These Terms of Use and End User License Agreement (the "Terms") form a binding agreement between you and Emouna LLC ("Emouna," "we," "us," or "our"), a Florida limited liability company, governing your download, installation, and use of Cribside Baby Monitor (the "App") and the website at monitor.babysleepcoach.app (the "Site"). By installing or using the App, or by tapping "I understand and agree" in the App, you accept these Terms in full. If you do not accept them, do not install or use the App.
Read Section 9 (Safety) and Section 16 (Limitation of Liability and Release) carefully. The App assists supervision; it does not replace it, and it must never be your only means of checking on a child. Those sections limit our liability and include a release of claims.
You must be at least 18 years old, or the age of legal majority where you live, and able to form a binding contract. If you accept these Terms on behalf of a household, family, employer, or other organization, you represent that you have authority to bind them, and "you" includes them.
The App presents a summary of the safety notice and these Terms on first launch and records your acceptance on your device. That acceptance evidences your agreement to the full text on this page.
"App" means Cribside Baby Monitor, including all its features, updates, and documentation. "Nursery device" means an Apple device you configure to capture video and audio. "Parent device" means an Apple device you configure to view and listen. "Household" means the set of devices you have paired using a pairing code generated by your own device. "Content" means the video, audio, snapshots, and event records produced by your use of the App.
Subject to these Terms and to your compliance with them, Emouna LLC grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the App on each Apple-branded device that you own or control, solely for your own personal, non-commercial monitoring within your household, and solely as permitted by the Apple Media Services Terms and Conditions and the Usage Rules therein.
Your unlock licenses your household rather than a single device: any device that joins your household using a pairing code generated by your own device is covered by that unlock for as long as it remains part of your household. This is a convenience for families and caregivers, not a right to distribute access beyond your household.
You may not, and may not permit anyone else to: copy (except as permitted by the Usage Rules), modify, adapt, translate, reverse engineer, decompile, or disassemble the App or attempt to derive its source code, except to the extent applicable law prohibits that restriction; rent, lease, lend, sell, sublicense, distribute, or commercially host the App or access to it; remove or alter any proprietary notices; circumvent, disable, or interfere with security, licensing, or pairing features; use the App to build a competing product; use automated means to access or extract from the App; or use the App in any commercial monitoring, childcare-facility, healthcare, security, surveillance, or workplace context without our prior written agreement.
The App is free to download and includes a three (3) day trial with full functionality, beginning when the trial is first started on a device. After the trial, continued monitoring requires a one-time, non-consumable in-app purchase processed by Apple ("Unlock"). Pricing is displayed in the App before purchase in your local currency and may vary by region and over time.
There is no subscription and no automatic charge. The trial does not convert into a paid plan by itself, and we never bill you on a recurring basis. If you do not purchase, the App stops monitoring and shows the purchase screen; your pairing and settings are preserved.
The Unlock is available to your Apple Family Sharing group where you have enabled it, and separately to every device that joins your household using a pairing code, at no additional charge. Pairing codes are short-lived, regenerate each session, and function only within range of the device that issued them; sharing a code with people outside your household is a breach of Section 4.
Restore Purchases is available in the App at any time and re-checks purchases associated with your Apple Account, including family-shared purchases.
All purchases are processed by Apple, and refunds are handled solely by Apple under the Apple Media Services Terms and Conditions. We cannot issue, approve, or deny refunds. To request one, use Apple's "Report a Problem" process or contact Apple Support. We will help you troubleshoot any problem that prompted the request — write to support@emouna.com.mx.
The App runs on your own devices, over your own network, and its performance depends entirely on them. You are responsible for providing and maintaining compatible Apple devices, sufficient battery or continuous power, adequate device storage and thermal headroom, an operating system version the App supports, and a functioning local network. Any cellular data, internet, or equipment costs are yours. We do not supply, monitor, guarantee, or control any part of your environment.
The App is a convenience tool that relays video and audio between two devices you control and raises best-effort alerts. It is not: a medical device; a health, breathing, heart-rate, or vital-signs monitor; a diagnostic tool; a security or intrusion system; an emergency service; a recording or evidence system; or a substitute for a person. It makes no medical claim of any kind and is not intended to diagnose, treat, cure, or prevent any disease or condition.
The App assists supervision. It does not replace it. Never rely on the App as your sole means of monitoring a child's safety, breathing, or health.
You acknowledge and accept each of the following:
If you have any concern about a child's health or safety, check on the child in person and contact your physician or emergency services. Never delay doing so because the App appears calm.
You agree to: test your setup before relying on it, and re-test after any change to devices, placement, network, or operating system; keep the nursery device powered, ventilated, and securely positioned; keep notification permissions, volume, and focus settings configured so alerts can actually reach you; keep the App and iOS updated; maintain in-person supervision appropriate to the child's age and needs; and ensure any other caregiver using the App understands these limitations.
You are solely responsible for complying with all laws that apply to monitoring, recording, transmitting, or listening to people, which vary significantly by country, state, and situation. You represent that you have all authority and consents required from every person who may be captured or heard, including other adults, caregivers, and household members. You will not use the App to monitor any person covertly or without lawful authority.
You will not use the App: for any unlawful, harassing, abusive, or invasive purpose; to violate anyone's privacy or publicity rights; to interfere with or disrupt networks or other users; to attempt unauthorized access to any device, network, or household; or in any manner that could disable, overburden, or impair the App.
The App, the Site, and all associated software, designs, interfaces, text, graphics, sounds, icons, and trademarks are owned by Emouna LLC or its licensors and are protected by intellectual property laws. These Terms grant a license, not a sale; all rights not expressly granted are reserved. You keep all rights to your Content, which never reaches us. Feedback you send us may be used freely, without obligation or compensation, and you grant us a perpetual, irrevocable, royalty-free license to do so.
We may release updates that add, change, or remove features, and may require an update for continued operation. We may discontinue the App, in whole or in part, at any time. We are not obligated to provide maintenance, support, or updates, and availability of the App through the App Store is controlled by Apple.
THE APP AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Emouna LLC AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT VIDEO, AUDIO, OR ALERTS WILL BE DELIVERED, DELIVERED PROMPTLY, OR DELIVERED AT ALL; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, CREATES ANY WARRANTY.
Some jurisdictions do not allow the exclusion of implied warranties, so some exclusions may not apply to you; in that case such warranties are limited to the shortest period permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Emouna LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS (THE "RELEASED PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR SLEEP, ARISING OUT OF OR RELATING TO THE APP, THE SITE, OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY, ILLNESS, HARM, DEATH, LOSS, OR DAMAGE ARISING OUT OF OR RELATING TO: INTERRUPTED, DELAYED, DEGRADED, MISSED, FAILED, OR ERRONEOUS VIDEO, AUDIO, DETECTION, OR ALERTS; DEVICE, BATTERY, POWER, NETWORK, OR OPERATING SYSTEM FAILURE; YOUR PLACEMENT, MOUNTING, OR CONFIGURATION OF ANY DEVICE, CABLE, OR ACCESSORY; ANY ACT OR OMISSION OF ANY CAREGIVER; OR ANY RELIANCE ON THE APP IN PLACE OF IN-PERSON SUPERVISION.
YOU KNOWINGLY AND VOLUNTARILY RELEASE, WAIVE, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, ACTIONS, AND CAUSES OF ACTION, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR USE OF THE APP, INCLUDING THOSE DESCRIBED ABOVE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS RELATING TO THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) FIVE US DOLLARS (US$5.00).
These limitations apply regardless of the form of action and are a fundamental basis of the bargain between us: we could not offer the App at this price, or at all, without them. Some jurisdictions do not allow certain limitations or the exclusion of liability for death or personal injury caused by negligence, fraud, or other liability that cannot lawfully be excluded; in those jurisdictions our liability is limited to the least extent permitted by law, and nothing in these Terms excludes liability that cannot lawfully be excluded.
You agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use or misuse of the App, your breach of these Terms, your violation of any law or of the rights of any third party (including consent and privacy rights under Section 11), or any injury or harm alleged to result from your reliance on the App.
These Terms apply from your first use of the App until terminated. The license terminates automatically and immediately if you breach any of its terms; you may terminate at any time by deleting the App from all your devices. We may suspend or terminate access for breach. Sections 4, 8, 9, 11, 13, and 15 through 22 survive termination.
You acknowledge that these Terms are between you and Emouna LLC only, and not with Apple Inc. ("Apple"). Emouna LLC — not Apple — is solely responsible for the App and its content. Apple has no obligation to furnish any maintenance or support services for the App. 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) to you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App. Emouna LLC is solely responsible for any product liability claims, claims that the App fails to conform to legal or regulatory requirements, claims arising under consumer protection or similar legislation, and any third-party claim that the App infringes intellectual property rights, in each case to the extent required by these Terms and applicable law. You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and are not listed on any US Government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.
These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to the paragraph below, you and Emouna LLC consent to the exclusive jurisdiction and venue of the state and federal courts located in Florida for any dispute not subject to informal resolution.
Informal resolution first. Before filing any claim, you agree to contact us at support@emouna.com.mx and give us sixty (60) days to resolve the matter in good faith. Most issues are resolved this way.
If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law grants you the protection of mandatory local consumer rules, nothing in this Section deprives you of the protection of those rules or of the right to bring proceedings in your local courts.
We may update these Terms. The updated version will be posted here with a new effective date, and material changes will be surfaced in the App, which will ask you to accept them again. Continued use after an update constitutes acceptance.
These Terms, together with the Privacy Policy, are the entire agreement between you and Emouna LLC regarding the App and supersede all prior understandings. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. These Terms create no third-party beneficiary rights except as stated in Section 19.
Emouna LLC
Support: support@emouna.com.mx
Company: emouna.com.mx