These Terms of Service ("Terms") are an agreement between you and Bad Yorkie Studios LLC, a California limited liability company ("we", "us"), for the Tantrum Tracker app and its related services (the "Service"). Please read them. They are short on purpose.
1. Agreeing to these Terms
You agree to these Terms when you tap I Understand and Agree in the app, or when you sign in or create an account. If you do not agree, do not use the Service.
On iPhone, iPad and Apple Watch, your license to use the app is Apple's standard Licensed Application End User License Agreement, and these Terms apply in addition to it. If the two ever conflict, Apple's agreement governs your license to the app itself, and these Terms govern everything else. On Android, these Terms are your license to use the app.
If we change these Terms in a way that matters, the app will show you the new version and ask you to agree again before you continue. The "Last updated" date at the top always shows the current version.
2. Who can use the Service
You must be an adult, and you must be the parent or legal guardian of any child whose records you keep, or have that person's permission. If you keep records with a parent's or guardian's permission, for example as a caregiver or a professional working with the family, you are responsible for having that permission, and the parent or guardian may ask you to delete the records at any time. The Service is for adults; no part of it is designed for a child to use. The Service is offered in the United States and Canada.
3. What the Service is, and what it is not
Tantrum Tracker lets you keep records about a child's behaviour, daily health markers, notes, and photos and video, and shows them back to you as lists, a calendar, charts, and a gallery where you can view your photos and play your videos. If you subscribe, it keeps a copy in the cloud and lets you share a child's records with people you invite (a "Support Circle").
Tantrum Tracker is an informational record-keeping tool. It does not diagnose, treat, or provide medical advice, and it is not a medical device. The charts and reports are there to help you observe patterns and share them with a professional who can interpret them. Always consult a qualified healthcare provider about your child's health. Never delay seeking care, or disregard professional advice, because of something you saw in the app. The Service is a consumer product; we do not enter into business associate or similar agreements with healthcare providers.
4. Your account
You need an account only for the cloud features. Keep your sign-in details private and tell us at support@badyorkiestudios.com if you think someone else has used your account. You are responsible for what happens under your account until you do. One person, one account; you may not share an account or transfer it to someone else.
5. Your records
They are yours. We claim no ownership of anything you enter, capture, or import. You give us only the permission we need to operate the Service for you: to store your records, show them back to you, keep a cloud copy if you subscribe, make preview images of your media, and share records with the people you choose. We do not use your records for advertising, analytics, or any other purpose, and we do not sell them. How we handle them is in our Privacy Policy at https://www.badyorkiestudios.com/privacy and our Consumer Health Data Privacy Policy at https://www.badyorkiestudios.com/consumer-health-data.
Other people's information. The app lets you record details about people other than yourself (the child, a guardian, and a care provider) and lets you invite people by email. You confirm that you have the right to enter that information and to send those invitations. We use guardian and care-provider details only to show them back to you and never to contact anyone.
Sharing responsibly. If you invite someone to a Support Circle, they can see the records for the child you chose to share, according to the role you give them. You decide who to invite, and you can remove anyone at any time. Each person in a circle needs their own subscription; a circle is not a family plan. If you are a member of someone else's circle, use what you see only for the purpose you were invited for, and do not copy or share it further without the account holder's permission.
6. Consent and your rights over the records
The records concern a child's behaviour and health, and we treat all of them as health information. The app therefore asks for your consent before you create your first child's record; that consent covers every child you add. It asks again, separately, each time you share a child's records with a Support Circle. You can withdraw consent, download your records, or delete them at any time in Settings → Privacy. The details, including how to reach us by email and how to appeal a decision, are in the Consumer Health Data Privacy Policy.
7. Subscriptions
Billing is by Apple or Google, never by us. Prices are shown in the app and in the store before you subscribe. Subscriptions renew automatically until you cancel. A 7-day free trial is available once per account; if you do not cancel before it ends, the subscription begins and you are charged.
Cancelling. Subscriptions are billed by Apple or Google, so cancellation happens there. We cannot cancel or refund on your behalf.
- iPhone/iPad: Settings → tap your name → Subscriptions → Tantrum Tracker → Cancel Subscription.
- Android: open Tantrum Tracker → Settings → Manage Subscription, or go to play.google.com/store/account/subscriptions → Tantrum Tracker → Cancel.
Cancelling stops the next renewal; you keep the paid features until the end of the period you already paid for. Refunds are decided by Apple or Google under their own policies; we cannot issue them.
Price changes. If a price changes, you will be told in advance through the store, and where the store requires your agreement the subscription will not continue at the new price without it.
8. ⚠️ What happens when a subscription ends
This is the part most likely to surprise you, so we state it plainly.
If a paid subscription ends, you enter a grace period. During it you keep access to your data, you are shown how many days remain, and you can save your photos and videos to your device's photo library.
What happens at the end of the grace period: open the app and sign in, and your records and your photos and videos are moved back onto your device, where you keep them. That is true for every subscriber, whichever version you started with. The app keeps working in its free, on-device mode. You can also move them earlier, from the reminder in the app. Your cloud copy is removed once the move completes; resubscribing later moves everything back to the cloud.
If you do not open the app, nothing is moved: your cloud data is deleted no sooner than 30 days after your subscription ends, and only for accounts that have not returned by then. We email you, and if your device allows it we also send you a notification, before anything is deleted, with reminders as the deadline approaches. Resubscribing at any point during the grace period stops the process entirely.
Support Circles. If you own a Support Circle and your subscription ends and the grace period passes, the circles you own close and their members lose access to the records you shared with them; you keep the records on your own device once you open the app. If your own subscription ends while you are a member of someone else's circle, you leave it.
Your part: keep the email address on your account current, and open the app when the grace period ends, or during it. If you do neither, the cloud copy is deleted after the notices are sent, and we cannot recover it for you.
9. Using the Service properly
Do not use the Service to break the law, to harm anyone, to store content you have no right to store, to access another person's account or records, or to interfere with the Service or the systems behind it. Do not reverse engineer the app except where the law allows it regardless of this sentence. We may suspend or close an account that does these things; we will tell you why unless the law prevents it.
10. Our rights in the Service
The app, its design, its name, and its code are ours or our licensors', and are protected by copyright and trademark law. You get a personal, non-transferable license to use the app as these Terms and the store's agreement allow, and nothing more. Your records remain yours (§5).
11. Third-party services
The Service uses Apple, Google, and a subscription-management provider to sign you in, bill you, store your data, and collect usage statistics that are not tied to your account (never your records). Your use of the App Store or Google Play is governed by their terms. We choose these providers carefully and bind them by contract, but we do not control them.
12. No warranty
To the fullest extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not promise that the Service will be uninterrupted or error-free, or that any information in it is complete or correct. Some places do not allow limits on implied warranties, so some of this may not apply to you. On Apple platforms, Apple's Licensed Application EULA contains the same disclaimer and it applies as well.
Availability and support. We provide the Service and support on a best-effort basis. The Service may be interrupted or delayed by maintenance, outages at our providers, app store or operating system changes, or events beyond our control, including our own unavailability, and we do not promise any response or repair time. Your records are not lost by an interruption: on-device records stay on your device, and cloud records stay in our cloud storage until the Service returns or you delete them, unless your subscription has ended (§8). Any refund for a period the Service was unavailable is handled by Apple or Google under their policies.
13. Limitation of liability
To the fullest extent the law allows: we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost data, lost profits, or the cost of substitute services, arising from the Service or these Terms, however caused. Our total liability to you for all claims together will not exceed the greater of (a) the amount you paid us for the Service in the twelve months before the claim, or (b) fifty dollars ($50). These limits do not apply to liability that cannot be limited by law. On Apple platforms, Apple's Licensed Application EULA sets its own limit, which is never lower than fifty dollars, and these Terms do not reduce it.
14. Your responsibility to us
If someone brings a claim against us because of records you entered without the right to, an invitation you sent without permission, or your breach of these Terms, you will cover our reasonable costs of dealing with it, to the extent the claim was caused by you.
15. Ending the agreement
You can stop using the Service at any time. Deleting your account ends the agreement for the cloud features; §8 describes what happens to your data. Deleting all your records in Settings → Privacy removes the records but keeps your account and any subscription. Cancel the subscription in the store (§7) if you no longer want it. We can end the agreement if you breach these Terms (§9) or if we discontinue the Service, in which case we will give you reasonable notice and a chance to download your records first. Sections 5, 10, 12, 13, 14 and 16 survive.
16. Disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Sacramento County, California, including its small claims court, and you and we each agree to that venue. If you live in Canada, nothing in this section takes away protections that the law of your province gives you and does not let you give up.
17. General
If part of these Terms is found unenforceable, the rest still applies. If we do not enforce a term today, we can still enforce it later. These Terms, together with the Privacy Policy, the Consumer Health Data Privacy Policy, and (on Apple platforms) Apple's Licensed Application EULA, are the whole agreement between you and us about the Service. You may not transfer this agreement; we may transfer it to a successor as described in the Privacy Policy, with notice to you.
18. Contact
support@badyorkiestudios.com
Bad Yorkie Studios LLC, 2108 N St Ste N, Sacramento, CA 95816