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 17 (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 17.
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. Wiretap Act (18 U.S.C. §§ 2510–2522) prohibits interception of oral or electronic communications without at-least-one-party consent. “Intercept” means acquisition regardless of later storage, so live listening counts as interception even though BabyRadar saves no audio. Unlawful interception is a federal crime (up to 5 years) and creates a private civil right of action with statutory and punitive damages and attorneys’ fees (18 U.S.C. § 2520).
4.2 State all-party-consent laws
Many states require every party’s consent, including (as of this revision): California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, and Washington. Nevada and Hawaii have rules that may apply to home audio monitors. The California Invasion of Privacy Act (Cal. Penal Code § 632) covers any “confidential communication” with reasonable expectation of privacy, which includes nursery conversations. Laws can change; compliance with every applicable all-party-consent rule is your responsibility.
4.3 Everyone in audio range of the Monitor
Before the Monitor is active, identify every person (other than you) who may be in audio range and (a) tell them clearly that an audio monitor is running and that audio can be listened to remotely; (b) obtain their consent and document it where required; (c) deactivate the Monitor or move it out of range if consent is withdrawn. This applies to partners, co-parents, exes, household members, nannies and other domestic workers, grandparents and houseguests, tradespeople and contractors, tenants and short-term renters, and adult children.
4.4 Non-U.S. users
Comparable interception, privacy, and data-protection laws likely apply outside the US (e.g., UK IPA/RIPA, EU ePrivacy Directive and member-state laws, Canadian Criminal Code § 184, Australian Telecommunications (Interception and Access) Act). Compliance with every law that applies where you install the Monitor and to each person in range is your responsibility.
4.5 Your indemnity for unlawful interception
You will defend, indemnify, and hold Lunana harmless from any claim arising out of unlawful capture, listening, or sharing of audio, including claims by any person whose voice was captured without consent and any domestic, employment, tenancy, custody, or family-law dispute involving such audio. This indemnity is in addition to Section 15 and survives termination.
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, transcribe, share, or archive the voice of any adult (partner, co-parent, ex, roommate, etc.) without their informed consent;
- to monitor a nanny, babysitter, caregiver, or other domestic worker without clearly disclosing in advance that the room is audio-monitored and remotely audible;
- to collect material for any domestic, custody, divorce, tenancy, immigration, or employment dispute, or to harass, stalk, or coerce any person;
- to surveil a tenant, short-term rental or hotel guest, or anyone in a daycare, preschool, clinical facility, workplace, place of worship, or public accommodation.
5.2 No hidden or covert use
Do not conceal the Monitor (inside drawers, toys, ventilation grilles, etc.), misrepresent that an audio monitor is running, or bypass any in-app indicator that the Service is listening.
5.3 No use in bathrooms or other heightened-privacy spaces
Do not place the Monitor in a bathroom, changing area, adult bedroom other than your own, or any other space with a heightened reasonable expectation of privacy, unless every occupant has expressly consented.
5.4 No re-recording or redistribution
Do not use another device to record, screen-capture, screen-mirror, transcribe, or otherwise capture audio streamed to a Viewer, and do not share or distribute captured audio or transcripts without the informed consent of every identifiable person heard.
5.5 Other prohibited conduct
You will not:
- violate any law (wiretap, eavesdropping, privacy, child-protection, consumer-protection, labor, housing, export-control, anti-discrimination) or any third-party right;
- use the Service for medical, clinical, life-safety, or life-support purposes or in any care setting (see Section 6);
- resell, sublicense, lease, reverse-engineer, decompile, disassemble, or scrape the Service (except where applicable law preserves a right to do so);
- interfere with the Service, attempt unauthorized access, or transmit unlawful, harmful, infringing, abusive, defamatory, obscene, or child-sexually-exploitative material.
5.6 If you believe you are being monitored without consent
Email hello@babyradar.co with subject “Abuse Report” and what you know. We will investigate, preserve records, and cooperate with law enforcement and court orders. Nothing here waives your right to contact law enforcement directly.
6. Not a medical device
The Service is a wellness product, not regulated or approved by the FDA, Health Canada, UK MHRA, or EU MDR. It does not measure breathing, heart rate, or oxygen; does not detect, prevent, or alert you to SIDS, sleep apnea, choking, seizures, fever, or any other medical event; does not replace in-person adult supervision; and is not designed for clinical settings (hospital, NICU, etc.).
BabyRadar may fail to detect, misclassify, or fail to deliver a notification at any time due to network, battery, device, or third-party outages. Never rely on the Service as the sole means of knowing whether your child is safe. If you have any concern, check on them directly and consult a qualified professional.
6.1 Express assumption of risk
You acknowledge that no consumer audio monitor — including BabyRadar — can prevent, detect, or alert you to SIDS, SUID, accidental suffocation, positional asphyxia, rebreathing, aspiration, choking, sleep apnea, respiratory or cardiac arrest, seizure, fever, hyperthermia, hypothermia, dehydration, or any other medical or sleep-related infant mortality or morbidity event. You assume the entire risk of using the Service as a supplement to (never a replacement for) direct adult supervision and medical care.
To the maximum extent permitted by law, you waive and release Lunana, its officers, directors, employees, agents, affiliates, licensors, and service providers from any claim (contract, tort including negligence, strict liability, product liability, statutory, or otherwise) for personal injury, illness, emotional distress, wrongful death, or other damages arising from (a) any failure or misclassification of a sound, (b) any unavailability of the Service, or (c) any reliance on the Service as a means of supervising any person.
Some jurisdictions do not permit waiver of gross negligence, wilful misconduct, or wrongful death. Where un-waivable, only the un-waivable portion is carved out; the remainder of this Section and the limits in Section 14 remain in full effect.
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.
Post-purchase acknowledgment and renewal reminders. Where required by the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600 et seq.) and analogous laws, we send a post-purchase email summarizing plan, renewal date, renewal price, and the cancellation path, and for annual subscriptions a renewal reminder 3–21 days before renewal. If you have not provided email, the same information appears in-app within that window. These messages are transactional and legally required.
One-click cancellation. Cancel through the Apple App Store subscription manager or by emailing hello@babyradar.co with “Cancel Subscription” in the subject; we will process within the statutory period (in California, immediately). Cancellation takes effect at the end of the current billing period; we do not pro-rate refunds unless required by law.
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.
9.5 Anti-circumvention (DMCA § 1201)
The app and its on-device ML models include technological measures controlling access to copyrighted work and to proprietary models. You will not circumvent, bypass, decrypt, modify, or tamper with those measures in violation of 17 U.S.C. § 1201 — including extracting, decompiling, or re-training the bundled classifiers — except to the extent expressly permitted by § 1201(f) (interoperability) or a current Library of Congress triennial exemption. Violations expose you to statutory damages of $200–$2,500 per act (criminal penalties under §§ 1203–1204 for wilful commercial violations).
10. Third-party services and links
The Service integrates with or links to third-party services, including Apple (for distribution, payments, and push notifications), Supabase (for event-metadata cloud sync), Google Cloud (for the live-listen relay), RevenueCat (for subscription management), and Meta (for install attribution). 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. The full sub-processor list is in Section 8 of our Privacy Policy.
11. DMCA designated agent
Notices of claimed copyright infringement under 17 U.S.C. § 512 should be sent to our DMCA agent below and must include all elements required by § 512(c)(3). Counter-notices follow § 512(g). We may forward a notice to the affected user, and may terminate repeat-infringer accounts.
DMCA Designated Agent:
Lunana Global Inc., Attn: DMCA Agent
555 Burrard Street
Vancouver, BC V7X 1M8, Canada
Email: hello+dmca@babyradar.co
12. Section 230 (relayed content)
Lunana is an “interactive computer service” within the meaning of 47 U.S.C. § 230(f)(2). When BabyRadar relays live-listen audio between your paired phones, the audio is “information provided by another information content provider” within the meaning of 47 U.S.C. § 230(c). To the maximum extent permitted by law, Lunana is not the publisher or speaker of any sound, voice, conversation, music, or other audio transmitted through the Service, and Lunana is immune from liability under 47 U.S.C. § 230 for any claim arising out of the content of such audio. This Section supplements (and does not replace) the other limitations and protections in these Terms.
13. 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.
14. 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. This exclusion applies in addition to (and not in derogation of) the express assumption of risk and release in Section 6.1.
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.
Gross-negligence and wilful-misconduct savings clause. Some jurisdictions do not allow the exclusion or limitation of liability for gross negligence, wilful misconduct, fraud, wrongful death, or personal injury caused by negligence. To the extent your jurisdiction does not permit any portion of the exclusions or limits above as applied to such a claim, only the un-waivable portion is carved out; the exclusions and limits otherwise remain in full effect, and apply to every other claim and to the maximum extent permitted by law. The carve-out for any one claim does not invalidate the limitations as applied to any other claim or any other clause of these Terms.
Allocation of risk. You acknowledge that the pricing and the availability of the Service reflect the allocation of risk reflected in these Terms (includingSection 6, this Section, and the indemnification in Section 15), and that we would not provide the Service to you on the same commercial terms without that allocation.
15. 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.
16. 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 (recording-consent), 5 (prohibited uses), 6 (not a medical device, including 6.1 assumption of risk), 7 (children), 9 (license & intellectual property, including 9.5 anti-circumvention), 11 (DMCA), 12 (Section 230), 13 (warranty disclaimer), 14 (limitation of liability), 15 (indemnification), 17 (dispute resolution), 18 (governing law), and 20 (general provisions) survive any termination of these Terms.
17. 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 17.5, 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 17 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 17 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 17 is found unenforceable, that portion will be severed and the remainder will continue to apply. If Section 17.3 (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 17 will otherwise remain in effect. If California Business and Professions Code Sections 17600 et seq. (the California Automatic Renewal Law) or a similar law — including any successor or amendment statute — is held to prohibit or limit the application of any provision of this Section 17 to you, then to the extent of that prohibition or limitation, the provision will not apply to you, but the remainder of the Section will continue to apply. The California Supreme Court’s public-injunctive-relief carve-out from pre-dispute arbitration (the so-called McGill rule, from McGill v. Citibank, 2 Cal. 5th 945 (2017)) is preserved with respect to California residents to the extent required by California law.
18. 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 17. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 17, 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.
19. 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.
20. 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.
21. Contact us
Lunana Global Inc.
555 Burrard Street
Vancouver, BC V7X 1M8
Canada
Email: hello@babyradar.co
DMCA notices: see Section 11
Privacy and DSAR requests: see Privacy Policy Section 22
Security disclosures: hello+security@babyradar.co
Please include a subject line describing your request (“Terms of Service,” “Abuse Report,” “Cancel Subscription,” or similar).