HEAR MY BABY
TERMS OF USE AND END USER LICENCE AGREEMENT
Effective Date: 10 August 2026
These Terms of Use and End User Licence Agreement (“Terms”) form a legal agreement between you (“you”, “your” or the “User”) and Fat Cigar Productions Ltd (FCP Ltd), a company registered in England and Wales under company number 06931873, whose registered office is:
Fat Cigar Productions Ltd
7 Lynwood Court
Priestlands Place
Lymington
Hampshire
SO41 9GA
United Kingdom
(“FCP”, “Hear My Baby”, “we”, “us” or “our”).
These Terms govern your access to and use of the Hear My Baby application, including Hear My Baby 2.0, its audio recording and audio-processing features, artificial-intelligence features, tutorials, video tools, recording and storage tools, subscription services, updates and related functionality (together, the “Application”).
By downloading, accessing, subscribing to or using the Application, you agree to these Terms.
Our Privacy Policy is available at:
https://www.hearmybaby.com/privacy
Questions, complaints or claims relating to the Application may be sent to:
or through:
https://www.hearmybaby.com/contact
If you do not agree to these Terms, do not use the Application.
1. APPLE APP STORE USERS
If you obtain the Application through Apple’s App Store, your use of the Application is also subject to Apple’s applicable terms, including the Apple Media Services Terms and Conditions and Apple’s applicable Usage Rules.
Where Apple’s standard end-user licence agreement applies to the Application, these Terms are intended to supplement that agreement and govern the HMB-specific service, including the Application’s functionality, Premium features, subscriptions, audio processing, AI Features, User Content, medical and lifestyle positioning, intellectual property and other matters described below.
These Terms are not intended to override or contradict Apple’s mandatory App Store licence, billing, cancellation, refund, Family Sharing or Usage Rules.
If there is an inconsistency between these Terms and a mandatory Apple term governing an App Store transaction or the scope of an App Store software licence, the applicable Apple term will apply to that particular matter.
Nothing in these Terms makes Apple responsible for Hear My Baby, its content, audio processing, AI Features, subscriptions, medical or lifestyle positioning, product claims, support or any other matter for which FCP is responsible.
2. IMPORTANT: WHAT HEAR MY BABY IS
Hear My Baby is a lifestyle, pregnancy bonding, recording and keepsake application.
Hear My Baby is not a medical device.
The Application uses the microphone built into a compatible iPhone to capture sounds from the user’s abdomen.
Its audio-processing technology is designed to isolate and amplify fetal heartbeat sounds and other low-frequency pregnancy sounds so that users can listen to, record and save them.
Hear My Baby is not a Doppler device and does not emit ultrasound.
The Application is intended for personal enjoyment, bonding, recording, keepsakes and sharing.
It is not intended to diagnose, prevent, monitor, predict, treat, measure or assess:
any disease or medical condition;
the health or wellbeing of the mother;
the health or wellbeing of the fetus or baby;
fetal viability;
fetal distress;
pregnancy complications;
fetal movement;
fetal heart rate for clinical purposes;
fetal heart rhythm for clinical purposes; or
any other clinical condition.
The Application must not be used as a substitute for professional antenatal care, examination by a qualified healthcare professional, Doppler examination, ultrasound, cardiotocography or any other clinical fetal-monitoring procedure.
3. DO NOT USE HMB TO MAKE MEDICAL DECISIONS
You must not use anything heard, not heard, recorded, displayed, suggested or communicated through Hear My Baby to decide whether:
you or your baby are healthy;
your pregnancy is progressing normally;
you should seek medical attention;
you can safely delay seeking medical attention;
an existing medical concern has resolved; or
clinical assessment is or is not required.
Hearing a heartbeat, heartbeat-like sound or other sound through Hear My Baby must not be taken as confirmation that the fetus or pregnancy is healthy.
Similarly:
Being unable to hear a heartbeat or another expected sound must not be taken as evidence that there is a problem.
Neither outcome is a medical assessment.
If you have concerns regarding your pregnancy, symptoms, bleeding, pain, reduced or changed fetal movement, feeling unwell, or the health or wellbeing of you or your baby, seek advice from an appropriately qualified healthcare professional or relevant medical service.
Do not delay seeking professional medical care because of anything heard, not heard, recorded, displayed or communicated through Hear My Baby.
4. AUDIO AUTHENTICITY
Hear My Baby is designed to record and process audio captured through the microphone of the user’s device.
Audio recordings made through the Application originate from sound captured by that microphone during the user’s recording session.
Hear My Baby does not use generative AI to create, synthesise, simulate, fabricate or substitute a fetal heartbeat recording.
Hear My Baby does not intentionally:
insert an AI-generated fetal heartbeat into a user’s recording;
insert a synthetic fetal heartbeat into a user’s recording;
substitute a prerecorded fetal heartbeat for microphone-captured audio;
substitute a stock fetal heartbeat recording for microphone-captured audio;
provide a fabricated heartbeat recording and represent it as having been recorded from the user’s pregnancy; or
manufacture a fetal heartbeat sound where no such captured audio signal exists.
The Application’s audio functionality operates on audio captured through the device microphone.
FCP does not provide prerecorded, synthetic, stock or AI-generated fetal heartbeat recordings to users as if those sounds had been recorded from that particular user’s pregnancy.
5. AUDIO PROCESSING IS DIFFERENT FROM AUDIO GENERATION
Hear My Baby applies digital audio processing to microphone-captured audio.
That processing may include techniques such as:
filtering;
amplification;
frequency isolation;
equalisation;
noise reduction;
gain adjustment;
signal enhancement; and
other digital signal-processing techniques.
The purpose of this processing is to make relevant sounds contained within captured audio easier for users to hear and record.
Audio processing can alter the volume, balance, clarity or audible characteristics of parts of a recording.
As with digital audio processing generally, processing may also accentuate background sounds, noise or audio artefacts.
Such processing does not mean that Hear My Baby deliberately inserts or fabricates a fetal heartbeat.
However, the fact that a rhythmic, heartbeat-like or other sound becomes audible or more prominent after processing does not constitute clinical confirmation of the biological source of that sound.
6. HMB CANNOT CLINICALLY IDENTIFY A SOUND
The Application cannot clinically verify that a particular sound originates from the fetus.
Abdominal audio may contain sounds or signals arising from multiple sources, including:
fetal heartbeat sounds;
maternal heartbeat;
maternal blood flow;
placental or vascular sounds;
movement;
breathing;
digestive sounds;
contact or friction noise;
environmental sounds;
microphone noise;
digital audio artefacts; and
other sources.
The user should therefore not interpret the fact that a sound is isolated, enhanced, amplified or recorded as medical confirmation that it is a fetal heartbeat.
Hear My Baby does not provide a medical diagnosis or clinical classification of captured sounds.
7. RESULTS VARY AND ARE NOT GUARANTEED
Hear My Baby uses sophisticated audio-processing technology, but results vary between users and between recording sessions.
Your ability to capture or hear fetal heartbeat sounds may be affected by factors including:
stage of pregnancy;
the baby’s position;
the baby’s movement;
placenta location;
maternal anatomy;
the position of the iPhone;
microphone placement;
the pressure applied to the microphone;
background noise;
breathing;
movement;
phone cases;
iPhone model;
microphone characteristics;
headphones or speakers;
recording technique;
environmental conditions; and
other circumstances outside FCP’s control.
FCP does not guarantee:
that every user will hear fetal heartbeat sounds;
that a sound will be found during every recording session;
that a result will be achieved within any particular time;
that a captured sound originates from the fetus;
that a user will correctly identify a sound;
that recordings will have a particular audio quality; or
that the Application will produce the result a particular user expects.
Tutorials, positioning suggestions, AI guidance and other instructions may improve a user’s chances of obtaining a useful recording but do not guarantee a result.
8. ARTIFICIAL INTELLIGENCE FEATURES
The Application may include artificial-intelligence-powered chat, tutorials, guidance, recommendations or other informational features (“AI Features”).
AI Features are separate from Hear My Baby’s audio-recording and audio-processing functionality.
AI Features do not generate the fetal heartbeat audio contained in a user’s recording.
They do not create, synthesise, insert or replace fetal heartbeat recordings.
AI Features may help users with matters such as:
using the Application;
setup;
positioning;
microphone placement;
recording conditions;
troubleshooting;
understanding HMB functionality; and
navigating tutorials.
AI Features may use automated systems provided by FCP and/or third-party technology providers where described in our Privacy Policy.
9. AI OUTPUT MAY BE WRONG
Artificial-intelligence systems can produce inaccurate, incomplete, inappropriate or misleading information.
AI responses may not have been reviewed by a human before being displayed.
You acknowledge that:
AI responses can be incorrect;
AI Features do not know your complete medical history;
AI Features do not have access to a complete clinical picture;
AI output is not a medical examination;
AI output is not medical advice;
AI output must not be relied upon for diagnosis or treatment;
AI output must not be relied upon to determine fetal or maternal wellbeing; and
AI output does not replace advice from a qualified healthcare professional.
If AI-generated content conflicts with advice from a healthcare professional, you should rely on the healthcare professional’s advice.
You must not delay or avoid seeking medical assistance because of an AI response.
10. NO HEALTHCARE RELATIONSHIP
Use of Hear My Baby does not establish a:
doctor-patient relationship;
midwife-patient relationship;
nurse-patient relationship;
therapist-patient relationship; or
other healthcare-professional relationship
between you and FCP, its employees, directors, contractors, suppliers, licensors, AI providers or service providers.
FCP is not providing medical care through the Application.
11. NO DUTY TO MONITOR
FCP does not undertake to monitor:
your pregnancy;
your health;
fetal wellbeing;
your symptoms;
your recordings;
sounds captured through the Application;
your AI conversations; or
your use of the Application
for signs of a medical problem, emergency or pregnancy complication.
FCP does not undertake a duty to detect or alert you to:
fetal distress;
maternal illness;
abnormal fetal heart activity;
miscarriage;
pregnancy complications;
emergencies; or
any other medical condition.
Hear My Baby is not an emergency service.
If you believe you may require medical help, contact an appropriate healthcare or emergency service rather than relying on Hear My Baby.
12. ELIGIBILITY
You must be legally capable of agreeing to these Terms.
Where applicable law requires parental or guardian consent because of your age, you may use the Application only with that consent.
Hear My Baby is intended for personal consumer use.
It is not designed or licensed for clinical use by hospitals, doctors, midwives, clinics or other healthcare providers.
13. LICENCE
Subject to these Terms and any applicable Apple terms, FCP grants you a personal, limited, non-exclusive, non-transferable, revocable licence to use the Application for your own personal and non-commercial purposes.
Where the Application is obtained through Apple’s App Store, use is limited to Apple-branded products that you own or control and use permitted under Apple’s applicable Usage Rules, including any permitted Family Sharing or volume-purchasing use.
The Application is licensed, not sold.
FCP and its licensors retain all rights not expressly granted to you.
14. PROHIBITED USE
Except where applicable law expressly permits otherwise, you must not:
copy or reproduce the Application;
sell, rent, lease or sublicense the Application;
reverse engineer or decompile the Application;
attempt to obtain the Application’s source code;
circumvent technical protection or subscription controls;
modify or create derivative works from the Application;
scrape or systematically extract content or data;
use automated tools to access the Application improperly;
use the Application to develop or train a competing product;
copy FCP’s audio-processing methodology, design, prompts, tutorials or proprietary workflows for a competing service;
misuse FCP trademarks or branding;
use the Application unlawfully or fraudulently;
interfere with the Application’s operation or security;
use the Application for diagnosis or clinical monitoring;
use the Application as a substitute for professional healthcare;
misrepresent a recording as having been medically verified by FCP; or
assist another person to do any of the above.
15. USER RECORDINGS AND CONTENT
You may create recordings, videos, text, images, AI prompts and other content using the Application (“User Content”).
As between you and FCP, you retain ownership of your original User Content.
Using Hear My Baby does not transfer ownership of your personal pregnancy recordings to FCP.
You grant FCP only such limited, non-exclusive rights as are reasonably necessary to:
provide functionality you request;
process your content;
store content where storage functionality is offered;
transmit or share content where you ask us to;
maintain and secure the Application;
troubleshoot technical issues; and
otherwise provide the service,
in each case subject to applicable law and our Privacy Policy.
Nothing in these Terms gives FCP a general right to commercially sell your private recordings.
16. SHARING CONTENT
The Application may allow you to share recordings, videos or other User Content with other people or third-party services.
You are responsible for deciding what you share and with whom.
Where you share through services such as social networks, messaging platforms, email or other third parties, those third parties may process the content under their own terms and privacy policies.
FCP cannot control what another person does with content after you choose to share it.
You are responsible for ensuring that you have any permission required to record or share content involving another person.
17. RECORDING STORAGE AND BACKUPS
Hear My Baby is not intended to be the sole permanent archival storage location for important recordings.
You should retain independent copies of recordings or videos that are important to you.
To the fullest extent permitted by applicable law, FCP does not guarantee that User Content will never be:
lost;
deleted;
corrupted;
damaged;
inaccessible; or
affected by device or software changes.
Loss may arise from circumstances including:
device failure;
deletion of the Application;
user action;
operating-system updates;
loss or replacement of a device;
storage limitations;
technical failures;
third-party service interruptions; or
other circumstances outside FCP’s reasonable control.
18. PREMIUM FEATURES
Hear My Baby may be downloaded without charge while some functionality may require a paid subscription (“Premium”).
Premium functionality may include features described in the Application or relevant App Store purchase interface, including features relating to:
audio;
recordings;
AI chat;
personalised tutorials;
videos;
timelines;
saving;
sharing; and
other Premium functionality introduced from time to time.
The precise features included in a subscription will be shown in the Application or purchase interface.
Features may vary by Application version, device, operating system, country or subscription type.
19. SUBSCRIPTIONS
Hear My Baby may offer auto-renewable subscriptions, including weekly and annual subscription options.
For subscriptions purchased through Apple’s App Store:
the price is displayed before purchase;
the subscription duration is displayed before purchase;
any free trial or introductory offer is displayed before purchase;
payment is processed by Apple;
the charge is made to the Apple Account associated with the purchase; and
Apple administers the App Store subscription transaction.
FCP does not directly process Apple Account payments.
20. AUTOMATIC RENEWAL
An auto-renewable subscription continues for successive subscription periods unless cancelled in accordance with Apple’s applicable subscription rules.
The Apple Account may be charged for renewal before the end of the current subscription period in accordance with Apple’s applicable rules.
You can manage or cancel an App Store subscription through the subscription controls associated with your Apple Account.
Deleting Hear My Baby from your device does not itself cancel your subscription.
Cancellation normally prevents future renewal while access remains available until the end of the period already purchased, subject to Apple’s applicable rules and mandatory consumer law.
21. FREE TRIALS AND INTRODUCTORY OFFERS
We may offer free trials, reduced-price subscriptions or other introductory offers.
Eligibility, duration and the subscription price payable after an offer will be displayed before purchase.
Unless cancelled in accordance with the applicable purchase terms, a trial or introductory offer may convert into a paid auto-renewable subscription.
Any treatment of unused portions of trials or introductory offers is subject to Apple’s applicable rules and mandatory consumer law.
22. SUBSCRIPTION PRICE CHANGES
Subscription prices may change.
For App Store subscriptions, Apple may provide notifications, request consent or otherwise administer a subscription price change in accordance with Apple’s applicable rules.
Nothing in these Terms allows FCP to override a consumer right or Apple requirement relating to subscription price changes.
23. CANCELLATIONS AND REFUNDS
App Store subscription cancellation is administered through Apple’s systems.
Refund requests concerning purchases processed through the App Store should ordinarily be made through Apple’s applicable refund process.
FCP may not be technically able to issue a refund directly for a transaction processed solely by Apple.
Nothing in these Terms removes or restricts a statutory cancellation, refund, cooling-off or other consumer right that applies to you.
Where future legislation creates additional mandatory rights relating to subscription reminders, renewals, cancellation or cooling-off periods, those rights will apply where legally required.
24. CONSUMER RIGHTS
If you are a consumer, you may have mandatory statutory rights relating to the Application, digital content and digital services.
Those rights depend in part on the country in which you live.
Nothing in these Terms excludes, restricts or overrides any statutory right or remedy that applicable law does not permit FCP to exclude or restrict.
Where these Terms conflict with a mandatory consumer protection, the mandatory consumer protection prevails.
25. UPDATES AND CHANGES TO THE APPLICATION
We may update Hear My Baby to:
improve functionality;
fix bugs;
improve security;
improve compatibility;
improve performance;
introduce new functionality;
modify functionality;
comply with legal requirements;
comply with App Store requirements; or
address technical or safety issues.
Some updates may be necessary for continued use.
We do not guarantee that every feature will remain available indefinitely or remain compatible with every device or operating system.
Where changes materially affect a paid service, we will comply with applicable mandatory rights concerning notice, cancellation or refunds.
26. SERVICE AVAILABILITY
We aim to make Hear My Baby available reliably, but no software service can be guaranteed to operate continuously.
The Application may occasionally be unavailable because of:
maintenance;
technical failures;
network issues;
service-provider failures;
Apple service issues;
AI service availability;
operating-system changes;
security issues;
events outside our reasonable control; or
other circumstances.
We do not guarantee uninterrupted availability.
27. THIRD-PARTY SERVICES
Hear My Baby may interact with services supplied by Apple and other third parties, potentially including services relating to:
subscription processing;
cloud infrastructure;
analytics;
crash reporting;
artificial intelligence;
notifications;
email;
social sharing; and
messaging.
Where third-party services apply, their own terms and privacy policies may also govern your relationship with that provider.
You must comply with applicable third-party terms when using the Application.
FCP is not responsible for independent third-party services except to the extent applicable law provides otherwise.
28. PRIVACY
Our handling of personal information is described in the Hear My Baby Privacy Policy:
https://www.hearmybaby.com/privacy
The Application may require permissions, including microphone access, to provide particular functionality.
You control device permissions through the Application and/or your device settings as applicable.
If you disable a permission required by a feature, that feature may not operate correctly.
29. INTELLECTUAL PROPERTY
Except for User Content owned by users or intellectual property belonging to third parties, the Application and its associated intellectual property are owned by or licensed to FCP.
This may include:
software;
source code;
object code;
algorithms;
audio-processing technology;
workflows;
prompts;
AI integrations;
interface designs;
graphics;
text;
tutorials;
videos;
branding;
databases;
documentation;
trademarks; and
other proprietary material.
“Hear My Baby” and associated names, branding and logos are proprietary to FCP and/or its licensors.
No ownership of FCP intellectual property is transferred to you under these Terms.
30. FEEDBACK
If you voluntarily provide suggestions, ideas, bug reports, comments or feature requests regarding Hear My Baby, you permit FCP to use that feedback for developing, improving and operating the Application without an obligation to compensate you.
This does not transfer ownership of your private User Content or pregnancy recordings.
31. WARRANTIES AND DISCLAIMERS
Nothing in this section affects warranties or rights that applicable law does not allow FCP to exclude.
Subject to those rights and to the fullest extent permitted by applicable law, Hear My Baby is supplied on an “as is” and “as available” basis.
We do not guarantee:
uninterrupted operation;
error-free operation;
compatibility with every device;
compatibility with every operating-system version;
that all defects will be corrected;
that every user will obtain a recording;
that any particular sound will be captured;
that a user will correctly identify the source of a sound;
that AI output will always be accurate;
permanent retention of recordings; or
that the Application will meet every individual user’s expectations.
No information supplied by Hear My Baby constitutes a guarantee regarding fetal health, maternal health, pregnancy outcome or any medical condition.
32. LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
In particular, nothing in these Terms excludes or limits FCP’s liability for:
death or personal injury caused by FCP’s negligence where such liability cannot lawfully be excluded;
fraud or fraudulent misrepresentation;
deliberate wrongdoing where liability cannot lawfully be excluded; or
statutory consumer rights that cannot lawfully be excluded or restricted.
Subject to those exceptions and to the fullest extent permitted by applicable law, FCP will not be responsible for losses arising from:
using Hear My Baby as a medical device contrary to these Terms;
using the Application for diagnosis or clinical monitoring;
delaying or failing to seek medical assistance because of anything heard or not heard through the Application;
treating a sound as clinical evidence of fetal wellbeing;
treating the absence of a sound as clinical evidence of a problem;
incorrectly identifying or interpreting a sound;
reliance on AI-generated information contrary to these Terms;
inability to capture a recording;
inability to hear a particular sound;
loss or corruption of User Content where such exclusion is legally permitted;
incompatible devices or accessories;
third-party software or services;
operating-system changes;
user error;
failure to follow instructions;
background noise or recording conditions;
indirect losses;
consequential losses;
loss of profits;
loss of business;
loss of commercial opportunity;
loss of anticipated savings; or
losses that were not reasonably foreseeable when the agreement was entered into.
Hear My Baby is supplied for personal and domestic consumer use.
It is not licensed for commercial, clinical, diagnostic, professional medical or healthcare use.
Subject always to liabilities which cannot legally be limited, FCP’s aggregate liability arising out of or in connection with Hear My Baby or these Terms shall not exceed the greater of:
(a) the total amount actually paid by you for Hear My Baby subscriptions or in-app purchases during the 12 months immediately preceding the event giving rise to the claim; or
(b) £100 GBP, or its equivalent in your local currency.
This limitation applies to the fullest extent permitted by law whether a claim arises in contract, negligence, tort, breach of statutory duty or otherwise.
33. USER RESPONSIBILITY
You are responsible for:
using the Application in accordance with these Terms;
following appropriate instructions;
maintaining your own important recordings;
controlling access to your device;
deciding what User Content you share;
keeping your Apple Account secure; and
seeking qualified medical advice where appropriate.
You are also responsible for losses reasonably suffered by FCP as a direct result of your deliberate unlawful use of Hear My Baby, infringement of a third party’s intellectual property rights, or deliberate material breach of these Terms, but only to the extent permitted by applicable law.
Nothing in this section makes you responsible for losses caused by FCP’s own breach, negligence or unlawful conduct.
34. SUSPENSION AND TERMINATION
We may suspend or terminate access where reasonably necessary because:
you materially breach these Terms;
you use the Application unlawfully;
you attempt to circumvent payment or security measures;
you infringe intellectual property rights;
you threaten the security or operation of the Application;
we are required to do so by law; or
Apple or another relevant platform requires removal of the Application.
Where appropriate and reasonably possible, we may give notice before suspension or termination.
Termination does not remove rights or liabilities which already arose before termination.
Subscription cancellation and refund rights remain subject to the applicable subscription provisions, Apple rules and mandatory consumer law.
35. CHANGES TO THESE TERMS
We may update these Terms where reasonably necessary, including where:
we introduce new features;
we change functionality;
subscription arrangements change;
legal or regulatory requirements change;
App Store requirements change;
technology changes;
safety or security issues arise; or
clarification is reasonably necessary.
The latest version will be published at:
https://www.hearmybaby.com/eula
Where applicable law requires notice of a material change, we will provide such notice.
We will not use changes to these Terms retrospectively to remove mandatory consumer rights.
36. TRANSFER OF THE HMB BUSINESS
FCP may transfer its rights or obligations under these Terms as part of:
a corporate restructuring;
merger;
acquisition;
sale of the Application;
sale of the Hear My Baby business; or
other transfer of substantially all relevant business assets.
Any such transfer will remain subject to mandatory consumer and data-protection law.
37. EVENTS OUTSIDE OUR REASONABLE CONTROL
To the extent permitted by law, FCP will not be responsible for failure or delay caused by events outside its reasonable control, including failures of:
internet services;
telecommunications networks;
third-party infrastructure;
Apple services;
cloud providers;
AI providers;
electricity;
device operating systems; or
other technical infrastructure,
as well as natural disasters, governmental actions and other events outside FCP’s reasonable control.
38. SEVERABILITY
If a court or competent authority determines that a provision of these Terms is unlawful, invalid or unenforceable, that provision will be treated as modified or removed only to the extent necessary.
The remaining provisions will continue in effect.
39. NO WAIVER
If FCP does not immediately enforce a right under these Terms, this does not mean that FCP has waived that right.
A waiver on one occasion does not constitute a waiver on another occasion.
40. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, applicable purchase information and any mandatory platform terms, constitute the agreement governing your use of Hear My Baby.
Nothing in this section excludes liability for fraudulent statements or overrides mandatory consumer law.
41. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of England and Wales, subject to mandatory consumer laws applicable to you.
If you are a consumer in England or Wales, the courts of England and Wales may hear disputes arising in connection with these Terms.
Consumers living elsewhere may have mandatory rights to bring proceedings in the courts of their home jurisdiction.
Nothing in these Terms removes a jurisdictional right that applicable consumer law gives you.
42. CONTACT DETAILS
The developer of Hear My Baby is:
Fat Cigar Productions Ltd
Company number: 06931873
Registered office:
7 Lynwood Court
Priestlands Place
Lymington
Hampshire
SO41 9GA
United Kingdom
Email:
Contact:
https://www.hearmybaby.com/contact
43. ADDITIONAL APPLE APP STORE PROVISIONS
This section applies where Hear My Baby is obtained through Apple’s App Store.
43.1 Acknowledgement
You acknowledge that the agreement relating to Hear My Baby is between you and FCP and not Apple.
FCP, not Apple, is responsible for the Application and its content.
Nothing in these Terms is intended to impose usage rules which conflict with the Apple Media Services Terms and Conditions.
43.2 Scope of Licence
To the extent these Terms grant a licence in relation to an App Store version of Hear My Baby, that licence is non-transferable and limited to use of the Application on Apple-branded products that you own or control, as permitted by Apple’s applicable Usage Rules.
The Application may also be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing where Apple permits such use.
43.3 Maintenance and Support
FCP is responsible for maintenance and support for Hear My Baby to the extent required by applicable law or stated in these Terms.
Apple has no obligation whatsoever to provide maintenance or support services for Hear My Baby.
43.4 Warranty
FCP is responsible for any applicable product warranty to the extent such warranty has not lawfully been excluded.
If Hear My Baby fails to conform to an applicable warranty, you may notify Apple.
Where required under Apple’s applicable terms, Apple may refund the purchase price for the Application.
To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to Hear My Baby.
FCP is responsible for other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to an applicable warranty to the extent required by law.
43.5 Product Claims
You acknowledge that FCP, not Apple, is responsible for addressing claims by you or third parties relating to Hear My Baby or your possession or use of it, including:
product-liability claims;
claims that Hear My Baby fails to comply with an applicable legal or regulatory requirement; and
claims arising under consumer-protection, privacy or similar legislation.
Nothing in these Terms limits FCP’s liability beyond what applicable law permits.
43.6 Intellectual Property Claims
If a third party claims that Hear My Baby, or your possession or use of Hear My Baby, infringes that third party’s intellectual property rights, FCP, not Apple, is responsible for investigation, defence, settlement and discharge of that intellectual-property claim.
43.7 Legal Compliance
You represent and warrant that:
you are not located in a country subject to a United States Government embargo or designated by the United States Government as a country supporting terrorism; and
you are not listed on any United States Government list of prohibited or restricted parties.
43.8 Third-Party Terms
You must comply with applicable third-party terms when using Hear My Baby, including applicable Apple terms and any relevant mobile, internet or data-service agreements.
43.9 Apple as Third-Party Beneficiary
You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of the provisions of these Terms applicable to the App Store version of Hear My Baby.
Upon your acceptance of these Terms, Apple has the right, and will be deemed to have accepted the right, to enforce those Terms against you as a third-party beneficiary.
44. FINAL IMPORTANT REMINDER
Hear My Baby is designed to help families enjoy, record and share special pregnancy moments.
It is not a medical device and is not a substitute for professional pregnancy care.
Do not use anything heard, not heard, recorded or communicated through Hear My Baby to determine whether you or your baby are healthy or whether medical attention is required.
Hear My Baby does not fabricate or generate fetal heartbeat recordings using AI. Audio recordings originate from sound captured through the microphone of the user’s device and may then be processed by the Application’s audio-processing technology.
If you have any concern regarding your pregnancy or your baby, seek advice from an appropriately qualified healthcare professional.
