Terms of Use
1. Agreement to Terms
These Terms of Use (the "Terms") apply to the BigDadHug mobile application and its content (the "App"), provided by Big Hug Studios LLC ("BigDadHug," "we," "us," or "our"). By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
2. Eligibility
You must be at least 13 years old to use the App. The App is not directed at children under 13. If you are under the age of majority where you live, you may use the App only with the consent of a parent or guardian.
3. License and Ownership
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App and its content for your own personal, non-commercial use. All audio recordings, scripts, voices, text, artwork, software, and other materials in the App are owned by Big Hug Studios LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not copy, record, download, extract, redistribute, publicly perform, sell, sublicense, or create derivative works from any content in the App. You may not reverse-engineer, decompile, or disassemble the App, and you may not use automated tools to extract content or data from the App, including for training machine learning models or other artificial intelligence systems.
4. Subscriptions
Some content in the App requires a paid subscription. Subscriptions are purchased through Apple, billed to your Apple account, and renew automatically until canceled. You can manage or cancel your subscription at any time in your Apple account settings. Cancellation takes effect at the end of the current billing period.
All payments are processed by Apple, and Apple's payment and refund policies apply to your purchase. We do not issue refunds except where required by applicable law. Subscription pricing may change; any change will apply to future billing periods, with notice provided as required before it takes effect.
5. Not Medical or Mental Health Care
BigDadHug provides encouragement, perspective, and life advice in a Dad voice. It is emotional wellness content, not health care.
The App is for informational and motivational purposes only. It does not provide medical, psychological, therapeutic, legal, or financial advice, and it is not a substitute for care from a licensed professional. We are not a licensed medical or mental health provider, and nothing in the App is intended to diagnose, treat, cure, or prevent any condition. Always consult a qualified professional if you have questions about a medical or mental health condition, and never disregard professional advice or delay seeking it because of something you heard in the App.
The App does not provide emergency services. If you are in the United States and having thoughts of suicide or self-harm, call or text 988, the Suicide and Crisis Lifeline. If you are experiencing a medical or mental health emergency, call 911 or go to the nearest emergency room. Outside the United States, contact your local crisis or emergency resources.
6. Content Changes
Our content library changes over time. We may add, update, or remove talks, voices, categories, or features at any time without notice. Your purchase is not contingent on the availability of any specific talk, voice, or feature, now or in the future.
7. Acceptable Use
You agree not to use the App for any unlawful purpose, interfere with or disrupt its operation or the servers that deliver its content, circumvent any technical protection measures, or attempt to gain unauthorized access to any part of the App or its systems.
8. Disclaimers
The App is provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or available at all times. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
9. Limitation of Liability
To the fullest extent permitted by law, Big Hug Studios LLC and its officers, members, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of, or inability to use, the App. To the fullest extent permitted by law, our total liability for all claims relating to the App will not exceed the greater of the amounts you paid us in the twelve months before the event giving rise to the claim, or fifty US dollars (US$50). Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.
10. Dispute Resolution and Arbitration
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
Any dispute arising out of or relating to these Terms or the App will be resolved by binding arbitration on an individual basis rather than in court, except that either party may bring an individual claim in small claims court or seek injunctive or equitable relief in court for infringement of intellectual property rights. Class actions and class arbitrations are not permitted, and you and we each waive the right to a jury trial.
Before filing an arbitration claim, you agree to first contact us at contact@bigdadhug.com and attempt in good faith to resolve the dispute informally for at least 30 days. If the dispute is not resolved, arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this section.
You may opt out of this arbitration agreement. To do so, email contact@bigdadhug.com within 30 days of first accepting these Terms with your name and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Terms.
11. Governing Law
These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws principles, except to the extent the laws of your place of residence are required to apply.
12. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will update the Effective Date above and may provide additional notice in the App. Your continued use of the App after changes take effect constitutes your acceptance of the updated Terms.
13. Apple-Specific Terms
These Terms are an agreement between you and Big Hug Studios LLC only, not with Apple Inc. ("Apple"), and Apple is not responsible for the App or its content. The license granted in Section 3 is limited to use of the App on Apple-branded devices that you own or control, as permitted by the App Store terms of service, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Apple has no obligation to provide any maintenance or support services for the App. In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
Apple is not responsible for addressing any claims by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, claims under consumer protection or similar laws, and third-party claims that the App infringes intellectual property rights.
You represent and warrant that you are not located in a country subject to a US Government embargo or designated by the US Government as a terrorist-supporting country, and that you are not on any US Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
14. General
If any provision of these Terms is found unenforceable, it will be severed and the remaining provisions will remain in full force. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign or transfer these Terms; we may assign them without restriction. These Terms are the entire agreement between you and us regarding the App.
15. Contact
Big Hug Studios LLC
contact@bigdadhug.com