Terms of Service

Effective Date: February 23, 2025

Welcome to MomTrax! These Terms of Service ("Terms") govern your access to and use of the MomTrax app ("the Service"), a product provided by Gillyware, LLC ("we," "us," or "our"). By downloading, accessing, or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

1. Use of the Service

  • Eligibility: You must be at least 13 years old to use the Service. If you are under 18, you may only use the Service under the supervision of a parent or legal guardian who agrees to these Terms.
  • Account Creation:
    • You are responsible for providing accurate information during account creation, including your name, email, and password.
    • You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • License: We grant you a non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes, subject to these Terms.
  • Prohibited Activities:
    • You may not use the Service for any unlawful or unauthorized purpose.
    • You may not attempt to access, disrupt, or interfere with the Service’s systems, security, or functionality.

2. Features and Services

MomTrax provides tools for tracking, managing, and analyzing parenting-related activities and data. These may include logging, profile management, and customization options, among others. Features may be added, modified, or removed at our discretion, with or without notice. Some features may be available only through optional paid subscriptions ("Premium"). We do not guarantee the availability, accuracy, or permanence of any feature.

3. Payments and Subscriptions

We may offer Premium subscriptions or other paid services through the Service. If you choose to purchase:

  • Payment Methods: Payments may be processed via the App Store (iOS) or Stripe (through our web platform), depending on your purchase method. Terms displayed at the time of purchase apply.
  • Charges: Fees are charged in advance and are non-refundable except as required by law or our refund policy (if applicable). For Stripe payments, you authorize us to charge your provided payment method.
  • Renewal: Subscriptions renew automatically unless canceled at least 24 hours before the renewal date through your App Store account or Stripe account settings, as applicable.
  • Changes: We may adjust offerings, pricing, or availability, with notice provided through the Service or email.

4. Advertisements

The Service may include advertisements (e.g., banners, interstitials) from third-party networks to support its free version. We are not responsible for ad content. Premium subscriptions may reduce or eliminate ads, as specified at purchase.

5. User Content

Data you input into the Service (e.g., logs, profiles, measurements) is your "User Content." You retain ownership but grant us a worldwide, non-exclusive, royalty-free license to use, store, and process it to provide, maintain, and enhance the Service. You are responsible for backing up your User Content—we are not liable for its loss.

6. Privacy and Your Rights

Our collection, use, and management of your data, including User Content, ad-related information, and payment details, are governed by our Privacy Policy, incorporated into these Terms. You have rights to access, delete, and manage your data as outlined there. We will not penalize you for exercising these rights.

7. Data Retention and Deletion

  • User Account and Data Deletion: Deleting your account permanently removes all associated User Content.
  • Data Backup: You are responsible for maintaining backups of your data. We are not liable for data loss due to account deletion or Service interruptions.

8. Modifications to the Service

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable for any resulting changes or interruptions.

9. Termination

  • By You: You may stop using the Service and delete your account via the settings page or by contacting support.
  • By Us: We may suspend or terminate your access if you violate these Terms or for any reason at our discretion, without notice.

10. Limitation of Liability

To the maximum extent permitted by law, Gillyware, LLC is not liable for any indirect, incidental, or consequential damages arising from your use of the Service. Our total liability for any claims is limited to the amount you paid us in the past 12 months, if any. This does not limit rights you may have under applicable law.

11. Indemnification

You agree to indemnify and hold Gillyware, LLC harmless from any claims, liabilities, damages, or expenses arising from your use of the Service or violation of these Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles. Any disputes will be resolved in the state or federal courts of Florida, unless otherwise required by law (e.g., consumer protection statutes).

13. Changes to These Terms

We may update these Terms periodically. Material changes will be communicated through the Service or via email. Continued use of the Service after updates constitutes acceptance.

14. Contact Us

For questions about these Terms, contact us at [email protected] or write to Gillyware, LLC.

By using MomTrax, you agree to these Terms of Service. Thank you for choosing MomTrax!