1. Acceptance of the Terms

Please read these Terms carefully before you start using the App. By downloading, accessing, or using the App, you accept and agree to be bound by these Terms, our Privacy Policy, and our Consumer Health Data Privacy Policy, each of which is incorporated herein by reference. If you do not agree to these Terms, do not use the App.

PLEASE NOTE: SECTION 19 CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 19.

2. Eligibility

The App is intended for use by parents, legal guardians, and caregivers who are at least 18 years old. By using the App, you represent and warrant that you are at least 18 years of age, that you are capable of lawfully entering into a binding contract with BeBa, and that any information you provide about a child is provided in your capacity as that child's parent or legal guardian, or with the permission of the child's parent or legal guardian. Children may not use the App directly.

3. IMPORTANT: Not Medical Advice

THE APP IS AN INFORMATIONAL AND EDUCATIONAL TOOL ONLY. IT DOES NOT PROVIDE MEDICAL, DIETARY, NUTRITIONAL, OR HEALTH ADVICE, AND IT IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A PEDIATRICIAN, PHYSICIAN, REGISTERED DIETITIAN, OR OTHER QUALIFIED HEALTHCARE PROVIDER.

Without limiting the foregoing, you acknowledge and agree that:

• Nutrition information is estimated. The App uses artificial intelligence and third-party nutrition databases to estimate the nutritional content of foods based on the descriptions you enter. These estimates may be inaccurate, incomplete, or out of date. Actual nutritional content varies by brand, preparation, portion size, and other factors the App cannot verify.

• Scores and insights are informational. Daily scores, trends, and insights are general informational tools. They are not diagnoses, health assessments, or recommendations for any individual child. Every child's nutritional needs are different and may differ from the general reference values used by the App.

• Do not rely on the App for allergen or ingredient safety. The App may fail to identify, or may incorrectly identify, ingredients, allergens, or additives in a food or product. NEVER rely on the App to determine whether a food is safe for your child, including with respect to allergies, intolerances, choking hazards, or medical dietary restrictions. Always read product labels yourself and consult your child's healthcare provider.

• Consult a professional. Always seek the advice of your pediatrician or another qualified healthcare provider with any questions regarding your child's nutrition, growth, allergies, or health, and before making any changes to your child's diet based on information from the App. Never disregard professional medical advice, or delay seeking it, because of something you saw in the App.

• Emergencies. If you believe your child is experiencing a medical emergency, including an allergic reaction, call 911 or your local emergency number immediately. Do not use the App in an emergency.

4. Changes to the Terms

We may update or revise these Terms from time to time in our sole discretion. All changes are effective when we post them, and the "Last Updated" date above will reflect the most recent revision. For material changes, we will provide reasonable notice, such as an in-App notice or an email. Your continued use of the App following the posting of revised Terms constitutes acceptance of those changes. If you do not agree to the revised Terms, you must stop using the App.

5. Privacy

All information we collect through the App is subject to our Privacy Policy and, with respect to consumer health data, our Consumer Health Data Privacy Policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with those policies.

6. Your Account

To use the App, you must create an account. You agree that all information you provide when registering or otherwise using the App is correct, current, and complete, and that you will maintain the accuracy of that information, including the email address associated with your account.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to create only one account, for your own personal, non-commercial use, and not to sell, transfer, or share your account or credentials with others. You agree to notify us immediately at help@heybeba.com of any unauthorized access to or use of your account. BeBa will not be liable for any loss or damage arising from your failure to protect your credentials.

We reserve the right to disable any account at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms.

7. License to Use the App

Subject to your compliance with these Terms, BeBa grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on devices you own or control, for your personal, non-commercial use only. We reserve all rights not expressly granted to you.

8. Subscriptions, Free Trials, and Billing

Subscription plans. Certain features of the App require a paid subscription. We offer subscription plans, including monthly and annual plans, at the prices displayed in the App at the time of purchase. Prices may vary by region and are subject to change as described below.

Billing through Apple. Subscriptions are purchased as in-app purchases through your Apple App Store account ("Apple ID") and are billed by Apple, not by BeBa. Your purchase is also subject to Apple's terms and policies. BeBa does not collect or store your payment card information.

Automatic renewal. SUBSCRIPTIONS AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD (MONTHLY OR ANNUALLY, DEPENDING ON YOUR PLAN) AT THE THEN-CURRENT PRICE, AND YOUR APPLE ID WILL BE CHARGED WITHIN 24 HOURS BEFORE THE START OF THE NEW PERIOD, UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT PERIOD.

Free trials. We may offer a free trial. IF YOU DO NOT CANCEL AT LEAST 24 HOURS BEFORE THE END OF THE FREE TRIAL, YOUR SUBSCRIPTION WILL BEGIN AUTOMATICALLY AND YOUR APPLE ID WILL BE CHARGED THE SUBSCRIPTION PRICE DISPLAYED WHEN YOU STARTED THE TRIAL. Free trial eligibility may be limited to one per user, and any unused portion of a free trial is forfeited when you purchase a subscription.

How to cancel. You can cancel your subscription or free trial at any time through your Apple ID subscription settings (Settings → your name → Subscriptions on your device). Deleting the App does not cancel your subscription. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until then.

Price changes. We may change subscription prices from time to time. Price changes will apply no earlier than your next renewal, and you will be notified in advance in accordance with Apple's procedures, with the opportunity to cancel before the change takes effect.

Refunds. Except as required by applicable law, payments are non-refundable, and there are no refunds or credits for partially used subscription periods. Because billing is handled by Apple, refund requests must be submitted to Apple through your Apple ID account.

9. Your Content

"Your Content" means the information and materials you submit to the App, including food log entries, child profile information, product scans and images, and onboarding responses.

Ownership. Your Content is yours. These Terms do not transfer ownership of Your Content to BeBa.

License to BeBa. So that we can operate the App, you grant BeBa a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt, and display Your Content solely for the purposes of: (a) operating, providing, and improving the App and its features for you, including processing Your Content through the third-party service providers described in our Privacy Policy (such as cloud hosting and AI service providers); (b) creating aggregated or de-identified data that does not identify you or your child, which we may use for research, analytics, and product improvement; and (c) complying with applicable law. This license ends when you delete Your Content or your account, except for (i) aggregated or de-identified data, (ii) copies retained in routine backups for a limited period, and (iii) information we are required to retain by law.

Your responsibilities. You are solely responsible for Your Content and for ensuring you have the right to provide it. Because the App's outputs depend on the accuracy of your entries, incomplete or inaccurate entries will produce less accurate nutrition information.

Feedback. We welcome feedback, suggestions, and ideas about the App. By submitting feedback, you grant BeBa a non-exclusive, perpetual, irrevocable, royalty-free, transferable license to use it for any purpose without restriction, attribution, or compensation to you.

10. AI-Generated Content and Third-Party Data

The App uses artificial intelligence to interpret your entries and generate nutrition information, scores, and insights, and relies on third-party nutrition databases and product data sources. You acknowledge that: (a) AI-generated outputs are probabilistic and may be incorrect, incomplete, or inconsistent, including misidentifying foods or estimating nutrition values inaccurately; (b) third-party product and nutrition data may be outdated, mislabeled, or incorrect, and product formulations change over time; and (c) BeBa does not warrant the accuracy, completeness, or reliability of any output of the App. Section 3 (Not Medical Advice) applies to all outputs of the App.

11. Intellectual Property Rights

The App and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), other than Your Content, are exclusively owned by BeBa, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary laws.

You may not copy, distribute, modify, or create derivative works from any part of the App without the prior written consent of BeBa. The BeBa name, the heybeba.com domain, and all related names, logos, product and service names, designs, and slogans are trademarks of Ryme, LLC and may not be used without our prior written permission. BeBa claims no interest in marks owned by unaffiliated entities that may appear in the App.

12. Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the App in any way that violates any applicable federal, state, local, or international law or regulation;

• Impersonate or attempt to impersonate BeBa, a BeBa employee, another user, or any other person or entity;

• Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App;

• Use any robot, spider, scraper, or other automatic device, process, or means to access the App, or to copy, extract, or mine data or content from the App, including for the purpose of training machine learning or AI models, without our prior written permission;

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the extent permitted by applicable law;

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the servers on which the App is hosted, or any server, computer, or database connected to the App;

• Attack the App via a denial-of-service attack or a distributed denial-of-service attack;

• Resell, sublicense, or make the App available to third parties as part of a commercial offering; or

• Otherwise attempt to interfere with the proper working of the App.

13. Third-Party Services and Links

The App relies on services provided by third parties, including Apple, cloud hosting providers, AI service providers, and nutrition data sources, and may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over third-party services or content and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of third-party services is at your own risk and subject to their terms and policies.

14. Apple App Store Terms

The following applies to the extent you downloaded the App from the Apple App Store:

• These Terms are between you and BeBa only, not with Apple Inc. ("Apple"), and Apple is not responsible for the App or its content.

• Your license to use the App is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

• Apple has no obligation to furnish any maintenance or support services for the App.

• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are BeBa's responsibility.

• Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

• In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, BeBa, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claim.

• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

15. Termination

You may stop using the App and delete your account at any time through the App's settings or by emailing help@heybeba.com. Deleting your account does not cancel an active subscription; you must cancel through your Apple ID subscription settings as described in Section 8.

We may suspend or terminate your access to the App, or terminate your account, at any time if we believe in our sole discretion that you have violated these Terms, misused the App, or used it in a way that is unlawful or harmful, or if we discontinue the App. Upon termination, the license granted in Section 7 ends. Sections 3, 9 (with respect to the surviving license terms), 10, 11, 16, 17, 18, 19, 20, 21, and 22 survive termination.

16. Disclaimer of Warranties

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NEITHER BEBA NOR ANYONE ASSOCIATED WITH BEBA REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES THROUGH THE APP WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE APP OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY NUTRITION INFORMATION, SCORE, INSIGHT, OR OTHER OUTPUT OF THE APP IS ACCURATE, COMPLETE, OR SUITABLE FOR YOUR CHILD. BEBA IS NOT RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED ON THE APP'S OUTPUTS.

BEBA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR YOUR DOWNLOADING OF ANY MATERIAL THROUGH IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BEBA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APP, ANY CONTENT ON THE APP, OR ANY SERVICES OBTAINED THROUGH THE APP, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BEBA AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to defend, indemnify, and hold harmless BeBa, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App other than as expressly authorized in these Terms.

19. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND BEBA TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES THE RIGHT TO PARTICIPATE IN CLASS ACTIONS. YOU MAY OPT OUT AS DESCRIBED BELOW.

Informal resolution first. Before filing a claim, you and BeBa each agree to try to resolve the dispute informally. You may send us a written notice of dispute to help@heybeba.com describing the dispute and the relief sought, and we may send a notice of dispute to the email address associated with your account. You and BeBa agree to negotiate in good faith for at least sixty (60) days after such notice before initiating arbitration or any other proceeding.

Binding arbitration. Except for disputes that qualify for small claims court or that seek injunctive relief for infringement or misuse of intellectual property rights, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App that cannot be resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be conducted by a single arbitrator, in English, and may be conducted by videoconference or, if an in-person hearing is required, in the county where you reside or another mutually agreed location. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement. Judgment on the award may be entered in any court of competent jurisdiction. Payment of filing, administration, and arbitrator fees will be governed by the AAA's rules.

Small claims carve-out. Either party may bring an individual claim in small claims court in a jurisdiction where venue is proper, if the claim qualifies.

Class action waiver. YOU AND BEBA EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE PARTIES OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. If this class action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) must proceed in court, and the remaining claims will proceed in arbitration.

Coordinated filings. If twenty-five (25) or more similar claims are asserted against BeBa by the same or coordinated counsel or entities, the parties agree that the claims will be resolved in staged proceedings: the parties will each select ten (10) claims to be resolved first in individual arbitrations as bellwethers, and the remaining claims will be tolled and will not be filed until the bellwether arbitrations conclude, after which the parties will engage in a global mediation before any further claims proceed.

Opt-out. You may opt out of this arbitration agreement and class action waiver by emailing help@heybeba.com with the subject line "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms, stating your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

Severability; survival. If any part of this Section is found unenforceable, the remainder will remain in effect, except as stated in the class action waiver above. This Section survives termination of these Terms.

20. Governing Law and Jurisdiction

These Terms and any dispute arising from or relating to them or the App are governed by the laws of the State of Ohio, without regard to its conflicts of law principles, except that the Federal Arbitration Act governs Section 19. For any matter not subject to arbitration, you and BeBa agree to submit to the exclusive personal jurisdiction and venue of the Common Pleas Court of Franklin County, Ohio, and the United States District Court for the Southern District of Ohio.

21. Limitation on Time to File Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

22. Waiver and Severability

No waiver by BeBa of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by BeBa to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms continue in full force and effect.

23. Copyright Complaints (DMCA)

We respect intellectual property rights. If you believe any material available through the App infringes your copyright, you may send a notice complying with the Digital Millennium Copyright Act (17 U.S.C. § 512) to help@heybeba.com, including: your physical or electronic signature; identification of the copyrighted work claimed to be infringed; identification of the allegedly infringing material with enough detail for us to locate it; your contact information; a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. Knowingly making material misrepresentations in a notice may subject you to liability under Section 512(f) of the DMCA.

24. Entire Agreement

These Terms, our Privacy Policy, and our Consumer Health Data Privacy Policy constitute the entire agreement between you and BeBa with respect to the App and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and BeBa with respect to the App. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law. Except as expressly stated in Section 14 with respect to Apple, these Terms do not confer any rights on any third party.

25. Contact Us

Email: help@heybeba.com