Terms & Conditions

Last updated December 28, 2023

These Terms of Service (also referred to as “Terms”) govern your access to and use of the Babystache, LLC website, “BabyStache Subscription” (also referred to as the “Service”), its APIs, and widgets. Please carefully read and familiarize yourself with these Terms and contact us if you have any questions. By accessing or using this Service, you agree that you have read, understand, and consent to be bound by these Terms and our Privacy Policy.

Who can use this Service?

By using this Service and providing your data to BabyStache LLC, you warrant that you are over 13 years of age. BabyStache LLC controls this data and takes that responsibility for its users’ data very seriously. You may use this Service only in compliance with these Terms and all applicable laws. You can’t use this Service if it would be prohibited by U.S. law. BY USING THIS SERVICE, YOU ACKNOWLEDGE AND WARRANT YOU ARE THE PERSON YOU REPRESENT YOURSELF TO BE AND HAVE THE ABILITY TO CONTRACT WITH BABYSTACHE LLC.

How can you use this Service?

When you interact with this Service, complete a purchase, or agree to be contacted, you must provide us with accurate and complete information. BabyStache LLC, its owners, associates, contractors, employees, or affiliates will not be held responsible for any legal ramifications or actions brought on you due to unlawful use of this Service, purchases, or use of false information.

If you’re based in the European Economic Area (“EEA”), you may only use the Service if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of this Service has been provided to us.

Purchase of Products and Services

You may purchase Products and Services from BabyStache LLC. Upon completion of your transaction, a separate Subscription Agreement with its own terms will be sent for you to sign. Please consult your Agreement for information regarding its terms as these terms may not apply. 

By purchasing these Products or Services, you agree to pay the total amount due and authorize BabyStache LLC to charge your payment option provided. You agree to pay in accordance to the payment schedule stipulated in your Subscription Agreement. You warrant that all payment information is true and correct and you are authorized to use the payment option you provide. You will promptly update any payment information that affects this and your Subscription Agreement. You understand and agree that you are responsible for full payment of the purchase price of your Products or Services and other fees you incur notwithstanding any circumstances. It is your responsibility to keep your payment information up to date in order to complete your purchases laid out in your Subscription Agreement.

Refund and Cancellation Policy

If you change your mind about a service prior to signing your Subscription Agreement, you will receive a refund of your purchase. If you are truly dissatisfied with the service provided by BabyStache LLC email support@babystache.com. Subscription boxes paid for and completed prior to the most recent are non-refundable.

Refunds are not available for same-day cancellations of any service. If you cancel your subscription with less than 24 hours’ notice you will be billed and must pay the full amount of the scheduled subscription. 

*IMPORTANT: There is an automatic cutoff of 24 hours for cancellations.

Feedback

BabyStache LLC values hearing from its users about ways we can improve their experience. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, BabyStache LLC doesn’t waive any right to use similar or related feedback previously known, developed, or obtained from sources other than you.

Security

We care about the security of our users. This Site, our Sales platform (also referred to as “Payment Provider”) and our Booking platform (also referred to as “Booking Software Provider”) have built in SSL Certificates that are Level 1 PCI compliant. While we work to protect the security of your information used on the Site, we cannot guarantee that unauthorized third parties won’t be able to defeat the security measures provided by our Site, Payment Provider or Booking Software Provider.

You understand that you are responsible for any loss or damages associated with the unauthorized use of any information collected through our Site, its associated Payment Provider or Booking Software Provider.

For more information about the security practices of GoDaddy Commerce, please visit here. For more information about the security practices of GoDaddy, please visit here.

Warranties and Disclaimers

This Site, in its entirety, and its services are provided on an “as is” basis without any representations or warranties, expressed or implied. BabyStache LLC makes no representations or warranties in relation to the Site in its entirety and its services provided therein. 

To the maximum amount permitted by law, BabyStache LLC hereby disclaims all liability and represents that you are responsible for any and all liability you incur for any claims, loss, costs, demands, disputes, or damages in any way related to the submission of your data to our company, its Site, and its affiliated Sales and Booking platforms. You agree that submission of data to our Site and its affiliated Sales and Booking platforms is at your sole risk.

Third-Party Liability Waiver

The Site may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by BabyStache LLC. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from our Site, you do so at your own risk and you agree that BabyStache LLC has no liability arising from your use of or access to any third-party website, service, or content.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BABYSTACHE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR DATA.

Indemnification

You understand and agree to indemnify and hold harmless BabyStache LLC, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits, or proceedings brought by third parties), in any way related to your access to or use of our Service, the data you provide, or your breach of any of these Terms.

Arbitration

These Terms of Service will be governed and construed in accordance with the laws of the State of Washington. Any controversy or claim arising out of or relating to the Terms of Service, or the breach thereof, should first be reported in writing and to offer an opportunity to reach an amicable solution for both parties. If an agreement cannot be met informally then matters shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near the Snohomish County area of Washington. You agree that, by agreeing to these Terms of Service, the Uniform Arbitration Act, Ch. 7.04A RCW governs the interpretation and enforcement of this provision, and that these parties are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement.

If you’re a consumer in the EEA, the foregoing paragraph does not apply to you.

Updates

Updates to this Service, its Terms, Privacy, and all other Policies may be made from time to time without notice. We will do our best to always notify you of updates. However, you understand that you are responsible for staying up to date on this Service, its Terms, Privacy, and all other Policies.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BabyStache LLC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If you are a consumer in the EEA, either you or BabyStache LLC may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment by BabyStache LLC, you are entitled to terminate the agreement with immediate effect by discontinuing your use of this Service.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BabyStache LLC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.