PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE BABY SESAME PLATFORM. BY DOWNLOADING, ACCESSING, OR USING BABY SESAME, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
1. Agreement to These Terms
These Terms of Use ("Terms") govern your access to and use of the Baby Sesame mobile application, web-based profile viewer, and any associated services (collectively, the "Platform") provided by Baby Size Me Inc. d/b/a Baby Sesame ("Baby Sesame," "we," "our," or "us").
By creating an account, downloading, or using the Platform in any manner, you confirm that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy (incorporated herein by reference). If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
We reserve the right to modify these Terms at any time. We will notify you of material changes through the Platform or by email. Continued use of the Platform after the effective date of any modification constitutes your acceptance of the revised Terms.
2. Eligibility
You must be at least 18 years of age to create an account or use the Platform. The Platform is intended for use by parents, legal guardians, and family members or friends of children whose profiles are shared through the Platform. By using the Platform, you represent and warrant that:
- You are at least 18 years of age;
- You have the legal capacity to enter into a binding contract;
- You are not prohibited by law from using the Platform;
- You are a resident of the United States or a jurisdiction in which the Platform is offered; and
- You will use the Platform only in compliance with these Terms and all applicable local, state, national, and international laws and regulations.
3. Account Registration & Security
To use most features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You agree to notify Baby Sesame immediately at legal@babysesame.com if you suspect any unauthorized access to or use of your account. Baby Sesame is not liable for any loss or damage arising from your failure to safeguard your account credentials.
Baby Sesame reserves the right to suspend or terminate your account at any time, with or without notice, for any violation of these Terms or for any other reason in our sole discretion.
4. Description of the Platform & Services
Baby Sesame is a gifting platform that enables parents and legal guardians to create profiles for their children containing size information, interests, favorites, and wishlists, and to share those profiles with family members and friends to facilitate thoughtful, personalized gift-giving. Key features include:
- Child profile creation (sizes, interests, favorites, photos, wishlist items, events)
- Shareable web-based profile links (accessible without downloading the Platform)
- Social follow features to connect with other families
- Event and birthday reminders
- Wishlists with links to external retailer products
- Discovery and connection features
Baby Sesame is a platform and marketplace facilitator, not a retailer. We do not sell, ship, or fulfill any products. All purchases are made directly through third-party retailers at the user's independent direction.
5. Affiliate Commissions & Retail Partnerships — User Consent
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. BY USING THE PLATFORM, YOU EXPRESSLY CONSENT TO BABY SESAME'S AFFILIATE COMMISSION ARRANGEMENTS AND DATA USE DESCRIBED IN THIS SECTION.
5.1 How Affiliate Commissions Work
Baby Sesame operates as a participant in affiliate marketing programs. When you add a product link to your child's profile or wishlist, Baby Sesame may associate that link with an affiliate tracking code. If a family member, friend, or other person clicks that link and completes a purchase through the affiliated retailer, Baby Sesame may receive a commission or referral fee from the retailer or affiliate network. This commission is paid by the retailer — not by the purchaser — and does not affect the price paid for any item.
5.2 User Consent to Affiliate Arrangements
By using the Platform, you acknowledge and agree that:
- Baby Sesame's affiliate commission program is a fundamental part of the Platform's free-to-use business model;
- You are providing informed consent to Baby Sesame's affiliate arrangements as a condition of using the Platform's services at no charge;
- Baby Sesame may earn commissions on purchases made in connection with products or links you add to your child's profile, without any separate notice to you for each specific transaction;
- Baby Sesame may modify or expand its affiliate partnerships at any time upon notice via updated Terms;
- You will not attempt to circumvent, disable, or interfere with affiliate tracking links or codes associated with the Platform.
5.3 Data Use for Retail & Gifting Partnerships
You further consent to Baby Sesame's use of the information you provide — including product preferences, wish list items, retailer associations, child sizing data, interests, and age/birthday information — for the following commercial purposes:
- To establish, maintain, and expand relationships with retail brands, gift vendors, and e-commerce platforms as commercial partners;
- To receive curated product catalogs, promotional pricing, and tailored gift recommendations from retail partners for display within the Platform;
- To provide anonymized, aggregated, or pseudonymized data to retail partners regarding Platform user preferences, category interests, and gifting trends;
- To display sponsored or promoted products within the Platform that may be relevant to child profile data, clearly labeled as sponsored where required by applicable law;
- To provide retailers with conversion confirmation (i.e., confirmation that a purchase was made through a Platform-associated link), which may include aggregate or anonymized attribution data.
Baby Sesame will not sell individually identifiable child information to third parties for their independent marketing purposes without your explicit consent. Data sharing with retail partners is subject to data processing agreements that restrict partners from using shared data beyond the purposes described in these Terms and our Privacy Policy.
5.4 No Guarantee of Commission Disclosure per Transaction
By accepting these Terms, you acknowledge that you have received full and adequate disclosure of Baby Sesame's affiliate commission practices, and you agree that no additional per-transaction disclosure is required. This section constitutes Baby Sesame's standing FTC-compliant material relationship disclosure in accordance with 16 CFR Part 255.
6. External Links, Third-Party Sites & Purchases
IMPORTANT — PLEASE READ: The Platform allows users to add links to products available on third-party retail websites. These websites are entirely independent of Baby Sesame. When you or any person clicks a link associated with a child's profile or wishlist, you may be redirected to a third-party website that is not owned, controlled, or operated by Baby Sesame.
Baby Sesame expressly disclaims, to the fullest extent permitted by applicable law, any and all responsibility or liability arising from:
- Any purchase made through a link added to the Platform, including product quality, safety, fit, appropriateness, availability, pricing, or delivery;
- Any dispute between a purchaser and a third-party retailer;
- Any product liability claim related to a gift purchased through the Platform;
- The privacy practices, data collection, security, content, or terms of any third-party website or service;
- Any harm, financial loss, personal injury, property damage, or other damage arising from use of or reliance on any third-party website or product purchased through a link on the Platform;
- Any transaction, communication, or interaction between gift-givers and gift-recipients facilitated through the Platform;
- The safety or age-appropriateness of any product listed on a child's profile or wishlist, which is the sole responsibility of the Parent who added the item.
Inclusion of a link to an external website or product on the Platform does not constitute Baby Sesame's endorsement, approval, or recommendation of that website, product, or retailer. Users are strongly advised to exercise independent judgment, conduct their own research, and review the terms and privacy policies of any third-party website before making any purchase or sharing personal information.
ALL EXTERNAL VISITS AND PURCHASES ARE MADE ENTIRELY AT THE USER'S OWN RISK.
7. Limitations of Use
By using the Platform, you warrant that you will not:
- Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations;
- Create profiles for children who are not your own children or children for whom you are not a legal guardian or authorized caregiver, without the permission of the parent or guardian;
- Post, transmit, or share any content that is defamatory, obscene, harassing, fraudulent, abusive, or otherwise objectionable;
- Upload or share any content that infringes the intellectual property, privacy, or other rights of any third party;
- Attempt to gain unauthorized access to any part of the Platform, other user accounts, or Baby Sesame's computer systems;
- Use automated tools, bots, scrapers, or similar methods to access, collect, or use Platform content or user data;
- Attempt to reverse-engineer, decompile, disassemble, or derive the source code of the Platform;
- Interfere with or disrupt the operation of the Platform or the servers and networks that support it;
- Harvest or collect user data without the user's consent;
- Use the Platform for any commercial purpose other than as expressly permitted in these Terms;
- Circumvent, disable, or otherwise interfere with any affiliate tracking or commission attribution features;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Solicit, recruit, or otherwise contact other users for commercial, marketing, or solicitation purposes outside the Platform.
8. User-Generated Content & License
You retain ownership of the content you submit to the Platform (including photos, text, and wishlist information). By submitting content to the Platform, you grant Baby Sesame a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, display, reproduce, modify, adapt, and distribute your content to the extent necessary to operate and improve the Platform, including in connection with affiliate and retail partner programs as described in Section 5.
You represent and warrant that: (a) you own or have the necessary rights to the content you submit; (b) your content does not violate any applicable law or the rights of any third party; and (c) you have obtained all necessary consents to include photos or identifying information of any child in your profile.
You may delete your content at any time through the Platform settings. Deletion of your account will result in removal of your content from public view within a commercially reasonable period. Baby Sesame may retain certain content in backup systems or as required by law.
9. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BABY SIZE ME INC. D/B/A BABY SESAME AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "BABY SESAME PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS;
- WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENCY, OR USEFULNESS OF ANY INFORMATION OR CONTENT ON OR ACCESSIBLE THROUGH THE PLATFORM;
- WARRANTIES AS TO THE QUALITY, SAFETY, APPROPRIATENESS, OR SUITABILITY OF ANY PRODUCT PURCHASED THROUGH A LINK ON THE PLATFORM;
- WARRANTIES AS TO THE ACCURACY OF ANY CHILD PROFILE INFORMATION, WHICH IS ENTERED ENTIRELY BY THE PARENT OR GUARDIAN;
- WARRANTIES THAT ANY AFFILIATE COMMISSIONS WILL BE EARNED OR THAT SPECIFIC PRODUCTS WILL BE AVAILABLE THROUGH AFFILIATE PROGRAMS;
- WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY & INDEMNIFICATION
10.1 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BABY SESAME PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
- PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE;
- HARM ARISING FROM ANY PURCHASE MADE THROUGH THE PLATFORM OR AN EXTERNAL LINK, INCLUDING PRODUCT DEFECTS, SAFETY ISSUES, OR DELIVERY FAILURES;
- HARM ARISING FROM RELIANCE ON ANY CHILD PROFILE INFORMATION ENTERED BY A PARENT OR GUARDIAN;
- HARM ARISING FROM GIFTS THAT ARE INAPPROPRIATE, UNSAFE, OR UNSUITABLE FOR THE RECIPIENT;
- HARM ARISING FROM THE CONDUCT OF OTHER USERS, THIRD-PARTY RETAILERS, GIFT-GIVERS, OR RECIPIENTS;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- HARM ARISING FROM ANY THIRD-PARTY WEBSITE OR SERVICE ACCESSED THROUGH A LINK ON THE PLATFORM;
- LOSS RESULTING FROM A DATA BREACH, EVEN IF BABY SESAME WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
- ANY OTHER MATTER RELATED TO THE PLATFORM, THESE TERMS, OR YOUR USE OF THE SERVICES.
IN ALL CASES, THE TOTAL AGGREGATE LIABILITY OF THE BABY SESAME PARTIES FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE TOTAL AMOUNTS PAID BY YOU TO BABY SESAME (IF ANY) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE). SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.2 User Indemnification
You agree to defend, indemnify, and hold harmless the Baby Sesame Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of or access to the Platform;
- Any child profile or other content you submit to the Platform;
- Your violation of these Terms or any applicable law or regulation;
- Your violation of any third party's rights, including intellectual property, privacy, or publicity rights;
- Any product purchased through a link on the Platform, including product liability claims;
- Any dispute between you and any third-party retailer, gift-giver, or gift-recipient;
- Your sharing of a child's profile link with any person, and any consequences of that person accessing the shared profile;
- Any misrepresentation made by you in connection with the Platform.
Baby Sesame reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Baby Sesame's defense of such claims.
10.3 Assumption of Risk
You expressly acknowledge and agree that use of the Platform involves inherent risks, including risks related to data security, third-party conduct, and purchases made through external links. You assume all risks associated with your use of the Platform and with any purchases, interactions, or decisions made in connection with the Platform.
11. Intellectual Property
All intellectual property rights in the Platform (including its design, text, graphics, software, features, and functionality) are owned by or licensed to Baby Size Me Inc. d/b/a Baby Sesame. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform on your personal device for your personal, non-commercial use only.
You may not reproduce, distribute, create derivative works from, publicly display, publicly perform, or otherwise exploit any part of the Platform or its content without Baby Sesame's prior written consent. All rights not expressly granted in these Terms are reserved by Baby Sesame.
"Baby Sesame," the Baby Sesame logo, and any other Baby Sesame product or service names are trademarks or service marks of Baby Size Me Inc. d/b/a Baby Sesame. You may not use these marks without our prior written permission.
12. Privacy
Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy, including the affiliate commission and data-sharing practices described in Section 5 of these Terms and Section 5 of the Privacy Policy.
13. Automatic Updates
By installing the Platform, you authorize Baby Sesame to deliver and install updates, bug fixes, security patches, and feature enhancements automatically on your device in accordance with your device and app store settings. You may revoke this authorization at any time by uninstalling the Platform.
14. Termination
Baby Sesame may suspend or permanently terminate your account and access to the Platform at any time, with or without cause and with or without notice, including for violation of these Terms, conduct that harms other users or Baby Sesame, or for any operational reason.
You may terminate your account at any time by using the account deletion feature within the Platform or by contacting us at legal@babysesame.com. Upon termination, your right to use the Platform ceases immediately. Sections 5, 6, 9, 10, 11, 15, 16, 17, 18, and 19 of these Terms survive termination.
15. Dispute Resolution & Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
15.1 Informal Resolution
Before initiating any formal dispute process, you agree to contact Baby Sesame at legal@babysesame.com and provide a written description of the dispute, the relief you seek, and your contact information. Baby Sesame will have 30 days to attempt to resolve the dispute informally. If we cannot resolve the dispute informally within that period, either party may initiate arbitration.
15.2 Binding Arbitration
EXCEPT AS SET FORTH IN SECTION 15.4, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION BEFORE ONE ARBITRATOR, ADMINISTERED BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES, EXCEPT AS MODIFIED BY THESE TERMS.
The arbitration shall take place in New York County, New York, or may be conducted remotely at Baby Sesame's election. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this Section.
Baby Sesame will pay arbitration filing fees for claims under $10,000. For claims over $10,000, filing fees will be allocated per JAMS rules. Each party bears its own attorneys' fees unless the arbitrator determines that a claim or defense was frivolous, in which case the arbitrator may award attorneys' fees.
15.3 Class Action Waiver
YOU AND BABY SESAME EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A CLASS ACTION. YOU ALSO AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15.4 Exceptions to Arbitration
Notwithstanding Section 15.2, the following disputes are not subject to arbitration and may be pursued in court: (a) claims for injunctive or other equitable relief to protect Baby Sesame's intellectual property; (b) claims that applicable law expressly exempts from arbitration; and (c) claims within the jurisdiction of a small claims court.
16. Governing Law & Venue
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. To the extent any matter is not subject to arbitration under Section 15, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, for the resolution of such disputes.
17. App Store Notices
17.1 Apple App Store
If you access or download the Platform from the Apple App Store, you acknowledge and agree:
- These Terms are between you and Baby Sesame, not Apple, Inc. ("Apple"). Apple is not responsible for the Platform or its content.
- Apple has no obligation to provide any maintenance or support services for the Platform.
- If the Platform fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation regarding the Platform.
- Apple is not responsible for addressing any claims relating to the Platform, including product liability claims, failure to conform to legal requirements, or consumer protection claims.
- Apple is not responsible for investigating or defending intellectual property infringement claims related to the Platform.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.
- You represent that you are not subject to U.S. Government embargo or designated as a prohibited or restricted party.
17.2 Google Play Store
If you access or download the Platform from the Google Play Store, you agree to comply with the Google Play Terms of Service and any applicable Android terms. These Terms are between you and Baby Sesame only, not Google LLC.
18. General Provisions
18.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Baby Sesame regarding your use of the Platform and supersede all prior agreements, representations, and understandings.
18.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
18.3 Waiver
Baby Sesame's failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision unless acknowledged and agreed to by Baby Sesame in writing.
18.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without Baby Sesame's prior written consent. Baby Sesame may freely assign these Terms, including in connection with a merger, acquisition, or sale of assets.
18.5 Force Majeure
Baby Sesame is not liable for any delay or failure in performance to the extent caused by circumstances beyond our reasonable control, including natural disasters, acts of government, pandemic, or failures of third-party services.
18.6 Electronic Communications
You consent to receive communications from Baby Sesame electronically, including via email, push notification, and in-app messages. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.
19. Contact Us
For questions about these Terms or the Platform, please contact us:
Baby Size Me Inc. d/b/a Baby Sesame
Email: legal@babysesame.com
These Terms of Use were drafted for compliance with applicable U.S. federal and state law as of 2026, including the Federal Arbitration Act, FTC regulations, COPPA, and applicable state consumer protection and privacy laws. These Terms do not constitute legal advice. Baby Sesame recommends periodic review by qualified legal counsel.