These Terms of Service ("Terms") govern your use of the Newborn AI Sleep Coach mobile application (the "App"), provided by Van Mierlo Solutions Ltd, operating as Kyma Studio, a company registered in Cyprus ("we," "us," "our").
By creating an account or using the App, you agree to these Terms. If you do not agree, do not use the App.
1. Eligibility
You must be 18 years of age or older to create an account and use the App. The App is intended for use by parents and caregivers on behalf of their infant; it is not intended for use by children, and children do not create accounts or use the App directly.
2. Description of the service
The App provides sleep tracking, personalized routines, white noise, and an AI-powered sleep coach ("AI Coach") intended to support parents and caregivers of infants, primarily newborns aged 0 to 16 weeks, with guidance up to 12 months.
The App is not a medical device or medical service. It does not diagnose, treat, or provide medical advice, and nothing in the App, including AI Coach responses, replaces the advice of a qualified pediatrician or healthcare provider. Always consult your pediatrician regarding your baby's health, sleep safety, or any concerns, particularly for premature babies or babies with a medical condition. See our full medical disclaimer in Section 8.
3. Your account
You are responsible for maintaining the confidentiality of your account and for all activity under it. You agree to provide accurate information when creating your account, and to keep it up to date.
You may delete your account at any time directly within the App, under Settings. This permanently removes your account and associated data, as described in our Privacy Policy. Deleting your account does not automatically cancel an active paid subscription; see Section 5 below.
4. Free trial
New accounts receive a free trial period (the length of which may vary, including extensions available through referral codes, as described in Section 6). At the end of the trial, continued access to premium features requires an active paid subscription. We will indicate trial status within the App.
5. Subscriptions and billing
Certain features of the App (including the AI Coach and Progress sections) require a paid subscription after the free trial ends. Subscriptions are billed through Google Play or the Apple App Store, depending on your device, and are subject to their respective terms and payment systems.
- Auto-renewal: subscriptions automatically renew at the end of each billing period unless cancelled beforehand.
- Cancellation: you can cancel your subscription at any time through your Google Play or Apple App Store account settings. Cancellation takes effect at the end of the current billing period; we do not provide partial refunds for unused time within a billing period, except where required by law or store policy.
- Price changes: we may change subscription prices from time to time. Any change will not affect a billing period you have already paid for, and we will provide notice before a price change applies to your next renewal, where required.
- Subscriptions are per user account, not per baby profile. A single subscription covers all baby profiles created under one account.
- Deleting your account does not cancel your subscription. You must cancel separately through the App Store or Play Store to stop future billing; the App will remind you of this if you attempt to delete your account while a subscription is active.
6. Referral program
The App includes a referral program that allows you to share a personal referral code with others. Details of trial extensions and rewards earned through referrals are described within the App and may be updated from time to time. We reserve the right to modify, limit, or discontinue the referral program, or to withhold or reverse rewards obtained through fraudulent or abusive use of referral codes.
7. Annual member bonus content
Annual subscribers may receive access to bonus content (such as the Calm Baby Toolkit), delivered digitally within the App. This content is provided for general educational purposes as described in Section 8, and access is tied to maintaining an active annual subscription.
8. Medical disclaimer
The App, including all content generated by the AI Coach, daily insights, and any bonus guides, is provided for general informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your pediatrician or other qualified healthcare provider with any questions you may have regarding your baby's health, development, or sleep safety. Never disregard professional medical advice or delay seeking it because of something you read or were told within the App.
If you believe your baby is experiencing a medical emergency, contact emergency services immediately. We are not responsible for any decision you make based on information provided through the App.
9. AI Coach limitations
The AI Coach uses artificial intelligence to generate responses based on the information you provide. Its responses:
- May not always be accurate, complete, or appropriate for your baby's specific situation.
- Are generated automatically and are not reviewed by a medical professional before being shown to you.
- Should be treated as general guidance only, not as a substitute for professional advice, per Section 8.
We continually work to improve the AI Coach, but we do not guarantee the accuracy or reliability of any specific response.
10. Acceptable use
You agree not to:
- Use the App for any unlawful purpose, or in a way that violates any applicable law or regulation.
- Attempt to gain unauthorized access to the App, other users' accounts, or our systems.
- Misuse the referral program, including creating fraudulent accounts or referrals.
- Reverse-engineer, decompile, or attempt to extract the source code of the App, except where permitted by law.
- Use automated means to access or interact with the App outside of normal use.
We reserve the right to suspend or terminate accounts that violate these Terms.
11. Intellectual property
The App, including its design, text, graphics, logos, and underlying code, is owned by Van Mierlo Solutions Ltd and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the App without our prior written permission.
Content you input into the App (such as sleep log entries or AI Coach messages) remains yours; by using the App, you grant us a license to process this content solely for the purpose of providing and improving the App's features, as described in our Privacy Policy.
12. Disclaimer of warranties
The App is provided "as is" and "as available," without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or completely secure.
13. Limitation of liability
To the maximum extent permitted by applicable law, Van Mierlo Solutions Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the App, including but not limited to reliance on any information provided by the AI Coach or other features of the App.
Nothing in these Terms limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or liability that cannot be excluded under consumer protection laws in your jurisdiction.
14. Termination
We may suspend or terminate your access to the App if you violate these Terms, or for any other reason at our discretion, with or without notice. You may stop using the App and delete your account at any time, as described in Section 3.
15. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date above, and where appropriate, notify you within the App. Continued use of the App after changes take effect constitutes acceptance of the updated Terms.
16. Governing law
These Terms are governed by the laws of Cyprus, without regard to its conflict of law principles, except where mandatory consumer protection laws of your country of residence provide otherwise and cannot be waived.
17. Contact us
Van Mierlo Solutions Ltd (Kyma Studio) Registered in Cyprus Email: [email protected]