Babyphony Terms of use
This is a translation for convenience. The German version is the authoritative one — the provider, its registered office and the applicable law are German, and a translation can only approximate a legal term. Where the two differ, the German text prevails.
These terms govern the use of the Babyphony app. Please read Section 3 in particular — it concerns the limits of what this app can do.
Babyphony is no substitute for supervision. The app is not a medical device, not a monitoring device in a safety-related sense, and not intended to replace the presence of a person responsible for supervision. Do not rely on a transmission being established or staying up.
1. Scope and provider
These terms of use apply to the use of the Babyphony application and of this website. The provider is the entity named in the imprint.
By installing or using the app you agree to these terms. If you do not agree to them, please do not use the app.
2. Subject matter
Babyphony transmits video and sound between two devices in the same household. The transmission runs over a direct connection between the devices involved (WebRTC). A signalling server merely establishes the connection.
Babyphony is being developed further. Functions may change, be dropped or be temporarily unavailable — because an operating system changes its rules, for instance. There is no entitlement to any particular function, to further development, or to the continued existence of the service.
3. Limits of use — please read carefully
Babyphony is an aid, not a safety system. In particular:
- No substitute for supervision. The app does not release you from the duty to supervise a child appropriately.
- Not a medical device. The app records no vital signs, monitors no breathing and issues no medical warnings. It is not suitable for detecting health hazards.
- The connection can fail. Network faults, dead spots, a flat battery, system updates or restrictions imposed by the operating system can interrupt the transmission at any time — without this being indicated.
- The sending device needs its screen switched on. Operating systems suspend camera access as soon as an app moves to the background.
- No access restriction. Anyone who knows the pairing code can join a session. Only pass the code to people you trust.
4. Obligations when using the app
You may only use the app in a way that respects the rights of third parties. This applies above all to capturing video and sound: do not point the camera at people who have not agreed to it, and do not use the app to observe or listen to others without their knowledge. Transmitting video and sound from rooms in which third parties are present may be unlawful.
It is also prohibited to disrupt or overload the app or the signalling service, or to address it by circumventing the intended paths.
5. Availability
No particular level of availability is promised. The signalling service may be maintained, changed or discontinued at any time; operation may also end permanently.
6. Cost, advertising and the one-off purchase
The app is free. It carries itself on one advertising banner, which appears only on the parents’ phone. Before the first ad the app asks whether the advertising may be personalised; the details are in the privacy policy.
If you would rather not see the advertising, you can switch it off with a single purchase inside the app. It is not a subscription and nothing renews. The purchase is handled by the store the app came from; that store’s terms apply to it, and the price is stated there. A purchase counts only in the store where it was made — Apple and Google keep no common account.
7. Liability
The provider is liable under the statutory provisions for damage arising from injury to life, body or health, and in cases of intent and gross negligence. The same applies to claims under the German Product Liability Act.
In the event of a slightly negligent breach of an obligation whose fulfilment makes proper performance possible in the first place and on whose observance you may regularly rely, liability is limited to the foreseeable damage typical of the contract. Liability is otherwise excluded.
The app is provided free of charge. To the extent permitted by law, no liability is accepted for damage arising from a transmission not being established, being interrupted, or an event not being noticed — see Section 3 on this.
8. Copyright
The app and this website, including their texts and design, are protected by copyright. Any use beyond the cases permitted by law requires prior consent.
9. Changes to these terms
These terms may be changed where this becomes necessary because of a change in the functions, in the legal situation or in case law. The version in force at any time is available on this page.
10. Final provisions
German law applies. If a provision of these terms is invalid, the validity of the remaining provisions is unaffected.
The provider is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.