Terms of Service

Effective Date: 26th September 2024

1. Acceptance of Terms

By accessing or using the Modern Parent application ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service. We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms within the Service or notifying you via email. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

2. Use of the Service

You agree to use the Service for personal, non-commercial, and lawful purposes only. You are responsible for all activities conducted through your account. You agree not to:

  • Use the Service for any illegal or unauthorized purpose.

  • Modify, adapt, hack, or reverse engineer the Service.

  • Transmit any worms, viruses, malware, or any code of a destructive nature.

  • Violate any applicable laws or regulations in your jurisdiction.

  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others.

Unauthorized use of the Service may result in termination of your access and may lead to civil or criminal liability.

3. User Account

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately at modernparentapp@gmail.com of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to protect your account information.

4. Privacy

Our Privacy Policy explains how we collect, use, and disclose your personal information. By using the Service, you consent to the collection and use of your information as outlined in the Privacy Policy.

5. Intellectual Property Rights

All content, features, and functionality available through the Service—including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, and software—are the property of Modern Parent or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for personal, non-commercial purposes. You agree not to:

  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without our prior written consent.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials.

6. User Content and Interactions

The Service may allow you to submit, store, or transmit content, including but not limited to text, images, and other materials ("User Content"). You retain ownership of any intellectual property rights that you hold in the User Content.

By submitting User Content, you grant Modern Parent a worldwide, non-exclusive, royalty-free license to use, process, and transmit your User Content solely for the purpose of providing the Service to you. This includes transmitting your User Content to our third-party service providers (such as OpenAI) solely for processing as needed to provide the Service.

You acknowledge that:

  • The Service may generate responses based on User Content and interactions.

  • The content and information provided by the Service are generated algorithmically and may not be accurate, reliable, or complete.

  • The Service does not provide professional advice (medical, legal, financial, or other).

  • You should not rely solely on the Service for critical decisions.

7. Disclaimer of Professional Advice

The content provided by Modern Parent is intended for informational purposes only and is not a substitute for professional advice.

  • No Professional Relationship: Your use of the Service does not establish a professional-client relationship between you and Modern Parent.

  • Not Medical or Legal Advice: The Service does not offer medical, legal, psychological, or other professional advice.

  • Use at Your Own Risk: Any actions you take based on the information provided are at your own discretion and risk.

  • Consult Professionals: Always seek the advice of qualified professionals with any questions or concerns you may have regarding parenting or other matters.

8. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, Modern Parent disclaims all warranties of any kind, whether express or implied, including but not limited to:

  • Fitness for a particular purpose.

  • Merchantability.

  • Non-infringement.

  • Accuracy or reliability of the Service's content.

We do not warrant that:

  • The Service will meet your specific requirements.

  • The Service will be uninterrupted, timely, secure, or error-free.

  • Any information obtained through the Service will be accurate or reliable.

  • Any defects or errors will be corrected.

9. Limitation of Liability

To the maximum extent permitted by law, in no event shall Modern Parent, its affiliates, licensors, service providers, or their respective officers, directors, employees, agents, or suppliers—including OpenAI—be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

  • Loss of profits.

  • Loss of data.

  • Loss of goodwill.

  • Service interruption.

  • Computer damage or system failure.

  • Any other intangible losses.

Arising out of or related to:

  • Your use or inability to use the Service.

  • Any conduct or content of any third party on the Service.

  • Any content obtained from the Service.

  • Unauthorized access, use, or alteration of your transmissions or content.

In no event will Modern Parent's total liability to you for all damages exceed the amount of fifty New Zealand dollars (NZD $50).

10. Indemnification

You agree to indemnify, defend, and hold harmless Modern Parent, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers—including OpenAI—from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms.

  • Your use of the Service.

  • Your User Content.

  • Your violation of any rights of another.

11. Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by Modern Parent. We have no control over and assume no responsibility for:

  • The content, privacy policies, or practices of any third-party websites or services.

  • Any loss or damage that may arise from your use of them.

Accessing any third-party websites or services is at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

12. Termination

We reserve the right, at our sole discretion, to suspend or terminate your access to the Service at any time, without notice, for any reason, including but not limited to a breach of these Terms.

Upon termination:

  • Your right to use the Service will cease immediately.

  • All provisions of the Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

You agree to submit to the exclusive jurisdiction of the courts located in New Zealand to resolve any legal matter arising from these Terms or your use of the Service.

14. Changes to the Terms

We may revise these Terms from time to time. The most current version will always be posted within the Service or available upon request. If a revision materially affects your rights, we will notify you via the Service or email.

By continuing to access or use the Service after revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the new Terms, you must stop using the Service.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

16. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Modern Parent regarding the Service and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, regarding the Service.

17. Waiver

No waiver by Modern Parent of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

18. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us at:

  • Email: modernparentapp@gmail.com

  • Address: Modern Parent Apps, [Insert Physical Address], New Zealand

  • Phone: [Insert Phone Number, if applicable]