Terms of Service

These Terms of Service ("Terms") govern your access to and use of MyBabyTales, including our mobile application, the website at mybabytales.com, related web applications, and our gift voucher shop at shop.mybabytales.com (together, the "Services"). The Services are operated by Cutting Soup Pty Ltd ("we", "us", "our"), with principal business address: Unit 113, 18-20 Edinburgh Street, OAKLEIGH SOUTH, VIC, 3167, Australia. By creating an account, accessing or using the Services, or purchasing from us, you agree to these Terms. If you do not agree, do not use the Services.

Our Privacy Policy explains how we collect and handle personal information. It is available at https://mybabytales.com/privacy and is incorporated into these Terms by reference where applicable.

The Services are designed for adults (typically parents and caregivers) who create and manage content on behalf of a baby or young child. You must be old enough to enter a binding contract where you live. You may not use the Services if you are prohibited from doing so under applicable law. You are responsible for ensuring that your use complies with laws that apply to you.

You may need to create an account to use parts of the Services. You agree to provide accurate information and to keep it up to date where the product allows. You are responsible for activity on your account and for safeguarding your credentials and devices. Notify us promptly at support@mybabytales.com if you believe your account has been compromised.

You will use the Services only in a lawful, respectful and fair way. Without limiting that obligation, you must not: (a) harass, abuse, threaten or harm others; (b) upload, store or share content that is illegal, exploitative, hateful, graphically violent, sexually explicit involving minors, or otherwise objectionable in the context of a family keepsake product; (c) impersonate any person or misrepresent your affiliation; (d) attempt to probe, scan or test the vulnerability of the Services, breach security or authentication measures, or access data or accounts without authorisation; (e) interfere with or disrupt the Services or servers or networks connected to them; (f) use automated means (including bots or scrapers) to access the Services in a way that imposes an unreasonable load, circumvents technical limits, or extracts bulk data except where we expressly permit it; (g) reverse engineer, decompile or disassemble any part of the Services except where applicable law expressly allows; or (h) use the Services to send spam, distribute malware, or engage in fraudulent activity.

We may investigate reports of misuse, cooperate with law enforcement, and take action we consider appropriate — including warning, removing content, suspending or terminating accounts, and reporting unlawful conduct to authorities. Our decisions are guided by the nature of the Services, safety, legal obligations, and technical feasibility.

You retain any rights you already have in content you submit to the Services ("Your Content"). To operate the Services, you grant us a worldwide, non-exclusive licence to host, store, reproduce, adapt (for example to resize images or convert formats), transmit, display and back up Your Content solely for the purpose of providing, securing and improving the Services for you and as described in our Privacy Policy. This licence ends when Your Content is deleted from our systems, subject to reasonable retention for backups, legal compliance and dispute resolution as explained in our Privacy Policy. You confirm you have the rights needed to grant this licence for Your Content.

The Services are not a public social network. Features and policies may change over time, but content is intended to stay within your private keepsake experience as designed. Do not rely on the Services as a permanent archive without keeping your own copies of anything you cannot afford to lose.

We and our licensors own the Services themselves, including software, branding, logos and other materials other than Your Content, subject to any open-source licences we disclose. Except for the limited rights expressly granted in these Terms, we reserve all rights.

For products purchased through Fourthwall checkout, Fourthwall, not Cutting Soup Pty Ltd, is the seller and Merchant of Record. Your sales contract is with Fourthwall under the Merchandise Terms displayed at checkout; Fourthwall handles payment, transaction taxes and order administration. These MyBabyTales Terms govern our website, activation and app services, not Fourthwall's sales contract. Where a transaction instead uses Stripe or another identified provider, the seller and applicable payment terms are those disclosed for that transaction.

MyBabyTales provides gift activation delivery and app support. The activation code is emailed to the purchaser after confirmed payment and may be given to another person until redeemed. Redemption unlocks the stated entitlement for one child profile; the activation deadline is stated in the gift. Older gifts with a US$30 first-book benefit retain that discount for a later qualifying print purchase, with the recipient paying any balance. An included-book gift instead covers one standard printed book and standard delivery to a supported country, as listed with the offer. The included book cannot be ordered until 90 days after the gift purchase and is available for four years from voucher issue. Book ordering may open after gift sales begin. Unsupported delivery destinations may use the digital story and PDF export for self-printing. Extra books, upgrades and unsupported destinations are separate purchases where available.

For a Fourthwall purchase, payment refund requests are handled by Fourthwall under its Merchandise Terms and applicable law. Contact support@mybabytales.com for activation or app issues and help with purchase enquiries. A cancelled or refunded gift may have its associated unredeemed activation code and unused benefits revoked where permitted by law. Contact MyBabyTales for included-book ordering, delivery, defects or returns; a separately purchased book may have its own seller's terms. Nothing in these Terms excludes rights or remedies that cannot be excluded under applicable law, including the Australian Consumer Law.

The Services may integrate with or link to third-party services (for example authentication, cloud hosting, email delivery, analytics or app store platforms). Their terms and privacy notices govern their relationship with you. We are not responsible for third-party services we do not control.

The Services provide a guided way to capture memories and milestones. They are not a substitute for professional, medical, legal, financial, child-development or other specialist advice. Always seek qualified professionals where appropriate.

To the maximum extent permitted by applicable law (including the Australian Consumer Law where it applies to you), the Services are provided on an "as is" and "as available" basis. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components. Where a non-excludable guarantee applies, our liability is limited to the remedies required by law for those guarantees.

To the maximum extent permitted by applicable law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, data, goodwill or opportunities, arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages. Subject to the previous paragraph and any non-excludable rights you have under law, our aggregate liability for any claim arising out of or related to these Terms or the Services is limited to the greater of (a) the amounts you paid us for the Services giving rise to the claim in the twelve (12) months before the claim arose, or (b) AUD $100, except where a higher minimum liability applies under law.

You agree to indemnify and hold harmless Cutting Soup Pty Ltd and its directors, officers, employees and contractors from any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of Your Content, your misuse of the Services, or your breach of these Terms, except to the extent caused by our wilful misconduct or where this indemnity cannot lawfully apply.

We may suspend or terminate your access to the Services if we reasonably believe you have materially breached these Terms, if we must do so to comply with law, or if we discontinue the Services (where we will aim to give reasonable notice when practicable). You may stop using the Services at any time. Provisions that by their nature should survive (including intellectual property, disclaimers, limitations, indemnity and governing law) survive termination.

We may modify these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. If changes are material, we may also notify you through the Services, by email where appropriate, or by a notice on our website. Your continued use of the Services after the effective date of changes constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Services.

These Terms are governed by the laws of Victoria, Australia. Subject to any non-excludable rights you have to bring proceedings elsewhere, you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia for disputes arising out of or relating to these Terms or the Services.

If any part of these Terms is held invalid or unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver of our right to enforce it later. These Terms, together with the Privacy Policy and any additional terms we present at purchase, are the entire agreement between you and us regarding the Services and supersede any prior understandings on the same subject.

For questions about these Terms, contact us at support@mybabytales.com.