1. Agreement to these Terms
These Terms of Service (“Terms”) are a binding legal agreement between you and Lunana Global Inc., a Delaware corporation (“Lunana,” “we,” “us,” or “our”). They govern your access to and use of the BabyRadar mobile application, any related software, websites, servers, APIs, documentation, and services we make available (collectively, the “Service”).
By installing, accessing, or using the Service, you agree to these Terms, our Privacy Policy, and our End-User License Agreement. If you do not agree, do not install or use the Service.
Section 15 (Dispute Resolution and Arbitration) contains a binding arbitration clause and a class-action waiver. They limit your rights to bring a dispute in court and to participate in class or representative actions. You may opt out of arbitration within 30 days of first accepting these Terms by following the procedure in Section 15.
2. The Service
BabyRadar lets you use one iPhone (the “Monitor”) as an audio-only room monitor, and pair one or more additional iPhones (each a “Viewer”) to listen in on demand and receive push notifications about sounds detected in the room. An on-device machine-learning model running on the Monitor classifies sounds into events such as baby voice, adult voice, impact, and ambient. When you tap to listen in, live audio is streamed from the Monitor to your Viewers through an encrypted relay operated by us or our service providers. Audio is not stored on our servers.
We may add, modify, remove, or limit features of the Service at any time. Some features require an active paid subscription.
3. Eligibility and accounts
You must be at least 18 years old and legally able to form a binding contract in your jurisdiction to use the Service. By using the Service you represent that (a) you meet these requirements, (b) you are the parent, legal guardian, or lawful head of household of the place where you install the Monitor and have the legal authority to place a microphone there, and (c) if you are creating an account on behalf of another person or household, you are authorized to bind them to these Terms.
You are responsible for safeguarding any account credentials, pairing codes, or authentication tokens the Service uses, and for all activity under your account. Notify us promptly at hello@babyradar.co if you suspect unauthorized use, including if you believe someone has paired their device to your Monitor without your permission.
4. Your duty to obtain recording consent
4.1 Federal Wiretap Act
The U.S. federal Wiretap Act (18 U.S.C. §§ 2510 through 2522) prohibits the interception of oral or electronic communications without the consent of at least one party to the communication. The Act defines “intercept” as the acquisition of the contents of a communication, regardless of whether the communication is later stored. Live listening through the Service is therefore an “interception” for purposes of the Act even though BabyRadar does not save audio. Unlawful interception is a federal crime punishable by up to five years in prison, and also creates a private civil right of action for statutory damages, punitive damages, and attorneys’ fees (18 U.S.C. § 2520).
4.2 State all-party-consent laws
Many states require the consent of every party whose voice may be intercepted or recorded. These states include, as of the last revision of these Terms: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, and Washington. Nevada and Hawaii have special rules that may require all-party consent in the fact pattern of a home-based audio monitor. Laws in your jurisdiction may change. The California Invasion of Privacy Act (Cal. Penal Code § 632) applies to any “confidential communication” where a party has a reasonable expectation of privacy, which includes conversations near a nursery in a private home. You must ensure that your use of BabyRadar complies with every all-party-consent rule applicable to you.
4.3 Everyone in audio range of the Monitor
Before the Monitor is active in a room, you will identify every person (other than you) who may be in the room or whose voice may otherwise be picked up by the microphone. For each such person, you will:
- tell that person clearly that an audio monitor is running in the room;
- tell them, if true, that the audio can be listened to in real time by one or more other adults outside the room;
- obtain their consent to be within audio range of the Monitor, and document that consent where your jurisdiction requires it; and
- deactivate the Monitor or move it out of audio range if they withdraw consent.
Categories of people to whom this obligation almost always applies include your spouse, partner, co-parent, or ex; any other adult member of the household; any nanny, babysitter, au pair, housekeeper, cleaner, cook, or other domestic worker; any grandparent, relative, friend, or houseguest; any tradesperson, delivery person, or contractor; any tenant or short-term renter; and any adult child or other adult resident of your home.
4.4 Non-U.S. users
If you use the Service outside the United States, comparable interception, privacy, and data-protection laws likely apply, for example the UK Investigatory Powers Act and Regulation of Investigatory Powers Act, the EU ePrivacy Directive and member-state implementing laws, Canadian Criminal Code section 184, the Australian Telecommunications (Interception and Access) Act, and similar statutes. You are solely responsible for compliance with every law that applies where you install the Monitor and every law that applies to each person whose voice is in range.
4.5 Your indemnity for unlawful interception
You agree to defend, indemnify, and hold Lunana harmless from any claim, demand, loss, damage, or expense arising out of or related to your use of the Service to capture, listen to, or share audio in violation of any law, regulation, or third-party right, including claims by any person whose voice was captured without their consent, and any claim arising out of a domestic, employment, tenancy, custody, or family-law dispute that involves audio captured by the Service. This indemnity is in addition to the general indemnity in Section 13 and survives termination of these Terms.
5. Prohibited uses and abuse
The following uses are strictly prohibited. Any of them may result in immediate suspension of your account, cooperation with law enforcement, and all legal remedies available to us and to any person you have harmed.
5.1 Surveilling another adult without consent
You will not use the Service:
- to intercept, listen to, transcribe, share, or archive the voice of a spouse, partner, co-parent, ex, roommate, or any other adult without their informed consent;
- to monitor a nanny, babysitter, caregiver, housekeeper, or other domestic worker without clearly disclosing in advance that the room contains an active audio monitor and that adults outside the room can listen in real time;
- to collect material for a domestic, custody, divorce, tenancy, immigration, or employment dispute, or to harass, stalk, or coerce any person;
- to surveil a tenant, a short-term rental guest, an Airbnb guest, or anyone in a hotel, hostel, or other accommodation;
- to surveil anyone in any commercial setting, including a daycare, preschool, clinical facility, workplace, place of worship, or public accommodation.
5.2 No hidden or covert use
You must not hide the Monitor iPhone (for example, inside a drawer, stuffed toy, ventilation grille, or other concealing object), and you must not conceal, disguise, or misrepresent the fact that an audio monitor is running in the room. You must not remove, deface, or bypass any in-app indicator that the Service is listening.
5.3 No use in bathrooms, bedrooms of others, or other private spaces
You must not place the Monitor in a bathroom, changing area, adult bedroom other than your own, or any other space in which an occupant has a heightened reasonable expectation of privacy, unless every occupant has expressly consented.
5.4 No use as a recorder of others for replay or distribution
The Service does not retain audio, but the Viewer iPhone can produce a real-time audible playback of the monitored room. You must not use another device to record, screen-capture, screenshot, screen-mirror, transcribe, or otherwise capture audio streamed to a Viewer, and you must not share, post, publish, or distribute any captured audio or transcript without the informed consent of every identifiable person whose voice appears in it.
5.5 Other prohibited conduct
You will not:
- use the Service in any way that violates any applicable law, regulation, or third-party right (including wiretap, eavesdropping, privacy, child-protection, consumer-protection, labor, housing, export-control, and anti-discrimination laws);
- use the Service for medical, clinical, life-safety, or life-support purposes, or in any hospital, NICU, clinic, or other care setting (see Section 6);
- resell, sublicense, lease, or otherwise commercially exploit the Service;
- reverse-engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service, except to the extent this restriction is prohibited by applicable law;
- interfere with or disrupt the Service, our servers, or any network connected to the Service, or attempt to access any part of the Service you are not authorized to access;
- use any automated system to access or scrape the Service;
- upload or transmit any material that infringes any third-party right or is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or sexually exploitative of minors.
5.6 If you believe you are being monitored without consent
If you have reason to believe that another person has paired a BabyRadar Monitor in a place where you have a reasonable expectation of privacy without your informed consent, please email us at hello@babyradar.co with the subject line “Abuse Report.” Describe what you know. We will investigate, preserve relevant records, and cooperate with law enforcement and court orders. Nothing in these Terms waives your right to contact law enforcement directly.
6. Not a medical device
The Service is a wellness and convenience product. It is not regulated or approved by the U.S. Food and Drug Administration, Health Canada, the UK MHRA, the EU under the Medical Devices Regulation, or any comparable regulator as a medical device. The Service does not and is not designed to:
- measure breathing, heart rate, or oxygen saturation;
- detect, prevent, or alert you to SIDS, sleep apnea, choking, seizures, fever, or any other medical event;
- diagnose the cause of a baby’s cry or any other sound;
- replace in-person adult supervision of an infant or child;
- substitute for professional medical, psychological, or pediatric advice;
- function reliably under conditions it is not designed for, such as a hospital, NICU, or other clinical setting.
BabyRadar may fail to detect a sound, misclassify a sound, fail to deliver a notification, or become unavailable at any time, including because of network failure, battery exhaustion, device failure, software bugs, or outages at Apple or our service providers. You should never rely on the Service as the sole means of knowing whether your child is safe. If you have any concern about your child’s health or safety, check on them directly and consult a qualified medical professional.
7. Children in the home
BabyRadar is made for use by parents and caregiving adults. The Service is not directed to children, and a child is not a “user.” You may not allow a child under 18 to create an account, purchase a subscription, or configure pairing. If you discover that a child has done so on your account, contact us and we will reset the account.
Because the Monitor will hear your baby’s voice, the Service necessarily processes information about your child. We have voluntarily designed the Service to minimize that processing, as described in Sections 3, 4, and 8 of our Privacy Policy. You remain responsible for supervising any other person’s access to your child through your account, including anyone you pair as a Viewer.
8. Subscriptions and billing
8.1 Plans, pricing, and how you pay
Certain features require a paid subscription. Current plans are US$19.99 per month or US$99.99 per year, in U.S. dollars and exclusive of applicable taxes. Subscriptions are sold through the Apple App Store using Apple’s in-app purchase system; payment is charged to your Apple ID. Prices shown inside the app at the time of purchase control if anything here differs. Your transaction is subject to Apple’s Apple Media Services Terms in addition to these Terms.
8.2 Trials, price changes, refunds
If we offer a free trial, we will disclose the trial length, the post-trial price, and how to cancel before the charge begins. We may change subscription prices after giving reasonable advance notice; continued use after the change takes effect is your agreement to the new price. Subscription fees are generally non-refundable. Refund requests are handled by Apple at reportaproblem.apple.com.
8.3 Your statutory consumer rights
Nothing in this Section limits rights you have under laws including the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600 through 17606), the U.S. Restore Online Shoppers’ Confidence Act, or comparable non-U.S. consumer protection laws. Where required by law, you may cancel by emailing hello@babyradar.co with “Cancel Subscription” in the subject line and we will process the cancellation within the statutorily required period.
9. License and intellectual property
Subject to these Terms and our End-User License Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the BabyRadar app on Apple-branded devices that you own or control, for your personal, non-commercial household use. All right, title, and interest in and to the Service (including all software, algorithms, models, user interfaces, trademarks, and content we provide) are owned by Lunana or our licensors and are protected by U.S. and international intellectual-property laws. Except for the limited license expressly granted, no rights are transferred to you.
10. Third-party services and links
The Service integrates with or links to third-party services, including Apple (for distribution, payments, and push notifications) and our hosting and analytics providers. We do not control and are not responsible for the availability, content, privacy practices, or other practices of third parties. Your use of a third-party service is subject to that party’s terms and privacy policy.
11. Disclaimer of warranties
The Service is provided on an “as is” and “as available” basis, with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, Lunana and its officers, directors, employees, agents, affiliates, licensors, and service providers disclaim all warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
Without limiting the foregoing, we do not warrant that the Service will be uninterrupted, timely, accurate, secure, or error-free; that notifications will be delivered in a timely manner or at all; that detections will be accurate or complete; or that any defects will be corrected. You acknowledge that audio monitoring depends on factors outside our control, including network quality, device hardware, battery state, Apple’s push-notification infrastructure, and the acoustic environment of the monitored room.
12. Limitation of liability
To the maximum extent permitted by applicable law, in no event will Lunana or its officers, directors, employees, agents, affiliates, licensors, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for lost profits, lost revenue, lost data, business interruption, personal injury, emotional distress, or loss of goodwill, arising out of or in connection with the Service or these Terms, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and whether or not we have been advised of the possibility of such damages.
In no event will our total aggregate liability to you for all claims arising out of or in connection with the Service or these Terms exceed the greater of (a) the amounts you paid us for the Service in the twelve (12) months immediately before the event giving rise to the liability, or (b) one hundred U.S. dollars ($100). The existence of more than one claim does not enlarge this limit.
Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent your jurisdiction does not permit them, the limitations in this Section will apply to you only to the maximum extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless Lunana and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any claim, demand, loss, damage, cost, liability, or expense (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service, (b) your breach of these Terms, (c) your violation of any law or the rights of any third party, including the recording-consent obligations in Section 4 and the prohibited-use obligations in Section 5, (d) any content you submit, or (e) any domestic, family, custody, employment, or tenancy dispute that involves audio captured by the Service. We may, at your expense, assume the exclusive defense and control of any matter subject to your indemnification; you agree to cooperate with our defense.
14. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service at any time, with or without cause or notice, including if we reasonably believe you have violated these Terms or applicable law, or if we receive credible information that you are using the Service to surveil a person without their consent. On termination, your license to use the Service ends immediately. Sections 4, 5, 6, 7, 9, 11, 12, 13, 15, 16, and 18 survive any termination of these Terms.
15. Dispute resolution and arbitration
Please read this Section carefully. It requires you and Lunana to resolve most disputes through individual binding arbitration and waives the right to sue in court or participate in class actions, except as stated below.
15.1 Informal resolution
Before filing any arbitration or lawsuit, you and Lunana agree to first try to resolve the dispute informally. Send a written notice to hello@babyradar.co with your name, contact information, a description of the dispute, and the relief sought. We will do the same. If the dispute is not resolved within sixty (60) days, either party may initiate arbitration.
15.2 Binding arbitration
Except for the carve-outs in Section 15.5, any dispute, controversy, or claim arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitrator (not any court) has exclusive authority to resolve any dispute about the scope, enforceability, or interpretation of this arbitration agreement, including whether a claim is subject to arbitration. The Federal Arbitration Act governs this Section. Arbitration will take place in the county where you reside unless the parties agree otherwise or the rules require a different location. Judgment on the award may be entered in any court of competent jurisdiction.
15.3 Class-action waiver
You and Lunana agree to bring claims against each other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of a representative or class proceeding. If this class-action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request will be severed from the arbitration and brought in a court of competent jurisdiction, but the remainder of this Section 15 will continue to apply.
15.4 Mass-arbitration protocol
If twenty-five (25) or more similar arbitration demands are filed against Lunana by or with the assistance of the same or coordinated counsel within a sixty (60) day period, the parties agree that such demands will be administered as a mass arbitration. An initial group of up to ten (10) bellwether cases (five selected by each side) will be arbitrated first, and the parties will use the results of those bellwethers and a mediator-led negotiation to attempt global resolution before any further demands are arbitrated. The limitations period for the remaining demands is tolled during this process.
15.5 Carve-outs
- Small-claims court. Either party may bring an individual action in small-claims court that meets the court’s jurisdictional limits, in lieu of arbitration.
- Sexual assault and sexual harassment. As required by the U.S. Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, any claim alleging conduct constituting a sexual-assault dispute or a sexual-harassment dispute is not subject to pre-dispute arbitration or a pre-dispute class-action waiver at your election.
- Intellectual-property injunctive relief. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual-property rights.
15.6 30-day right to opt out
You may opt out of this Section 15 by emailing hello@babyradar.co with the subject line “Arbitration Opt-Out” within thirty (30) days of first accepting these Terms or of our last material change to this Section. Include your name, postal address, email, and a clear statement that you wish to opt out. Opting out will not affect any other provision of these Terms.
15.7 Severability and savings
If any portion of this Section 15 is found unenforceable, that portion will be severed and the remainder will continue to apply. If Section 15.3 (Class-action waiver) is found unenforceable with respect to a particular claim, that claim (and only that claim) may proceed in court, but this Section 15 will otherwise remain in effect. If California Business and Professions Code Section 17600 et seq., California SB 82 (2026), or a similar law is held to prohibit or limit the application of any provision of this Section 15 to you, then to the extent of that prohibition or limitation, that provision will not apply to you, but the remainder of the Section will continue to apply.
16. Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 15. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 15, any action to enforce an arbitration award or that is otherwise permitted to proceed in court must be brought in the state or federal courts located in New Castle County, Delaware, and each party consents to personal jurisdiction and venue there. Nothing in this Section affects non-waivable rights you have under the laws of your state or country of residence.
17. Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will give reasonable notice, which may include posting the revised Terms with a new “Last updated” date, sending email to the address associated with your account, or displaying a notice within the Service. Changes take effect on the “Last updated” date. Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms. If you do not agree, stop using the Service.
18. General provisions
Entire agreement. These Terms, together with the Privacy Policy and the EULA, are the entire agreement between you and Lunana concerning the Service and supersede any prior or contemporaneous agreement on that subject.
Severability. If any provision is found unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, or sale of assets.
Notices. We may give notices by email, in-app message, or by posting on our website. You consent to receive notices electronically. Notices to us must be sent to hello@babyradar.co.
Force majeure. We are not liable for failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, network failures, or third-party outages.
Relationship. Nothing in these Terms creates any agency, partnership, employment, joint venture, or fiduciary relationship between you and Lunana.
Apple’s role. The Service is made available through the Apple App Store. Apple is not a party to these Terms and is not responsible for the Service. See the EULA for additional Apple-specific terms.
19. Contact us
Lunana Global Inc.
Email: hello@babyradar.co
Please include a subject line describing your request (“Terms of Service,” “Abuse Report,” “Cancel Subscription,” or similar).