Terms of Service

Please read these Terms of Service ("Terms") carefully before using ShapingLittleOnes.com ("the App"). By accessing or using the App, you ("User", "you", or "your") agree to comply with these Terms. If you do not agree to these Terms, you may not use the App. Dawn Era Digital Inc. DBA Shaping Little Ones ("Dawn Era Digital Inc.", "we", "us", or "our") reserves the right to modify these Terms at any time without prior notice, and continued use of the App after such modifications constitutes acceptance of the updated Terms.

1. Acceptance of Terms

By downloading, accessing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

The App is intended for users who are at least 18 years of age. If you are under 18, you must not use the App unless you are under the direct supervision of a parent or legal guardian. By using the App, you represent that you meet these eligibility requirements.

3. Account Registration

To use certain features of the App, you may need to create an account. When creating an account, you agree to provide accurate, current, and complete information and to keep such information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you suspect unauthorized access to your account, you must notify us immediately.

4. Photo Upload and Authorization

As part of the App's functionality, you may upload photos of your children or others (collectively, "Photos"). By uploading a Photo, you represent and warrant that: a. You own or have the legal right to upload the Photo and authorize its use in accordance with these Terms; b. You have obtained the necessary consents from any individuals (including minors or their parents or legal guardians) whose likeness is depicted in the Photo, including the authorization to use facial recognition data for personalization purposes; c. The Photo does not violate any third-party rights, including intellectual property, privacy, or publicity rights.

You acknowledge that uploading Photos without proper authorization may result in account suspension or termination, as well as legal consequences.

5. Facial Recognition Data

The App uses facial recognition technology to process the Photos you upload for the purpose of creating personalized products. By uploading a Photo, you explicitly consent to the collection, analysis, and temporary storage of facial data extracted from the Photo for the purpose of fulfilling your order. We do not use facial recognition data for any purpose other than providing the App's services. Facial data is temporarily stored for processing and deleted once processing is complete.

6. License to Use Uploaded Content

By uploading a Photo, you grant Dawn Era Digital Inc. DBA Shaping Little Ones a limited, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display the Photo solely for the purpose of providing the App's services (e.g., creating and delivering personalized products). This license does not extend to marketing or promotional use without your explicit written consent. You retain all ownership rights to your Photos.

7. Prohibited Uses

You agree not to: a. Upload Photos or content that is defamatory, obscene, pornographic, or otherwise objectionable; b. Use the App for any unlawful or fraudulent purposes; c. Attempt to interfere with the operation of the App, including through unauthorized access, hacking, or the use of malicious software; d. Violate any applicable local, national, or international laws or regulations.

8. Intellectual Property

All intellectual property rights in the App, including but not limited to the software, design, text, graphics, and trademarks, are owned by Dawn Era Digital Inc. DBA Shaping Little Ones or its licensors. You may not copy, distribute, modify, or create derivative works of the App or its content without our prior written consent.

9. Third-Party Services

The App may integrate with or link to third-party services, including payment processors and delivery providers. We are not responsible for the content, policies, or practices of these third-party services. By using the App, you agree to comply with the terms and policies of any third-party services you interact with through the App.

10. Payment and Refunds

All payments for products or services purchased through the App must be made in accordance with the payment terms provided at the time of purchase. Due to the personalized nature of our products, all sales are final, and refunds will only be issued in accordance with our Refund Policy, available at ShapingLittleOnes.com/refund.

11. Disclaimer of Warranties

The App is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the App's operation or the information, content, or materials included therein, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the App will be uninterrupted, error-free, or secure.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Dawn Era Digital Inc. DBA Shaping Little Ones shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of the App, even if we have been advised of the possibility of such damages. Our total liability for any claim arising out of or relating to these Terms or the App shall not exceed the amount you paid to use the App in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Dawn Era Digital Inc. DBA Shaping Little Ones, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or related to your use of the App, your violation of these Terms, or your violation of any rights of another party.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or the App shall be resolved exclusively in the state or federal courts located in New York, New York, and you consent to the personal jurisdiction of such courts.

15. Dispute Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve any disputes informally by contacting us through our Contact page. If the dispute cannot be resolved informally within thirty (30) days, you agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

16. Termination

We reserve the right to suspend or terminate your access to the App at any time, with or without notice, for any reason, including but not limited to a violation of these Terms. Upon termination, your right to use the App will immediately cease, and we may delete any data associated with your account.

17. Privacy Policy

Your use of the App is also governed by our Privacy Policy, available at ShapingLittleOnes.com/privacy-policy. By using the App, you consent to the collection and use of your information as described in the Privacy Policy.

18. Modifications to the App

We reserve the right to modify, suspend, or discontinue the App or any part thereof at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the App, constitute the entire agreement between you and Dawn Era Digital Inc. DBA Shaping Little Ones regarding your use of the App.

21. Waiver

The failure of Dawn Era Digital Inc. DBA Shaping Little Ones to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

22. Assignment

You may not assign or transfer these Terms, in whole or in part, without our prior written consent. We may assign or transfer these Terms without restriction.

23. Contact Information

If you have any questions about these Terms, please contact us through our Contact page.