Terms of Service

Effective date: June 12, 2026

1. Acceptance of Terms

By downloading, installing, or using EarHorn ("the App"), you agree to be bound by these Terms of Service ("Terms") with Braeside Dev LLC ("Braeside Dev"). If you do not agree to these Terms, do not use the App.

2. Eligibility

You must be at least 18 years old to use this App. By using EarHorn, you represent and warrant that you are at least 18 years of age.

3. Description of Service

EarHorn is a convenience application that uses your iOS devices to stream audio between a paired "baby" device and a "parent" device over a local Wi-Fi network. EarHorn is not a safety device, not a medical device, and is not certified, approved, or regulated by any government agency or safety organization.

Braeside Dev offers EarHorn as a general-purpose audio streaming application, not as a child safety device, medical device, or safety monitoring system. EarHorn has not been tested, certified, or approved to any safety standard. No representation has been made that EarHorn meets any safety standard or is suitable for use as a primary monitoring device for any vulnerable person.

4. License

Subject to your compliance with these Terms, Braeside Dev grants you a limited, personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license to download and use the App on iOS devices that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, solely for your personal, non-commercial, household use.

You agree not to:

Copy, modify, or create derivative works based on the App;
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the extent such restriction is prohibited by applicable law;
Redistribute, sublicense, lease, lend, or rent the App to any third party;
Remove, alter, or obscure any proprietary notices in the App;
Use the App for any commercial purpose or for the benefit of any third party.

5. No Substitute for Supervision

EarHorn is not a substitute for responsible, attentive, in-person adult supervision of children. You must never rely solely on EarHorn or any baby monitor to ensure the safety or well-being of a child. Always follow safe sleep guidelines and recommendations from your pediatrician and relevant health authorities. You are solely responsible for the supervision and safety of your child at all times.

EarHorn does not replace emergency services. If you believe your child needs emergency medical care, call 911 (or your local emergency number) immediately. Do not attempt to use the App to contact emergency services or as a substitute for direct emergency response.

You acknowledge that EarHorn is a passive convenience tool that does not and cannot prevent any injury, illness, or harm to any person, and that you remain solely responsible for the supervision and safety of any person in your care at all times, whether or not the App is functioning.

6. Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. EarHorn is a convenience tool, not a safety device. You assume all risks associated with the use or inability to use the App, including but not limited to the risk that the App may fail to detect, transmit, or play back audio, may experience interruptions or delays, or may cease functioning at any time without warning.

You acknowledge that you have been advised not to rely on EarHorn as your sole or primary means of monitoring a child and that you have chosen to use the App with full knowledge of its limitations as described in these Terms.

You represent and warrant that: (a) you are the parent or legal guardian of any child you monitor with the App, or you are authorized by the child's parent or legal guardian to care for and monitor the child; (b) you understand that the App is not a safety device or medical device; and (c) your decisions about the supervision of any person in your care are your own and are not made in reliance on the App.

7. Network and Technical Limitations

EarHorn relies on your local Wi-Fi network and Apple's Multipeer Connectivity framework to transmit audio. You acknowledge that:

Audio transmission requires both devices to be on the same Wi-Fi network.
Audio may be delayed, interrupted, or fail entirely due to network conditions, device settings, Wi-Fi interference, or software behavior.
The connection between devices may drop without warning and may take time to re-establish.
iOS may suspend or terminate background processes, which can interrupt monitoring.
The App may not function during power outages, device malfunctions, or when devices are out of range.
You are solely responsible for ensuring that the devices used with EarHorn are adequately charged, powered, positioned within range, properly configured, and functioning correctly. Braeside Dev has no control over your devices and is not responsible for any failure resulting from device placement, battery depletion, incorrect settings, hardware malfunction, or any other device-related issue.

8. Audio Streaming Disclaimer

EarHorn uses threshold-based audio detection, not continuous streaming. Audio is transmitted only when sound levels exceed a configurable threshold. You acknowledge that:

The App may not detect or transmit all sounds.
Quiet or gradual sounds may not trigger the threshold.
There is no guarantee that any particular sound will be captured, transmitted, or played back.
Environmental noise may cause false triggers or mask relevant sounds.
You are solely responsible for configuring the audio detection threshold. Braeside Dev does not guarantee that any particular threshold setting is appropriate for your environment.
The appropriate threshold varies based on device placement, distance from the child, background noise, and other environmental factors, and may need to be adjusted over time.

9. Third-Party Services

The App relies on third-party services and frameworks, including Apple's Multipeer Connectivity and CloudKit, to provide its functionality. Braeside Dev is not responsible for the availability, reliability, or performance of any third-party services. Changes to or discontinuation of third-party services may affect the App's functionality without notice. Your use of third-party services is subject to the terms and conditions of those services.

10. Acceptable Use

The App is intended solely for personal, household use as a convenience audio monitor. You agree not to use the App for any commercial purpose or for any purpose that violates applicable law.

You may only use EarHorn to monitor (a) a minor, with the consent of the minor's parent or legal guardian, or (b) an adult, with that adult's consent. You must not use the App to record, monitor, or transmit audio of any person without the consent required by this Section and by applicable law.

You are solely responsible for compliance with all applicable federal, state, and local laws regarding audio recording and monitoring, including but not limited to wiretapping and eavesdropping laws. Audio recording and monitoring laws vary by jurisdiction; some states require the consent of all parties being recorded. It is your responsibility to understand and comply with the laws that apply to your use of the App.

Braeside Dev does not provide legal advice regarding recording laws and is not responsible for any legal consequences arising from your use of the App to monitor or record audio.

11. Termination

Braeside Dev reserves the right to modify, suspend, or discontinue the App at any time, with or without notice, and without liability to you. We may also terminate or restrict your access to the App at any time for any reason. Upon termination, your license to use the App is immediately revoked.

The following shall survive any termination or expiration of these Terms: the restrictions in Section 4, and Sections 5, 6, 10, 12, 13, 14, 15, 16, 17, and 18.

12. Limitation of Liability

As used in this Section and in Sections 13 and 14, "Braeside Dev Parties" means Braeside Dev LLC, its members, managers, officers, employees, agents, contractors, licensors, and affiliates.

(a) Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BRAESIDE DEV PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS.

(b) Aggregate Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE BRAESIDE DEV PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD).

(c) Application. THE LIMITATIONS IN SUBSECTIONS (a) AND (b) APPLY TO ALL CLAIMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE BRAESIDE DEV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(d) Essential Purpose. YOU ACKNOWLEDGE THAT THE APP IS SOLD FOR A MODEST ONE-TIME FEE, THAT THE LIMITATIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES, AND THAT BRAESIDE DEV WOULD NOT MAKE THE APP AVAILABLE WITHOUT THESE LIMITATIONS.

(e) Severability of Limitations. EACH LIMITATION IN THIS SECTION IS INDEPENDENT AND SEVERABLE FROM THE OTHERS. IF ANY LIMITATION IS FOUND UNENFORCEABLE AS TO ANY CLAIM OR CATEGORY OF DAMAGES, THE REMAINING LIMITATIONS SHALL CONTINUE IN FULL FORCE AND EFFECT AS TO ALL OTHER CLAIMS AND CATEGORIES OF DAMAGES. IF A COURT DETERMINES THAT ANY LIMITATION IN THIS SECTION CANNOT BE APPLIED TO A PARTICULAR CLAIM, THE LIABILITY OF THE BRAESIDE DEV PARTIES FOR THAT CLAIM SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

(f) Exceptions. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. Warranty Disclaimer

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BRAESIDE DEV DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. BRAESIDE DEV DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY AUDIO DETECTION, TRANSMISSION, OR PLAYBACK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BRAESIDE DEV OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Braeside Dev Parties from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from (a) your violation of these Terms, (b) your violation of any applicable law in connection with your use of the App, or (c) your willful misuse of the App, including use of the App to monitor any person without required consent.

Braeside Dev reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with that defense. This indemnification obligation does not apply to the extent a claim arises from the gross negligence or willful misconduct of the Braeside Dev Parties.

15. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING THE FORUM IN WHICH DISPUTES WILL BE HEARD AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, A WAIVER OF THE RIGHT TO A JURY TRIAL AND OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Disputes. As used in this Section, "Disputes" means any dispute, claim, or controversy arising out of or relating to these Terms or the App.

Informal Resolution First. Before filing any claim, the party asserting a Dispute agrees to first send the other party a written description of the Dispute and to allow 30 days for the parties to resolve the Dispute informally. Written descriptions of Disputes may be sent to Braeside Dev at info@braesidedev.com or the mailing address in Section 20, and to you at any contact information you have provided to Braeside Dev. A party may file a claim only if the Dispute is not resolved within that 30-day period. Any applicable statute of limitations is tolled during that period.

Small Claims Court. Any Dispute that qualifies for small claims court may be brought by either party as an individual action in small claims court in the county (or equivalent local jurisdiction) where you reside, or in Baltimore City, Maryland. The parties agree that small claims court is the preferred forum for any Dispute within its jurisdiction.

Other Claims. Any Dispute that is not brought in small claims court shall be resolved exclusively in the state and federal courts identified in Section 18.

Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BRAESIDE DEV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found to be unenforceable as to a particular Dispute, it shall be severed as to that Dispute only, and the remainder of these Terms shall remain in full force and effect.

Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BRAESIDE DEV EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP.

16. Apple App Store

You acknowledge that these Terms are between you and Braeside Dev only, not with Apple Inc. ("Apple"), and that Apple is not responsible for the App or its content.

Maintenance and Support. Braeside Dev, not Apple, is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Questions, complaints, or claims regarding the App should be directed to Braeside Dev using the contact information in Section 20.

Warranty. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by applicable 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 Braeside Dev's responsibility.

Product Claims. Braeside Dev, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Claims. 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, Braeside Dev, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.

Legal Compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Terms and Beneficiary. You agree to comply with all applicable third-party terms of agreement when using the App. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, 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.

17. General Provisions

Entire Agreement. These Terms constitute the entire agreement between you and Braeside Dev regarding your use of the App and supersede all prior agreements and understandings, whether written or oral.

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

No Waiver. The failure of Braeside Dev to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Force Majeure. Braeside Dev shall not be liable for any failure or delay in performing its obligations where such failure or delay results from causes beyond its reasonable control, including but not limited to natural disasters, acts of government, power failures, internet or network outages, or third-party service disruptions.

Assignment. Braeside Dev may assign its rights and obligations under these Terms without your consent, including in connection with a merger, acquisition, or sale of assets. You may not assign your rights under these Terms.

Electronic Communications. You consent to receive communications from Braeside Dev electronically, including notices within the App and by email, and you agree that all agreements, notices, disclosures, and other communications that Braeside Dev provides electronically satisfy any legal requirement that such communications be in writing.

International Use. The App is offered from the United States. If you use the App from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

Privacy. Your use of the App is also subject to Braeside Dev's Privacy Policy, as updated from time to time, available within the App and incorporated into these Terms by reference.

Children. EarHorn does not knowingly collect personal information from children under 13. The App does not transmit or store audio recordings on external servers; limited alert metadata (timestamp and alert type, never audio content) is stored in your own iCloud account via Apple's CloudKit service, as described in the Privacy Policy.

Export Compliance. You agree to comply with all applicable U.S. and international export control laws in connection with your use of the App.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of law provisions. Except for small claims actions as provided in Section 15, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Baltimore City, Maryland.

19. Changes to Terms

Braeside Dev reserves the right to modify these Terms at any time. Updated Terms will be posted within the App with a new effective date. Your continued use of the App after changes constitutes acceptance of the revised Terms.

For material changes to these Terms, Braeside Dev will provide notice within the App and will require you to affirmatively accept the updated Terms before continuing to use the App.

20. Contact

If you have questions, complaints, or claims regarding these Terms or the App, contact Braeside Dev at info@braesidedev.com, via the contact information listed on the App Store, or by mail at:

Braeside Dev LLC
306 W Redwood St, STE 201
Baltimore, MD 21201
USA

Legal notices to Braeside Dev, including dispute notices under Section 15, may be sent to the email or mailing address above.