Terms of Use

Preamble

I. Definitions

The Application: refers to the Baby Heart application developed and provided by INVOICENOW Limited, positioned as an emotional companionship and memory-keeping tool for expectant parents. Its main features include, without limitation: listening to and recording ambient sounds through the device microphone, generating imaginative baby portraits through AI services based on images you upload, saving pregnancy memories, and displaying pregnancy-week information cards.

"You" (also referred to as "User"): refers to the natural person who has obtained the non-commercial license from INVOICENOW Limited to install, use, or receive the Application or related Services.

"We," "Us," or "Company": refers to INVOICENOW Limited, a limited company incorporated under the laws of the Hong Kong Special Administrative Region of the People's Republic of China.

Subscription Services: refers to the premium features offered within the Application on a paid subscription basis, including without limitation unlimited heartbeat-recording saves, unlimited AI baby-face generations, and weekly card sharing.

II. Important Notice (Product Nature & Disclaimer)

Please read this section carefully before using the Application.

1. The Application is an emotional companionship and pregnancy memory-keeping tool, and is not a medical product. The Application is not a medical device and does not provide medical detection, diagnosis, monitoring, treatment, or any medical advice. Sounds captured through the device microphone are intended solely for emotional experience and personal memory-keeping, do not represent actual fetal heart rate or health status, and must not be used to assess fetal health.
2. The Application is not a substitute for professional medical care. For any questions regarding your health or that of your baby, you should always consult qualified medical professionals. Please continue regular prenatal checkups as advised by medical institutions in your region. Do not delay, replace, or forgo medical care because of your use of the Application.
3. AI-generated images are for entertainment only. Baby portraits generated by AI within the Application are artistic, imaginative renderings based on the images and parameters you provide, and do not represent the actual appearance of the baby, nor do they carry any predictive or medical significance.
4. Pregnancy-week content is for reference only. Pregnancy-week development cards and related descriptions in the Application are general educational references and do not constitute personalized medical advice.
5. You acknowledge that you understand the above and agree to be responsible for your own and your baby's health when using the Application. To the maximum extent permitted by law, we shall not be liable for any direct or indirect consequences arising from your misunderstanding of the nature of the Application or any use of the Application beyond its intended purpose.

III. Intellectual Property

The Application and all content contained within it — including but not limited to software code, design, graphics, interfaces, trademarks, logos, text, images, audio, and video, along with all related copyrights, trademark rights, patent rights, and other intellectual property rights — are owned by us or our affiliates.

The "Baby Heart" name, icon (Logo), and the text, marks, and other identifiers used within specific Services to indicate the name and source of the Services (including without limitation the Application's name, icon, and the Company's name) are trademarks or registered trademarks of the Company and/or its affiliates in Hong Kong and other jurisdictions.

You acquire only the rights to use the Application as expressly granted under this Agreement, and no other intellectual property rights.

Except with our express written permission, you shall not undertake any of the following (whether for profit or otherwise):

• Copy, crack, decompile, disassemble, or distribute all or part of the Application's programs, manuals, or other graphic and audiovisual materials, or reverse-engineer any of its functionality or code;
• Publicly display or broadcast all or part of the Application's content on any platform (including without limitation livestreaming platforms, websites, or other apps) in any form;
• Rent or sell the Application, or use the Application for any profit-making activity;
• Modify or obscure the service name, company logo, trademark (or) copyright notices, or other intellectual property notices on the Application's content (such as programs, images, animations, packaging, and manuals);
• Any other act that violates copyright law, trademark law, computer software protection regulations, related laws and regulations, or international treaties.

IV. Anonymous Identity & Subscription Entitlements

1. Anonymous identity. Using the Application does not require you to register an account or provide a phone number, email, or any other information that directly identifies you. We assign an anonymous identifier to your device to store your baby information, recordings, preferences, and other local data within the Application.
2. Subscription entitlements and Apple ID. Subscription Services are provided through Apple App Store In-App Purchase. Your subscription entitlements are tied to the Apple ID used to make the purchase, not to the anonymous device identifier described above.
3. Restoring your subscription. If you switch devices or reinstall the Application, you can use the "Restore Purchase" function on the settings page to restore your subscription entitlements using your original Apple ID.
4. Local data retention. Your baby information, heartbeat recordings, saved AI baby faces, and timeline entries are stored locally on your device. Uninstalling the Application will permanently delete this local data, and it cannot be recovered. Please back up any important content before uninstalling.
5. You are responsible for safeguarding your Apple ID and related credentials. We are not liable for any inability to restore subscription entitlements resulting from causes attributable to you.

V. Your Content & License

1. Your content. In the course of using the Application, you may provide or upload the following (collectively, "Your Content"):
   • Baby's nickname, estimated due date, and similar basic information;
   • Parent photos or ultrasound images used for AI baby-face generation;
   • Rename and note text attached to heartbeat recordings;
   • Other information you actively input or upload.
2. Your representations. You represent and warrant that you hold the lawful rights to all of the content you provide. For any photos you upload (including parent photos and ultrasound images), you confirm that:
   • You are the person depicted, or you have obtained the express consent of the persons depicted (including any other parent);
   • Any ultrasound image is lawfully in your possession and does not infringe anyone's privacy or rights;
   • Your Content does not contain any material that violates laws, regulations, public order, or good morals.
3. License for service provision. In order to provide the Services to you (including generating baby portraits through third-party AI providers), you grant us and the service providers we engage in connection with the Services a non-exclusive, royalty-free license, limited to the scope necessary for providing the Services, to use Your Content. We will not use any photos you upload for any purpose other than providing the Services to you.
4. Deletion of Your Content. You may delete your baby information, recordings, saved AI photos, and other local content at any time within the Application. Once deleted, the content cannot be recovered.

VI. AI-Generated Content

1. Generation method. The Application uses image-generation technology provided by third-party AI service providers to create imaginative baby portraits based on parent photos or ultrasound images you upload, along with parameters such as the skin tone you select.
2. Nature of the content. AI-generated images are imaginative artistic renderings and do not represent the baby's actual appearance. They have no medical or predictive significance and are intended solely as part of your pregnancy memory record.
3. Uncertainty of results. AI generation involves an element of randomness, and the same inputs may produce different results. Aesthetic judgments about the results are subjective, and we make no representation or warranty that generated results will meet your expectations.
4. Your rights to generated content. You may save and share AI-generated images created for you, for personal and non-commercial use. You shall not use AI-generated images for fraud, impersonation, creation of misleading information, or any unlawful purpose.
5. Generation limits. Free users have a limited number of AI generations. This limit does not reset periodically; reinstalling the Application will clear any remaining free quota. Subscribers enjoy unlimited AI generations.

VII. Service Provider Obligations

1. Provide you with the features and services of the Application in accordance with this Agreement.
2. Ensure that the development, testing, release, and updating of the Application comply with the requirements of relevant platforms (including the Apple App Store), as well as applicable rules on intellectual property protection, user data security, and privacy protection.
3. Strictly comply with the provisions of this Agreement that are binding on us.

VIII. User Obligations

1. Device and network. You shall provide the devices necessary to access the Application (including without limitation smartphones and tablets) and an internet connection. Related telecommunication and data charges shall be borne by you.
2. Lawful use. You shall comply with all applicable laws and regulations in your region, as well as applicable international treaties, and shall not use the Application to engage in any unlawful activity, including without limitation infringing the intellectual property rights of others, distributing malware, or carrying out cyber-attacks.
3. Microphone permission. You agree to grant the Application microphone permission in order to enable heartbeat listening and recording. You may disable this permission at any time in your device's system settings, but doing so may prevent the core features of the Application from functioning.
4. Compliance of uploaded content. You shall not upload any of the following:
   • Photos or images that infringe on another person's portrait rights, privacy rights, intellectual property rights, or other lawful rights;
   • Images that contain obscene, pornographic, violent, gory, or otherwise objectionable content;
   • Photos that impersonate another person;
   • Any content that violates the laws, regulations, public order, or good morals of your region.
5. Third-party services. The Application may link to third-party websites or services. We are not responsible for the content, performance, or safety of such third-party websites or services. When using third-party websites or services, you shall comply with the relevant third party's terms and conditions.
6. No interference. You shall not engage in acts that interfere with our normal provision of software and services, including without limitation:
   • Cracking or modifying the applications we provide, attacking or intruding into our servers, or overloading the servers;
   • Creating, publishing, distributing, or using any form of auxiliary tool or program that interferes with the proper functioning of the Application, or exploiting vulnerabilities or errors in the Application to disrupt the proper functioning of the Services, or distributing such vulnerabilities or errors;
   • Using technical defects or vulnerabilities that may exist in the Application or related systems to obtain benefits for yourself or others (including without limitation unlawfully obtaining or copying application data), or engaging in other improper acts;
   • Logging in to or using the Application through unusual or unlawful means.

IX. Terms of Service

1. Download and installation. You may download the Application from the Apple App Store. The download process may require you to comply with the relevant terms and conditions of the Apple App Store.
2. Updates. We may update the Application from time to time to fix issues, add features, or improve performance. Please check for and install updates periodically. If you continue to use the updated Services, you are deemed to have agreed to the updates; if you do not agree, you should uninstall the Application, terminate this Agreement, and stop using the Application.
3. Suspension, interruption, and termination of Services.
   • For the normal operation of the Services, we may need to carry out scheduled or emergency maintenance. We will endeavor to minimize any resulting interruption or suspension;
   • Due to technical reasons, legal reasons, or other force majeure, we may temporarily or permanently interrupt the Services. We will give you as much advance notice as reasonably possible, but advance notice may not be possible in emergencies;
   • We are not responsible for any loss arising from such interruption of Services.

X. Notices

Notices we send to you may be delivered through in-app announcements, push notifications, or email. You hereby agree that we may send you service-related notifications through these channels.

XI. In-App Purchase Terms

1. Subscription purchases within the Application are completed through official channels provided by Apple Inc. The subscription fee will be charged to the payment method associated with your Apple ID, subject to the terms of Apple Inc.
2. Unless you disable auto-renewal at least 24 hours before the end of the current subscription period, your Apple ID account will be automatically charged at the end of the current subscription period to complete the renewal for the next cycle.
3. After purchase, you may manage or disable auto-renewal at any time in your Apple ID account settings. Please refer to Apple's full Terms of Use for details.
4. Refunds. Refunds for in-app subscriptions are handled by Apple Inc. Please submit refund requests through Apple's official channel at reportaproblem.apple.com. We are not able to process refunds for Apple in-app purchases directly.
5. After your subscription expires, previously saved heartbeat recordings, AI photos, and timeline content remain viewable but cannot be added to unless you renew or purchase a new subscription period.

XII. Damages

If your violation of this Agreement causes damage to us or any third party, you shall bear the corresponding legal liability. We may claim damages against you for our losses and are entitled to recover the loss amount from you, together with reasonable costs we incur in enforcing our rights (including without limitation attorneys' fees, litigation costs, travel expenses, preservation costs, bond fees, notarization fees, appraisal fees, and other expenses arising from the proceedings).

XIII. Force Majeure

We shall not be liable for any loss suffered by you due to force majeure. Force majeure under this Agreement includes:

1. Natural disasters such as earthquakes, typhoons, and floods, as well as changes in laws, regulations, or governmental directives;
2. Causes specific to the nature of online services, such as failures of basic telecommunications carriers inside or outside the jurisdiction, technical defects related to computers, mobile devices, or the internet, limitations on internet coverage, computer and mobile device viruses, and hacker attacks;
3. Other objective circumstances that are unforeseeable, unavoidable, and insurmountable within the scope permitted by law.

If we are unable to perform our obligations under this Agreement due to force majeure, we will endeavor to minimize the impact within reasonable limits but shall not be liable for any resulting loss.

XIV. Links

Any links provided in the Application may direct you to the websites of other individuals, companies, or organizations. The purpose of providing such links is to allow you to more easily find or access relevant information. We make no representation or warranty as to the authenticity, completeness, timeliness, or reliability of products, services, or information provided by any linked website.

XV. Minors

1. The Application is designed for adult expectant parents and does not target users under the age of 18.
2. If you are a minor under the age of 18, you should read and agree to this Agreement and the Privacy Policy under the supervision and guidance of a parent or other guardian, and may use the Application only with the guardian's express consent.
3. Guardian responsibilities. Guardians shall supervise a minor's use of the Application, including without limitation:
   • Assisting the minor in understanding the notices within the Application;
   • Controlling the minor's usage time;
   • Reviewing any content submitted or uploaded by the minor through the Application;
   • Managing any in-app purchases made by the minor.
4. Any payment by a minor through the Application must first be consented to in writing by the guardian, and the guardian shall be fully responsible for such payment.

XVI. Governing Law & Dispute Resolution

1. This Agreement shall be interpreted and applied in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China.
2. Any dispute arising from or in connection with this Agreement shall first be resolved through friendly consultation between the parties. If consultation fails, the parties agree to submit the dispute to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in Hong Kong in accordance with the arbitration rules in force at the time. The arbitral award shall be final and binding on both parties.

XVII. Special Reminder

XVIII. Miscellaneous

1. To avoid disputes, you agree that data stored on our servers shall serve as the standard for determining data-related and technical issues under this Agreement. We warrant the authenticity of such data.
2. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part for any reason, the remaining provisions shall remain valid and enforceable.
3. Our non-exercise, untimely exercise, or incomplete exercise of our rights under this Agreement or by law shall not be deemed a waiver of such rights, nor shall it affect our ability to exercise such rights in the future.

XIX. Contact Us

If you have any questions or suggestions regarding this Agreement, please contact us at:

Email: support@picksai.vip