Terms & Conditions

1About Boobery

1. 1.1

   Boobery is a mobile application designed to provide a convenient way for parents and caregivers to record and review information relating to their baby’s or child’s routine.

   Features may include recording and reviewing:

   • breastfeeding sessions;
   • which breast was used;
   • bottles and expressed milk;
   • pumping sessions;
   • nappies;
   • sleep and naps;
   • feeding times;
   • quantities of expressed milk or other recorded amounts;
   • historical records; and
   • statistics and summaries based on information entered into the App.
2. 1.2

   Features may change over time as we develop and improve Boobery.

3. 1.3

   Boobery is intended as a record-keeping and organisational tool. It is not intended to provide medical, nursing, psychological, psychiatric or other healthcare services.

2Eligibility

1. 2.1

   Boobery is intended for adults who are parents, carers or otherwise responsible for caring for a baby or child.

   By purchasing, downloading or using Boobery, you confirm that you are at least 18 years old and legally capable of entering into these Terms.

2. 2.2

   You are responsible for ensuring that your use of Boobery complies with the laws applicable to you.

3. 2.3

   If you allow another person to use your device or access your records, you are responsible for ensuring that they understand and comply with these Terms.

3Important health information

1. 3.1

   Boobery is not a medical device, medical service, healthcare service, diagnostic tool or treatment service.

2. 3.2

   Nothing in Boobery should be interpreted as medical, nursing, nutritional, psychological or other professional healthcare advice.

3. 3.3

   Boobery should not be used to:

   • diagnose a medical condition;
   • determine whether a baby is receiving adequate nutrition;
   • determine whether a baby is gaining sufficient weight;
   • determine whether a baby is adequately hydrated;
   • determine whether a baby is developing appropriately;
   • determine whether a baby is ill or unwell;
   • determine whether medical attention is required;
   • replace advice from a healthcare professional; or
   • make decisions about treatment or healthcare solely on the basis of information displayed by the App.
4. 3.4

   Feeding patterns, sleep patterns, pumping volumes, nappies and other information can vary significantly between babies and families.

   A number, statistic, total or trend displayed by Boobery does not necessarily indicate that something is right or wrong medically.

5. 3.5

   If you have concerns about your baby’s health, feeding, hydration, weight, development, sleep or wellbeing, you should seek appropriate professional healthcare advice.

6. 3.6

   You should never delay, avoid or discontinue appropriate medical care because information recorded or displayed in Boobery appears reassuring or otherwise suggests that medical attention is unnecessary.

4Your wellbeing

1. 4.1

   We designed Boobery to make everyday life easier, not to create additional pressure.

   The early days and months of parenting can be wonderful, exhausting, overwhelming and unpredictable. Tracking can be useful for some people, but it is not helpful for everyone.

2. 4.2

   There is no perfect number of feeds, no perfect amount of sleep, no perfect pumping schedule and no single “right” way to parent.

   There is also no such thing as the perfect parent.

3. 4.3

   For some people, repeatedly checking, counting, logging, comparing or seeking reassurance from records can increase anxiety or distress.

   If using Boobery causes you stress, guilt, anxiety, compulsive checking or otherwise makes you feel worse, you should consider taking a break from tracking or stopping use of the App altogether.

   You do not need to justify stopping.

4. 4.4

   The postnatal period can also involve significant changes in mood and mental wellbeing. Conditions such as postnatal depression, anxiety and OCD can affect parents during this time, and some people may experience intrusive thoughts, overwhelming guilt, difficulty sleeping or feelings that they are unable to cope.

   These experiences can be frightening, but you do not have to deal with them alone.

5. 4.5

   Boobery is not designed to diagnose, treat, monitor or manage OCD, anxiety, depression or any other mental-health condition.

   The App cannot assess your mental health or determine whether you are experiencing a mental-health crisis.

6. 4.6

   If you are struggling with your mental health, please consider speaking to a healthcare professional, such as your GP, midwife or health visitor, or an appropriate mental-health service in your country.

   If you are in the UK or Republic of Ireland, you can contact Samaritans on 116 123.

   If you believe that you or someone else is in immediate danger, contact the emergency services in your location. In the UK, call 999 or attend an Accident & Emergency department.

   Our wellbeing page sets out these routes to support in more detail.

7. 4.7

   Boobery is not responsible for providing mental-health care, crisis intervention or emergency assistance.

   Nothing in these Terms prevents you from seeking appropriate professional help or affects any legal rights or protections that cannot lawfully be excluded.

5Accuracy of information and records

1. 5.1

   Boobery relies on information entered by you.

   We do not independently verify the information you record.

2. 5.2

   You are responsible for ensuring that information you enter is as accurate as reasonably possible.

3. 5.3

   The App may calculate totals, durations, statistics or other information based on your entries. While we aim for these calculations to operate correctly, you should not rely on them as medically authoritative information.

4. 5.4

   You should use your own judgement when interpreting records and seek professional advice where appropriate.

6Your use of Boobery

1. 6.1

   You agree to use Boobery only for lawful purposes and in accordance with these Terms.

2. 6.2

   You must not:

   • use Boobery for an unlawful purpose;
   • attempt to gain unauthorised access to the App or its systems;
   • interfere with or disrupt the operation of the App;
   • reverse engineer, decompile or disassemble the App except where permitted by law;
   • copy, reproduce, modify or redistribute the App except as permitted by these Terms or applicable law;
   • use Boobery to infringe another person’s rights; or
   • attempt to circumvent security or technical protections.
3. 6.3

   You are responsible for the device on which Boobery is installed and for maintaining appropriate security measures, including your device passcode where applicable.

7Licence to use Boobery

1. 7.1

   Subject to these Terms and your payment of the applicable purchase price, we grant you a limited, personal, non-transferable licence to use Boobery for your personal, non-commercial purposes.

2. 7.2

   This licence does not transfer ownership of Boobery to you.

3. 7.3

   You may install and use Boobery on devices that you are authorised to use, subject to Apple’s applicable terms and any applicable App Store rules.

4. 7.4

   We reserve all rights not expressly granted to you under these Terms.

8Intellectual property

1. 8.1

   All intellectual property rights in and to Boobery, including its software, source code, design, graphics, branding, logos, text, artwork, interfaces and underlying technology, belong to or are licensed to Weekend Ventures Ltd unless stated otherwise.

2. 8.2

   Nothing in these Terms transfers ownership of our intellectual property to you.

3. 8.3

   You must not use our branding, name, logos, artwork or other intellectual property without our prior written permission, except where such use is permitted by law.

9Information you enter into Boobery

1. 9.1

   You retain responsibility for information that you choose to enter into Boobery.

2. 9.2

   You are responsible for ensuring that you have the appropriate authority to record any information concerning another person.

3. 9.3

   We do not claim ownership of your personal records merely because you enter them into the App.

4. 9.4

   Our handling of personal information is governed by our Privacy Policy.

5. 9.5

   Partner Sharing

   Where the partner sharing feature is available, Boobery may allow you to share your Boobery log with an individual you choose using Apple iCloud (“Partner Sharing”).

6. 9.6

   Your choice and responsibility

   Partner Sharing is optional. You are responsible for deciding whether to use it, who to share information with and for providing any invitation or access only to the intended individual.

   You should only share information with someone you trust. You are responsible for ensuring that you have the appropriate authority to share any information that concerns another person, including your baby or child.

7. 9.7

   Apple iCloud

   Partner Sharing is provided through Apple iCloud and may be subject to Apple’s applicable terms, conditions and privacy policies.

   Weekend Ventures Ltd does not collect, receive, store or use for its own purposes the tracking information that you choose to share through Partner Sharing.

8. 9.8

   Ending access

   You may remove or end a partner’s access using the controls available in the App.

   Ending access should prevent further access through the Partner Sharing arrangement. However, it cannot remove or control information that the partner has already viewed, copied, downloaded, recorded, saved or otherwise retained before access was removed.

9. 9.9

   Third-party services and availability

   The availability and operation of Partner Sharing depend on Apple iCloud, your device, internet connectivity and other third-party services outside our reasonable control.

   To the fullest extent permitted by applicable law, Weekend Ventures Ltd is not responsible for the acts or omissions of a person with whom you choose to share information, or for third-party services that are outside our reasonable control.

10. 9.10

    Privacy

    Further information about how Partner Sharing operates, and how Weekend Ventures Ltd handles personal information, is set out in our Privacy Policy.

10App availability

1. 10.1

   We aim to keep Boobery available and functioning properly, but we cannot guarantee that the App will always be available, uninterrupted or error-free.

2. 10.2

   Boobery may occasionally be unavailable because of:

   • maintenance;
   • updates;
   • technical problems;
   • device or operating-system issues;
   • internet or network failures;
   • third-party service failures; or
   • circumstances outside our reasonable control.
3. 10.3

   We may modify, suspend or discontinue particular features where reasonably necessary to operate, maintain, improve or develop the App.

4. 10.4

   Nothing in this section limits your statutory rights concerning digital content.

11Updates and compatibility

1. 11.1

   We may release updates, improvements, security fixes or other changes to Boobery.

2. 11.2

   Some updates may be necessary for the App to continue functioning correctly or securely.

3. 11.3

   We cannot guarantee that Boobery will remain compatible indefinitely with every version of iOS, watchOS or every Apple device.

4. 11.4

   You are responsible for maintaining a compatible device and operating system, subject to your statutory rights.

12Your records and backups

1. 12.1

   You should not assume that information recorded in Boobery constitutes a permanent or guaranteed backup of your records.

2. 12.2

   Where technically possible, we may rely on device-level or Apple-provided backup functionality, but we do not guarantee that every record will always be recoverable following deletion, device failure, software failure, loss of a device or other event.

3. 12.3

   You are responsible for maintaining any additional backups that you consider necessary.

4. 12.4

   You should not rely exclusively on Boobery for records that you need to retain for medical, legal, financial or other important purposes.

13Third-party services

1. 13.1

   Boobery may rely on services or technologies provided by third parties, including Apple and the operating systems on which the App operates.

2. 13.2

   Your use of third-party services may be subject to the third party’s own terms and policies.

3. 13.3

   We are not responsible for third-party services that are outside our reasonable control.

14Apple App Store

1. 14.1

   Boobery is distributed through the Apple App Store.

2. 14.2

   Your use of Boobery on an Apple device is also subject to Apple’s applicable terms and conditions, including the applicable App Store terms.

3. 14.3

   Apple’s role

   These Terms are between you and Weekend Ventures Ltd, not Apple. Weekend Ventures Ltd, not Apple, is responsible for Boobery and its content.

4. 14.4

   Maintenance and support

   Weekend Ventures Ltd is responsible for providing maintenance and support for Boobery, to the extent required by applicable law.

   Apple has no obligation to provide maintenance or support services for Boobery.

   If you have a question, complaint or support request concerning Boobery, please contact Weekend Ventures Ltd using the contact details in section 29.

5. 14.5

   Warranty

   To the extent that any warranty applies to Boobery and is not effectively disclaimed under applicable law, Weekend Ventures Ltd is solely responsible for that warranty.

   If Boobery fails to conform to an applicable warranty, you may notify Apple. Apple may refund the purchase price paid for Boobery, where applicable. To the maximum extent permitted by applicable law, Apple has no other warranty obligation in relation to Boobery, and Weekend Ventures Ltd is responsible for any other claim, loss, liability, damage, cost or expense arising from a failure to conform to an applicable warranty.

6. 14.6

   Legal compliance

   By downloading or using Boobery, you confirm that you are not located in a country or region that is subject to a United States Government embargo or designated by the United States Government as supporting terrorism, and that you are not listed on any United States Government list of prohibited or restricted parties.

7. 14.7

   Product claims

   Weekend Ventures Ltd, not Apple, is responsible for addressing any claim by you or a third party relating to Boobery or your possession or use of it. This includes product-liability claims, claims that Boobery does not comply with an applicable legal or regulatory requirement, and claims arising under consumer-protection, privacy or similar legislation.

   Nothing in these Terms limits Weekend Ventures Ltd’s liability beyond what applicable law permits.

8. 14.8

   Intellectual-property claims

   If a third party claims that Boobery, or your possession or use of Boobery, infringes that third party’s intellectual-property rights, Weekend Ventures Ltd, not Apple, will be responsible for investigating, defending, settling and discharging that claim.

9. 14.9

   Third-party terms

   When using Boobery, you must comply with any applicable third-party terms of agreement, including Apple’s applicable App Store and iCloud terms.

10. 14.10

    Third-party beneficiary

    You and Weekend Ventures Ltd acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right to enforce the provisions of these Terms that apply to it as a third-party beneficiary.

11. 14.11

    Priority

    If any provision of these Terms conflicts with a mandatory provision of Apple’s applicable terms or applicable law, that mandatory provision will take precedence to the extent of the conflict.

15Purchases, payment and refunds

1. 15.1

   One-off purchase

   Boobery is currently offered as a one-off paid application through the Apple App Store.

   Boobery does not currently offer subscriptions or in-app purchases.

2. 15.2

   Price

   The purchase price displayed on the Apple App Store at the time of purchase applies to your purchase.

   The price may vary depending on your country or region and may be subject to applicable taxes, currency conversion or other charges applied by Apple.

3. 15.3

   Payment

   Payment for Boobery is processed through Apple’s App Store payment system.

   Weekend Ventures Ltd does not ordinarily receive or process your payment-card details for your App Store purchase.

4. 15.4

   Refunds

   Requests for refunds may be handled by Apple in accordance with Apple’s applicable policies and procedures.

   However, nothing in these Terms removes or limits any statutory rights you may have against Weekend Ventures Ltd.

5. 15.5

   No waiver of consumer rights

   Nothing in these Terms is intended to exclude, restrict or waive any consumer right that cannot lawfully be excluded, restricted or waived.

16Consumer rights and digital content

1. 16.1

   Nothing in these Terms affects your statutory rights.

2. 16.2

   If Boobery does not meet applicable legal requirements, you may have rights and remedies under the law applicable to your purchase.

3. 16.3

   Nothing in these Terms is intended to reduce the rights you have under mandatory consumer protection laws in the country where you live.

17Our responsibility to you

1. 17.1

   We will provide Boobery in accordance with applicable law and statutory consumer rights, including applicable legal rights relating to digital content.

2. 17.2

   We take reasonable care in developing and maintaining Boobery, but we cannot guarantee that:

   • the App will always be available;
   • the App will always be completely error-free;
   • every feature will always work on every compatible device;
   • the information displayed by the App will be suitable for your particular circumstances; or
   • the App will meet every individual preference or requirement.
3. 17.3

   Boobery is not intended to provide medical, nursing, psychological or mental-health care.

4. 17.4

   You remain responsible for making appropriate healthcare decisions and obtaining professional advice where necessary.

18Limitation of liability

1. 18.1

   Nothing in these Terms excludes or limits any liability that cannot legally be excluded or limited.

2. 18.2

   This includes, where applicable, liability for:

   • death or personal injury caused by our negligence;
   • fraud or fraudulent misrepresentation;
   • breach of your statutory consumer rights; or
   • any other liability that applicable law does not permit us to exclude or limit.
3. 18.3

   Subject to section 18.2, we are not responsible for losses that:

   • were not reasonably foreseeable when you entered into the contract;
   • were not caused by our breach of these Terms; or
   • arise from your misuse of the App or use contrary to these Terms.
4. 18.4

   Nothing in these Terms means that you give up rights that you have under mandatory consumer protection legislation.

5. 18.5

   To the fullest extent permitted by applicable law, you acknowledge that Boobery is a record-keeping tool and should not be relied upon as a substitute for professional healthcare advice or emergency assistance.

19No healthcare relationship

1. 19.1

   Your use of Boobery does not create a doctor-patient, nurse-patient, therapist-client or other healthcare professional relationship between you and Weekend Ventures Ltd.

2. 19.2

   We do not provide diagnosis, treatment, clinical assessment, medical monitoring or emergency support through Boobery.

3. 19.3

   Any information displayed by Boobery is provided for general record-keeping and organisational purposes.

4. 19.4

   You should contact an appropriate healthcare professional if you have concerns about yourself or your baby.

20Changes to these Terms

1. 20.1

   We may update these Terms from time to time, for example where:

   • Boobery changes;
   • legal or regulatory requirements change;
   • we introduce new features; or
   • clarification is reasonably necessary.
2. 20.2

   The latest version of these Terms will be made available through an appropriate Boobery or Weekend Ventures website or other relevant location.

3. 20.3

   If a change materially affects your rights, we will take reasonable steps to notify you where required by law.

4. 20.4

   Changes will not remove or reduce statutory rights that apply to you.

21Suspension or termination

1. 21.1

   Your licence to use Boobery may end if you materially breach these Terms.

2. 21.2

   We may suspend or discontinue Boobery where reasonably necessary, including for legal, security, technical or operational reasons.

3. 21.3

   If we permanently discontinue Boobery, we will comply with any applicable legal obligations concerning purchases and digital content.

4. 21.4

   Ending your use of Boobery does not affect rights or obligations that arose before termination.

22Privacy

1. 22.1

   Our collection and handling of personal information is explained in our Privacy Policy.

2. 22.2

   You should read our Privacy Policy before using Boobery.

3. 22.3

   Our Privacy Policy forms part of the information governing your use of Boobery, but nothing in it overrides your statutory rights.

23Complaints and contact

1. 23.1

   If you have a question, complaint or concern about Boobery, please contact us using the details below.

   Weekend Ventures Ltd

   Company number: 17437620

   Registered office: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom

   hello@boobery.app

2. 23.2

   We will aim to respond to complaints within a reasonable period.

3. 23.3

   If you are a consumer, you retain any rights available to you under applicable consumer protection law.

24Events outside our reasonable control

1. 24.1

   We will not be responsible for failure or delay in performing our obligations where that failure or delay is caused by circumstances outside our reasonable control.

2. 24.2

   This may include events such as:

   • natural disasters;
   • major network or internet failures;
   • widespread technology failures;
   • cyberattacks or security incidents outside our reasonable control;
   • government action;
   • war or civil unrest;
   • industrial disputes;
   • significant failures of third-party infrastructure; or
   • other events that could not reasonably have been prevented or anticipated.
3. 24.3

   This section does not affect your statutory consumer rights.

25Severability

1. 25.1

   If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it lawful and enforceable where possible.

2. 25.2

   If it cannot be made lawful or enforceable, it will be removed to the extent necessary.

3. 25.3

   The remaining provisions will continue to apply.

26No waiver

1. 26.1

   If we do not immediately enforce a provision of these Terms, this does not mean that we waive our right to enforce it later.

27Entire agreement

1. 27.1

   These Terms, together with any applicable Privacy Policy and other documents expressly incorporated into them, form the agreement between you and Weekend Ventures Ltd concerning your use of Boobery.

2. 27.2

   Nothing in this section limits or excludes any liability or consumer right that cannot legally be limited or excluded.

28Governing law and jurisdiction

1. 28.1

   These Terms are governed by the laws of England and Wales.

2. 28.2

   If you are a consumer, you will also benefit from any mandatory consumer protection rights provided by the law of the country in which you live that cannot lawfully be excluded by agreement.

3. 28.3

   Subject to section 28.2, the courts of England and Wales will have jurisdiction over disputes arising from these Terms.

29Contact details