Terms of Service - CriApp

NOTICE: Reviewed by the internal legal audit (2026-05-02) and completed with the owner's details on 2026-08-20. Sign-off by counsel licensed in Peru (governing law) is recommended before a large-scale launch campaign.

Version: 2.0.0

Last updated: 2026-08-20

Owner: Jose Giancarlo Palacios Loli.

Address: Huaraz, Áncash, Peru.

Legal contact: legal@criapp.smarthuaraz.cloud.

These Terms of Service ("Terms") form a binding agreement between you ("User") and the Company regarding use of the CriApp mobile and web application ("Service").

READ CAREFULLY. By installing, registering, or using CriApp you accept these Terms in full. If you do not agree, do not use the Service.

1. Eligibility

1.1 You must be at least 18 years old to create an account, or be a legally emancipated minor with acceptable documentation under the law of your country. We verify age via DatePicker at signup.

1.2 You are responsible for keeping your credentials confidential. All activity under your account is your responsibility.

1.3 If you create profiles for minors you represent and warrant that you are their parent or legal guardian with authority to enter their data. You provide the verifiable parental consent required by COPPA and Peru Law 29733 (DS 016-2024-JUS), plus equivalent rules of the other v1.0 markets.

1.4 Creating accounts using third-party data without consent or impersonating others is prohibited.

1.5 Scope v1.0 — covered markets. The Service is offered exclusively in: United States (including California), Peru, Mexico, Colombia, Chile, Argentina, Uruguay, Dominican Republic, Panama, Paraguay, Bolivia, Honduras, Guatemala, El Salvador, Nicaragua, and Puerto Rico, plus any other LATAM territory whose national data-protection compliance is zero-cost. The Service is NOT offered in the European Union, EEA, United Kingdom, Switzerland, Brazil, Ecuador, Costa Rica, Cuba, or sanctioned territories (Iran, North Korea, Syria, Crimea / Donetsk / Luhansk). Users whose declared country or geolocated IP corresponds to an excluded territory may receive a "Service unavailable" notice during sign-up and account creation will be blocked. Residual presence of a user from an excluded territory does not constitute Service recognition in their jurisdiction.

2. Description of the Service

2.1 CriApp supports parents and caregivers with: pregnancy tracking, developmental milestones, vaccinations, health, allergies, medications, sleep, feeding, diapers, photo and document album, community (recipes, posts, comments), shopping lists, and agenda.

2.2 The Service is 100% free and ad-free (see §7).

2.3 CriApp is NOT a medical device and does not replace consultation with healthcare professionals (see §10).

2.4 We may modify, suspend, or discontinue features with reasonable notice.

3. Account

3.1 Sign up: email + password or social login (Google / Apple).

3.2 Types: Individual or Shared (owner invites partner / caregiver with owner / partner / caregiver roles).

3.3 Multi-child: unlimited profiles.

3.4 You are responsible for accuracy. False data may cause suspension.

4. Acceptable use

4.1 Prohibited:

• Using the Service for unlawful purposes.
• Harassment, hate speech, sexual, violent, abusive or discriminatory content (race, gender, orientation, religion, disability, nationality).
• Bullying, intimidation, threats; doxxing; impersonation.
• Direct medical claims or advice to other users (see §10 + Community Guidelines).
• Uploading content infringing third-party rights (image rights, copyright, trademarks).
• Compromising security (scanning, mass scraping, reverse engineering, rate-limit evasion).
• Uploading malware.
• Spam or unauthorized promotion.
• Sharing real names of minors in public content (community shows the adult name only).
• Sharing CSAM - zero tolerance, automatic report to NCMEC/INHOPE/SaferNet.

4.2 Accepting these Terms implies acceptance of the Community Guidelines (06-community-guidelines-final-en.md).

4.3 We may suspend or delete your account without prior notice if you breach these Terms.

5. User-Generated Content (UGC)

5.1 You retain ownership of your content (recipes, photos, posts, comments).

5.2 You grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, reproduce, distribute, modify (format/size/translation only), create derivative works (automatic translations), and display the content within the Service. The license is necessary to operate the Service (cross-region copying, backups, caching).

5.3 The license terminates when you delete the content or account, except: content viewed by others (their viewing rights persist); copies in encrypted backups during retention.

5.4 You warrant you have the rights to your content (including image rights of people pictured).

5.5 DMCA / takedown: infringement notices to legal@criapp.smarthuaraz.cloud with: identification of the work, identification of the infringing material, statement under penalty of perjury of good faith, signature. Processed within 14 days. Counter-notifications follow DMCA §512(g) or local equivalents.

5.6 We reserve the right to remove content that violates these Terms or the Guidelines.

5.7 We do not display real names of your children in the community.

6. CriApp's intellectual property

6.1 All rights in the Service, software, design, "CriApp" trademark, logos, and editorial content (pregnancy weeks, milestones, schedules) belong to the Company and/or its licensors.

6.2 Editorial content comes from public sources (WHO, CDC, AAP). CriApp reserves presentation and curation rights.

6.3 You may not copy, distribute, modify, reverse engineer, decompile, or create derivative works of the Service without our written consent, except as permitted by law.

7. Advertising

7.1 CriApp v1.0 is 100% free and ad-free. We do not display advertisements and do not collect data for advertising purposes. If this changes in a future version, we will notify you in advance and request consent.

8. Push notifications

8.1 You will receive reminders for vaccinations, doses, milestones, weekly content, activity payments, and community (if enabled).

8.2 You can disable all or granularly from Settings - Notifications.

8.3 Push is not used for advertising.

9. Termination

9.1 You can delete your account in Settings - Account - Delete. It is irreversible and purges all data within 30 days.

9.2 We may terminate your access if: you breach the Terms; account inactive > 24 months (we will email before deletion); ordered by authority; the Service ceases operations.

9.3 After termination, data is held in 30-day quarantine for accidental-deletion recovery, then fully purged.

10. Medical disclaimer

IMPORTANT MEDICAL NOTICE - READ CAREFULLY

10.1 CriApp is NOT a medical device and does not substitute professional advice. Medical content (pregnancy weeks, milestones, dosing, vaccinations) is provided for informational purposes based on public sources (WHO, CDC, AAP).

10.2 Always consult your pediatrician, obstetrician, or qualified health professional before making medical decisions.

10.3 In case of emergency, call emergency services (Peru 105 / USA-MX-CO 911 / Spain-EU-UK 112 / Brazil 192 / AR-CL 911).

10.4 Pediatric dose calculations are guidance only and must be validated with a professional. CriApp is NOT a high-risk medical AI system under EU Regulation 2024/1689.

11. Limitation of liability

11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The Service is provided "AS IS" and "AS AVAILABLE".
• We do not warrant absence of errors, interruptions, or fitness for your specific needs.
• We are not liable for direct, indirect, incidental, special, consequential, or punitive damages, including medical decisions.

11.2 CriApp's aggregate liability for claims is limited to USD 50 or the local-currency equivalent. This limitation does NOT apply where prohibited by applicable law (notably: Brazil under the Consumer Defense Code; California; EU/UK consumer law; certain LATAM consumer-protection laws).

11.3 Nothing limits liability for fraud, gross negligence, personal injury, or death where law forbids.

12. Indemnification

12.1 To the extent permitted by law, you agree to indemnify the Company, affiliates, officers, employees, and agents from claims, losses, damages, costs, and expenses (including reasonable attorney fees) arising from:

• Your use of the Service in breach of these Terms.
• Your violation of third-party rights.
• Content you upload to the Service.

13. Changes

13.1 Material changes are notified with: in-app banner + email + policy_version_accepted bump.

13.2 Continued use after notice constitutes acceptance.

13.3 If you do not accept, you may delete your account.

14. Governing law and jurisdiction

14.1 These Terms are governed by the laws of the Republic of Peru, without prejudice to mandatory consumer-protection rules of your country of residence.

14.2 Any dispute is submitted to the competent courts of Lima, Peru, except: EU consumers (Brussels I bis - your country); Brazil consumers (CDC - domicile); California consumers; consumers in any jurisdiction where local law imposes a local forum.

14.3 Class-action waiver: to the extent permitted by law, disputes are resolved individually, not as a class action. Non-waivable consumer rights are preserved.

14.4 Arbitration: no mandatory arbitration clause is included. Disputes are resolved under the governing law and forum stated in section 14.1.

15. Miscellaneous

15.1 Entire agreement: these Terms, the Privacy Policy, the Community Guidelines, and the Children's Privacy Notice constitute the entire agreement.

15.2 Severability: if a clause is invalid, the remainder remains in force.

15.3 No assignment: you may not assign your rights without our consent. We may assign upon sale, merger, or corporate reorganization.

15.4 No implied waiver: failure to enforce a right does not waive it.

15.5 Notices: to the Company: legal@criapp.smarthuaraz.cloud. To you: registered email.

15.6 Language: available in es/en/pt. Authoritative version: Spanish.

15.7 Subprocessors: updated list at /legal/subprocessors. 30-day notice before material additions.

15.8 Force majeure: we are not liable for delays caused by events beyond our reasonable control (disasters, war, internet failure, sanctions, pandemics).

16. Contact

Jose Giancarlo Palacios Loli

Huaraz, Áncash, Peru

legal@criapp.smarthuaraz.cloud / support@criapp.smarthuaraz.cloud / dpo@criapp.smarthuaraz.cloud

LATAM Annex — Governing Law and Jurisdiction

Default governing law

These Terms are governed by the laws of the Republic of Peru, without prejudice to the mandatory consumer-protection rules of each user's country of residence.

Competent jurisdiction — consumer users

For users residing in v1.0 markets (see §1.5) acting as consumers, the competent jurisdiction shall be that of the consumer's domicile under applicable local law. Specifically:

• United States: jurisdiction and applicable law are governed by the mandatory consumer-protection rules of the user's state of residence. The optional mediation clause is supplementary to the state-court forum.
• Argentina: Law 24.240 (Consumer Defense) + 26.361. Forum: consumer's domicile.
• Chile: Law 19.496. Forum: consumer's domicile or consumer-affairs judge.
• Colombia: Law 1480/2011 (Consumer Statute). Forum: consumer's domicile.
• Mexico: LFPC. Forum: PROFECO or consumer-domicile judge.
• Panama: Law 45 of 2007. Forum: ACODECO + civil jurisdiction.
• Peru: Consumer Protection and Defense Code (Law 29571). Forum: INDECOPI + Judiciary.
• Uruguay: Law 17.250. Forum: consumer's domicile.
• Dominican Republic: Law 358-05 (Pro Consumidor). Forum: consumer's domicile.
• Paraguay / Bolivia / Honduras / Guatemala / El Salvador / Nicaragua / Puerto Rico: local mandatory consumer-protection rules apply; forum: consumer's domicile.

Pending future expansion (NOT in v1.0): Brazil (Código de Defesa do Consumidor — Law 8.078/1990), Costa Rica (Law 7472), Ecuador (Organic Consumer Defense Law). To be re-activated when those markets are covered.

Alternative dispute resolution

CriApp offers a free mediation channel via legal@criapp.smarthuaraz.cloud prior to any judicial action. Participation is voluntary.

Language

These Terms are published in neutral Spanish (es), Brazilian Portuguese (pt-BR), and English (en). In case of conflict, the Spanish version prevails.

Health content

The "not medical advice" rule of §10 applies universally. CriApp assumes no liability for medical decisions made based on informational content in any LATAM jurisdiction.