1. Scope and agreement
These Terms of Service (“terms”) are an agreement between you and MFLOW PTY LTD (ABN 39 633 568 635) (“MFLOW”, “we”, “us” or “our”), the operator of BubCue. They cover this website and, when they are available, the BubCue app and BubCue’s connection service (together, “BubCue”).
This website. By using this website, you agree to these terms as they apply to the website. If you do not agree, please do not use it.
The app. When the app is released, it will ask you to accept the version of these terms then in force before you first use it and before you buy a subscription.
In these terms, the “nursery phone” is the phone that monitors a room, and a “viewer” is a person who watches the nursery phone, in the BubCue app or a web browser. Our Privacy Policy explains how we handle personal information; it is not part of these terms. Our Before you use BubCue page gives more detail about setting up BubCue and its limits. Please read it before you use BubCue.
2. Development preview
BubCue is in development and not yet available to download or buy. This website describes how BubCue is designed to work. Features, compatibility, pricing and availability may change before release, and nothing on this website is an offer to supply BubCue. Illustrations and demonstrations do not show real-world performance, and a description of an experimental feature is not a promise of reliable detection.
3. Purpose and limitations
BubCue is consumer software for personal household use. It lets a compatible phone in a room, the nursery phone, send live video and sound to the phones and web browsers watching it, with audio and image analysis on the nursery phone. It is intended to let a parent or carer see and hear a room in their own home, in addition to in-person care. It does not assess breathing, health or safety, and it does not replace any medical equipment, emergency service or monitoring that a health professional has advised for your child. Please read this section carefully.
- Not a medical device. BubCue is not a medical device. It does not measure a baby’s breathing, heart rate, oxygen level, temperature or movement, and it does not detect, diagnose, treat or prevent any disease or condition, including SIDS or SUDI.
- Not a substitute for supervision. BubCue does not replace adult supervision, in-person checks or the guidance of your healthcare professional. A baby monitor does not replace safe-sleep guidance. Check on your baby in person.
- Not for emergencies. In an emergency, go to the person and call emergency services. Do not wait for an alert, and do not rely on BubCue to call for help; it cannot.
- Alerts can be missed, mistaken or delayed. BubCue can miss events, and its alerts can be mistaken or delayed. The absence of an alert, or a quiet or still picture, does not mean that anyone is asleep or well. Sound alerts are based on sound level only — not cry recognition.
- Alerts need a connected viewer. Alerts sound only on a phone running BubCue, or a browser with the BubCue page open and unmuted, while it is connected to the nursery phone. They do not appear as lock-screen notifications, a locked phone or a background browser tab may not play them, and none arrives if no viewer is connected or BubCue or the page has been closed.
- BubCue does not restart itself. BubCue does not restart monitoring after a crash, a phone restart or the app being closed. Check that monitoring is running.
- An iPhone nursery phone must stay open. An iPhone used as the nursery phone must stay open with its screen on, because locking it pauses monitoring.
- Overnight use. Installing BubCue and a successful short session do not show that it will keep working through a night on your phones.
- Experimental features. Cry alerts, Cry details and face visibility are experimental and can be wrong.
- The cry-type guess. Cry details can show “Might be hungry?” or “Might be tired?” as a guess. Experimental guess. Development testing has not demonstrated reliable identification of hunger or tiredness. Independent confirmatory validation has not been completed. The guess can be wrong.
- Face visibility. After detecting a face, the app can show a notice if camera analysis stops detecting it. It cannot determine why. Real-world detection performance has not been established. This feature does not assess breathing, health or safety.
- Talk, Soothe and voice clips affect alerts. Sound alerts pause while you hold Talk, while Soothe plays and while you record or review a voice clip. Soothing sounds can mask crying, so cry alerts can miss it.
- Low light. Low-light assistance still needs some light and is not infrared night vision.
- It depends on your devices and networks. BubCue works only while the phones are on, charged or plugged in, running the app and connected. Phone settings, operating systems, battery management, overheating, calls, Focus or Do Not Disturb, mute, low volume, headphones or Bluetooth, and network conditions can stop video, sound or alerts.
- Checks are a snapshot. A setup check or alert test checks that moment only. It does not show that detection is accurate or that BubCue will keep working.
4. Your responsibilities
You must be 18 or older to accept these terms for the app, to set up a nursery phone or to buy a subscription. When you use BubCue, you agree to:
- use BubCue only for personal household purposes, to monitor children in your care and rooms you are entitled to monitor;
- comply with all laws that apply to you, including laws about surveillance devices, listening and recording, and privacy, and make sure that carers, visitors and anyone else who may be seen or heard in a monitored room knows it is monitored and has given any consent the law requires;
- place the nursery phone, its stand and every cable well out of a child’s reach, outside the cot, and follow the phone maker’s instructions on charging and heat;
- check the picture, the sound, the connection and your phone’s alert test before each session, and keep your phones and the app up to date;
- if BubCue shows a warning, stops, or does not work as you expect, check on your child in person and stop relying on BubCue until it works again;
- keep your phones secure, and share pairing codes, browser links and invitations only with people you trust; and
- continue your normal in-person care and checks, as described in section 3.
5. Software licence and store terms
Android app and browser viewer. When BubCue is available, and subject to these terms, we grant you a personal, non-exclusive, non-transferable licence to install and use the Android app, and to use the browser viewer, on devices you own or control, for personal household use. This licence continues until it ends under section 15.
iPhone app. If you download BubCue from Apple’s App Store, Apple’s Licensed Application End User License Agreement (the “Standard EULA”) sets out your licence to use the app, and the rest of these terms also apply. Section 13 always applies. If these terms and the Standard EULA differ, these terms apply between you and MFLOW; in particular, sections 14, 15 and 18 replace the Standard EULA’s limits of liability, termination, and law and courts provisions.
You must not copy, modify, distribute, sell, lease or commercially exploit BubCue; reverse engineer it or attempt to extract its source code, except where the law, or a licence for an open-source or open-data part, allows you to despite this restriction; remove any notice in it; or bypass any licensing or security control.
Apple and Google provide their stores, store accounts and payment services under their own terms. Apple and Google are not parties to these terms and are not responsible for BubCue or its support.
6. Subscriptions and purchases
BubCue is not yet available to buy. Our current plan is an annual subscription for monitoring, with no separate subscription for invited viewers. Pricing and purchase terms are not final.
When BubCue is available, you will buy it through the App Store or Google Play, which handle payment under their own terms. If a subscription renews automatically, you can turn off renewal in your store account at any time; your subscription then continues until the end of the period you have paid for. Stopping use part-way through a period does not by itself entitle you to a refund. This does not limit your rights under section 13 or the refunds in sections 10, 15 and 16.
The store’s terms and processes do not limit your rights against MFLOW under the Australian Consumer Law. If you have a problem with a purchase, or BubCue does not meet a consumer guarantee, you can contact the store or us at contact (at) bubcue.com, and we will deal with your claim (see section 13).
7. Viewers and sharing
Up to two phones or browsers can watch at once (your own phone counts as one). Anyone who has the nursery phone’s current QR code, its browser link or an unused invitation can join without asking you first. Viewers can watch, listen and use the live controls given to them, such as Soothe, which pauses sound alerts while it plays; viewers using the BubCue app can also talk. You are responsible for choosing whom you share access with. Before you share a QR code, browser link or invitation, tell the person about the limits in section 3 and ask them to follow section 9.
Removing an app viewer on the nursery phone ends that viewer’s access, and Stop ends every viewer’s access for that session. Changing the pairing code stops new joins with the old code, but does not disconnect viewers already watching. People who watch can record what they see and hear on their own screens, and we cannot control or erase such copies.
8. Your information and content
You keep any rights you have in your recordings and other content. You permit the app to carry out the recording, playback, live transmission and sharing you ask it to do.
Live video and sound go directly between the nursery phone and the devices watching it; MFLOW does not receive them. Activity records stay on your devices unless you turn on sharing or export them, and you are responsible for the records you share or export. The app does not send Soothe voice clips or its diagnostic log to MFLOW.
BubCue is not a backup service. MFLOW holds no copy of your Activity records, voice clips or settings, so they can be lost if a phone is lost or reset or the app is deleted.
If you send us an idea or suggestion for improving BubCue, we may use it without payment or other obligation to you. This does not apply to your personal information or recordings, which our Privacy Policy covers.
9. Acceptable use
You must not use BubCue or this website to:
- watch, listen to or record anyone without the consent the law requires, or for covert surveillance, stalking, harassment, exploitation or any other unlawful, harmful or abusive purpose;
- access another person’s session, device or records without permission, impersonate anyone, reuse revoked access, or bypass any access, purchase or security control;
- introduce malware, or interfere with, overload, probe or disrupt BubCue, the connection service or this website;
- use the connection service other than through the BubCue app’s normal operation, including as a relay for anything else or for resale; or
- infringe anyone’s rights, or breach export or sanctions laws.
If you find a security problem, please report it to us without accessing anyone’s information or disrupting monitoring. Reporting a problem does not authorise further testing.
10. Service, updates and changes
Subject to section 13, we cannot promise that BubCue and the connection service will be uninterrupted, error-free or available at all times or in all places. The connection service may be unavailable from time to time; watching at home over your own Wi-Fi does not depend on it. Some networks do not allow the direct connection BubCue uses.
We may release updates to fix problems, meet security or legal requirements, keep BubCue working with phones and app stores, or improve it. You may need the current version on each phone. We do not promise to support every phone, operating system or browser.
We may change or remove a feature to fix a problem; to meet a legal, regulatory or security requirement or a court order; to deal with a risk to people; to respond to a change in a phone operating system, the App Store, Google Play or a service BubCue relies on; or to replace it with something that works at least as well. Experimental features may also change or be removed as we learn how they perform. We may also stop offering BubCue or the connection service. If a change, or stopping BubCue, materially reduces what you have paid for, we will tell you before it takes effect where we can, and you may end your subscription and get a refund of the unused part of your subscription period, paid by us or arranged through the store.
11. Things we do not supply
BubCue relies on things we do not supply or control. These are your phones, their operating systems and settings, your Wi-Fi, internet and mobile networks, and the app stores’ own services to you, such as your store account and payments. Subject to section 13, we are not responsible for a failure of those things, except to the extent we caused or contributed to it.
12. Intellectual property
BubCue, this website and their content, including the BubCue name and logo, software, text and images, are owned by or licensed to MFLOW. Except for the licence in section 5, these terms give you no right in them. You may view, link to and keep a copy of this website’s public pages for personal reference. Some parts of BubCue are provided under open-source or open-data licences, listed on our Third-party notices page. Those licences apply to those parts, and nothing in these terms limits your rights under them. The pictures of babies, people and places on this website are AI-generated illustrations.
13. Australian Consumer Law and your rights
BubCue comes with consumer guarantees that cannot be excluded under the Australian Consumer Law. If you are a consumer, you are entitled to remedies for a failure to comply with a consumer guarantee, and to compensation for any other reasonably foreseeable loss or damage that the failure causes.
Apart from the consumer guarantees and your other rights described in this section, we do not promise that BubCue will detect every event, will never be interrupted, or will work with every home, phone or network.
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. If you live outside Australia, the consumer protection laws of your country may also give you rights that these terms do not affect.
14. Limitation of liability
Nothing in this section limits the consumer guarantees or any other right or remedy described in section 13, or liability for death or personal injury caused by negligence, for fraud, or for deliberate breach of these terms. MFLOW agrees to this section for itself and as agent for its directors, employees and contractors, so its limits also apply to claims against them. Subject to that:
- neither party is liable to the other for loss that was not reasonably foreseeable when the agreement was made;
- we are not liable for business profits, revenue or opportunities lost through use of BubCue outside personal household use;
- we are not liable for loss to the extent it was caused by your failure to follow section 4 or 9, and each party’s liability is reduced to the extent the other party contributed to the loss; and
- each party’s total liability to the other for all other claims arising out of these terms, BubCue or this website is limited to the greater of A$100 and the total you paid for BubCue in the 12 months before the event that caused the loss.
15. Suspension and ending
You may stop using BubCue at any time; section 6 explains subscriptions. We may suspend or end your access to BubCue or the connection service if you seriously or repeatedly breach these terms, if you use BubCue unlawfully, if we reasonably suspect fraud or misuse, if your use puts the security of BubCue or other people at serious risk, or if the law, a court or a regulator requires it. Where it is practical and lawful, we will tell you first and give you a reasonable chance to fix the problem.
If we end your access to BubCue, or stop offering BubCue altogether, for any reason other than your breach, we will give you reasonable notice where we can, and you can ask us for a refund of the unused part of any subscription you paid for in advance, which we will pay or arrange through the store. If we stop only the connection service or a feature, section 10 applies.
Ending these terms does not affect rights or liabilities that have already arisen. Sections 3, 4, 8, 9 and 11 to 19 continue to apply after these terms end.
16. Changes to these terms
We may change these terms where it is reasonably necessary to protect our legitimate interests, for example to describe a new or changed feature, to reflect a change to the services BubCue relies on, the app stores or the law, or to deal with a risk to people or to security. We will publish the new terms on this website, and in the app when it is available, with a version number and the date they take effect.
If a change materially disadvantages you, we will give you at least 30 days’ notice, in the app or on this website, before it takes effect, unless the law or an urgent risk to people or to security requires a shorter time. If you do not accept the change, you may end your subscription and ask us for a refund of the unused part of your subscription period, which we will pay or arrange through the store. A change does not affect rights that have already arisen.
17. Problems, complaints and disputes
If you think BubCue missed an event, gave a wrong alert or was involved in an injury, please tell us as soon as you can at contact (at) bubcue.com, with the date, the phones and app versions used and what BubCue did. Do not send us video, sound or pictures of your child, or pairing codes, browser links or invitations.
Our response to a report or complaint, including any investigation, explanation, software change or goodwill gesture, is not an admission of fault or liability.
If you have a complaint or dispute, please contact us first. Before starting court or tribunal proceedings against MFLOW, please give us written notice of the dispute and 30 days to try to resolve it, unless you need urgent relief or a legal time limit would otherwise expire. This does not stop you from contacting a consumer protection regulator at any time.
18. Governing law and courts
These terms are governed by the law of Victoria, Australia, subject to any mandatory protection of the law of the place where you live. The courts of Victoria, and the courts that hear appeals from them, have jurisdiction over any dispute about these terms, BubCue or this website. If you are a consumer, you may also bring a claim in any other court or tribunal that the law makes available to you.
19. General
- If any part of these terms is invalid, unenforceable or unfair, it will be read down or severed to that extent, and the rest of these terms will continue to apply.
- If we do not enforce a right under these terms, we have not waived it.
- You may not transfer your rights under these terms. We may transfer ours to a successor of our business, on the basis that your rights under these terms are not reduced.
- Subject to section 13, neither party is responsible for a delay or failure caused by events beyond its reasonable control.
- These terms, the Standard EULA where section 5 applies, and the purchase information shown to you are the whole agreement between you and MFLOW about BubCue and this website. This does not exclude any liability that the law does not allow to be excluded.
- We give notices under these terms in the app or on this website. Legal notices to MFLOW must be sent by email to contact (at) bubcue.com with “Legal notice” in the subject line, or by post to the address in section 20.
20. Contact
MFLOW PTY LTD (ABN 39 633 568 635). Postal address: UL40, Level 2, Suite 664, 1341 Dandenong Road, Chadstone VIC 3148, Australia. Email: contact (at) bubcue.com.