Terms of Service

1.Description of Service

neso is a consumer caregiving support application for parents, legal guardians, and authorized caregivers. It may offer AI-powered support, activity tracking, logging, milestone tracking, memory logging, sleep tracking, caregiver sharing, and related tools.

neso is not a medical device, healthcare provider, clinical service, emergency response service, remote patient monitoring service, or substitute for professional medical advice or legal advice.

2.Eligibility

You must be at least 18 years of age to use neso. neso is intended only for parents, legal guardians, and authorized caregivers who have the right to provide, access, and manage information about a child.

Children and teenagers may not create accounts or use neso directly or indirectly. Children are the subject of caregiving records entered by an authorized adult user, not users of the service themselves.

During account creation, users are required to confirm that they are at least 18 years of age and authorized to create or manage a profile for the child.

By using neso or submitting child information, you represent and warrant that you meet these requirements and are authorized to do so. If we learn that an individual under 18 has created an account, we will restrict access, suspend the account, and delete associated data.

3.Accounts and Caregiver Access

To access certain features, you may need to create an account with accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at support@helloneso.com of any suspected unauthorized access.

You may add child profiles and invite authorized caregivers as permitted by your plan. Invited caregivers may need to verify their email and accept the invitation before accessing a child profile.

You are responsible for ensuring that any invited caregiver is authorized to access the child's information. You may be able to view and remove caregiver access through neso.

Your interactions with other caregivers you invite to, or who invite you to, a child's profile are solely between you and that caregiver. Axiom Genesis Labs is not responsible for, and to the fullest extent permitted by law you release Axiom Genesis Labs (and its officers, directors, employees, agents, successors, and assigns) from, any dispute, claim, liability, or damages arising out of or relating to your interactions with, or the acts or omissions of, other caregivers on neso. If you are a California resident, you waive California Civil Code Section 1542 in connection with this release, which states: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

4.Subscriptions, Billing, and Free Trials

Paid plans may provide access to premium features (each, a "Paid Offering"). Pricing and plan details are available in neso and at helloneso.com. By subscribing to a Paid Offering, you authorize us to bill your credit card or other payment method for the applicable fees. You are responsible for paying all fees and any applicable taxes associated with your use of a Paid Offering in a timely manner with a valid payment method.

We may change our fees from time to time. We will notify you of any fee change by posting notice in neso or sending notice to your email on file, and the change will not take effect until your next subscription period.

We may offer free trials, the length of which may vary. You will not be charged, and we will not begin a subscription for you, during the trial period without your consent. Unless stated otherwise, free trials are available only to new users and only once per user. If you subscribe to a Paid Offering before your trial ends, your paid subscription will begin immediately and your trial will end. If you do not cancel before the trial ends, the trial may convert to a paid subscription.

Subscriptions automatically renew at the end of each subscription period unless cancelled before that date. We will bill your payment method on the date your subscription begins and on each renewal date thereafter, until you cancel. Cancellation takes effect at the end of the current billing period. Refunds are provided only where required by law.

If your payment method fails or any amount you owe becomes past due, we may suspend your account or access to neso (including free features), and may pursue collection of amounts owed, including through a collection agency or legal counsel. App store billing terms may also apply.

5.Acceptable Use and Prohibited Conduct

You agree to use neso only for lawful, personal, non-commercial caregiving purposes.

You may not:

• Violate any law, regulation, or third-party right.
• Upload, store, or share intimate, exploitative, unlawful, unsafe, or highly sensitive images of children, including images showing or depicting a child's genital area, diaper area, buttocks, bathing, toileting, diaper changes, diaper rash, or private medical conditions.
• Upload content that may reasonably be considered invasive, inappropriate, exploitative, or harmful to a child's privacy, dignity, or safety.
• Transmit harmful, abusive, harassing, threatening, defamatory, fraudulent, unlawful, or objectionable content.
• Attempt unauthorized access to neso or related systems.
• Harvest, collect, or assemble information about other users, including email addresses, without their consent.
• Use automated tools, bots, scrapers, crawlers, or unauthorized scripts.
• Reverse engineer, copy, modify, scrape, or misuse neso.
• Use neso for unauthorized commercial, competitive, research, or data-mining purposes.
• Impersonate others or misrepresent your identity, authority, relationship, or affiliation.

You are solely responsible for the content you upload, submit, store, or share through neso. Axiom Genesis Labs is not responsible for reviewing, monitoring, or verifying all user content and does not guarantee that prohibited content will be detected or removed.

If we become aware of content or activity that may violate these Terms, we may, but are not obligated to, remove content, restrict access to features, suspend or terminate accounts, preserve relevant information, or take other actions we determine are appropriate, at neso's sole discretion. Where required by law, or where we reasonably believe disclosure is necessary to protect a child, user, Axiom Genesis Labs, or the public, we may report or disclose information to law enforcement, child protection authorities, regulatory agencies, or other appropriate parties.

6.Intellectual Property

neso and its content, software, source code, designs, user interface, name, logo, mascot, character assets, trademarks, and related materials (collectively, the "neso IP") are owned by Axiom Genesis Labs or its licensors and are protected by applicable state, federal, and international intellectual property laws. Axiom Genesis Labs and its licensors reserve all rights in the neso IP not expressly granted to you in these Terms.

We grant you a limited, non-exclusive, non-transferable, revocable license to use neso for personal caregiving purposes during your permitted access. No licenses are granted by implication under these Terms. You may not: copy, modify, distribute, sell, sublicense, reverse engineer, disassemble, or create derivative works of any neso IP; remove, obscure, or alter any copyright, trademark, or other proprietary notice contained in or on neso; or frame, mirror, or scrape any part of neso without our prior written consent. Any unauthorized use, reproduction, modification, distribution, display, or performance of any neso IP is strictly prohibited.

If you provide any comments, testimonials, feedback, or suggestions to Axiom Genesis Labs regarding neso or any of our services (collectively, "Feedback"), Axiom Genesis Labs may use such Feedback for any purpose. So that we may incorporate such Feedback into neso, Axiom Genesis Labs alone will own all right, title, and interest, including all related intellectual property rights, in and to all such Feedback, and in consideration for your use of neso, you hereby assign such Feedback to Axiom Genesis Labs free of charge.

If you believe content on neso infringes your copyright, contact us at support@helloneso.com and we will investigate.

7.User Content

You retain ownership of content you submit, including logs, photos, notes, memories, questions, and other materials.

By submitting User Content, you grant Axiom Genesis Labs a worldwide, royalty-free license to use, store, host, process, transmit, display, and modify your User Content as reasonably necessary to operate, provide, secure, support, and improve neso, and as otherwise described in our Privacy Policy.

You represent and warrant that you have all rights necessary to submit your User Content and that your User Content complies with these Terms.

We may remove or restrict access to User Content that we believe violates these Terms, applicable law, or the rights or safety of others.

Axiom Genesis Labs is not obligated to back up any User Content you submit to neso. You are solely responsible for maintaining your own backup copies of any photos, logs, notes, or other content you store in neso.

8.Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms.

You control the information you choose to enter into neso and may request deletion of your account and associated data as described in the Privacy Policy.

9.Third-Party Services

neso may link to or integrate with third-party services (such as Apple Pay, Google Pay, or similar platforms). We are not responsible for their content, terms, privacy practices, accuracy, availability, or security. Your use of third-party services is at your own risk, and is governed by that third party's own terms and privacy policy, which you agree to accept.

9A.App Store Terms

If you access neso through the Apple App Store or Google Play Store (each, an "App Store"), the following additional terms apply and take precedence over any conflicting provision in these Terms, solely with respect to your use of neso through that App Store:

These Terms are an agreement between you and Axiom Genesis Labs only, not with the App Store, and Axiom Genesis Labs — not the App Store — is solely responsible for neso and its content.

Your license to use neso is limited to a non-transferable license to use neso on a device that you own or control, as permitted by the applicable App Store's usage rules.

Axiom Genesis Labs, not the App Store, is solely responsible for providing any maintenance and support for neso, to the extent required by these Terms or applicable law. The App Store has no obligation to furnish any maintenance or support.

In the event neso fails to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price to you, if any; to the maximum extent permitted by law, the App Store has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses will be Axiom Genesis Labs' sole responsibility.

Axiom Genesis Labs, not the App Store, is responsible for addressing any claims relating to neso or your use of it, including product liability claims, claims that neso fails to meet applicable legal or regulatory requirements, and claims under consumer protection law.

In the event of any third-party claim that neso infringes that party's intellectual property rights, Axiom Genesis Labs, not the App Store, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.

You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties.

Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms, and, upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

10.Medical, AI, and Medication Disclaimer

neso is a consumer application for personal record-keeping and general informational caregiving support.

neso is not a medical device, healthcare provider, clinical service, emergency response service, remote patient monitoring service, or HIPAA-covered service.

neso may use AI to help organize information, generate summaries, answer questions, process voice input, structure caregiver notes, and provide general educational content. AI-generated content may be incomplete, inaccurate, outdated, or not appropriate for your specific situation.

Medication logs are user-entered records for personal reference and organization only. neso does not provide medication dosing guidance, medication safety assessments, medical advice, clinical recommendations, or treatment instructions based on medication logs or any other information entered into neso.

Nothing in neso, including any content, feature, AI-generated response, suggestion, summary, notification, log, medication log, or communication, constitutes medical advice, diagnosis, treatment, dosing guidance, medication guidance, emergency guidance, or a substitute for professional care.

You should not rely on neso to make medical, medication, emergency, or health-related decisions. Always consult a qualified healthcare provider regarding questions or concerns about the health, development, symptoms, medication, or medical care of a child or caregiver. In emergencies, seek immediate medical attention.

To the fullest extent permitted by law, Axiom Genesis Labs disclaims any and all liability for reliance on neso content or AI-generated output in connection with medical, medication, emergency, or health-related decisions.

11.Disclaimers and Limitation of Liability

neso is provided "as is" and "as available" without express or implied warranties of any kind. To the fullest extent permitted by law, Axiom Genesis Labs disclaims all express and implied warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, reliability, and security.

We do not warrant that neso will be uninterrupted, error-free, secure, accurate, complete, or that any content will meet your needs or expectations.

To the fullest extent permitted by law, Axiom Genesis Labs shall not be liable for any direct, indirect, incidental, general, economic, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, goodwill, use, or other intangible losses arising out of or related to neso or these Terms, whether or not Axiom Genesis Labs has been advised of the possibility of such damages.

Our total liability shall not exceed the greater of $100 or the amount you paid to Axiom Genesis Labs in the twelve months preceding the claim. The existence of more than one claim will not enlarge this limit. You acknowledge that our suppliers and licensors will have no liability under these Terms.

12.Indemnification

You agree to indemnify and hold harmless Axiom Genesis Labs, its affiliates, officers, directors, shareholders, accountants, lawyers, employees, agents, licensors, contractors, service providers, successors, and assigns (collectively, the "Indemnified Parties") from any claims, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use of neso, your User Content, your violation of these Terms, your violation of law, or your violation of another person’s rights.

13.Termination

We may suspend or terminate your account or access to neso if we believe you have violated these Terms, created risk or potential legal exposure, or used neso in a way that may harm Axiom Genesis Labs, users, children, caregivers, service providers, or the integrity of the service, at neso's sole discretion.

Upon termination, your right to use neso ceases. Sections that by their nature should survive termination will continue, including intellectual property, user content licenses, privacy, disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions.

14.Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

Before initiating any legal proceeding, you agree to first contact us at support@helloneso.com and make a good-faith effort to resolve the dispute informally.

If a dispute cannot be resolved informally, it will be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, except where prohibited by applicable law.

You may opt out of the arbitration provision by emailing support@helloneso.com within thirty (30) days after first accepting these Terms.

Regardless of whether you opt out of arbitration under this Section, or whether arbitration is unavailable or unenforceable for any reason, you agree not to bring or participate in any class, collective, consolidated, mass, or representative action against Axiom Genesis Labs, whether in arbitration or in court, to the fullest extent permitted by applicable law.

Notwithstanding the foregoing, nothing in this Section prevents you from seeking public injunctive relief in court to the extent such relief cannot be waived as a matter of applicable law. If you bring a claim for public injunctive relief, any such claim will be stayed pending the resolution of any individual arbitration or court claims between you and Axiom Genesis Labs.

If 25 or more substantially similar arbitration demands are filed against Axiom Genesis Labs by or with the assistance of the same law firm, group of law firms, or organization within a 60-day period, the arbitration provider shall administer those demands in batches of no more than 25 demands per batch, resolved sequentially, and the parties agree to cooperate in good faith with Axiom Genesis Labs and the arbitration provider to implement this batching process.

If any provision of this Section is found unenforceable for any claim or dispute, the remainder of this Section shall remain in full force and effect, and that claim or dispute shall proceed on an individual basis only, in arbitration or in court as otherwise provided in this Section, to the extent permitted by law.

15.General Provisions

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Axiom Genesis Labs regarding neso.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. No waiver of any breach or provision will be considered a waiver of any other breach or provision.

We may assign our rights or obligations under these Terms. You may not assign your rights or obligations without our prior written consent.

These Terms do not create any partnership, joint venture, employment, franchise, fiduciary, or agency relationship.

Section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means including without limitation.

16.Amendment

We may modify these Terms from time to time. Material changes will be notified through neso, the website, or by your email on file. Changes are effective immediately for new users. For existing users, changes are effective five (5) days after we send notice or post it, whichever is earlier. Your continued use of neso after that date constitutes acceptance of the updated Terms. If you object to a change, your sole recourse is to stop using neso and delete your account before the change takes effect.

17.Contact Information

If you have any questions about these Terms of Service, please contact us by email at support@helloneso.com marking the message “Attention: Terms of Service”, or by writing to us at: