Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APPLICATION. BY ACCESSING OR USING THE ATTUNEMENT APPLICATION (THE "APP"), YOU AGREE TO BE BOUND BY THESE TERMS OF USE ("TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.

1. ACCEPTANCE OF TERMS

By downloading, installing, accessing, or using the Attunement App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. These Terms constitute a legally binding agreement between you ("User" or "you") and Attunement ("we," "us," or "our").

2. ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY

2.1 No Professional Advice

THE APP AND ALL CONTENT, TOOLS, LIFE HACKS, SUGGESTIONS, AND INFORMATION PROVIDED THROUGH THE APP ARE FOR ENTERTAINMENT AND GENERAL INFORMATIONAL PURPOSES ONLY. THE APP DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, THERAPEUTIC, OR PROFESSIONAL PARENTING ADVICE.

2.2 Not a Substitute for Professional Care

WE ARE NOT MEDICAL DOCTORS, LICENSED PSYCHOLOGISTS, LICENSED THERAPISTS, OR CERTIFIED CHILD DEVELOPMENT SPECIALISTS. THE CONTENT IN THE APP IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS SEEK THE ADVICE OF QUALIFIED HEALTHCARE PROVIDERS, CHILD PSYCHOLOGISTS, PEDIATRICIANS, OR OTHER APPROPRIATE PROFESSIONALS WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR CHILD'S HEALTH, BEHAVIOR, DEVELOPMENT, OR ANY MEDICAL OR PSYCHOLOGICAL CONDITION.

2.3 Emergency Situations

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR ACCESSED THROUGH THE APP. IF YOU THINK YOU OR YOUR CHILD MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, CALL 911, OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.

3. DISCLAIMER OF WARRANTIES

3.1 "AS IS" Basis

THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

3.2 No Guarantee of Accuracy

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR SUITABILITY OF ANY CONTENT, INFORMATION, TOOLS, OR SERVICES PROVIDED THROUGH THE APP.

3.3 User Responsibility

YOUR USE OF THE APP IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON INFORMATION OR SUGGESTIONS FROM THE APP. WE STRONGLY ENCOURAGE YOU TO VERIFY ANY INFORMATION WITH QUALIFIED PROFESSIONALS BEFORE TAKING ACTION.

4. LIMITATION OF LIABILITY

4.1 Maximum Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATTUNEMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP.

4.2 Liability Cap

IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US FOR ACCESS TO THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY FEES TO US, OUR TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

4.3 Exclusions

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

5. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Attunement, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation reasonable legal and accounting fees, arising out of or relating to: (a) your use or misuse of the App; (b) your violation of these Terms; (c) your violation of any rights of another party, including any users of the App; or (d) any decisions or actions you take based on information or suggestions from the App. Your indemnification obligation under this section shall be capped at the total amount you have paid to us for access to the App in the twelve (12) months preceding the event giving rise to the indemnification claim.

6. DISPUTE RESOLUTION

6.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the App (collectively, "Disputes") by contacting us and providing a detailed description of the Dispute. We will attempt to resolve the Dispute informally within thirty (30) days.

6.2 Binding Mediation

IF THE DISPUTE CANNOT BE RESOLVED INFORMALLY, YOU AND ATTUNEMENT AGREE THAT ANY AND ALL DISPUTES MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING MEDIATION. YOU AND ATTUNEMENT EXPRESSLY WAIVE ANY RIGHT TO FILE A LAWSUIT IN COURT, TO A TRIAL BY JURY, OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

6.3 Mediation Procedures

The mediation shall be conducted by a single mediator mutually agreed upon by both parties. If the parties cannot agree on a mediator within thirty (30) days, either party may request that a mediator be appointed by the American Arbitration Association (AAA) or a similar neutral mediation service. The mediation shall be conducted in accordance with the mediator's or mediation service's commercial mediation rules. The mediation shall take place in a mutually agreed upon location or virtually via video conference. Each party shall bear its own costs and fees associated with the mediation, and the parties shall share equally the mediator's fees and any administrative fees.

6.4 Confidentiality

All mediation proceedings, including any settlement discussions and agreements, shall be confidential. Neither party may disclose the existence, content, or results of any mediation without the prior written consent of both parties, except as required by law or to enforce a settlement agreement.

6.5 Exceptions to Mediation

Notwithstanding the foregoing, either party may seek equitable relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information.

7. USER CONDUCT AND ACCEPTABLE USE

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to: (a) use the App in any way that violates any applicable federal, state, local, or international law or regulation; (b) attempt to gain unauthorized access to any portion of the App or any systems or networks connected to the App; (c) interfere with or disrupt the App or servers or networks connected to the App; (d) upload or transmit viruses or any other malicious code; (e) use the App to harm minors in any way; or (f) use the App in any manner that could disable, overburden, damage, or impair the App.

8. INTELLECTUAL PROPERTY RIGHTS

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Attunement, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the App strictly in accordance with these Terms.

9. TERMINATION

We reserve the right to suspend or terminate your access to the App at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the App will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

10. MODIFICATIONS TO TERMS

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes by posting the new Terms on the App and updating the "Effective Date" at the top of these Terms. Your continued use of the App after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

11. PRIVACY POLICY

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information.

12. CHILDREN'S PRIVACY

The App is not intended for use by children under the age of 18. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on or through the App. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information.

13. THIRD-PARTY LINKS AND SERVICES

The App may contain links to third-party websites, services, or resources that are not owned or controlled by Attunement. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

14. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [Your County, State], and you hereby consent to the personal jurisdiction and venue therein.

15. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

16. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Attunement regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

17. CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us at:

Email: hello@dadandmeplaytime.com

Address: [Your Company Address]