These Terms of Use govern your use of the mobile application located at path-app.com and the Apple App Store (collectively referred to as the “Applications”), which are operated by Path Childhood Development, LLC (also referred to as the “Company”) and related services. The application gives the users the ability to track their child’s development, track common baby tracker metrics, track foods tried, and store photos of their children (called memories in the application). It does provide “development tips” to help facilitate the development of milestones. The application is intended for educational purposes only.
By using the Applications or making use of the Path Childhood Development service (the “Service”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of Path Childhood Development (“Member”). By using the Applications or the Service, you give Path Childhood Development permission to provide you with the Service, communicate with you using email, telephone and/or telecommunications and create, store, and/or deliver your personal data and other information.
This Agreement is a contract between you and Path Childhood Development governing your use of the Applications, your Path Childhood Development account, and the Path Childhood Development Services. CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE APPLICATION OR SERVICE. USING THE APPLICATION OR SERVICE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. THE APPLICATION DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED. THE APPLICATION DOES NOT REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM A HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR ACCESSED THROUGH THE APPLICATION. YOUR USE OF INFORMATION PROVIDED ON THE APPLICATION IS SOLELY AT YOUR OWN RISK.
Acceptance of Terms of Use Agreement
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Applications and your membership in the Service. This Agreement may be modified by Path Childhood Development from time to time, and such modifications will be effective upon posting by Path Childhood Development on the Applications. This Agreement incorporates by reference Path Childhood Development’s Notice of Privacy Practices and any notices regarding the Applications or policies posted in the Applications. By accessing the Applications or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
Format of Agreement
By accessing the Applications or becoming a Member, you consent to have this Agreement provided to you in electronic form. You may request a non-electronic copy of this Agreement at any time.
Withdrawing Your Consent
You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form. If you wish to withdraw your consent, you can do so by deleting your account directly from within the application or by contacting us via email at support@path-app.com. Once you delete your account or terminate your membership, your membership will remain active until the end of your then-current membership period. Your username and password will be discontinued, and you will no longer have the right to use the Service unless, and until, you create a new account. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal. If you encounter any issues or prefer to withdraw your consent via email, please contact us at support@path-app.com.
End User License Agreement
Subject to this End User License Agreement and other terms defined in this Agreement, Path Childhood Development, LLC grants you a non-transferable, non-exclusive, revocable license to use the Applications.
You are not permitted to distribute or make the Applications available over a network where they can be accessed by multiple devices simultaneously. You may not transfer, redistribute, or sub-license the Applications. If you sell or transfer ownership of your device to another party, you must ensure the Applications are removed from the device prior to the sale or transfer. Additionally, you may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Applications, including any updates, or any portion of them (except as allowed by applicable law or under the licensing terms governing open-sourced components included in the Applications).
Acknowledgment of Age to Use Service
By using the Applications, you acknowledge and agree that:
(a) The Service is provided at the sole discretion of Path Childhood Development;
(b) The Service is limited to providing educational resources for tracking a child's development, common baby tracker metrics, foods tried, and storing photos (called memories in the application);
(c) Path Childhood Development will retain your user data unless you delete your account or you object and request Path Childhood Development to delete your account;
(d) You are at least 16 years of age, or accompanied by a parent or guardian who can give informed consent on your behalf if you are under the age of 16 at the time of using the application;
(e) If you are using the application on behalf of a child, dependent, or other person for whose care you are responsible, your approval of the terms of this Use Agreement will bind such other person to these terms;
(f) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and
(g) You are not listed on any U.S. Government list of prohibited or restricted parties.
Non-commercial Use by Members
Except as authorized by the Company, the Applications are for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, Company, and/or businesses may not become Members and should not use the Service or the Applications for any purpose. Illegal and/or unauthorized uses of the Applications may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive action. Use of the Applications is with the permission of Path Childhood Development, which may be revoked at any time, for any reason, in Path Childhood Development’s sole discretion.
Charges on Your Billing Account
Path Childhood Development bills you through the Apple App Store (your “Billing Account”) for any paid subscriptions or additional features you choose to purchase. You agree to pay Path Childhood Development all charges at the prices then in effect for any use of the paid features by you or other persons (including your agents) using your Billing Account, and you authorize Apple to charge your chosen payment provider (your “Payment Method”) for the Applications. You agree to make payment using that selected Payment Method. You are responsible for all applicable fees and charges incurred, including applicable taxes and all subscriptions purchased by you.
Currently, all payments, billing, and refunds are handled exclusively through Apple’s App Store. Path Childhood Development does not store any credit card data or other billing information. Refunds for subscriptions purchased through the Apple App Store are subject to Apple’s refund policy.
You can manage or cancel your subscription using Apple’s subscription management system, either through the Manage Subscriptions link within the Path Childhood Development Applications or directly via the Apple App Store or your iOS device settings.
Modification, Suspension, or Discontinuation of the Service.
Path Childhood Development reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Path Childhood Development shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Service Use Termination
You may terminate your use of the Services at any time by not using the Services any more. If you wish to terminate your membership, you can do so by deleting your account from within the Applications or by contacting us via email at support@path-app.com. If you terminate your membership, your membership will remain active until the end of your then-current membership period. We may terminate your use of the Services at any time by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Membership Fee. If you are receiving and utilizing the Services through your employer, then you may be subject to certain limitations for your use of the Services. To learn more about the Membership Fee contact us at support@path-app.com. We are not required to provide you with notice prior to terminating your use of the Services or a reason for such termination. If we terminate your access to the Services for any reason other than your breach of these Terms or any other agreement you have entered into with us, you acknowledge and agree that you will not be entitled to any refund of the paid Membership Fee. You further acknowledge and agree that Path Childhood Development will not be liable to you or any third party for any termination of your access to the Services.
Prohibited Activities
Path Childhood Development reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or engaged in conduct that is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
You will not express or imply that any statements you make are endorsed by Path Childhood Development, LLC without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute, remove or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not interfere with or disrupt the Service or the Applications or the servers or networks connected to the Service or the Applications.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not “frame” or “mirror” any part of the Service or the Applications, without Path Childhood Development, LLC’s prior written authorization. You will not use meta tags or code or other devices containing any reference to Path Childhood Development or the Service or the site in order to direct any person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Applications or any software used on or for the Service or cause or enable others to do so.
Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to immediately notify Path Childhood Development of any unauthorized use of your username or password or any other breach of security related to your account. Path Childhood Development will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in feature if you have linked your Path Childhood Development account to any electronic mail service or other account. The “username” is not to be confidential, as it is the way users share data with one another. The users can sign on using three methods: Email/Password, Sign in with Google, Sign in with Apple. Path’s sessions are “long-lived”, so the user should not worry about logging out after each use. Path Childhood Development also reserves the right to suspend your account and/or revoke any and all referral credits at any time if we feel they were earned inappropriately. Personal invite links should only be used for personal and non-commercial purposes. This means that you can share your invite link with your personal connections via email, Twitter feeds, Facebook pages, personal blogs, etc. where you are the primary content owner. Public distribution on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon Applications) is not allowed.
Promoting your referral code via Search Engine Marketing (e.g., AdWords/Yahoo/Bing) is also not allowed. We will give out promotional codes for discounted or free subscriptions, but not necessarily “personal invite links”. The application is free to download and use (at the free tier), so a link to our App Store page will effectively be an invite link.
Privacy
Use of the Applications and/or the Service is also governed by our Notice of Privacy Practices and privacy policy, copies of which may be found on our Applications. You authorize Path Childhood Development to use and publish any comments you choose to share about the Service. Path Childhood Development will only publish comments using your username or first name and last initial. If you choose to share your protected health information over email, telephone or video communications you acknowledge that such email, telephone or video communications may not be encrypted and/or may not be a secure method of communication, and you assume the risk of such unsecured communications.
Membership Fee
Path Childhood Development charges a membership fee (the “Membership Fee”) for access to certain features of the Applications. The Membership Fee may be modified by notice in accordance with these Terms. Users may gain indirect access to the Applications through their employer, either via a promotional code purchased by the employer or through reimbursement. The Applications offer three subscription options: “Premium” and “Pro,” which may be billed on a monthly or annual basis, and a one-time “Pro Lifetime” subscription. Subscription management, including cancellation, upgrading, downgrading, and requesting refunds, is facilitated through Apple’s subscription manager. A convenient link to Apple’s subscription manager is provided within the Applications, allowing you to manage or cancel your subscription directly through Apple.
Monthly subscriptions renew on the same calendar day each month as the original purchase date, irrespective of the number of days in a given month. For instance, a subscription initiated on January 31 will renew on February 28 (or February 29 in a leap year), and a subscription beginning on March 13 will renew on April 13. This ensures consistent billing cycles for our users, providing clarity and predictability in subscription management.
In the event that you are no longer eligible for such coverage from an employer, professional affiliations, or other organizations (e.g., the employer no longer offers such benefit or you are no longer employed by the employer), you will have the option to (i) continue use of the Applications and assume payment of the applicable Membership Fees, or (ii) terminate your use of the Applications.
Monthly Subscription
Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that the Apple App Store is authorized to charge the Payment Method associated with your Billing Account. The monthly renewal Membership Fee will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews to avoid billing of the next month’s Membership Fee to your provided Payment Method. Refunds cannot be claimed for any partial month subscription period.
Annual Subscription
Our “Annual” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that the Apple App Store is authorized to charge the Payment Method associated with your Billing Account for (i) the initial annual Membership Fee at the rate secured at the time of purchase, and (ii) the renewal Membership Fee(s). You must cancel your subscription before it renews to avoid billing of the renewal Membership Fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
Pro Lifetime Subscription
Our “Pro Lifetime” subscription is a one-time payment that grants indefinite access to Pro-tier features without the need for renewal. You acknowledge and agree that the Apple App Store is authorized to charge the Payment Method associated with your Billing Account for a one-time fee at the rate secured at the time of purchase. No recurring charges will apply. Please note that the lifetime subscription is valid only for as long as Path Childhood Development and its services continue to operate.
You may terminate your use of the Applications at any time by contacting us via email at support@path-app.com or by deleting your account from within the Applications. If you wish to terminate your membership subscription, you can do so by visiting the App Store or by using the convenient link within the Applications. If you terminate your membership, your membership will remain active until the end of your then-current membership period.
We may terminate your use of the Applications at any time by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Applications. If we terminate your use of the Applications because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Membership Fee. We are not required to provide you with notice prior to terminating your use of the Applications or a reason for such termination. If we terminate your access to the Applications for reasons other than your breach of these Terms or any other agreement you have entered into with us, you may be entitled to a pro rata refund of the Membership Fee for the remainder of your membership period. Refunds for subscriptions purchased through the Apple App Store are subject to Apple’s refund policies, and any refund requests must be directed to Apple for processing.
Disclaimers Regarding the Service
YOU AGREE THAT YOUR USE OF THE SERVICE, INCLUDING ANY EXERCISES OR ACTIVITIES SUGGESTED BY THE SERVICE, IS AT YOUR OWN RISK. PATH CHILDHOOD DEVELOPMENT WILL NOT BE LIABLE FOR ANY INJURY OR DAMAGE CAUSED BY YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE THAT THE SITE IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED, AND AGREE THAT YOU WILL SEEK CARE ELSEWHERE IN THE EVENT OF A MEDICAL EMERGENCY OR URGENT HEALTHCARE NEED. The Application is not a replacement for your primary care physician, annual office check-ups, or any form of professional medical advice or treatment. The content in the Application is purely for educational purposes and not intended treat or diagnosis a child’s conditions or development milestones.
Disclaimers Regarding the Application and Content
Path Childhood Development is not responsible for any incorrect or inaccurate content posted on the Application or in connection with the Service, whether caused by users of the Application, Members or by any of the equipment or programming associated with or utilized in the Service. Path Childhood Development is not responsible for the conduct, whether online or offline, of any user of the Applications or Member of the Service. Path Childhood Development assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Path Childhood Development is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any Applications or combination thereof. Under no circumstances will Path Childhood Development or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Applications or the Service, any content posted on the Applications or transmitted to Members, or any interactions between users of the Applications, whether online or offline. This includes but is not limited to injuries sustained while following exercises or any other activities suggested by the Applications. The Applications and the Service are provided “AS-IS” and Path Childhood Development expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Path Childhood Development cannot guarantee and does not promise any specific results from use of the Applications and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any strategies, exercises, guides, articles or information that may be posted on the Application is for informational purposes only and is not intended to replace or substitute for any professional financial, legal, medical, or other advice. Path Childhood Development makes no representations or warranties and expressly disclaims any and all liability concerning any action by, or effect on any person following the strategies, exercises, guides, articles or information offered or provided within or through the Applications.
Copyright and Trademark
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. The trade names, trademarks, service marks, logos, and slogans contained in the Application are the trade names, trademarks, service marks, logos and slogans of the Company and/or their subsidiaries and affiliates (each a “Mark” and collectively the “Marks”). You are not authorized to use any Mark in any advertisement, publicity or in any other commercial manner without our prior written consent. The trade names, trademarks, service marks, logos and slogans contained in the Applications that are not our Marks are the trade names, trademarks, service marks, logos and slogans of their respective owners.
Links
The Application or Service or third parties may provide links to Applications operated by third parties. These links are provided solely for convenience and reference purposes only. The inclusion of any such link does not imply that we endorse the content of any web site to which the Applications provides a link, nor are we liable for your reliance on or use of any information or materials contained in them.
User Feedback
You may be asked to provide feedback on your Path Childhood Development experience. This feedback is always optional and your choice. This feedback may be hosted and stored at a third party site. You agree to not provide any personally identifiable information when providing feedback.
Limitation of Liability
To the extent permitted by law, in no event will Path Childhood Development be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Applications or the Service. Notwithstanding anything to the contrary contained herein, Path Childhood Development ’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Path Childhood Development for the Service during the term of membership.
Indemnity by You
You agree to indemnify and hold Path Childhood Development , its subsidiaries, affiliates (including the Providers), officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) your use of the Applications or the Service in violation of this Agreement, (b) your failure to comply with applicable laws and regulations; and/or (c) your breach of this Agreement and/or any breach of your representations and warranties set forth above.
Arbitration of Disputes and Governing Law.
You agree that the arbitrators have the same immunity from civil liability as that of a judicial officer when acting in the capacity of arbitrator under this agreement to arbitrate. This immunity shall supplement, not supplant, any other applicable statutory or common law.
YOU UNDERSTAND THAT YOU DO NOT HAVE TO SIGN THIS AGREEMENT TO ARBITRATE IN ORDER TO RECEIVE THE SERVICES OF PATH CHILDHOOD DEVELOPMENT OR ITS EMPLOYED OR ENGAGED CONSULTANTS, AND THAT IF YOU DO SIGN THIS AGREEMENT TO ARBITRATE AND CHANGE YOUR MIND WITHIN 30 DAYS OF TODAY, THEN YOU MAY CANCEL THIS AGREEMENT ARBITRATE BY GIVING WRITTEN NOTICE TO PATH CHILDHOOD DEVELOPMENT WITHIN 30 DAYS OF THE DATE OF YOUR SIGNATURE BELOW STATING THAT YOU WANT TO WITHDRAW FROM THE ARBITRATION PROVISIONS OF THIS AGREEMENT. SHOULD YOU CHOOSE TO WITHDRAW FROM THE ARBITRATION PROVISIONS OF THIS AGREEMENT, ALL OTHER PROVISIONS OF THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT.
On behalf of yourself and all others bound by this agreement to arbitrate, agreement is hereby given to be bound by the Rules of Path Childhood Development, as they may be amended from time to time, which Rules are hereby incorporated into this Agreement.
If there is any dispute arising out of the Applications and/or the Service, by using the Applications, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions.
You and Path Childhood Development, LLC acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
Acknowledgment of Terms and Electronic Signature
You certify that you have read, accept, and hereby consent to the terms of this Agreement, and your acceptance of these terms constitutes your electronic signature to this Agreement. You agree that you may be sent electronic notices to the email address provided during your registration for the Service. Any notice sent to that email address will be deemed to have been received on the day it was sent, regardless of whether or not you actually received the notice or choose to read it. This Agreement constitutes the sole agreement between you and Path Childhood Development for your use of the Service, and any further statements or inducements, oral or written, not contained in this Agreement shall not bind either you or Path Childhood Development. You acknowledge and agree that you are using the Service at your own risk and Path Childhood Development is not liable for any injuries or damages you may suffer as a result of your use of the Service. Any of the terms of this Agreement which are invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement.
NOTICE: BY CREATING THE ACCOUNT AND USING THE SERVICE YOU AGREE TO HAVE ANY ISSUE ARISING FROM THE USE OF THE SERVICE DECIDED BY NEUTRAL ARBITRATION AND HEREBY GIVE UP ANY RIGHT TO A JURY OR COURT TRIAL. SEE PARAGRAPH 18 OF THIS AGREEMENT.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
If you have any questions, complaints, or claims with respect to the Applications, you may contact Path Childhood Development, LLC at:
1001 Cross Timbers Rd.
Ste. 2020
Flower Mound, TX, 75028
Phone: 214-862-5633
Email: support@path-app.com
Last updated September 2024
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