Terms of Service

Last Updated: October 15, 2025

1. Acceptance of Terms

By accessing or using AupairSync (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and AupairSync (“we,” “us,” or “our”). Your use of the Service signifies your acceptance of these Terms and our Privacy Policy.

2. Beta Testing Program

⚠️ BETA SOFTWARE DISCLAIMER

AupairSync is currently in beta testing. The Service is provided “AS IS” and may contain bugs, errors, or incomplete features. By participating in the beta program, you acknowledge and accept the experimental nature of the software.

2.1 Beta Access

  • Beta access is granted at our sole discretion
  • We may revoke access at any time without notice or liability
  • Beta testing is free of charge; no payment is required or accepted
  • Your participation helps us improve the Service before public release

2.2 Apple TestFlight Requirements

Our iOS beta app is distributed through Apple TestFlight. By installing the app, you also agree to:

  • Apple's TestFlight Terms and Conditions
  • Provide feedback and bug reports when requested
  • Not redistribute or share TestFlight invitation links publicly
  • Understand that beta builds expire after 90 days per Apple policy

For more information, refer to Apple TestFlight Guidelines.

2.3 Beta Tester Responsibilities

As a beta tester, you agree to:

  • Report bugs, errors, and usability issues promptly
  • Provide constructive feedback to improve the Service
  • Not use the Service for production or mission-critical tasks
  • Not disclose confidential features or unreleased functionality publicly

3. Acceptable Use Policy

You agree to use the Service only for lawful purposes. You must not:

  • Abuse or Spam: Send unsolicited emails, spam, or abuse our email signup system
  • Unauthorized Access: Attempt to access accounts, data, or systems you are not authorized to access
  • Malicious Activity: Upload viruses, malware, or engage in hacking, denial-of-service attacks, or other harmful activities
  • Illegal Content: Use the Service to store, transmit, or distribute illegal content
  • Impersonation: Impersonate another person, organization, or beta tester
  • Reverse Engineering: Decompile, reverse engineer, or attempt to extract source code from the Service
  • Data Scraping: Use automated tools to scrape, harvest, or collect data from the Service

Violation of this Acceptable Use Policy may result in immediate termination of your access without notice.

4. Intellectual Property Rights

4.1 Our Rights

All intellectual property rights in the Service, including but not limited to software, design, text, graphics, logos, and trademarks, are owned by AupairSync or our licensors. These Terms do not grant you any ownership rights to the Service.

4.2 Your Rights

You retain ownership of any content you submit through the Service (e.g., feedback, bug reports). By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and incorporate your feedback to improve the Service.

4.3 Trademarks

“AupairSync” and related marks are trademarks of AupairSync. You may not use our trademarks without prior written permission.

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

  • Merchantability, fitness for a particular purpose, and non-infringement
  • Accuracy, reliability, or completeness of the Service
  • Uninterrupted, secure, or error-free operation
  • Freedom from viruses or other harmful components

You use the Service at your own risk. We do not warrant that the Service will meet your requirements or expectations, especially during the beta testing phase.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • We shall not be liable for loss of profits, revenue, data, or business opportunities
  • Our total liability for any claims shall not exceed €100 (one hundred euros)

This limitation applies even if we have been advised of the possibility of such damages. Some jurisdictions do not allow limitations on implied warranties or liability, so these limitations may not apply to you.

7. Indemnification

You agree to indemnify, defend, and hold harmless AupairSync, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit through the Service

8. Data Privacy and Security

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect your personal data.

Key points:

  • We collect only your email address for beta testing purposes
  • We use Google Analytics for anonymous usage tracking
  • You have GDPR rights to access, delete, or export your data
  • Contact privacy@aupairsync.com for data requests

9. Termination

9.1 Termination by You

You may stop using the Service at any time. To delete your account and data, email privacy@aupairsync.com.

9.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include:

  • Violation of these Terms or our Acceptable Use Policy
  • Fraudulent, abusive, or illegal activity
  • End of beta testing program
  • Business or operational reasons

9.3 Effect of Termination

Upon termination:

  • Your right to access the Service immediately ceases
  • We may delete your data in accordance with our data retention policy
  • Sections 4, 5, 6, 7, 10, and 11 of these Terms survive termination

10. Dispute Resolution and Governing Law

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles.

10.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through:

  1. Informal Negotiation: Contact us at support@aupairsync.com to resolve the issue informally (30 days)
  2. Mediation: If negotiation fails, parties agree to attempt mediation before litigation
  3. Jurisdiction: If mediation fails, disputes shall be resolved in the courts of Germany

10.3 EU Users

If you are a consumer in the European Union, you may also have the right to bring proceedings in the courts of your country of residence.

11. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

  • Update the “Last Updated” date at the top of this page
  • Notify beta testers via email for material changes
  • Provide a 14-day notice period before significant changes take effect

Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

12. Miscellaneous

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AupairSync regarding the Service.

12.2 Severability

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

12.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

12.4 Assignment

You may not assign or transfer these Terms or your rights under them. We may assign these Terms to any successor or affiliate without your consent.

12.5 No Agency

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and AupairSync.

13. Contact Information

For questions, concerns, or legal inquiries regarding these Terms:

AupairSync

General Inquiries: support@aupairsync.com

Legal Questions: legal@aupairsync.com

Privacy Requests: privacy@aupairsync.com

These Terms of Service are effective as of October 15, 2025 (Version 1.0)

By using AupairSync, you acknowledge that you have read, understood, and agree to be bound by these Terms.