This is a courtesy English translation of the German Nutzungsbedingungen, which govern for users in Germany and control in case of any discrepancy. Nothing in these Terms limits any right you have under mandatory consumer-protection law that cannot be excluded by contract in your country of habitual residence.
1. Agreement to these Terms
These Terms and Conditions ("Terms") are a binding agreement between you and Maximilian Doepp, trading as "AI Shift Solutions", Moosmühlenweg 3a, 85375 Neufahrn bei Freising, Germany ("BabyNook", "we", "us"), governing your access to and use of the babynook.app website, the BabyNook web app, and the BabyNook iOS and Android apps (together, the "Service"). By creating an account, or by accessing or using any part of the Service, you accept these Terms in full, including the disclaimers in Section 14 and the limitation of liability in Section 15. If you do not agree to these Terms, you must not use the Service. These Terms incorporate by reference our Privacy Policy and Imprint.
2. Eligibility & your account
- You must be at least 18 years old and have parental responsibility (or another valid legal basis) for any child whose data you add.
- You must provide accurate information and keep your login credentials confidential; you are solely responsible for all activity that occurs under your account, whether or not authorized by you.
- If you invite another caregiver to share a baby profile, you are responsible for that decision and for that person's compliance with these Terms; you can revoke their access at any time.
- We may refuse to open, may restrict, or may suspend or terminate an account at our reasonable discretion — in particular where we suspect fraud, abuse, a security risk, or a violation of these Terms — subject to Section 17.
3. Not medical advice — content may be wrong
4. AI-generated content & third-party AI providers
Parts of the Service use artificial intelligence, provided by third-party AI companies, to generate, summarize, translate, or suggest content. This includes, without limitation, answers from the "Alex" chatbot, and may also include suggested activities, gear recommendations, or translated text elsewhere in the app. Current AI providers are listed in our Privacy Policy and may change over time.
AI-generated content is produced automatically, generally without human review, and reflects statistical patterns rather than professional judgment about your specific child or situation. It may be inaccurate, incomplete, generic, outdated, or occasionally inappropriate. As set out in Section 3, you must not treat AI-generated content as medical, legal, safety, or other professional advice. You are solely responsible for evaluating and verifying any AI-generated content before relying on it in any way, and, to the maximum extent permitted by law, we disclaim all liability for decisions made in reliance on it.
5. Your content; feedback license
You keep ownership of the photos, videos, comments, and other content you upload ("Your Content"). By uploading it, you grant us a limited license to store, process, and display it back to you and the family members you've explicitly shared it with, solely to provide the Service — we do not use Your Content for advertising. You confirm you have the right to upload the content you share, including any necessary rights or consent relating to a child shown in it, and you are solely responsible for Your Content.
If you send us feedback, ideas, bug reports, or suggestions about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback into the Service in any way we see fit, without any obligation to compensate, attribute, or credit you.
Content, catalog descriptions, branding, software, and design that we create remain our property or that of our licensors.
6. Data loss, backups & encryption keys
We work to keep the Service reliable, but we do not guarantee that data you store in it — photos, videos, growth records, milestones, comments, or anything else — will not be lost, corrupted, deleted, or become inaccessible, for any reason, including technical failure, human error, a security incident, or discontinuation of the Service. You are responsible for keeping your own independent backups of anything you consider important, especially photos and videos.
Photos and videos are end-to-end encrypted on your device before upload (see our Privacy Policy). The key that unlocks them is derived from your own credentials and is never available to us in usable form. If you permanently lose access to your account or devices without a working recovery path, your encrypted media can become permanently and irrecoverably unreadable — including by us. This is an inherent property of end-to-end encryption, not a malfunction, and there is no recovery process we can offer.
To the maximum extent permitted by law, we exclude liability, and you will not be entitled to any refund, compensation, or damages, for loss of data of any kind — except where the loss is caused by our intent or gross negligence, or results from breach of a material contractual obligation as described in Section 15, in which case liability is limited as set out there.
7. Service availability; no SLA
We do not offer a service-level agreement or uptime guarantee. The Service may be unavailable, degraded, or interrupted at any time, including for scheduled or emergency maintenance, software updates, infrastructure failures at our hosting or third-party providers, network issues, security incidents, or force majeure events (Section 16). Except to the extent required by mandatory law (see Section 15), we are not liable for any loss, inconvenience, or damage arising from the Service being unavailable or not functioning as expected.
8. Changes, suspension & discontinuation of the Service
We may, at our discretion and at any time: (a) change, limit, or remove any feature of the Service; (b) temporarily suspend the Service, in whole or in part; or (c) permanently discontinue the Service, in whole or in part — including shutting down BabyNook entirely — for example due to changes in our business, technical, legal, or commercial circumstances. Where legally required for active paid subscribers, we will give reasonable advance notice of a full discontinuation and, where mandatory consumer law requires it, a pro-rata refund of amounts already paid for a period of the Service you will no longer receive as a result. Beyond what mandatory law requires, discontinuation or reduction of the Service does not entitle you to compensation, damages, or a refund. We recommend exporting or backing up anything important to you on an ongoing basis (see Section 6).
9. Subscriptions, pricing & cancellation
BabyNook offers a free tier and paid subscription tiers (Premium, Ultra, and one-time "Full Journey" passes); current plans, prices, and included features are listed on our Pricing page and, for in-app purchases, in the Apple App Store or Google Play Store listing. We may change what is included in the free tier at any time. Where offered, a free trial converts automatically into a paid subscription unless you cancel before it ends.
- Auto-renewal: paid subscriptions renew automatically for the same term unless cancelled at least 24 hours before the renewal date.
- How to cancel: iOS subscriptions are managed through your Apple ID account settings; Android subscriptions through Google Play; web subscriptions (billed via Paddle.com, our merchant of record for web purchases) can be cancelled from your account settings or by contacting us. Cancelling stops future renewals — it does not automatically refund the current billing period.
- Refunds: purchases made through the App Store or Google Play are refunded according to Apple's or Google's own policies, not by us directly. For web purchases, EU/EEA consumers have a statutory 14-day right of withdrawal for distance contracts; because BabyNook is digital content delivered immediately, this right ends once you expressly consent to immediate performance and acknowledge you lose your withdrawal right upon full delivery, as presented to you during checkout.
- Price changes: we may change prices for future billing periods with reasonable advance notice; continuing your subscription after a price change takes effect means you accept the new price.
10. Acceptable use
You agree not to: use the Service for anything unlawful; upload content that infringes someone else's rights or that you don't have permission to share; attempt to access another user's account or data without authorization; interfere with or disrupt the Service (e.g. through automated scraping, rate-limit evasion, or reverse engineering beyond what law permits); or resell or sublicense the Service without our written permission. We may investigate suspected violations and cooperate with law enforcement where required.
11. Third-party services & links
The Service relies on and links to third-party services and providers — including Apple, Google, Paddle.com, RevenueCat, Amazon, Google Cloud/Firebase, Sentry, and AI providers such as Google (Gemini) and DeepSeek (see our Privacy Policy for the full, current list). We do not control these third parties and are not responsible for their content, performance, availability, security, or policies; your use of them is subject to their own terms. Purchases, payments, refunds, and account/billing management for App Store or Google Play subscriptions are governed entirely by Apple's and Google's own terms — not by us. Product recommendations may link to Amazon or other retailers through affiliate links, from which we may earn a commission at no extra cost to you; these are recommendations, not endorsements or guarantees.
12. Intellectual property
The "BabyNook" name and logo, the Service's software, design, catalog content (milestone/activity descriptions and similar), and branding are our property or that of our licensors, protected by applicable intellectual property laws. Except for the limited rights expressly granted to use the Service, no rights are granted to you by implication or otherwise. You may not copy, modify, distribute, sell, or lease any part of the Service, or reverse-engineer or attempt to extract its source code, except as expressly permitted by mandatory law.
13. Indemnification
To the maximum extent permitted by law, you agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and reasonable costs (including legal fees) arising out of: your breach of these Terms; Your Content; or your violation of any third party's rights (including a child whose data you entered without proper authorization) — except to the extent the claim results from our own intent or gross negligence.
14. Disclaimer of warranties
To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Service or the servers that make it available are free of harmful components. This Section does not affect any statutory warranty rights that cannot be excluded under mandatory law applicable to you as a consumer.
15. Limitation of liability
To the extent permitted by law, we are liable without limitation for damages caused by intent or gross negligence, for injury to life, body, or health, and under mandatory product-liability law. Beyond that:
- For ordinary negligence, we are only liable for breach of a material contractual obligation (a duty whose fulfilment is essential to the proper performance of the contract and on which you may typically rely), and in that case liability is limited to the type and extent of damage that was foreseeable at the time you accepted these Terms.
- Within the above framework, our total aggregate liability arising out of or related to the Service is limited to the greater of (a) the amount you paid us for the Service in the 12 months preceding the event giving rise to the claim, or (b) €100.
- We are not liable for indirect, incidental, consequential, or special damages, or for lost profits or loss of goodwill, except where such exclusion is not permitted by mandatory law.
This Section does not limit any liability that cannot be limited or excluded under mandatory law, including statutory consumer-protection rights that apply in your country of habitual residence.
16. Force majeure
We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, acts of government, fire, flood, accident, pandemic, labor disputes, internet or power outages, or failures of our hosting, AI, or payment providers.
17. Termination
You may stop using the Service and delete your account at any time by contacting us at office@ai-shift.solutions (see also our Privacy Policy). We may suspend or terminate your account if you materially breach these Terms, in particular Section 10, after giving you an opportunity to remedy the issue where reasonably possible; in cases of fraud, security risk, or legal necessity, we may act without prior notice. Sections 3–6 and 12–20 survive termination of your account or these Terms.
18. Governing law, jurisdiction & dispute resolution
These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of the country in which you have your habitual residence. If you are a merchant, the place of jurisdiction is our registered place of business.
The European Commission provides a platform for online dispute resolution (ODR): ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board.
19. Assignment
We may assign, transfer, or delegate these Terms and our rights and obligations under them, in whole or in part, at any time — including in connection with a merger, acquisition, reorganization, or sale of assets — without your consent. You may not assign or transfer these Terms or your account without our prior written consent.
20. Entire agreement; no waiver
These Terms, together with our Privacy Policy and Imprint, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements or understandings on the subject. Our failure to enforce any right or provision of these Terms at any time does not waive that right or provision for the future.
21. Changes to these Terms
We may update these Terms as the Service evolves. We'll update the "last updated" date above and, for material changes, notify you in the app or by email in advance of them taking effect. Continued use of the Service after changes take effect means you accept the updated Terms.
22. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions stay in effect, and the invalid provision will be interpreted to best achieve its original intent within the limits of applicable law.
23. Contact
Maximilian Doepp (trading as AI Shift Solutions)
Moosmühlenweg 3a, 85375 Neufahrn bei Freising, Germany
Email: office@ai-shift.solutions