Nutzungsbedingungen

1. Acceptance of Terms

By downloading, installing, or using the Hush application ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

Hush is an AI-powered baby sleep assistant application that provides:

• White noise and sleep sounds playback
• On-device AI cry detection
• Automatic soothing sound activation
• Parent alert notifications via device pairing

3. Important Safety Disclaimer

HUSH IS NOT A MEDICAL DEVICE AND IS NOT A SUBSTITUTE FOR RESPONSIBLE PARENTING OR PROFESSIONAL MEDICAL ADVICE.

• The App is designed as a supplementary aid and should never be used as the sole means of monitoring a baby or child.
• AI cry detection may not detect all instances of crying, distress, or emergency situations.
• The App may produce false positives (alerting when no cry occurs) or false negatives (failing to alert when a cry occurs).
• Always ensure a responsible adult is within hearing distance of the child.
• The App does not replace the need for direct supervision and physical proximity to your child.
• Follow all safe sleep guidelines recommended by pediatric health organizations.
• Consult your pediatrician for any health concerns regarding your child.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• The App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Efkan Works, its developers, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of or inability to use the App.
• We do not guarantee that the App will function uninterrupted, error-free, or that cry detection will be accurate in all circumstances.
• We are not liable for any harm, injury, loss, or damage resulting from reliance on the App, including but not limited to situations where the App fails to detect a cry, produces incorrect alerts, or experiences technical failures.
• In no event shall our total liability exceed the amount paid by you for the App in the twelve (12) months preceding the claim.

5. Assumption of Risk

By using Hush, you expressly acknowledge and agree that:

• You use the App entirely at your own risk.
• You are solely responsible for the safety and supervision of your child at all times.
• AI-based cry detection is probabilistic and may fail under certain conditions (ambient noise, distance, device placement, etc.).
• Technology, including Bluetooth, Wi-Fi, and push notifications, can experience delays or failures.
• The App is not certified or approved by any regulatory body as a safety or medical monitoring device.

6. Indemnification

You agree to indemnify, defend, and hold harmless Efkan Works, its developers, officers, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the App or violation of these Terms.

7. Subscriptions and Payments

• Hush offers a free tier and premium subscription plans.
• All payments are processed through Apple App Store or Google Play Store.
• Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date.
• You can manage or cancel your subscription through your device's App Store settings.
• Refunds are handled by Apple or Google according to their respective policies.
• Prices may change with reasonable notice. Existing subscribers will be notified of price changes.

8. Intellectual Property

All content, features, and functionality of the App — including but not limited to sound recordings, AI models, design, text, graphics, and software — are the exclusive property of Efkan Works and are protected by copyright, trademark, and other intellectual property laws.

• You may not copy, modify, distribute, sell, or lease any part of the App.
• You may not reverse-engineer or attempt to extract the source code of the App.
• "Hush", "Velvet Rain", and associated logos are trademarks of Efkan Works.

9. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose.
• Attempt to interfere with the proper functioning of the App.
• Use the App in a manner that could damage, disable, or impair its functionality.
• Attempt to gain unauthorized access to any systems or networks connected to the App.

10. Termination

We reserve the right to terminate or suspend your access to the App at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

11. Governing Law

These Terms shall be governed by and construed in accordance with applicable laws. Any disputes arising from these Terms or use of the App shall be resolved through binding arbitration or in the courts of competent jurisdiction, at our discretion.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13. Entire Agreement

These Terms constitute the entire agreement between you and Efkan Works regarding the use of the App and supersede all prior agreements and understandings.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website and/or within the App. Your continued use of the App after changes constitutes acceptance of the new Terms.

15. Contact

For questions about these Terms of Service, contact us at:
support@hush-baby.app