Welcome to Berty Bear! These Terms of Service (“Terms”) govern your access to and use of our website, mobile application, and smart nursery companion device (collectively, the “Services”). By using our Services, you agree to be bound by these Terms and our Privacy Policy.

1. About Berty Bear

Berty Bear is a smart nursery companion designed to support parents with features such as white noise, night light, and smart notifications via Wi-Fi when parental assistance is needed.

2. Eligibility

You must be at least 18 years of age to use our Services. By using Berty Bear, you represent that you are legally capable of entering into a binding agreement.

3. User Accounts

You may need to create an account to use certain features. You are responsible for maintaining the confidentiality of your account details and are liable for all activities under your account.

4. Device and App Use

You agree to use Berty Bear only as intended, and not for any unlawful, harmful, or abusive purpose. Software updates may be automatically downloaded to improve functionality or address bugs.

5. Payment and Subscriptions

If the app or device includes paid features or subscriptions, you agree to pay applicable fees and charges. All payments are processed securely. Prices and features are subject to change with notice.

6. Intellectual Property

All content, branding, and software associated with Berty Bear are the intellectual property of Homespo Pty Ltd or its licensors. You may not copy, modify, or distribute our materials without permission.

7. Third-Party Services

Some features may interface with third-party services. We are not responsible for the performance or terms of those services.

8. Limitation of Liability

To the fullest extent permitted by law, Homespo Pty Ltd will not be liable for any indirect, incidental, or consequential damages arising from your use of Berty Bear. Use of the device is at your own risk.

9. Consumer Guarantees

Nothing in these Terms excludes your rights under the Australian Consumer Law. If a product or service fails to meet a consumer guarantee, you are entitled to remedies including a replacement or refund.

10. Termination

We may suspend or terminate your access to the Services if you breach these Terms. You may also stop using the Services at any time.

11. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts in that state.