terms of use

01your agreement with us

fledji is a product of Luminary Management Group LLC, a New Jersey limited liability company that owns and operates the fledji brand (“fledji”, “we”, “us”, “our”). when you create an account, use the app, or visit fledji.app, you agree to these terms of use and to our privacy policy. if you do not agree, please do not use fledji.

these terms form a binding agreement between you and fledji. they apply to you whether you are visiting our website, using the iOS app, the android app, or any other fledji product or service (together, the “service”).

02who can use fledji

you must be at least eighteen (18) years old to create a fledji account. by creating an account, you confirm that you are eighteen or older and that you are legally able to enter into this agreement.

fledji is a tool for parents and caregivers. it is not designed for use by children. if you are creating an account on behalf of your family, you are responsible for any information about your child or children that you choose to enter into fledji. we do not knowingly collect data directly from anyone under thirteen (13).

fledji is currently offered in the united states. if you use the service from another country, you do so at your own initiative and are responsible for compliance with local laws.

03your account

to use most of fledji, you need an account. you agree to provide accurate information when you sign up, to keep that information up to date, and to keep your login credentials private. you are responsible for activity that happens under your account.

if you believe someone has gained access to your account without your permission, tell us at steve@fledji.app so we can help you secure it.

you may close your account at any time from inside the app. closing your account removes your data from fledji in accordance with our privacy policy.

04the private beta

fledji is currently offered as a private beta, by invitation. that has a few practical consequences.

• access is free during the beta period, in exchange for your feedback.
• the service is still being built. features may change, appear, disappear, or behave unexpectedly. data loss, while rare, is possible.
• we may add, remove, or limit features at any time during the beta.
• we may end the beta or your participation in it at any time, for any reason. we will tell you why and give you a reasonable opportunity to export your data first.
• we ask that you not redistribute the app, your invitation, or your account credentials.

05subscriptions and billing

after the beta period, parts of fledji may be offered on a paid subscription. if and when that happens, we will tell you in advance and you will have the choice to subscribe, decline, or close your account.

any future paid plan will include its own pricing page describing the cost, the billing cycle, the auto-renewal terms, and the refund policy. those terms will be incorporated into this agreement by reference at the time you choose to subscribe. nothing in this section obligates you to subscribe.

when we do introduce a paid plan, we will show you the renewal frequency, the price, and how to cancel before you subscribe, ask you to affirmatively agree, and make cancellation available online from inside the app without phoning or emailing us. for free trials that convert to paid, we will tell you the date your card will be charged and how to cancel beforehand.

if you sign up through the apple app store, google play, or another platform, that platform’s payment terms also apply.

06your content

“your content” means anything you enter into fledji or upload through it: logs, notes, photos, audio, videos, milestones, growth measurements, names, dates, plans, and similar information about you, your child, and your family.

your content belongs to you. fledji does not claim ownership of it.

so that fledji can store, sync, back up, display, and operate the service for you, you grant fledji a limited, worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process your content, solely to provide the service to you and to people you have explicitly invited (such as a partner or another caregiver). this license ends when you delete your content or your account, except for backups that age out on a routine schedule described in our privacy policy.

we do not sell your content. we do not share it with advertisers. we do not use it to train third-party advertising models. how we handle it on the technical side is described in our privacy policy.

fledji is not a backup service. we keep rolling encrypted backups to protect against loss on our end, but you are responsible for retaining your own copies of anything you would not want to lose. you can export your content at any time from inside the app.

you are responsible for your content. you confirm that you have the right to enter or upload it, that doing so does not violate anyone else’s rights, and that it complies with these terms.

07caregivers and shared access

fledji is built for households. you may invite a partner, a grandparent, a nanny, or another caregiver to view or contribute to your child’s information inside the app. when you invite someone, you are giving them access to your content under your account’s permissions.

you are responsible for who you invite and for revoking access when it should end. fledji is not responsible for what an invited person does with the information they can see.

if you and another adult share custody of a child or share an account, fledji is not a substitute for legal arrangements between you. we cannot mediate disputes between co-parents over access to data, and to the fullest extent permitted by law you release fledji from any claim arising out of those disputes. if you are a california resident, this release includes an express waiver of california civil code § 1542, which provides: “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

08acceptable use

you agree to use fledji only for personal, family use, and to comply with applicable law. you agree not to:

• use fledji to harm a child, share child sexual abuse material, or store anything that exploits a minor in any way;
• upload anything illegal, defamatory, harassing, hateful, or that violates someone else’s privacy or intellectual property;
• upload information about another adult without their knowledge and consent;
• attempt to access fledji other than through the interfaces we provide; probe, scan, scrape, or reverse-engineer the service; or use it to build a competing product;
• interfere with the service, its security, or its other users;
• resell, sublicense, or commercialize your access to fledji;
• use the service in a way that exposes fledji to legal or regulatory risk.

we may remove content that violates these terms, and we may suspend or close accounts that do.

09fledji’s content

fledji and everything about the service that is not your content (the software, the design, the brand, the writing, the illustrations, the methodology, the schedules and templates we author, the way it all fits together) is owned by fledji or its licensors. it is protected by copyright, trademark, and other laws.

we grant you a personal, limited, non-transferable, non-exclusive, revocable license to use the service for your own family use, subject to these terms. this license does not include the right to copy, modify, distribute, sell, or create derivative works of the service.

“fledji” and the fledji logo are trademarks of Luminary Management Group LLC. you may not use them without our written permission, except to refer factually to the service.

10copyright complaints

fledji respects intellectual property rights. if you believe that material in fledji infringes a copyright you own or control, you may send us a written notice that complies with 17 U.S.C. § 512(c). your notice must include:

• a physical or electronic signature of the copyright owner or someone authorized to act on their behalf;
• identification of the copyrighted work you say has been infringed;
• identification of the material you say is infringing, with enough detail for us to locate it;
• your contact information (address, phone, and email);
• a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

send notices to our designated copyright agent at steve@fledji.app with the subject line “DMCA notice”, or by mail to: Luminary Management Group LLC, attn: copyright agent, Wayne, New Jersey 07470, USA.

misrepresenting that material is infringing can expose you to liability for damages under 17 U.S.C. § 512(f). fledji terminates the accounts of repeat infringers in appropriate circumstances.

11third-party services

fledji may include or link to services we do not run, such as the apple app store, google play, a payment processor, a customer-support tool, an analytics provider, or a third-party article. those services have their own terms and privacy policies, and your use of them is between you and them. fledji is not responsible for third-party services.

12app store terms

if you download fledji from the apple app store, the following terms apply in addition to the rest of this agreement and prevail over anything inconsistent for that purpose:

• this agreement is between you and fledji, not between you and apple. apple is not responsible for the app or its content.
• the license granted to you for the app in section 09 is limited to use on apple-branded products you own or control, as permitted by the usage rules in apple’s media services terms.
• fledji, not apple, is responsible for providing maintenance and support for the app.
• fledji, not apple, is responsible for addressing claims that the app fails to conform to any applicable warranty. if such a claim cannot be resolved, you may notify apple, and apple will refund the purchase price of the app to you (if any). to the maximum extent permitted by law, apple has no other warranty obligation with respect to the app.
• fledji, not apple, is responsible for product-liability claims, claims that the app fails to conform to a legal requirement, and claims arising under consumer-protection or similar laws.
• fledji, not apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the app or your possession or use of it infringes that party’s intellectual property rights.
• you represent that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties.
• apple and apple’s subsidiaries are third-party beneficiaries of these terms, and apple has the right to enforce these terms against you as a third-party beneficiary.

if you download fledji from google play, that store’s own terms govern your install and any payments processed through it. fledji, not google, is responsible for the app and for any maintenance, support, warranty, or product-liability claims arising from your use of it.

13feedback you give us

if you send us feedback, suggestions, ideas, or bug reports, you grant fledji a perpetual, irrevocable, worldwide, royalty-free license to use that feedback in any way, without any obligation to compensate you. you can still use your own ideas yourself; we just don’t owe you anything for them.

14fledji is not medical advice

fledji is a parenting tool. it is not medical software. it does not diagnose, treat, cure, or prevent any condition.

the information inside fledji, including suggested schedules, milestone ranges, written guides, plan templates, and any output that responds to your data, is general information for parents. it is not a substitute for advice from a qualified pediatrician, midwife, lactation consultant, mental health professional, or other clinician who knows your child.

if you have a question about your child’s health, ask your doctor. if something feels urgent, call your doctor’s office, urgent care, or emergency services right away.

15communications from fledji

by creating an account, you agree that fledji may send you transactional communications about your account, your beta participation, and the service (account confirmations, security alerts, beta updates, scheduled cohort messages). these are part of the service.

if you provide a phone number and opt in, we may send you scheduled text messages related to your participation in a beta cohort. message and data rates may apply. you can opt out at any time by replying STOP, by changing your preferences in the app, or by emailing us.

we will not send you marketing emails about unrelated products. we will not share your contact information with third-party advertisers.

16privacy

our privacy policy explains what information fledji collects, how we use it, who can see it, and how long we keep it. by using fledji you agree to the practices described there.

17changes to the service

fledji is a product we are actively building. we may add, change, or remove features at any time. we may also change how the service works on the back end. when a change is material, we will tell you in advance through the app or by email.

18suspension and termination

you may stop using fledji at any time and close your account from inside the app.

we may suspend or close your account if you violate these terms, if your account is at security risk, if your account is inactive for an extended period, or if we are required to do so by law. when we close an account for violation, we will tell you why, where the law allows it.

before we close an account that has not violated these terms, we will give you a reasonable chance to export your content. after termination, the sections of these terms that by their nature should survive will survive, including sections on your content license to us, our intellectual property, feedback, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

19disclaimers

we work hard to make fledji reliable, useful, and safe. we cannot promise that it will be all of those things all of the time.

fledji does not warrant that the service will be uninterrupted, secure, or free from errors, viruses, or other harmful components; that any defect will be corrected; or that the service will meet your specific needs or expectations.

any information inside the service, including guides, schedules, milestone ranges, and templated content, is provided for general informational purposes. see section 14.

some jurisdictions do not allow the exclusion of certain warranties. if any of these exclusions does not apply to you, the other parts of this section still do, to the fullest extent permitted by law.

20limitation of liability

some jurisdictions do not allow these limits. if they do not apply to you, the rest still does to the fullest extent permitted by law.

this section is a fundamental basis of our agreement. if it did not exist, we would not be able to offer fledji on the terms we do.

21indemnification

you agree to indemnify and hold harmless fledji and its officers, employees, contractors, founders, and partners from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of (a) your use of the service, (b) your content, (c) your violation of these terms, or (d) your violation of any law or any third party’s rights. fledji may take over the defense of any matter you are required to indemnify, in which case you agree to cooperate with us.

22disputes, arbitration, class waiver

we hope you never have a serious problem with fledji. if you do, please email steve@fledji.app first and give us a chance to fix it.

any dispute that is not resolved that way and that is not eligible for small claims court will be resolved by final and binding individual arbitration under the consumer arbitration rules of the american arbitration association (aaa). arbitration will be conducted by video conference, unless you and fledji agree otherwise or the arbitrator orders an in-person hearing in the county where you live. the arbitrator will have the authority to award the same remedies a court could. the arbitrator’s decision is final.

you and fledji agree that any dispute will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative proceeding.

nothing in this section prevents either you or fledji from bringing a claim in small claims court if it qualifies, or from seeking injunctive relief in court for misuse of intellectual property.

you may opt out of this arbitration agreement within thirty (30) days of first creating your fledji account by emailing steve@fledji.app with the subject line “arbitration opt-out” and your account email. opting out does not affect any other part of these terms.

23governing law

these terms are governed by the laws of the state of new jersey, united states, without regard to its conflict-of-laws rules. for any matter not subject to arbitration under section 22, you and fledji submit to the exclusive jurisdiction of the state and federal courts located in passaic county, new jersey.

24changes to these terms

we may update these terms. when we make a material change, we will update the “last updated” date at the top and, where appropriate, give you notice inside the app or by email. continuing to use the service after a change means you accept the updated terms. if you do not accept them, please close your account.

25general

entire agreement. these terms and our privacy policy are the entire agreement between you and fledji about the service. they replace any earlier agreement on the same subject.

severability. if any part of these terms is found to be unenforceable, the rest will remain in effect.

no waiver. if we do not enforce a part of these terms right away, we have not given up the right to enforce it later.

assignment. you may not assign these terms or your account without our written consent. we may assign these terms to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you.

relationship. nothing in these terms creates a partnership, employment, or agency relationship between you and fledji.

force majeure. fledji is not responsible for delay or failure caused by events beyond our reasonable control, including acts of god, network outages, labor disruptions, or government actions.

language. these terms are in english. any translation is for convenience only; the english version controls.

26how to reach us

questions about these terms can go to steve@fledji.app. we read everything that comes in, and we will write back.