Terms of Service

  1. Scope
    1. These Terms of Service constitute the legal basis for any use of the Application, Cubo Ai („Application“) by you as an end user (“You”, "User") in the European Union or the European Economic Area. The Cubo Ai Application is a service by Yun Yun AI Baby Camera Co., Ltd., Rm. 4, 19F., No. 2, Ln. 150, Sec. 5, Xinyi Rd., Xinyi Dist., Taipei City 110014, Taiwan (R.O.C.) (hereinafter "us", "we", "Yun Yun").
    2. These Terms of Service constitute an offer to use the Application subject to the following terms and conditions. By using the Application, you accept our offer and a contractual relationship is established between Yun Yun and the User subject to the Terms of Service. Any deviating terms and conditions of the User will not be accepted.
    3. A right of revocation does not apply, as the service is provided free of charge.
    4. The Terms of Service also apply to later versions (updates) and extensions (upgrades) of the Application.
    5. We reserve the right to amend the Terms of Service and functionalities of the Application as necessary. We will take the User’s legitimate interests into account in each case. We will inform the User of any changes to the Terms of Service and provide an updated version. The User may object to the amendment of the Terms of Service within a period of 30 days by sending an e-mail to support@getcubo.com . If the User objects, he may no longer use the Application and therefore we ask the User to uninstall the Application. If the User does not object, the changes will automatically come into effect after 14 days have expired.
    6. Any contests, sweepstakes or other promotions ("Promotions") made available through the Application may be governed by rules that are separate from the Terms of Service outlined here.  If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules shall apply.
  2. Requirements for the use of the Application
    1. The Application is available for Android and iOS operating systems and can be downloaded and installed free of charge in the respective app stores under the terms and conditions that apply there. Costs may be incurred by your mobile network provider for data transfer to your device.
    2. The use of the Application is free of charge.
    3. To use the features of the Application, the integration of a Cubo Ai Baby Monitor is required. The Cubo Ai Baby Monitor is a device equipped with a camera and other sensors, designed to monitor the sleep of children, in particular babies and toddlers. You also can operate and manage your Cubo Ai Baby Monitor through this Application. The Cubo Ai Baby Monitor can be purchased from third party suppliers such as Amazon and Shopify.
    4. To use the Application, you must register (Section 3).
  3. Registration and set up
    1. To register, you must be at least 18 years old. Minors and persons whose access authorization have been permanently blocked are prohibited from registering.
    2. During the registration process you will be asked to determine your login details. These consist of your e-mail address and a chosen password. It is not required to provide additional contact information. The information provided must be accurate, complete and up-to-date at any time.
    3. After the registration process, the Application will ask you to set up your Cubo Ai Baby Monitor and connect it to the Application. Therefore, please follow the instructions in the Application. The setup is successful when you see the live feed of the Cubo Ai Baby Monitor in the Application. If you are having difficulties finishing the setup, please contact support@getcubo.com .
    4. It is possible to connect multiple Users to one Cubo Ai Baby Monitor. Vice versa, it is possible to connect multiple Cubo Ai Baby Monitors to the Application.
    5. Your login details, including the password, must be kept secret by you and must not be made accessible to unauthorized third parties under any circumstances. It is also your responsibility to ensure that your account is used exclusively by you or by persons authorized by you. If you suspect that unauthorized third parties have gained or will gain knowledge of your access data, please inform us immediately by e-mail at support@getcubo.com .
  4. Features of the Application and User Content
    1. The Application offers monitoring and analysis features such as a live video feed and sleep tracking. It is also possible to remotely talk to the child via the Application or to play lullabies and sounds that soothe the child. The Application might also provide personalized advice for activities to do with your child. The use of these features is for child protection and data protection purposes only allowed for the legal representative of the child or for persons that have been authorized by the legal representative of the child. If this is not the case, you may not use the Application for monitoring a child.
    2. If you want to use sleep tracking, sleep analysis or breathing rate tracking features of the Application, for data protection purposes this requires the consent of the legal representative of the child that is monitored by the Cubo Ai Baby Monitor. The data collected for these features constitute health data within the meaning of the EU General Data Protection Regulation (GDPR). Before your first use of these features, the Application will ask you to provide consent. With your consent, you represent that you are the legal representative or that you have been authorized by the legal representative of the child to give said consent. If the consent is not given, these features can unfortunately not be used.
    3. If you want to receive push notifications from the Application, it is necessary to grant the Application the corresponding authorizations via the settings menu of your mobile device.
    4. The Application also offers features that allow you to capture, save and share moments and memories with other Users. Photos, videos, sounds, texts and other content created by a User are considered “User Content”.
    5. The User can share User Content through the family share feature of the Application. Therewith, the User can share User content with up to seven family members or friends.
    6. The User is solely responsible for the User Content that he/she creates or shares on and through the Application, including its legality, reliability, and appropriateness. The User is prohibited from posting and distributing User Content or links via the Application that violates applicable laws, official regulations or these Terms of Service. Furthermore, the User is not allowed to post User Content that violates the moral rights, copyrights or trademarks of third parties.
    7. The User grants Yun Yun the non-exclusive and royalty-free right to use the User Content for the purposes of performing the services according to these Terms of Service and for improving Yun Yun’s AI through training. Yun Yun will not share User Content with third parties for commercial purposes without the express consent of the User. Subcontractors for the provision of the services by Yun Yun are not considered third parties.
    8. If the User is making User Content available to other Users via the Application, the User grants the other User the non-exclusive and royalty-free right to use the User Content for private purposes in accordance with these Terms of Service.
    9. We are entitled, but not obliged, to check the User Content in advance for accuracy and/or legality and/or compatibility with these Terms of Service and reserve the right not to publish it or to remove it temporarily or permanently if the User violates applicable law or these Terms of Service.
  5. Rights of use
    1. The Application and its digital content are predominantly protected by copyright, trademark, patent and other intellectual property-related laws and is in each case owned by us or by third parties who have made the respective content available to us. It will remain the exclusive property of Yun Yun and its licensors. Our trademarks may not be used in connection with any product or service without the prior written consent of Yun Yun.
    2. Yun Yun grants the User the non-exclusive, revocable, non-sublicensable, non-transferable and royalty-free right to use the Application, including all digital content contained therein, for private purposes in accordance with these Terms of Service.
    3. The granting of the rights of use is conditional upon compliance with these Terms of Service. In the event of a material breach of these Terms of Service by the User, rights of use to the Application shall automatically expire. Yun Yun may, at its sole discretion and without prior notice, block a User's access to the Application, including all functions and content, in whole or in part, if there are reasons to believe that the User is in breach of the Terms of Use or is causing damage through his or her use of the App, including its content.
    4. In addition to a loss of the rights of use, a violation of these Terms of Service may have further legal consequences for the User. This includes claims for damages. Any unlawful use, especially unauthorized commercial distribution, or publication for commercial purposes will be prosecuted by Yun Yun under civil and/or criminal law.
    5. It is prohibited to provide, publish, license, sell or otherwise commercially exploit the Application to third parties, whether in return for payment or free of charge.
    6. You may not modify, adapt, translate, create derivative works from, reverse engineer, disassemble or otherwise attempt to derive the source code of the Application. Statutory permissions remain unaffected, in particular the User's right to decompile the Application in order to obtain the information necessary to establish its interoperability with other programs, unless we make it available to the User on reasonable terms. The User is not permitted to decompile the Application for other purposes.
    7. The User is obliged to use the Application only in accordance with these Terms of Use and in compliance with applicable law. Any use of the Application that has a negative impact on the Application itself or devices connected to it is prohibited. In particular, any manipulation of the Application or the program code, for example by means of viruses, trojans or other harmful program codes or other actions or tools that may cause damage to the Application, the digital content or the Cubo Ai Baby Monitor, is prohibited.
    8. For open source software implemented in the Application, any rights of use shall be granted solely in line with the respective open source software license terms. These Terms of Service do not restrict the open source software license terms in any way. For details, please refer to the respective open source software license terms, which you can access via the menu of the Application.
  6. Warranty disclaimer
    1. Yun Yun provides the Application to the User free of charge and "as is". In particular, no guarantee of availability is assumed. Warranty rights are excluded, except in the case of defects caused by Yun Yun intentionally or through gross negligence.
    2. Neither the Cubo Ai Baby Monitor nor the Application are medical devices as defined by the German Medical Devices Act. They are not suitable for monitoring diseases or vital functions. The User acknowledges that he/she cannot rely on the Application and Cubo Ai Baby Monitor as the sole determination criteria for any purpose related to the vital safety of the child. The Application and the notification of status and warning information in the Cubo Ai Baby Monitor can only be used as an auxiliary tool for the User’s care of children, to help parents or guardians pay attention to the safety of children, and parents or guardians should still do their utmost care when using the Application. You understand and agree that it is your responsibility to know how to respond to emergencies and make appropriate judgments based on the circumstances.
    3. The condition of your use of the Application and the Cubo Ai Baby Monitor may depend on (i.) your mobile devices, such as mobile phones, tablets, etc. (ii.) wi-fi network, Bluetooth connection and other related equipment in your home, and (iii.) the service provider of your network service. While we aim to provide you with a highly reliable and readily available service, the Application is not 100 percent reliable or readily available. For a variety of reasons beyond our control, our services may be affected by sporadic interruptions and failures, including wi-fi or network instability, cloud service provider maintenance or updates, and hardware device barriers. For example, you may not receive or may receive in delay the notifications about your child's activity status due to the push service settings of your mobile device or the connection status of your home wi-fi network environment or mobile network. The service interruption may cause the Application and Cubo Ai Baby Monitor to be unreliable or unavailable at any time during the service.  We cannot and do not guarantee that you will be notified in all cases.
    4. The Application may need maintenance or repair, due to security reasons, or may be interrupted or malfunctioning due to various reasons, which may cause inconvenience, loss of information, error, tampering or other damage to you. You are advised to take protective measures at any time when using the Application. You may not request a refund from us and we are not liable for any damages caused by your use or inability to use the Application, except for intentional or gross negligence of the company.
    5. We cooperate with third-party cloud service providers to perform the services. The third-party cloud service providers include but are not limited to the Amazon Web Services and Google Cloud Platform. You agree to exempt the third-party cloud service providers from any damage and/or loss resulting from your use of the Application and Cubo Ai Baby Monitor to the fullest extent permitted by law.
    6. Any information or advice provided by the Application is for reference only. You should make your own decision after independent judgment when using the Application. You should make your own assessment and risk evaluation on the accuracy or credibility of the relevant information of the Application. Yun Yun is not liable for any damages caused by you following information or advice of the Application. Section 7 remains unaffected.

  7. Liability
    1. Yun Yun shall always be liable for intent, gross negligence, for injury to life, limb or health, for claims under the German Product Liability Act and for guarantees expressly granted by Yun Yun.
    2. In all other respects, Yun Yun's liability is excluded. Statutory mandatory rights of the User remain unaffected. Yun Yun shall only be liable for damages caused by slight negligence in the event of a breach of a material contractual obligation, whereby the amount of such claims for compensation shall be limited to foreseeable damages. Material contractual obligations in this sense are obligations on whose fulfillment the User regularly and reasonably relies and whose fulfillment is essential for achieving the purpose of the agreement.
    3. Insofar as Yun Yun's liability is excluded or limited under these provisions, this shall also apply to the liability of Yun Yun's executive bodies, vicarious agents and employees.
    4. If a claim is made against Yun Yun by a third party due to a violation of applicable law or these Terms of Service by the User, the User shall indemnify Yun Yun against all claims and costs incurred directly or indirectly as a result, including reasonable costs for legal defense. This shall not apply if the user is not responsible for the violation.
  8. Privacy
  9. Yun Yun complies with relevant data protection regulations. User data is treated confidentially and in a manner permitted by data protection legislation. The privacy policy provides more detailed information about the collection, processing and use of personal data in or in connection with the app.

  10. Miscellaneous
    1. The contractual language is English. Even if the text of the Terms of Service should be translated into another language, the English version of the contract shall remain binding.
    2. Yun Yun is entitled to discontinue the service of the Application with 6 months' notice. Yun Yun shall announce the discontinuation of service on its official website or via the Application and provide information on how to download user data or how to migrate to other Yun Yun products.
    3. German law shall apply to the exclusion of German conflict of law regulation and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law shall only apply to the extent that it does not deprive you of mandatory applicable consumer protection provisions of the state in which you have your habitual residence as a consumer at the time of conclusion of the contract.
    4. Should one or more provisions of these Terms of Service be or become invalid or should these Terms of Service contain gaps, the validity of the remaining provisions shall remain unaffected. In this case, the parties undertake to work towards an effective provision which, if the parties had been aware of its nullity or absence, would come as close as possible in economic terms to the void or missing provision.