MyBabythings

These Membership Terms of Service (“Terms”) are an agreement between you and Ex Machinae GmbH (“MyBabythings“) regarding your use of the Service. By clicking “I Accept” or using the Service, including purchasing a membership or renting products, you agree to these Terms and other policies that may be referenced, including the MyBabythings Privacy Policy and Rental Agreement.

If you don’t agree to these Terms, don’t use the Service. Disputes will be resolved through binding arbitration, and we can terminate your access to the Service for noncompliance. 

These Terms are void where prohibited by law.

Service

MyBabythings runs a rental service for high-quality baby products that can be accessed through its website and mobile apps (the “Service”). Users can sign up for the Service through a Membership Plan, which can be purchased on the website. The benefits of the Service depend on the specific Membership Plan selected, and MyBabythings may change or end the Service or Membership Plans at any time. Make sure to read and understand the details of your Membership Plan before purchasing.

Modifications to the Agreement

MyBabythings may change these Terms, fees, and other charges for the Service at any time. Any changes will be effective immediately upon posting on the Site. By continuing to use the Service, you agree to the changes. If you don’t agree, you must stop using the Service and return all rented products to MyBabythings. It’s important to review these Terms, the MyBabythings Rental Agreement, and the Privacy Policy regularly to ensure you understand all terms, conditions, and policies applicable to your use of the Service.

User Accounts

To use the Service, you may need to create a User Account and provide accurate information. You’re responsible for all activity that happens on your User Account, and you must keep your login information secure. If you suspect any unauthorized access, you should let MyBabythings know immediately. MyBabythings isn’t responsible for any losses or damages resulting from your failure to follow these rules.

Access to Service

MyBabythings gives you access to and use of the Service during your paid-up subscription period, as long as you follow these Terms. If you’re an individual, you can only use it for yourself and people in your household. If you’re a Commercial Renter, you can use it to offer products to your customers, but not to compete with MyBabythings. You can’t share your Membership Plan with anyone outside of your household or business entity.

Product Rentals

You can rent high-quality baby products on a month-to-month basis through MyBabythings’s Service during your Membership Period. The products available for rent are shown on the website, but availability is not guaranteed. 

You must accept MyBabythings’s Rental Agreement when renting a product, and failure to comply may result in suspension or termination of rental privileges. 

You can only rent products for use within the Service Area or as specified in your Membership Plan, and there is a limit of four concurrent rentals. 

If included in your Membership Plan, you can receive virtual consultations with a MyBabythings baby gear expert, but MyBabythings makes no guarantees about the accuracy or reliability of the information provided. 

You are responsible for evaluating and using the information presented during consultations, and MyBabythings disclaims liability for any consequences resulting from your use of the information.

Restrictions

Do not copy, modify, or attempt to reverse engineer the Service or associated software, except where prohibited by law. 

Do not share access to the Service with any third party, except as expressly authorized. 

Do not remove copyright or proprietary notices, breach, disable or tamper with any security measure, or use any bot or non-human user to access the Service. 

Do not access or use the Service for unlawful or competitive purposes, or resell or redistribute it. 

Do not use the Service in a way that could harm MyBabythings’s revenue or violate applicable law, infringe on intellectual property or other rights, or be defamatory, harmful, fraudulent, deceptive, threatening, harassing, or obscene.

Technical Requirements

You understand and agree that your ability to use the Service relies on your access to the Internet and telecommunications services. You also acknowledge that MyBabythings is not responsible for obtaining or maintaining any necessary telecommunications or Internet services, hardware or software that may be needed for accessing and using the Service, nor for any costs or expenses associated with such services.

Term and Termination

These Terms apply to your use of the Service and will continue to be in effect as long as you use it. MyBabythings can stop or limit your access to the Service or your User Account at any time, without notice, if you break these Terms or the Rental Agreement. Ending these Terms doesn’t affect any rights or obligations that have already happened. You’re responsible for any unpaid charges and amounts that become due before or after these Terms end, and you must stop using the Service right away. Certain sections of these Terms will still apply even after these Terms end.

Membership Plans and Fees

• Monthly membership plans will renew automatically on a monthly basis, unless canceled.
• Annual membership plans will renew automatically on a yearly basis, unless canceled within the first 30 days of purchase.
• You must pay all subscription fees and rental fees on time using a valid payment method.
• Your membership plan will renew automatically unless you cancel at least seven days before the renewal date.
• To cancel your membership, send a request to MyBabythings by email or through your user account, at least seven days before the renewal date.
• Membership fees are non-refundable and MyBabythings does not provide refunds or credits for partially-used subscription terms.
• Upon cancellation or termination of your membership plan, you must return all rented products and fulfil any outstanding obligations under the rental agreement.
• Taxes may be charged on top of subscription and rental fees.

Intellectual Property

(a) MyBabythings owns all intellectual property rights related to the Service, Site, software, and other technologies used to provide the Service. You have no rights to these except as explicitly stated in this agreement.

(b) You are responsible for the accuracy, legality, appropriateness, and other aspects of any content you upload or post on the Service. You must not post content that infringes on the rights of others, is inaccurate or illegal, or contains harmful elements.

(c) If you provide feedback to MyBabythings regarding the Site or Service, MyBabythings will own all rights to the feedback and may use it in any way without compensation or obligation to you.

Third Party Applications

The Service may provide links or access to Third Party Services that are not owned or controlled by MyBabythings. You use these Third Party Services at your own risk and should read their terms and privacy policies before using them. MyBabythings is not responsible for the content, accuracy, or practices of any third-party website or service. We do not monitor or edit their content, and we are not liable for any issues that may arise from your use of them. You are solely responsible for any interactions you have with third-party services and their terms and conditions apply to those interactions. MyBabythings is not responsible for any third party’s products or services.

Privacy

You acknowledge and agree that all information collected by MyBabythings is subject to our Privacy Policy . By accessing or using the Service, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

Disclaimer of Warranties

This legal text means that all rental products provided by MyBabythings are provided “as is,” without any warranties or guarantees, except for any express warranties stated in the agreement. MyBabythings disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quality, and any warranties arising from course of dealing, usage, or trade practice. MyBabythings makes no representations or warranties regarding the reliability, availability, suitability, quality, or safety of the rental products, or any outcomes that may result from their use.

As the renter, you are solely responsible for assessing the suitability of the rental products and assume all risks associated with them. If any rental products require installation or assembly, you are responsible for installing and assembling them at your own discretion and risk. You are also responsible for any and all liability, losses, and damages resulting from your installation, assembly, or use of the rental products.

It is your sole responsibility to operate, store, maintain, and use the rental products in full compliance with all manufacturer instructions and warnings and all directions provided by MyBabythings.

Indemnity 

You agree to protect and not hold MyBabythings and its partners accountable for any damages, fees, or losses resulting from your violation of this Rental Agreement, including unauthorized use of Rental Products, violating laws or Manufacturer Instructions, assembling or installing Rental Products, or not following instructions from MyBabythings, including stopping use in case of any safety concerns. This includes all costs and expenses, like legal fees, that arise from any claims or lawsuits related to the above.

Limitation of Liability

MyBabythings is not responsible for any indirect or consequential damages, or for any damages related to lost profits, business, or data, even if they were warned of the possibility of such damages. MyBabythings’ total liability for any issues related to this rental agreement or the rental products is limited to the total rental fees paid by you. This limitation of liability applies even if MyBabythings is at fault for any issues. However, in some jurisdictions, certain damages or liability cannot be limited by law.

If any part of this agreement is found to be unenforceable, the limitations on damages and liability in this agreement will still apply to the extent allowed by law.

Applicable law/jurisdiction

This Agreement is subject to Swiss law. The place of jurisdiction is Zurich.