Terms of Service

**Effective date:** February 20, 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. EarHorn is classified 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, 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. ## 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. ## 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 or within Bluetooth range. - 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 individuals with the knowledge and consent of a parent, legal guardian, or authorized caregiver of any person being monitored. You must not use the App to record, monitor, or transmit audio of any person without their consent or, in the case of a minor, the consent of their parent or legal guardian. 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 sections shall survive any termination or expiration of these Terms: Sections 5, 6, 12, 13, 14, 15, 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, agents, 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 AT A NOMINAL PRICE, 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 MINIMUM EXTENT PERMITTED BY APPLICABLE LAW. ## 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. ## 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. ## 15. Arbitration and Dispute Resolution PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. **Binding Arbitration.** You and Braeside Dev agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App (collectively, "Disputes") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Any arbitration hearing shall take place in the county of your residence or, at your election, by telephone or videoconference, unless the parties mutually agree otherwise. **Arbitration Fees.** If you initiate arbitration, Braeside Dev will reimburse your AAA filing fee unless the arbitrator determines your claim is frivolous. Braeside Dev will pay all AAA administrative fees and arbitrator fees for claims under $10,000. For claims above $10,000, fees will be allocated as provided by the AAA Consumer Arbitration Rules. **Class Action Waiver.** 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 class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. **Small Claims Exception.** Notwithstanding the above, either party may bring an individual action in small claims court for Disputes within the jurisdiction of that court. **30-Day Opt-Out.** You may opt out of this arbitration provision by sending written notice to [info@braesidedev.com](mailto:info@braesidedev.com) within 30 days of first accepting these Terms. Your notice must include your name, a statement that you wish to opt out of the arbitration provision, and the date you first accepted these Terms. If you opt out, you and Braeside Dev may litigate Disputes in court. **Severability.** If any part of this arbitration provision is found to be unenforceable (other than the class action waiver above), the remaining portions shall remain in full force and effect. ## 16. Apple App Store You acknowledge that these Terms are between you and Braeside Dev only, not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance, support, or warranty services for the App. 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 with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, consumer protection claims, or intellectual property infringement claims. You agree to comply with all applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have 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. **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](/privacy), as updated from time to time, 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 data on external servers. **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. For any disputes not subject to arbitration under Section 15, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in 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 about these Terms, contact Braeside Dev at [info@braesidedev.com](mailto:info@braesidedev.com) or via the contact information listed on the App Store. *© 2026 Braeside Dev LLC. All rights reserved.*