End User License Agreement (Terms of Use)

Effective date: September 28, 2026 · FlashSoft OÜ

1. Agreement

This End User License Agreement (the "Terms") is a legally binding agreement between you and FlashSoft OÜ, a private limited company registered in Estonia under registry code 16941816, with its registered address at Ruunaoja tn 3, Lasnamäe linnaosa, Tallinn, Harju maakond 11415, Estonia ("we", "us", "our"). It governs your use of the Baboo mobile application for iPhone, iPad and Apple Watch, including its widgets, updates and premium features (the "App"), the Baboo web viewer, our signalling and relay servers and this website (together with the App, the "Service").

By downloading, installing, accessing or using the Service, or by purchasing a subscription, you confirm that you have read, understood and agree to these Terms and to our Privacy Policy, which forms part of these Terms. If you do not agree, do not use the Service and delete the App.

2. Safety notice

You acknowledge and agree that:

• Not a medical or safety device. The Service is not a medical device and is not designed, tested or certified to prevent, detect, diagnose or treat any condition, including sudden infant death syndrome (SIDS), breathing problems, choking, overheating or falls. It must not be relied on for any of these purposes.
• Not a substitute for supervision. The Service is an aid for convenience only. It does not replace direct, in-person supervision of a child by a responsible adult, and you must not leave a child unattended or out of reach on the basis that the Service is running.
• It can fail. Video, sound, notifications, cry and motion detection, readings (such as noise level or battery), sleep sounds, night light and all other features may be inaccurate, delayed, interrupted or unavailable at any time and without warning. Causes include, without limitation: loss or weakness of Wi-Fi or mobile data, battery depletion or power loss, iOS power-saving and background restrictions, Focus or Do Not Disturb modes, notification or permission settings, the device being locked, muted, overheated or in use by another app, software updates, errors in the App, our servers or third-party services being unavailable, and incorrect set-up. Detection features rely on automated sound analysis and will produce both false alarms and missed events.
• Physical safety of devices. You are responsible for placing devices, stands and charging cables safely and out of a child's reach, avoiding overheating and following the manufacturer's instructions. Cords can cause strangulation, and devices and batteries can overheat.
• Safe sleep guidance. Follow the safe-sleep guidance of your paediatrician and public-health authorities. Nothing in the Service is medical advice.

To the maximum extent permitted by law, you assume all risk arising from your reliance on the Service.

3. Eligibility

The Service is intended for adults. You must be at least 18 years old, or the age of legal majority where you live if higher, and able to enter into a binding contract. You must not allow a child to install, configure or operate the Service. You are responsible for all use of the Service on devices you own or control.

4. Licence

Subject to your continued compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to install and use the App in object-code form on Apple-branded devices that you own or control, for your personal, non-commercial use, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App is licensed, not sold. We reserve all rights not expressly granted.

You must not, and must not help anyone else to: copy, modify, translate or create derivative works of the Service; decompile, disassemble or reverse engineer it, except where the law expressly permits this despite this restriction; rent, lease, sell, sublicense or distribute it; remove proprietary notices; circumvent or interfere with any security, licensing or payment mechanism, or access premium features without paying; access our servers other than through the App or web viewer, or overload, probe or attack them; or use the Service to build a competing product.

5. How the Service works and its availability

The App requires at least two compatible devices, a working internet or local network connection and the permissions described in the App. Pairing and connections depend on servers operated by us and by third parties. We provide the Service on an "as available" basis. We may, at any time and without liability, change, suspend or discontinue any part of the Service, including features, supported devices and operating systems, free usage limits and server infrastructure, and we may carry out maintenance that interrupts it. We are under no obligation to provide updates, support or any particular level of availability, although we may choose to do so.

6. Subscriptions and purchases

The App is free to download. Some features, longer sessions and the removal of ads require a paid auto-renewable subscription or a one-time purchase ("Premium"). The free version may be limited, for example by the length of a monitoring session, and may show ads.

• Payment. All purchases are made through Apple's App Store and are charged to your Apple ID. Apple, not us, processes payment and is responsible for billing.
• Auto-renewal. Subscriptions renew automatically at the end of each period (for example weekly, monthly or yearly, as shown at purchase) at the then-current price, unless auto-renewal is turned off at least 24 hours before the end of the current period. Your Apple ID is charged within 24 hours before the end of the current period.
• Managing and cancelling. You can manage or cancel a subscription in your Apple ID settings (Settings › your name › Subscriptions). Deleting the App does not cancel a subscription. Cancellation takes effect at the end of the current paid period; there are no refunds or credits for partial periods from us.
• Free trials. If a free trial is offered, it converts into a paid subscription unless cancelled at least 24 hours before it ends. Any unused part of a free trial is forfeited when you purchase a subscription.
• Refunds. Refunds are handled solely by Apple under its policies. Request one at reportaproblem.apple.com. We cannot issue refunds for App Store purchases.
• Prices and features. Prices are shown in the App before purchase and may change. We will give notice of price changes to existing subscribers as required by Apple and applicable law. The features included in Premium may change over time.
• Family and devices. Premium bought on one device may unlock features on a paired device as described in the App; this is a courtesy that we may change, and it does not give any additional licence.

If you are a consumer in the EU or UK, you agree that the digital content is supplied immediately after purchase and you acknowledge that you therefore lose your statutory right of withdrawal, to the extent the law allows.

7. Acceptable use and recording laws

You may use the Service only to monitor your own child or a person in your lawful care, in a place you are entitled to monitor, and only in compliance with all applicable laws. In particular, you must not use the Service to watch, listen to or record any person without their knowledge and any consent required by law, for covert surveillance, stalking or harassment, in places where people have a reasonable expectation of privacy, or for any unlawful, harmful or commercial purpose.

Laws on recording video and sound, and on monitoring employees such as nannies and babysitters, differ between countries and states. You are solely responsible for knowing and complying with them, including informing people who may be recorded and obtaining their consent where required. We do not monitor how you use the Service and accept no responsibility for your use of it.

8. Your content and data

Video, sound, clips, activity history and other content captured or created through the Service ("Your Content") belong to you. Your Content is stored on your devices and, if you enable it, in your private iCloud account, as described in the Privacy Policy. We do not host, back up or have access to it. You are solely responsible for Your Content, for keeping your own copies and for the security of your devices and Apple ID. To the maximum extent permitted by law, we are not responsible for any loss, corruption, deletion or unauthorised access to Your Content, however caused.

9. Third-party services and ads

The Service relies on and may display or link to services, software, content and advertisements provided by third parties, including Apple and Google. They are governed by their own terms and privacy policies. We do not control or endorse them and, to the maximum extent permitted by law, we are not responsible or liable for them, for their availability, or for any loss arising from your dealings with them, including with advertisers.

10. Intellectual property and feedback

The Service, including its software, design, text, graphics, sounds, the name Baboo and our logos, is owned by us or our licensors and protected by intellectual property laws. These Terms do not give you any right to use our trademarks. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose without obligation to you.

11. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available", with all faults and without warranty of any kind. We, our affiliates, licensors and suppliers expressly disclaim all warranties and conditions, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that alerts or detections will be accurate or delivered, that defects will be corrected, that the Service will be compatible with your devices or networks, or that it will meet your requirements. No advice or information, whether oral or written, obtained from us or through the Service creates any warranty not expressly stated in these Terms.

12. Limitation of liability

To the maximum extent permitted by applicable law, in no event will we, our affiliates, directors, employees, licensors or suppliers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or use, or for any personal injury, property damage or other harm, arising out of or in connection with the Service or these Terms – including any failure, delay or inaccuracy of video, sound, alerts, detection or other features, and any reliance on the Service to supervise a child – whether based on contract, tort (including negligence), strict liability or any other theory, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amount you paid us for the Service in the twelve (12) months before the event giving rise to the claim, and (b) ten euros (EUR 10).

These limitations apply even if a remedy fails of its essential purpose, and they form an essential basis of the bargain between you and us. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, such as liability for death or personal injury caused by our intentional misconduct or gross negligence, for fraud, or your mandatory rights as a consumer. In those cases, our liability is limited to the minimum extent permitted by that law.

13. Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless us, our affiliates, directors, employees and licensors from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or related to: your use or misuse of the Service; Your Content; your breach of these Terms; your violation of any law or of the rights of any third party, including privacy and recording laws; or any claim by a person you monitored or recorded using the Service.

14. Termination

These Terms apply until terminated. You may terminate them at any time by deleting the App from all your devices and ceasing to use the Service. We may suspend or terminate your access to the Service, or any part of it, at any time and without notice if we reasonably believe you have breached these Terms, if required by law, or if we discontinue the Service. On termination your licence ends and you must delete the App. Sections 2, 7, 8 and 10 to 19 survive termination. Termination does not entitle you to a refund except where required by law or by Apple's policies.

15. Changes to the App and these terms

We may update these Terms from time to time. The updated Terms take effect when published on this page with a new effective date. If a change is material, we will make reasonable efforts to give notice in the App or on this website. Your continued use of the Service after the changes take effect means you accept them. If you do not agree, you must stop using the Service and delete the App.

16. Governing law and disputes

These Terms and any dispute arising out of or in connection with them or the Service are governed by the laws of the Republic of Estonia, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. Subject to the next paragraph, the courts of Estonia, with Harju County Court (Harju Maakohus) as the court of first instance, have exclusive jurisdiction.

If you are a consumer, this choice of law does not deprive you of the protection of the mandatory laws of the country where you live, and you may also bring proceedings in the courts of that country where the law gives you that right. EU consumers may also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.

To the maximum extent permitted by applicable law, any claim must be brought within one (1) year after it arises, and claims may be brought only on an individual basis and not as a plaintiff or class member in any purported class, collective or representative proceeding. Where the law allows, you waive any right to a jury trial.

Before starting any proceedings, you agree to contact us at support@babymonitormobile.xyz and to try in good faith to resolve the dispute informally for at least 30 days.

17. Apple App Store terms

If you obtained the App from Apple's App Store, the following also applies and prevails over anything to the contrary in these Terms:

• Acknowledgement. These Terms are concluded between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.
• Scope of licence. Your licence is limited to using the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Maintenance and support. We are solely responsible for any maintenance and support of the App, to the extent we provide it or applicable law requires. Apple has no obligation to furnish any maintenance or support services for the App.
• Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are governed by these Terms.
• Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy or similar legislation.
• Intellectual property. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
• Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer contact. Questions, complaints or claims regarding the App should be sent to FlashSoft OÜ, Ruunaoja tn 3, Lasnamäe linnaosa, Tallinn, Harju maakond 11415, Estonia, support@babymonitormobile.xyz.
• Third-party terms. You must comply with applicable third-party terms of agreement when using the App, such as your wireless data service agreement.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

18. General

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service and supersede any prior agreements. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver of it. You may not assign or transfer these Terms without our prior written consent; we may assign them, including in connection with a merger, acquisition or sale of assets. We are not liable for any failure or delay caused by events beyond our reasonable control. Headings are for convenience only. These Terms are written in English; any translation is provided for convenience and the English version prevails in case of conflict.

19. Contact

FlashSoft OÜ
Registry code 16941816
Ruunaoja tn 3, Lasnamäe linnaosa, Tallinn, Harju maakond 11415, Estonia
Email: support@babymonitormobile.xyz