Terms of Service

These terms are an agreement between you and Emberthorn Studio LLC ("Emberthorn Studio," "we," "us") for using the MellowBee app, mellowbee.app, and emberthornstudio.com (the "Services"). By using the Services, you agree to these terms and to our Privacy Policy.

1. Eligibility and accounts
2. Caregiver and parent responsibilities
3. Your content
4. Acceptable use
5. Subscriptions and payment
6. Ending your use
7. Disclaimers and liability
8. Apple App Store terms
9. Governing law and changes

1. Eligibility and accounts

You must be at least 18 years old to create a MellowBee account. Keep your sign-in details secure and your information accurate. You're responsible for activity on your account. If you invite staff or family members, you're responsible for inviting only people who should have access.

2. Caregiver and parent responsibilities

• Permission: childcare providers must have a parent's or guardian's permission before adding a child's information or photos, and parents must have permission before adding another adult as a pickup contact.
• Not medical advice: health, medicine, and temperature logs are records, not medical advice. Follow the instructions of a child's parents and doctor.
• Pickups: pickup contacts and passes help you confirm who's authorized, but you remain responsible for verifying the identity of anyone picking up a child.
• Licensing and regulations: providers are responsible for meeting their own licensing, record-keeping, and legal requirements. MellowBee doesn't guarantee that using it satisfies any regulation.
• Payments between families and daycares: payment instructions shown in MellowBee (such as a Venmo username) come from the daycare. Those payments happen outside MellowBee, and we aren't a party to them.

3. Your content

You keep ownership of the logs, messages, photos, and other content you add. You give us permission to store, display, and transmit that content only as needed to provide the Services to you and the people you share with. You confirm you have the right to share what you add.

4. Acceptable use

Don't use the Services to:

• break the law or violate anyone's privacy or rights;
• post content that is abusive or harassing, or that exploits or endangers a child;
• access accounts or data you aren't authorized to see;
• interfere with, overload, or try to break the Services' security; or
• copy, resell, or reverse-engineer the Services, except where the law allows.

We may remove content or suspend accounts that violate these terms, and we will report suspected child endangerment to the authorities.

5. Subscriptions and payment

Some MellowBee features may require a paid subscription. Prices and plan details are shown before you buy.

Purchased through the App Store

Payment is charged to your Apple Account, and Apple's terms apply. Subscriptions renew automatically unless you turn off auto-renew at least 24 hours before the end of the current period. To manage or cancel, open Settings on your device, tap your name, then tap Subscriptions. Refunds are handled by Apple.

Purchased on our website

Payment is processed by our payment provider. Subscriptions renew automatically at the end of each billing period until you cancel. Canceling stops future charges; you keep access until the end of the period you've paid for. Payments are generally non-refundable, except where the law requires otherwise, though we may issue a refund at our discretion.

We'll give you notice before changing the price of an existing subscription. Any free trial converts to a paid subscription when it ends unless you cancel first. Prices may not include applicable taxes.

6. Ending your use

You can stop using the Services and delete your account at any time in the app. We may suspend or end access if you violate these terms or if we discontinue the Services; if we discontinue a paid service, we'll give reasonable notice and refund any unused, prepaid amount we charged you directly. Sections that, by their nature, should survive (such as the rights you've granted for content you've already shared, disclaimers, and limits of liability) continue after your account ends.

7. Disclaimers and liability

The Services are provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We don't promise the Services will be uninterrupted or error-free, or that notifications will always arrive on time.

To the fullest extent the law allows, Emberthorn Studio will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost data or profits. Our total liability for any claim relating to the Services is limited to the greater of the amount you paid us in the 12 months before the claim or $100. Some places don't allow these limits, so they may not apply to you.

You agree to defend and indemnify Emberthorn Studio against claims arising from your content or your violation of these terms or the law.

8. Apple App Store terms

If you downloaded MellowBee from Apple's App Store:

• These terms are between you and Emberthorn Studio, not Apple, and Emberthorn Studio is solely responsible for the app and its content.
• Your license is to use the app on Apple devices you own or control, as permitted by the App Store's Usage Rules.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the app's purchase price, if any. Apple has no other warranty obligation for the app.
• Emberthorn Studio, not Apple, is responsible for addressing any claims relating to the app, including product liability, legal or regulatory compliance, consumer protection, and intellectual property claims.
• You confirm you aren't located in a country subject to a U.S. government embargo and aren't on any U.S. prohibited-parties list.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

9. Governing law and changes

These terms are governed by the laws of the State of Missouri, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Missouri, and you and we consent to their jurisdiction.

We may update these terms and will revise the date at the top. If changes are significant, we'll notify you in the app or by email before they take effect. Continuing to use the Services after that means you accept the updated terms.