Terms & Conditions

Parent Sense App
Most recent Update:
08November 2023

1. BINDING AGREEMENT
1.1. These Parent Sense App Terms and Conditions (the “Agreement”) constitute a binding agreement between you, the User, and Sense-IT Limited (“us”, “we”) regarding your access and use of the Parent Sense mobile application and our websites currently located at www.parentsense.app; www.megfaure.com and www.sense.megfaure.com, as well as any other media form, media channel, mobile website, mobile application or other website related, linked, or otherwise connected thereto (collectively, the “Site”).
1.2. You agree that by accessing the Site or the Content, you have read, understood and you agree to the terms of this Agreement. You accept and agree that, should you object to any term in this Agreement, you have the option not to proceed with accessing the Site or the Content.
1.3. When you access the Site or the Content, you warrant that you have legal capacity and are not a minor in your own jurisdiction and / or the jurisdiction governing this Agreement, alternatively that you have your parents’ or legal guardians’ authorisation, consent and permission to access the Site or the Content and to be bound by this Agreement.
1.4. This Agreement is effective immediately upon your accessing the Site or the Content.
1.5. We reserve the right to add to, amend, vary, update and / or replace (“Update”) this Agreement at any time, and we will alert you thereto by reflecting the date of the most recent Update. You accept that it is your duty and responsibility to periodically review this Agreement for its most recent Update. You will be subject to, and will be deemed to have been made aware of and accepted any Update by your continued access to the Site or Content after the date any Update has been made.
1.6. For information about our privacy practices, including how we process your personal data, please refer to our Privacy Policy, which incorporated by reference in this Agreement.

2. SERVICES PROVIDED
2.1. The Content provided on and through the Site was created and/or curated by, or in collaboration with allied health professionals, Meg Faure, who has an Occupational Therapy qualification from the University of Cape Town, and has continued to study in the areas of Sensory Integration, Neuro-development therapy, DIR Floortime, and Infant Mental Health, and paediatric dietician, Kath Megaw.
2.2. Using the content created by Meg Faure and collaborators over their many years in practice as well as questions, comments and engagement from parents with Meg Faure on her website and social media, we have created a chatbot. The chatbot is designed to help parents by providing them with direct advice to their questions thereby offering parents accurate and appropriate responses to their questions.
2.3. We do not represent Meg Faure, Kath Megaw or any person affiliated with us to be registered, qualified, engaged or practising in any particular field or occupation, in any jurisdiction.
2.4. We believe that the Site and Content provided by us was responsibly drafted, however, the use of the Site and/or the Content is intended for guidance purposes only and does not constitute professional advice of any kind, be it legal, professional, medical, personal or otherwise, and we recommend that you seek your own advice from a professional in your area.

3. USING OUR CHATBOT
3.1. Our chatbot is designed using artificial intelligence software from OpenAI through its chatbot technology, ChatGPT. Although we have taken care to provide the chatbot with as much learning material as possible, it’s responses are not vetted or reviewed by a person.
3.2. The chatbot is designed to take the library of learning material we provided to it, to answer your questions. It then uses these questions to learn and grow its understanding to better answer questions in future. If the question you ask or the prompt created, cannot be accurately answered using the library of learning material we provided, the chatbot may use its prior knowledge to answer your question. This prior knowledge comes from the information already learnt by ChatGPT.
3.3. You understand and agree that, the information and responses generated by the chatbot are for information purposes only. We cannot guarantee the accuracy or correctness of any information provided by the chatbot nor that response will exclude any defamatory or offensive information. Moreover, the responses generated by the chatbot are not and should not be considered as a substitute for professional advice, the chatbot is in no way a medical device or software. You acknowledge that you are responsible for creating prompts and for deciding whether it is appropriate to use the response for your proposed purpose. We shall not be liable for any claims or losses resulting from any inaccuracies nor offensive or defamatory content in the response or your reliance on any information or responses generated by the chatbot. We encourage all users to speak to an appropriate professional where they are concerned about the health and wellbeing of their child.
3.4. We take all reasonable measures to ensure the availability of the chatbot but cannot be held responsible for any inconveniences or loss experienced due to any technical issues or system downtime.
3.5. Our chatbot was built to answer questions and converse on a variety of topics related to child care, however most of the content it learned from was sourced from English-language material. You are therefore welcome to converse with the chatbot in the language of your choice, but must understand that the chatbot may experience limitations in understanding certain languages and dialects. The responses provided by the chatbot may therefore not be as accurate in all languages and dialects and you understand that we cannot be held responsible for any such inaccuracy.
3.6. We encourage you to be responsible in your usage of the chatbot. There is no fixed limit on the number of messages or prompts that you may engage in within a 24-hour period. However, we reserve the right to limit the number of interactions where it is clear you are making repetitive or excessive prompts or prompts in violation of these Terms.
3.7. Our chatbot is powered by the artificial intelligence software ChatGPT which is owned and operated by OpenAI. By using the Services, you agree to be to bound by the policies of OpenAI and agree that they will be incorporated into these Terms by reference.
3.8. Open AI has a Usage Policy that regulates what their models cannot be used for. It is important for you to consider the disallowed usages and ensure that you do not violate these terms.
3.9. These disallowed uses include: Illegal activity; Child Sexual Abuse Material or any content that exploits or harms children; Generation of hateful, harassing, or violent content; Generation of malware; Activity that has high risk of physical harm; Activity that has high risk of economic harm; Fraudulent or deceptive activity; Adult content, adult industries, and dating apps; Political campaigning or lobbying; Activity that violates people’s privacy; Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information; Offering tailored financial advice without a qualified person reviewing the information; Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition; High risk government decision-making.
3.10. If you are found to violate the usage policy or any provision of these Terms, we reserve the right to restrict and/or terminate your use of the chatbot.
3.11. If you experience any responses from the chatbot that resemble any of the above disallowed uses, please report it to us immediately using any of contact details below.

4. LIMITATION OF LIABILITY AND INDEMNITY
4.1. Limitation of liability:
4.1.1. You access and use the Site and the Content at your own risk, and we will not be liable for any Loss whatsoever arising in connection with your use of the Site, any inability to access the Site, or your reliance on the Content or third party content obtained from or transmitted using the Site, to the fullest extent permissible by law, even if we were negligent or aware of the problem in advance.
4.1.2. All content, information, and/or opinions made available in relation to any of the Services are those of the authors and/or the chatbot software and not Sense-IT. While we make every reasonable effort to present such information accurately and reliably we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information.
4.2. Vaccination information: We currently only provide vaccination information for a limited number of jurisdictions. It is your responsibility to ensure that you obtain the correct vaccination information for your child and in terms of your jurisdiction.
4.3. Indemnity in case of your breach: You agree to indemnify and hold us harmless from any claim or demand, including attorneys’ fees on a party and own client scale, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
4.4. No warranty on third party content: We do not make any warranties, representations or undertakings, express or implied, about the Content of the Site or about the content of any other website which may be referred to or accessed by hypertext link from this Site, and we do not endorse or approve the content of such third party websites. In particular, and as far as permitted in law, we disclaim all warranties implied by law and we do not make any representations as to the accuracy, suitability, non-infringement, availability, timeliness, security, completeness or reliability of information contained on the Site and we shall not be bound in any manner whatsoever by the information contained on the Site, notwithstanding any errors and omissions.
4.5. No representation on safety of use: We do not represent that this Site is free of viruses or bugs or anything similar, which may have a harmful effect on any technology or that the Site is compatible with all computer systems and browsers. Any material and/or information downloaded or otherwise obtained through the access of the Site is thus done at your sole discretion and risk and you are solely responsible for any damage to your computer / mobile system or loss of data that results from the download of any such material.
4.6. No liability on third party events, services or products: We do not endorse any events, products or services posted, promoted and/or listed by any User on our site, and our display of any events, services or products should not be construed as any form of endorsement thereof. All arrangements regarding such events, products and services are to be made directly with the relevant User and are made at your own risk and we accept no liability regarding any event, service or product advertised, supplied or otherwise promoted on the Site by any third party or any arrangements made in respect thereof, or otherwise incurred in connection with any such events, products or services.

5. ACCESS
5.1. Access to the Site and any Content is reserved for natural persons with legal capacity, and over the age of majority in the jurisdiction in which the Site and Content is accessed and in the jurisdiction which law governs this Agreement.
5.2. Certain access and Content on or through the Site are provided free of charge, while other parts of the Site may be restricted to those Users registered with us (“Members”). Access to additional Content or services within our Site is available to Subscribers.
5.3. Subject to the terms of the type of access provided, we grant you, the User, a non-exclusive, non-transferable, revocable, limited license to view and print the Content retrieved from the Site only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Site in any other manner or for any other purpose without our prior written permission. All rights not expressly granted in this Agreement are expressly reserved.
5.4. You agree to keep your registration and / or subscription details, and in particular your password, confidential. You have the sole responsibility for all the use and access of the Site through your account, subscription, and / or electronic device.
5.5. We reserve the right at all times, and without any obligation to provide a reason, to refuse access to the Site to any person, discontinue access to the Site at any time, in general or to any specific persons, and to amend, vary or substantially replace the Site, and / or to terminate the Site or any part of it without prior notice. Any amendment, variation or replacement of the Site will also be subject to this Agreement.

6. PLATFORM SUBSCRIPTION
6.1. Subscription: In order to access the whole or any part of our Site or Content which is restricted for access by Subscribers, you will, where required by us, have to subscribe by registering and providing an accepted payment method. Unless you cancel your subscription before your next billing date, you authorise us to charge the Subscription Fee for the next billing cycle.
6.2. Period of subscription: Your subscription will continue until terminated.
6.3. Subscription Fees:
6.3.1. Different subscription options are available. The Subscription Fee and billing cycle options are displayed on our Site and may be changed at any time without notice; and the Subscription Fee displayed may vary between different parts of our Site.
6.3.2. Switching subscription options or mobile devices: You may switch between the available subscription options at any time, and the mobile application of our Site may be accessed from a different device where the Subscriber changes mobile devices. Subscribers are prohibited from accessing the Site, Content or services other than as intended in terms of this Agreement, and any abuse or attempted circumvention on the restrictions of access may result in the immediate termination of your subscription, without any refund.
6.4. Free trial: Your subscription may start with a free trial, subject to our sole discretion. The duration of the free trial period will be specified during registration and is intended to allow new Subscribers to try the Site. Unless you cancel your subscription prior to the end of the free trial period, we will charge the monthly Subscription Fee as may apply from time to time for the next billing cycle at the end of your free trial period, save where you have elected a different subscription option.
6.5. Termination of subscription: You may cancel your subscription at any time. If you want to cancel your subscription for IOS please follow the instructions on the below link:. https://support.apple.com/en-za/HT202039. If you want to cancel your subscription for Android please follow the instructions in the link provided; https://support.google.com/googleplay/workflow/9827184?hl=en.
6.6. Refunds: You may cancel your subscription on the app store and your refund will be subject to the terms of the relevant app store. For purchases made through our website or directly with us, you may request a refund within 14 days of initial subscription. Thereafter, payments are non-refundable and we do not provide refunds or credits to any partial billing periods.
6.7. Billing cycle / period: The length of your billing cycle or billing period will depend on the type of subscription you have elected, and the date on which your subscription commenced. In general, you can expect the payment date for your billing cycle to be 5 – 10 Business Days prior to the start of the next billing period.
6.8. Access to caregivers: Subscribers may provide access to the Site to any two other persons (‘caregivers’) at a time, who may access the Site in terms of the subscription of the Subscriber. Any person accessing the Site through the subscription of a Subscriber is a User and is bound by this Agreement.
6.9. Registration of further pregnancies: Subscribers may enter the details of one pregnancy for which tailored Content will be provided through the mobile application.
6.10. Unlimited subscription: The unlimited (lifetime or premium website) subscription option provides for a once-off payment for access to the Site for an unlimited period. As stated herein, we reserve the right to vary, replace or terminate the Site at any time and will not be liable for any Loss arising as a result thereof. We will not provide a refund to any Subscribers under the unlimited subscription where the Site or access to the Site is varied, replaced or terminated.
6.11. Corporate Client Benefits: Any access which you may obtain to the Site as a result of a benefit offered to you by any of our corporate clients will be subject to additional terms and conditions pertaining to that benefit (“the Benefit Terms & Conditions”) which are incorporated by reference in this Agreement. The Benefit Terms and Conditions will be included in all correspondence sent to you about your benefit and will require you to permit us to share your personal data, Site uptake and usage data with our corporate clients in order for you to take up the benefit and have access to the Site.

7. AIAH AI CHATBOT SUBSCRIPTION
7.1. Free Use: When using the Aiah ChatBot for the first time, you will receive free access for up to 12 prompts or questions. Should you wish to continue utilising our AI Chatbot Service, you will be required to select and pay one of our Aiah AI Chatbots Service plans.
7.2. Subscription Plans: We have various plans available which each offer a specified number of messages for use on the Chatbot. You will therefore be limited when using the Chatbot, to the number of messages linked to your selected plan. After you have utilised the number of messages in your selected plan, you have the option of to resubscribe to a different plan should you wish to continue using the AI Chatbot Service.
7.3. Payment Method: We accept payment via Stripe: credit card, debit card, and PayPal. Details of payment methods will be provided upon confirmation of the selected plan.
7.4. End of Use: Your subscription does not automatically renew. Once you use the total number of message prompts for your subscription it will automatically end and you will have the option of resubscribing or ending your use.
7.5. Refunds: You are entitled to a refund within 28 days of the initial payment if you are unhappy with your Chatbot’s performance. After the initial 28 day period, we do not offer refunds for partially used service periods. In the event of service cancellation, the service will remain active until the end of the billing cycle.
7.6. Corporate Users: If you are utilising our AI Chatbot through one of our corporate clients, we reserve the right to throttle your usage based on our contract with the particular corporate partner. This may differ per corporate client.
7.7. Data Handling After Cancellation: Upon service cancellation, all personal data will be processed as per our Privacy Policy. Please refer to the Privacy Policy for more details.

8. NOTIFICATION AND PERMISSIONS GRANTED
8.1. You accept that the Site will need certain permissions (including, but not limited to notifications on your mobile device) from you in order to function as designed by us, and that if you do not provide these permissions, it is likely that the Site will not function as designed, and / or that your use of and access to the Site may be limited, restricted, or denied.
8.2. You accept that from time to time we may need to amend, adjust, or extend the permissions needed for the Site to function as designed. We accept no liability for any Loss to you or a third party if you can no longer access or use the Site in the same manner as before if you do not grant the necessary adjusted permissions.

9. PROTECTION OF OUR COPYRIGHT, INTELLECTUAL PROPERTY AND TRADEMARKS
9.1. The Site is our property. All right to, title to, and interest in the Content available via the Site, the Site’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Site, and any URLs, are our property, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
9.2. You acknowledge that we also own any intellectual property rights in the compilations, collective works and derivative works created by us which may incorporate the content of Users.
9.3. No part of this Site (including its source HTML code) may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this Site, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its Content. Framing of the Content on the Site without our prior written consent is expressly prohibited.
9.4. If you submit any content to our website, you grant us an irrevocable, perpetual, worldwide and royalty-free license to use, compile, display, publish, publicly perform, reproduce, distribute, broadcast, lease, adapt, modify and promote such content in any manner of form, which license will survive termination of any contractual arrangement between us.

10. WARRANTIES
You hereby warrant that:
10.1. all registration and / or subscription information you submit is true, accurate, current and complete;
10.2. you will maintain the accuracy of such information and promptly update such registration or subscription information as necessary;
10.3. you will abide by OpenAI’s Usage Policy and shall not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Services or the chatbot including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
10.4. you understand that any information, questions or prompts, you input into the chatbot may be used to train the chatbot and will be processed by us in accordance with our privacy policy, if the information you are inputting does not belong to you, you should ensure you have consent from the owner before inputting such content. Care should be taken before sharing any proprietary or confidential information, or personal data as it may not be possible to delete such information after it is submitted. You hereby indemnify us against any damages, loss or third party claims you may suffer as a result of inputting inappropriate information;
10.5. you understand that AI can produce duplicate responses due to the nature of the AI and machine learning. We therefore cannot guarantee that the responses provided shall be unique when generated for you, nor that it has not used a third party’s IP in the creation of such response. We further cannot guarantee that you will own the copyright in any response of the chatbot.
10.6. you will use the Site only for legal and authorised purpose; and
10.7. your use of the Site will not violate an applicable law or regulation.

11. PROHIBITIONS ON USE
Unless you have our prior written specific permission, you may not –
11.1. use the Site for any purpose other than that for which we make the Site available;
11.2. sell or transfer your account or subscription;
11.3. use the Site in a manner that would bring us into disrepute;
11.4. access the Site through automated or non-human means;
11.5. systematically retrieve data or other Content from the Site to create, compile, directly or indirectly a collection, compilation, database or directory, without our prior written permission;
11.6. make any unauthorised use of the Site, including collection of usernames and / or email addresses of Users by electronic or other means for the purpose of sending unsolicited correspondence, or creating user accounts by automated means or under false pretences;
11.7. use the Site to advertise or offer to sell goods or services;
11.8. do or try to do anything to circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use or access of the Site and/or Content provided therein;
11.9. do anything to trick, defraud, or mislead us or other Users, or to impersonate, harass, abuse, harm, intimidate or threaten another person;
11.10. use the Site as part of any effort to compete with us or otherwise use the Site for any revenue-generating enterprise;
11.11. attempt to use or access our property by attempting to decipher, decompile, disassemble, reverse engineer, copy or adapt any of the software comprising or un any way making up a part of the Site;
11.12. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices.

12. FORUMS
12.1. We may provide space for discussion between Users on our Site, (including but not limited to our ‘forums’ and our social media pages).
12.2. You are responsible for anything which you submit or post on our Site, and you will be solely liable for any Loss arising therefrom. All content posted on or through our Site must comply with our Contributor Guidelines.
12.3. We do not control or screen the content of what is posted to, from or via the Site by our members or third parties, and accordingly we do not guarantee its accuracy, integrity or quality or that it will not be objectionable to you. You should not place any reliance on, nor will we be responsible or liable for anything which has been transmitted or received from any thirty party.
12.4. You are not permitted to transmit to, from or via or post on the Site anything that you do not have a clear right to use. You must ensure that you do not transmit or post, intentionally or inadvertently, on the Site any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment.
12.5. We reserve the right, in our sole and absolute discretion, and without notice, to remove any material, including any username, you have submitted to the Site and/or to suspend and/or terminate your membership, registration, subscription, access and/or use of any or all of the Content, services and/or the Site at any time without notice.
12.6. We may record, preserve and disclose anything which has been transmitted to, from or via or posted on the Site, where required by law or where we are acting in good faith.

13. GOVERNING LAW
13.1. This Agreement shall be governed and construed in accordance with the laws of the Bailiwick of Jersey and you hereby irrevocably submit to the non-exclusive jurisdiction of the Jersey courts in connection with this Agreement.
13.2. You hereby irrevocably and unconditionally waive any (i) objection which you may have now or at any time to the commencement of any proceedings in any such court as is referred to in this paragraph; and (ii) claim that any such proceedings have been commenced in an inconvenient forum.
13.3. You hereby unconditionally agree that a judgment in any proceedings brought in any such court as is referred to in this paragraph shall be conclusive and binding upon you and may be enforced in the court of any other jurisdiction.
13.4. You agree to use this Site in accordance with these terms of use, and all laws, regulations and codes of conduct (including self-regulatory) applicable to you and your use of the Internet, the Content and services provided to you on the Site. In particular, you agree to use the Site, its Contents and services only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of or enjoyment of the Site by, any third party.
13.5. The Site is not intended for use or access by any person in any jurisdiction where such use or access would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

14. COMPLAINTS PROCEDURE
14.1. All complaints, questions and feedback can be directed to i[email protected].
14.2. If you know of, or suspect any fraudulent or illegal activity, abuse of information or services, or unethical / inappropriate behaviour, users can use our 100% anonymous tip-off line to report any issues or concerns. https://parentsense.app/anonymous-tip-offs/

15. INTERPRETATION
15.1. In this Agreement –
15.1.1. clause headings are for convenience only and are not to be used in its interpretation;
15.1.2. an expression which denotes any gender includes the other genders, a natural person includes a juristic person and vice versa; and the singular includes the plural and vice versa; and
15.1.3. Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Agreement.
15.2. In this Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them –
15.2.1. “access” includes the use of a service on the Site, and vice versa;
15.2.2. “Business Day” means a day (other than a Saturday or a Sunday or a public holiday) on which banks are open for normal business in Jersey;
15.2.3. “Content” means any information, data, text, software, sound, photographs, graphics, video, messages, pre-recorded or live stream parenting courses, podcasts, comments, ideas, guidance, articles, feedback, suggestions and the tags contained on the Site;
15.2.4. “Loss” includes any claims, or loss of profit, revenues, goodwill, opportunity, business, anticipated saving and/or other direct or indirect or consequential loss of any kind in statute, contract, delict (including negligence and gross negligence) or otherwise;
15.2.5. “Member” means any registered User of our Site;
15.2.6. “Subscriber” means any Member who has paid the Subscription Fee in order to subscribe to our Site or gain access to any Content including any Member who receives the benefits of any such subscription or access;
15.2.7. “Subscription Fee” means the cost of subscribing to the subscription plans or paying for access to any Content on our Site, as may be applicable from time to time;
15.2.8. “us”/“we” refers to and includes Sense-IT Limited (registration number 129850) registered in Jersey (with registered address at No. 2, The Forum, Grenville Street, St Helier, JE1 4HH, Jersey) our parent company, subsidiaries, officers and employees, owners, affiliates, directors, agents, suppliers, service providers and our business;
15.2.9. “User” means any user of the Site, including any advertiser, subscriber, blogger, member, contributor or other person accessing the Site; and
15.2.10. “you” means a User.