Terms of Service
Effective date: April 30, 2025
THESE TERMS OF SERVICE (the "Terms") GOVERN YOUR ACCESS TO AND USE OF THE FIRST BITES LLC ("First Bites," "we," "our," or "us") APPLICATION AND WEBSITE (collectively, the "Services"). BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
1. The Services
1.1 Service Description
First Bites is the owner and provider of a mobile application and website that helps parents track their baby's food intake during the first year and beyond (the "Services"). Anything you post, upload, share, store, or otherwise provide through the Services is considered "User Content." You are solely responsible for all User Content you contribute to the Services.
1.2 License Grant
Subject to the terms of this Agreement, we grant you a non-transferable, non-exclusive, limited license to use and access the Services for your personal, non-commercial use.
1.3 First Bites's Ownership
First Bites owns the Services and all related content, materials, and proprietary information provided by First Bites. We retain all right, title, and interest in and to the Services, including all intellectual property rights.
2. Medical Disclaimer
THIS APP ISN'T MEDICAL ADVICE.
The advice in this app is intended for general informational purposes only and has been created with typically developing babies and children in mind. Please don't rely upon this information in the same way you would a medical professional as it's not a substitute for child-specific, one-on-one advice from your pediatric medical or health professional.
The content, information, and features of the Services are not meant as, and are not a substitute for, professional advice from healthcare providers, nutritionists, or experts in feeding and eating. The information in the Services is generalized for a broad audience.
Your child is an individual with unique needs. If your child has underlying medical or developmental differences, we strongly recommend discussing their feeding plan with qualified healthcare providers.
By using the Services, you acknowledge that you are accepting responsibility for your child's health and well-being. You should always seek the advice of qualified healthcare providers for questions regarding your child's development and feeding.
3. User Accounts
3.1 Account Creation
To access certain features of the Services, you must create a user account. When creating your account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation.
3.2 Age Requirements
The Services are not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
4. Subscriptions and Payments
4.1 Subscription Terms
If you choose to purchase a subscription to access premium features, you agree to pay all applicable fees. Unless otherwise noted, subscriptions will automatically renew for the same term at the then-current rate unless you cancel before the renewal date.
4.2 Cancellation
You may cancel a subscription at any time through your device's app store account settings or by contacting us. If you cancel, you will continue to have access to your subscription for the remainder of your current subscription period, but you will not receive a refund.
5. User Content and Conduct
5.1 User Account
To access certain features, Content and/or User Content available through the app, we may require that you sign up using your first name, email address and a password to create a User Account. If you do not create a User Account, you may not have access to certain functionality of the app.
We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. You agree to: (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where your User Account information is stored.
While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
5.2 Prohibited Activities
You agree not to:
- Use the Services for any illegal purpose or in violation of any laws
- Impersonate any person or entity
- Post content that is defamatory, obscene, or otherwise offensive
- Share content promoting violence, discrimination, or hatred
- Interfere with or disrupt the Services or servers
- Attempt to gain unauthorized access to any part of the Services
- Reverse engineer, decompile, or disassemble any portion of the Services
5.3 Account Deactivation
We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (i) you request such deactivation; (ii) you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your User Account; (iv) you fail to make payments related to your User Account (if applicable); (v) you reside in or relocate to a country where use of a User Account is prohibited under applicable law; or (vi) you act in a fraudulent or an inappropriate manner while using the User Account. You will be responsible for all charges incurred up until the time the account is deactivated, if applicable.
5.4 Not Intended for Children and Other Age Requirements
The Web Properties and App are not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
6. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
7. Limitation of Liability
IN NO EVENT SHALL FIRST BITES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES. FIRST BITES'S TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO FIRST BITES IN THE PAST TWELVE MONTHS.
8. Third Party Content and Third Party Applications
We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Web Properties or App by framing or other methods (collectively, “Third Party Content”). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications are provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Application, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to the Web Properties or App, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. If a third party links or refers to the Web Properties or App, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Web Properties or App.
9. Copyright and Intellectual Property
9.1 First Bites IP
All trademarks, service marks, logos, and designs used on the Services, whether registered or unregistered, are the property of First Bites or its licensors. Nothing in these Terms grants you the right to use any of First Bites's trademarks, service marks, logos, or designs for any purpose.
9.2 Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
- A description of the copyrighted work you claim has been infringed
- A description of where the allegedly infringing material is located
- Your contact information
- A statement that you have a good faith belief that the disputed use is not authorized
- A statement, made under penalty of perjury, that the information provided is accurate
Send notices to: First Bites LLC, 2108 N St STE N, Sacramento, CA 95816, USA or support@firstbitesapp.com.
10. Term and Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Services will immediately cease.
11. General Terms
11.1 Governing Law
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and First Bites must be brought exclusively in the state or federal courts located in Sacramento County, California.
11.2 Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Services with an updated effective date. Your continued use of the Services after such changes indicates your acceptance of the modified Terms.
11.3 Contact Information
If you have any questions about these Terms, please contact us at:
First Bites LLC 2108 N St STE N Sacramento, CA 95816 USA
Email: support@firstbitesapp.com