Welcome to Huckleberry Labs, Inc. (“Huckleberry,” “we,” “us,” or “our”). We have developed software and personal services that aim to increase or improve your child’s wellness (including but not limited to helping children sleep better and longer). Huckleberry websites, including www.huckleberrycare.com, www.huckleberry-labs.com and www.huckleberrysleep.com, and our applications on the web, mobile phones, or tablets are copyrighted materials belonging to Huckleberry. The website, the applications and as well as any personal services provided by Huckleberry, its affiliates, agents or third party service provider partners are referred to collectively as the “Products” in this document.
1. Account. In order to access and use our Products, you must have an account (“Account”) that contains certain information about you. You represent and warrant that (a) all required information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions in the Product or contacting us at email@example.com. We may suspend or terminate your Account in accordance with Section 18 (Termination). You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
A. We provide access to certain features in our Products on a paid basis (each, a “Paid Offering”). Upon using any Paid Offering, you will be responsible for the payment of the applicable fees as described in our Products. You acknowledge that we reserve the right to change our fees from time to time in our discretion. We will notify you of such changes by posting a notice on our Products or sending you an email notice to the email address you provided for your Account. You hereby authorize us to bill your credit card or other payment method as described in this Section.
B. Free Trial. We may offer a free trial of the Paid Offerings, the duration of which may change from time to time. You will not be charged for the Paid Offerings during the trial period nor will we collect your payment information or start a subscription for you automatically after your free trial period ends without consent. Unless communicated otherwise, free trials are only available to new users of Huckleberry and you may receive your free trial offer only once. Once the trial period ends, you can continue to use the Products for free but will no longer have access to the Paid Offerings unless you pay for the products. If you subscribe to a Paid Offering before your free trial period ends, your subscription will start immediately and your free trial will end.
3. You are responsible for paying all fees and applicable taxes associated with our Paid Offerings in a timely manner with a valid payment method. If your payment method fails or any amounts owed to Huckleberry are past due, we may collect fees owed using other collection mechanisms (including retaining collection agencies and legal counsel) or suspend your Account and/or access to any or all (whether or not a Paid Offering) Products. For Paid Offerings that are paid with a recurring subscription, all subscriptions automatically renew upon the expiration of the then-current subscription period, unless canceled earlier, which you may do by contacting us as set forth in Section 24 (Contact Information) below. We will automatically bill your credit card or other payment method on the date that your subscription to the applicable Paid Offering begins, and each date thereafter on which a successive subscription period begins, until you cancel your subscription to that Paid Offering. If we change our subscription fees, any such change will not apply until your next subscription period.
5. Proprietary Rights
B. Product Data; Ownership; and License. The information that is created when you sign up to use our Products or in fact use our Products; for example, data regarding your child’s sleep, information you provide to us in questionnaires or data generated by your use of or progress in the Products (collectively, “Product Data”); is owned by Huckleberry and its licensors.
C. Feedback; Ownership; and License. If you provide any comments, testimonials, feedback or suggestions to Huckleberry regarding the Products, or any of Huckleberry’s services (collectively, “Feedback”), Huckleberry may use such Feedback for any purpose. So that we may incorporate such Feedback into Huckleberry’s Products and/or Huckleberry’s services, Huckleberry alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback, and in consideration for your use of the Products and Site Content, you hereby assign such Feedback to Huckleberry free of charge.
D. User Content; Ownership; and License. User Content refers to any publicly available content that you submit to us, such as a profile photo or comments in the community. User Content does not include Product Data. We do not claim ownership in any of your User Content. You hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, perform, display, transmit, distribute, create derivative works of, and otherwise use your User Content in connection with providing our Products. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You should only upload your User Content to our Products (a) for which you are willing to grant the licenses described above and (b) for which you have sufficient rights to grant the licenses described above.
B. Scope of License: The license granted to you for the Products is limited to a non-transferable license to use the Products on an iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
D. Warranty: Huckleberry is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Products to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Products to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Products, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Huckleberry's sole responsibility.
F. Intellectual Property Rights: Huckleberry and you acknowledge that, in the event of any third party claim that the Products or your possession and use of the Products infringes that third party's intellectual property rights, as between Huckleberry and Apple, Huckleberry, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
G. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
H. Developer Name and Address: Huckleberry's contact information for any end-user questions, complaints or claims with respect to the Products is set forth in 26 (Contact Information).
I. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the Products.
7. Acceptable Use and Conduct. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You agree that you will use the Products in a manner consistent with any and all applicable laws and regulations.
A. Prohibited Content. You agree that you will not post, exchange, make available, provide, or process any Prohibited Content on the Products. “Prohibited Content” means content that: (a) we believe, in our sole discretion, is objectionable, offensive, harmful (i.e., computer viruses) or unlawful or content that may cause harm to us, our Products and other users, directly or indirectly.
D. No Disruption. You will not: (a) cover or obscure any advertisements on any web page that is part of our Products via HTML/CSS, scripting, or any other means; (b) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (c) interfere with, disrupt, or create an undue burden on servers or networks connected to the Products or violate the regulations, policies or procedures of such networks; (d) attempt to gain unauthorized access to the Products or other computer systems or networks connected to or used together with the Products, through password mining or other means; (e) harass or interfere with another user’s use and enjoyment of the Products; or (f) introduce software or automated agents or scripts to the Products so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Products.
8. Public Areas and Group Areas. “Public Areas" are those areas of our Products such as chat rooms or forums, message boards, bulletin boards, news groups, and pages that include testimonials, to which you may send communications that are publicly available to anyone who may have access to that public area. A "Group Area" is an area of our Products that may be accessed only by the invited members of a group who are logged into their Accounts. A “Friend Network” is the social network made up of you and your “friends” who use the Products. You should be careful about your communications in Public Areas because these communications disclose to the public your Account username and any personally identifiable information you choose to disclose. Similarly, you should be careful about your communications in Group Areas because these communications disclose to the other members of the group your Account username and any personally identifiable information you choose to disclose. You should also be careful about whom you include as part of your Friend Network because they will have access to certain aspects of your user profile, including your Account username, certain of your activities and achievements on the Products, and any content you post to your Friend Network, including any personally identifiable information you choose to disclose. Any information you include in any public profile, such as your message board profile, is also available to others. You (and not Huckleberry) are solely responsible for your communications and the consequences of posting these communications to any Public Area, Group Area, and/or Friend Network.
9. Third Party Sites; Other Users and Third Party Referrals
B. Other Users. Each user of the Products is solely responsible for any and all of his or her User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of our Products are solely between you and such user. You agree that Huckleberry will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.
C. Third Party Referrals. We may provide referrals to you of third party services that we believe may be beneficial to you or your child (“Third Party Referrals”). Third Party Referrals are not under our control and, therefore, we are not responsible for any services they may provide. Huckleberry provides these referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Referrals. If you decide to contact or work with any Third Party Referral, you do this entirely at your own risk.
D. Release. You hereby release and forever discharge us (and our officers, directors, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users of our Products, Third Party Sites or Third Party Referrals. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10. No Medical Advice. The Products, Site Content, User Content, and your Product Data are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment. You should seek the advice of a physician or other qualified health provider with whom you have such a relationship if you have questions regarding any medical condition or if you or your child are experiencing any symptoms of or believe you may have any medical condition, regardless of any information contained within the Products, Site Content, User Content, or your Product Data. You should not ignore professional medical advice or delay in seeking it because of any information contained within the Products, Site Content, User Content, or your Product Data. Furthermore, you should not interpret any information contained within the Products, Site Content, User Content, or your Product Data as recommending any specific treatment plan, product or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified health provider. If you believe you or your child are experiencing any negative effects or illness from using the Products, you should immediately stop such use and contact your physician or other qualified health provider as well as Huckleberry at the address specified below. We do not guarantee the accuracy, completeness or timeliness of any information contained within the Products, Site Content, User Content, or your Product Data.
11. Backups. We are not obligated to back up any of your User Content or your Product Data. You are solely responsible for creating backup copies of and replacing any of your User Content that you post or store on our Products.
12. Copyright Policy. Huckleberry respects the intellectual property of others and asks that users of our Products do the same. In connection with our Products, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Products who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Products, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
A. your physical or electronic signature;
B. identification of the copyrighted work(s) that you claim to have been infringed;
C. identification of the material on our Products that you claim is infringing and that you request us to remove;
D. sufficient information to permit us to locate such material;
E. your address, telephone number, and email address;
F. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
G. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
H. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Huckleberry is: Jessica Toh
Huckleberry Labs, Inc. 15615 Alton Parkway, Suite 450
Irvine, California 92618 United States of America
13. Trademarks. All trademarks, logos and service marks (collectively, “Marks”) displayed on the Products are Huckleberry’s property or the property of other third parties. You are not permitted to use these Marks without Huckleberry’s prior written consent or the consent of the third party that owns the Marks.
15. WARRANTY DISCLAIMER. HUCKLEBERRY IS PROVIDING THE PRODUCTS AND ANY SERVICES PROVIDED BY HUCKLEBERRY HEREUNDER ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR USE AT YOUR OWN RISK. HUCKLEBERRY (AND ITS SUPPLIERS) DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. HUCKLEBERRY DOES NOT PROMISE, GUARANTEE OR WARRANT ANY SPECIFIC RESULTS FROM YOUR USE OF THE PRODUCTS. HUCKLEBERRY (AND ITS SUPPLIERS) DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THAT THE PRODUCTS OR ANY SERVICES PROVIDED BY HUCKLEBERRY HEREUNDER WILL BE PROVIDED FREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED, OR ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED. THE SITE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER HUCKLEBERRY NOR ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE SITE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR OR YOUR CHILD’S UNIQUE FACTS.
17. Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so those specific limitations that are not allowed in Sections 14 (Warranty Disclaimer) and/or 15 (Limitation of Liability) above, as applicable, may not apply to you. The duration of any such warranty that may not be excluded is limited to a period of thirty (30) days after your first use of our Products, or, if such limitation on duration is not permitted under applicable law, to the minimum period permitted under applicable law.
21. Intended Audience. Our Products are maintained by Huckleberry from its offices within the United States. Huckleberry makes no representation that materials in our Products are appropriate or available for use in other locations. Those who choose to access our Products from other locations do so on their own initiative and are responsible for compliance with local or national laws, as applicable. The software, technology and other information from our Products are further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology or other information from our Products may be downloaded or otherwise exported or re-exported to any person or entity on theU.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By accessing or using any software, technology or other information from our Products in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.
Updated: October 26, 2022