These Terms of Use (the “Terms”) govern your use of the FirstBorn iOS app and related services (the “App”), published by A & A Design Inc. (“A & A Design,” “we,” “us,” or “our”). They supplement Apple’s standard Licensed Application End User License Agreement (the “Apple Standard EULA”). By downloading or using the App, you agree to these Terms and to the Apple Standard EULA. If you do not agree, do not use the App.
FirstBorn is a wellness and educational product. It is not a medical device and does not provide medical advice, diagnosis, treatment, or any guarantee of fertility or conception. Its scores, estimates, and content are for general information and self-tracking only and are not a substitute for professional medical advice. Always consult a qualified healthcare provider about your health, fertility, medications, or your partner’s cycle, and never disregard or delay professional advice because of something in the App. If you think you may have a medical emergency, call your doctor or emergency services.
Your license to use the App is the Apple Standard EULA, supplemented by these Terms and our Privacy Policy, which is incorporated by reference. If these Terms conflict with the Apple Standard EULA, these Terms govern to the extent permitted, except where Apple’s terms must control.
The App is for adults only. You must be at least 18 years old to use it, and by using it you represent that you are 18 or older and able to enter into these Terms.
FirstBorn helps you track everyday habits and reflect on their consistency during a structured preconception journey. It also lets you log conception-related activity and optional partner-cycle timing for your own planning. As stated above, it is educational and for wellness only, is not a medical device, and provides no diagnosis, treatment, or guarantee. Habit Readiness is a proprietary, nonclinical reflection based on the information you record; it does not measure sperm or fertility and does not predict conception or pregnancy. Calendar estimates may be inaccurate. You are responsible for decisions you make using the App.
FirstBorn has no account and no login. Your entries are stored on your device, as described in the Privacy Policy. You may permanently erase your information at any time using Settings → Erase All Data, or by deleting the App. Because your data lives on your device, keeping your own device backup is the way to preserve it; we cannot recover information for you because we do not have it.
If you choose to export or share a file, image, milestone, or partner update, Apple’s share sheet sends the selected item to the person, app, or service you choose. You are responsible for checking the item and recipient before sharing and for obtaining any permission needed to share information about another person.
Subject to these Terms and the Apple Standard EULA, we grant you a limited, personal, non-transferable, non-exclusive, revocable license to use the App on an Apple-branded device that you own or control, for your personal, non-commercial use. You may not copy, modify, reverse engineer, decompile, or create derivative works of the App except as permitted by law, nor rent, sell, or sublicense it.
You agree not to use the App unlawfully; to interfere with or compromise its integrity or security; to attempt to gain unauthorized access to any system; or to use the App in any way that infringes the rights of others. You are responsible for the accuracy of the information you enter.
FirstBorn lets you optionally record another person’s information — in particular a partner’s menstrual-cycle dates — to estimate timing for your own planning. You may enter another person’s information only if you have that person’s knowledge and permission to do so. You are solely responsible for obtaining any necessary consent and for how you use these estimates, which are approximations and not medical advice.
If you grant access, the App reads certain activity data (such as sleep, exercise, active energy, steps, and workouts) from Apple Health to support its features. The App does not write to Apple Health. You control this permission in iOS Settings and can use manual logging instead. Your use of Apple Health is also subject to Apple’s terms.
All features in the current launch version are included with the App Store download. No subscription or in-app purchase is required. A future version may offer optional auto-renewing subscriptions. If a subscription is offered, it will be clearly identified before purchase, processed by Apple through your Apple Account, and governed by the terms below. We do not receive or store your payment-card details.
If subscriptions become available, the App will display the localized price and the full amount that will be charged before purchase. Prices may vary by region and over time; the price shown by Apple at confirmation applies. Where Apple Family Sharing is enabled for a plan, eligible members of your Apple Family group may share access.
If a subscription is offered and purchased, payment is charged to your Apple Account at confirmation. It renews automatically for the same period at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period, and your Apple Account is charged for renewal within 24 hours before the period ends. If a free trial is offered and you purchase a subscription before it ends, the trial’s unused portion is forfeited where applicable. Manage or cancel an active subscription, and turn off auto-renewal, in iOS Settings → Apple Account → Subscriptions.
Purchases are subject to Apple’s policies, and refunds are handled by Apple, not by us. You may request a refund at reportaproblem.apple.com. Except where required by law, payments are non-refundable.
The App, including its software, design, text, graphics, and logos, is owned by A & A Design Inc. or its licensors and is protected by law. Except for the license granted above, no rights are transferred to you. “FirstBorn” and related marks are our property.
The App relies on Apple for distribution and, if purchases are offered in a future version, in-app purchase processing. It also uses optional Google Firebase Analytics. Your use of those services may be governed by their own terms and privacy policies, and we are not responsible for them. You acknowledge that these Terms are between you and A & A Design Inc. only, and not with Apple. Apple has no obligation to provide support or maintenance for the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them. We — not Apple — are solely responsible for the App and its content, for addressing any claims relating to the App (including product-liability, legal-compliance, or intellectual-property claims), and for handling your inquiries.
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the App will be uninterrupted, error-free, or accurate, or that its scores or estimates will produce any particular result. As stated above, the App is not medical advice and does not guarantee fertility or conception.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, A & A DESIGN INC. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR USD $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to indemnify and hold harmless A & A Design Inc. and its officers, employees, and agents from claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the App, your entries (including any partner information), or your violation of these Terms or applicable law.
You may stop using the App and erase your data at any time. We may suspend or end your access if you violate these Terms or if we discontinue the App. Provisions that by their nature should survive — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — survive termination.
We may update these Terms from time to time. We will revise the “Last updated” date and, where appropriate, provide notice in the App. If applicable law requires affirmative agreement to a material change, we will request it. Otherwise, continued use after the updated Terms take effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the State of Delaware and applicable US federal law, without regard to conflict-of-laws principles. You agree to first contact us to seek an informal resolution of any dispute. Any dispute not resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, except where prohibited by applicable law. Nothing here limits any non-waivable consumer rights in your country of residence.
A & A Design Inc.
10100 Ormond Rd, Potomac, MD 20854, USA
Email: alex@designswithaa.com
Privacy Policy: ludicrousdesigns.com/firstborn/privacy/