Terms & Conditions

1. Who operates tovibaby

The tovibaby platform (the “Service”) is owned and operated by Amaral Marcondes Medicina Lda., a company incorporated under the laws of Portugal, tax identification number (NIF) 514013222 (“tovibaby,” “we,” “us,” or “our”). By creating an account, accessing, or using the Service in any capacity — as a school administrator, caretaker, parent, or guardian — you (“User,” “you”) agree to be bound by these Terms & Conditions (“Terms”). If you do not agree to these Terms, you must not use the Service.

2. What the Service is — and is not

tovibaby is a voluntary communication and record-keeping tool intended to help schools, caretakers, and parents coordinate and log the daily handoff of a child between home and school. The Service displays status information (such as “at home,” “in transit,” or “arrived”) and can send notifications by email, WhatsApp, or other channels based on information entered by Users.

tovibaby is not a childcare, supervision, safety, security, monitoring, tracking, or emergency response service. tovibaby does not supervise, transport, verify the identity or location of, or guarantee the safety of any child at any time. The Service depends entirely on Users manually entering accurate, timely information. tovibaby has no independent means of confirming that any status reported through the Service reflects the real-world location, condition, or safety of any child.

The Service must never be relied upon as a substitute for direct, real-time communication between parents, caretakers, and schools, nor as a substitute for emergency services. If you have any concern about a child’s immediate safety or whereabouts, contact the relevant school, caretaker, guardian, or emergency services directly — do not rely on the Service.

3. Best-effort service — no warranty

The Service is provided on an “as is” and “as available” basis, on a reasonable, best-effort basis only, without warranties of any kind, whether express, implied, or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, timeliness, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of defects, or that any defect will be corrected.

4. Notifications are not guaranteed to be delivered or timely

The Service may send notifications (including but not limited to email, WhatsApp messages, or other messaging channels) to alert Users about check-in status, including delayed or unconfirmed arrivals. These notifications depend on numerous factors outside our control, including but not limited to: third-party providers (such as email delivery networks, WhatsApp/Meta Platforms, Inc., and mobile network operators), the accuracy and currency of contact details entered by Users, internet and mobile connectivity, device settings, spam or message filtering, and the timeliness of actions taken by other Users (such as a parent or caretaker updating a status).

We do not guarantee that any notification will be sent, delivered, received, read, or acted upon within any particular timeframe, or at all. You acknowledge and accept that notifications may be delayed, may fail to arrive, or may never be sent due to circumstances beyond our control, and that tovibaby bears no responsibility for any consequence arising from a delayed, undelivered, or missed notification.

5. Availability, modification, suspension, and discontinuation

We may modify, suspend, restrict, or discontinue the Service, in whole or in part, temporarily or permanently, at any time and for any reason, with or without notice. This includes, without limitation, planned maintenance, technical failure, changes to third-party dependencies (including but not limited to hosting, database, email, and messaging providers), business or commercial reasons, or cessation of the business itself.

We will have no liability whatsoever to you or any third party for any modification, suspension, interruption, or discontinuation of the Service, or for any loss of data, access, or functionality that results from it. You should not use the Service as your sole means of coordination or record-keeping for any matter you consider important, and you are responsible for maintaining your own independent arrangements.

6. User responsibilities

By using the Service, you agree that you are solely responsible for:

• entering and keeping accurate, current, and complete contact information (including phone numbers and email addresses) for yourself and, where applicable, the children and contacts you register;
• promptly and accurately updating check-in statuses when you are able to do so;
• independently verifying, through direct communication, any information you consider important, rather than relying solely on the Service;
• maintaining the confidentiality of your account credentials; and
• using the Service only for lawful purposes and in a manner consistent with the rights of other Users, including children whose information you may enter.

7. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall tovibaby, Amaral Marcondes Medicina Lda., its owners, directors, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your access to, use of, or inability to use the Service — including, without limitation, any harm, injury, distress, or loss arising from a child not being collected, dropped off, supervised, or accounted for as expected, whether or not tovibaby has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, tovibaby’s total aggregate liability to you for all claims arising out of or relating to the Service shall not exceed the greater of (a) the total amount, if any, paid by you to tovibaby for use of the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) fifty euros (€50). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you to the extent prohibited by mandatory law.

8. Indemnification

You agree to indemnify, defend, and hold harmless tovibaby, Amaral Marcondes Medicina Lda., and its owners, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any rights of a third party, including any inaccurate or unauthorized information you enter about another person or a child.

9. Data protection

We process personal data, including data relating to children, in connection with the Service. Our handling of personal data is described in our Privacy Policy, which forms part of these Terms. We aim to process personal data in accordance with the EU General Data Protection Regulation (GDPR) and applicable Portuguese data protection law; however, consistent with Sections 3–5 above, no data processing, storage, or transmission system can be guaranteed to be completely secure or error-free, and the Service is provided on the same best-effort basis described throughout these Terms.

10. Account suspension and termination

We may suspend or terminate your access to the Service, at our sole discretion, at any time, with or without cause or notice, including if we believe you have violated these Terms. You may stop using the Service at any time. Sections of these Terms that by their nature should survive termination (including but not limited to Sections 3 through 8) will survive.

11. Changes to these Terms

We may update these Terms from time to time, at our sole discretion. If we make material changes, we will make reasonable efforts to provide notice (such as by posting an updated version on this page with a new “last updated” date). Continued use of the Service after any change constitutes acceptance of the revised Terms.

12. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of Portugal, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Portugal, save for any mandatory consumer-protection venue rules that cannot be excluded by agreement.

13. Severability and entire agreement

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect. These Terms constitute the entire agreement between you and tovibaby regarding the Service and supersede any prior agreements.

14. Contact

Questions about these Terms can be sent to hello@tovibaby.com.

Amaral Marcondes Medicina Lda. · NIF 514013222 · Portugal