the suggested activities. You must use good judgment and common sense. 

 

3. Registration: In obtaining an account with Cudl, you gain access to content and functionality that we may maintain, change, and remove, periodically.  By connecting to our Website, Applications you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are responsible for ensuring that your password is confidential and no person shall have access to your Cudl passwords or accounts. Contact Cudl  immediately via e-mail if you suspect your account has been compromised. 

 

4. User Feedback: Cudl reserves the right to restrict or prohibit your use of our Website, Applications or Content if we believe you are violating any of the terms of this Agreement. You may submit comments or we may invite you to submit comments about our Website, Applications or Content about your opinions of the Application and Website. By submitting a comment, you acknowledge that your disclosure is voluntary, unsolicited, and unrestricted, and it will not impose any obligation on Cudl. You also agree that we may use the Idea without providing any compensation to you. You further acknowledge that Cudl does not waive any rights to use similar ideas developed by our content creators, employees or obtained from other sources.

 

5. Use of Content: Within these terms, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from any Cudl Website, Applications or Content. Use of our Website, Applications or Content for any purpose not expressly permitted by this Agreement is prohibited.

At Cudl, we are committed to safeguarding your privacy and ensuring transparency about the information we collect. When you use our app, we may collect and store personal data in our servers such as your name, email address, your child's name, your child's gender, & your child's birthdate to enhance your experience and improve our services. We utilize secure data servers to protect this information against unauthorized access. If you wish to delete your account and all associated data, you can do so by navigating to the 'Home Page' section within the app, tapping on the upper right button with the 3 lines, scrolling down on the left page that appears, selecting 'Delete Account,' and following the on-screen instructions. Please note that deleting your account is irreversible and will result in the permanent loss of all data associated with your profile. For further assistance or inquiries about our data practices, please contact our support team at scienceofcudl@gmail.com.

 

The Cudl Website (“Website” available at cudlbaby.com), Cudl Mobile Applications (“Applications”) and Cudl content,is the exclusive property of Cudl, Inc. Within these terms you agree to not engage in

  1. Copying and distributing content.

  2. Modifying the site in any way.

By violating any of the terms and conditions of this Agreement, your permission to use our Website, Applications and Content automatically terminates.

 

6. Indemnity: You agree to defend, indemnify and hold harmless Cudl,Inc,  its officers, directors, managers, employees, owners, and any other affiliated persons, from and against any and all claims, liabilities,actions, damages, obligations, losses, costs or debt, and expenses,including attorney’s fees, caused by or arising out of claims based upon your actions or non-action which may result in any loss or liability to us, and use of and access or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause is upheld after  termination of this User Agreement.

 

7. Limitation of Liability: In no event shall Cudl be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the amount paid or payable for the services provided to you under this Agreement.

 

In no event shall Cudl, its proprietors, affiliates, associated entities, officers, directors, employees, be liable to you for any direct, indirect, incidental, or consequential damages of any kind including but not limited to loss of profits, business interruption and/or loss of information or data whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

8. Applicable Law: This Agreement and any Claims arising out of or relating to this Agreement, our Website, Applications or Content shall be governed by the laws of the U.S Virgin Islands, without regard to its conflict of laws principles.

 

9. Disputes: Any dispute relating in any way arising out of or in connection with this Agreement will be subject to the jurisdiction of the court of the United States Virgin Islands, and you hereby consent to exclusive jurisdiction and venue in those courts.

 

10. Messages: Cudl, Inc may send email, for marketing or other similar purposes.  By providing Cudl with your email address, you consent to receive service-related notices. If you do not want to receive email messages, you may email Cudl and state to discontinue receiving such messages.

 

11. Waiver: This Agreement may be amended only by an instrument in writing signed by the parties hereto, and any provision hereof may be waived only by an instrument in writing signed by the party or parties against whom or which enforcement of such waiver is sought. The failure of any party hereto at any time to require the performance by any other party hereto of any provision hereof shall in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by any party hereto of a breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or a waiver of the provision itself or a waiver of any other provision of this Agreement.

 

This Agreement represents the complete understanding between the parties regarding the subject matter and overrides all previous agreements and understandings related to it.

July 31, 2024

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