Terms of Service - Nestling Baby Sleep Tracker

Last Updated: 3 January 2025

Welcome to Nestling. Please read these Terms of Service carefully before using our app. By downloading, accessing, or using Nestling, you agree to be bound by these terms.

1. About Us

Nestling is operated by AKP Ventures Ltd, a company registered in England and Wales.

Company name: AKP Ventures Ltd
Company number: 15968817
Contact email: support@nestling-app.com

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and AKP Ventures Ltd regarding your use of Nestling.

2. Acceptance of Terms

By using Nestling, you confirm that:

You have read, understood, and agree to be bound by these Terms of Service
You have read and understood our Privacy Policy
You are at least 13 years of age (or the minimum age required in your jurisdiction to use digital services)
If you are using Nestling on behalf of a child, you are the parent or legal guardian with authority to enter into this agreement

If you do not agree to these terms, you must not use Nestling.

3. Description of Service

Nestling is a mobile application designed to help parents and caregivers track their baby's sleep patterns, feeding schedules, and related activities. The service includes:

Free Plan (No Cost)

Unlimited sleep tracking with timer and manual entry
Feed and nappy change logging
Data visualizations and insights (daily, weekly, monthly views)
Sleep diary for notes and observations
Data export functionality (CSV format)
Optional cloud sync
Autumn theme
Live Activities for lock screen sleep timer

Premium Plan (Subscription)

Includes everything in Free, plus:

AI-powered Sleep Coach with personalized, evidence-based advice
Interactive chat interface to ask questions about sleep patterns
Context-aware insights based on your baby's data
Four additional premium themes (Lux White, Dark, Baby Blue, Baby Pink)
Priority customer support

4. User Accounts and Registration

Account Creation

You may use the Free plan without creating an account. To access certain features (including cloud sync and AI Sleep Coach), you may optionally sign in with your Apple ID using Sign In with Apple.

Account Security

You are responsible for:

Maintaining the security of your Apple ID credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use of your account

Age Restrictions

You must be at least 13 years old to use Nestling (or the minimum age required in your jurisdiction). Nestling is intended for use by parents and caregivers, not by children.

5. Subscriptions and Payment

Premium Plan Subscription

Price: £4.99 per month (or equivalent in your local currency)
Billing: Monthly subscription charged to your Apple ID account
Payment processor: All payments are processed by Apple through the App Store

Automatic Renewal

Your subscription will automatically renew unless you cancel at least 24 hours before the end of the current billing period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period at the same price.

Managing Your Subscription

You can manage and cancel your subscription at any time through your Apple ID account settings. Visit the App Store, tap your profile icon, select Subscriptions, and choose Nestling.

Cancellation and Refunds

You may cancel your subscription at any time, and you will retain access to Premium features until the end of your current billing period
No refunds will be provided for unused portions of a subscription period
Refund requests must be directed to Apple, as they process all App Store payments. We do not have access to Apple's payment systems
If you are a consumer in the UK or EU, you have certain statutory cancellation rights under the Consumer Contracts Regulations 2013 and Consumer Rights Directive. However, by using the service immediately upon purchase, you acknowledge that you waive your right to a cooling-off period

Price Changes

We reserve the right to change subscription prices at any time. We will provide you with reasonable notice of any price changes, and you will have the opportunity to cancel before the new price takes effect.

6. Data Protection and Privacy

We are committed to protecting your privacy and complying with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

Your Data Rights

Under UK data protection law, you have the right to:

Access your personal data
Rectify inaccurate personal data
Request erasure of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data (data portability)
Withdraw consent at any time where processing is based on consent

For full details on how we collect, use, and protect your data, please read our Privacy Policy.

Children's Data

Nestling is designed for parents and caregivers to track information about their babies and children. You are responsible for ensuring you have the right to enter information about your child into the app. We process children's data only as directed by you as the parent or guardian.

7. Acceptable Use

You agree to use Nestling only for lawful purposes and in accordance with these Terms. You must not:

Use the app in any way that violates any applicable local, national, or international law or regulation
Use the app in any manner that could damage, disable, overburden, or impair the app or interfere with any other party's use of the app
Attempt to gain unauthorized access to any part of the app, other accounts, computer systems, or networks connected to the app
Use any automated system, including "robots," "spiders," or "offline readers," to access the app
Transmit any viruses, malware, or other malicious code
Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the app
Use the app to harm, abuse, or exploit children in any way
Misrepresent your identity or impersonate any person or entity
Share your account credentials with unauthorized third parties
Use the app for any commercial purpose without our express written consent

8. Medical Disclaimer

IMPORTANT: Nestling is NOT a medical device and does NOT provide medical advice, diagnosis, or treatment.

No Medical Advice

The app and AI Sleep Coach provide general information and educational content only
Nothing in the app constitutes medical, health, or childcare advice
The AI Sleep Coach is not a substitute for professional medical advice, diagnosis, or treatment
Information provided is based on general research and may not be suitable for your specific situation

Always Consult Healthcare Professionals

Always seek the advice of your pediatrician, doctor, or other qualified healthcare provider with any questions about your baby's health, sleep, or development
Never disregard professional medical advice or delay seeking it because of something you read in Nestling
If you think your baby may have a medical emergency, call emergency services (999 in the UK) immediately
Reliance on any information provided by Nestling is solely at your own risk

AI Limitations

The AI Sleep Coach uses artificial intelligence technology which has inherent limitations. It may provide inaccurate, incomplete, or inappropriate advice. It does not replace professional judgment or expertise.

9. Intellectual Property Rights

Our Rights

Nestling and its original content, features, functionality, design, graphics, software code, and user interface are owned by AKP Ventures Ltd and are protected by:

UK and international copyright law
UK and international trademark law
Other intellectual property and proprietary rights laws

Your License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

Download and install the app on devices you own or control
Use the app for your personal, non-commercial purposes

This license does not include any right to: (a) resell or make commercial use of the app; (b) modify or create derivative works; (c) distribute, transmit, or sublicense the app; or (d) use data mining, robots, or similar data gathering tools.

Your Data

You retain all rights to the data you enter into Nestling (sleep logs, notes, feed times, etc.). By using the app, you grant us permission to:

Store and process your data as described in our Privacy Policy
Use your data to provide and improve our services
Process your data through AI systems when you use the AI Sleep Coach feature
Create anonymized, aggregated statistics that do not identify you personally

You can export or delete your data at any time through the app settings.

Trademarks

Nestling, our logo, and other marks displayed in the app are trademarks of AKP Ventures Ltd. You may not use these marks without our prior written permission.

10. Third-Party Services and Links

Third-Party Service Providers

Nestling integrates with the following third-party services:

Firebase (Google LLC): For authentication, cloud sync, and anonymous usage analytics
AI providers hosted on AWS or equivalent cloud infrastructure: For AI Sleep Coach features (Premium plan only)
Apple App Store: For payment processing and subscription management
Apple: For Sign in with Apple authentication

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.

Third-Party Links

The app may contain links to external websites or resources. We are not responsible for the availability, content, or practices of third-party websites.

11. Disclaimers and Warranties

Service Provided "As Is"

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NESTLING IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties that the app will be uninterrupted, timely, secure, or error-free
Warranties regarding the accuracy, reliability, or completeness of content, information, or advice provided
Warranties that defects will be corrected or that the app is free from viruses or other harmful components

UK Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under UK law, including your rights under the Consumer Rights Act 2015. If you are a consumer in the UK:

Digital content must be as described, fit for purpose, and of satisfactory quality
If digital content is faulty, you may be entitled to a repair, replacement, or refund
You have the right to a refund if we cannot fix digital content within a reasonable time, without significant inconvenience, and without cost to you

No Guarantee of Results

We do not guarantee that using Nestling will improve your baby's sleep, solve sleep problems, or achieve any particular outcome. Individual results vary greatly.

12. Limitation of Liability

Exclusions

TO THE MAXIMUM EXTENT PERMITTED BY UK LAW, AKP VENTURES LTD SHALL NOT BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or other intangible losses
Damages resulting from your use or inability to use the app
Damages resulting from unauthorized access to or alteration of your data
Damages resulting from reliance on information or advice provided by the app or AI Sleep Coach
Damages resulting from any third-party content, services, or conduct

Cap on Liability

Our total aggregate liability to you for all claims arising from or related to these Terms or the app shall not exceed the greater of: (a) the total amount you paid to us in the 12 months immediately preceding the event giving rise to liability, or (b) £100.

Exceptions

Nothing in these Terms excludes or limits our liability for:

Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Any liability that cannot be excluded or limited under UK law

Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon the limitations of liability set forth herein, which allocate risk between us and form the basis of the bargain between the parties.

13. Indemnification

You agree to defend, indemnify, and hold harmless AKP Ventures Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

Your use or misuse of Nestling
Your violation of these Terms
Your violation of any rights of another person or entity
Your violation of any applicable laws or regulations
Any content or data you submit to the app

14. Suspension and Termination

Termination by Us

We reserve the right to suspend or terminate your access to Nestling immediately, without prior notice or liability, for any reason, including but not limited to:

Breach of these Terms of Service
Fraudulent, abusive, or illegal activity
Requests by law enforcement or government agencies
Extended periods of inactivity
Technical or security issues
Discontinuation or material modification of the app

Termination by You

You may terminate your use of Nestling at any time by:

Deleting the app from your device
Canceling your subscription through your Apple ID account settings
Deleting your account through the app settings (if you created one)

Effect of Termination

Upon termination:

Your right to use the app will cease immediately
If you have an active subscription, you will retain access until the end of the current billing period (no refunds for partial periods)
We may delete your account and data in accordance with our data retention policies
You should export any data you wish to retain before termination

Survival

Sections 8 (Medical Disclaimer), 9 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law), and 16 (Dispute Resolution) shall survive any termination of these Terms.

15. Governing Law and Jurisdiction

Governing Law

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales.

Jurisdiction

Subject to the Dispute Resolution provisions below:

If you are a consumer in the UK, you may bring legal proceedings in the courts of England and Wales, Scotland, or Northern Ireland, depending on where you live
If you are a business user, you agree to submit to the exclusive jurisdiction of the courts of England and Wales

International Users

If you access Nestling from outside the United Kingdom, you are responsible for compliance with local laws in your jurisdiction. By using Nestling, you consent to having your data transferred to and processed in the United Kingdom and other countries where our service providers operate.

16. Dispute Resolution

Informal Resolution

If you have any dispute, claim, or controversy with us, please first contact us at support@nestling-app.com with a detailed description of the issue. We will attempt to resolve the matter informally through good faith negotiation within 30 days.

Alternative Dispute Resolution (UK Consumers)

If you are a consumer in the UK or EU, you may have the right to use alternative dispute resolution services:

You can submit a complaint through the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr
We are not obliged to participate in alternative dispute resolution, but we will consider it on a case-by-case basis

Arbitration (Business Users)

If you are using Nestling for business purposes, any dispute that cannot be resolved informally shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, with the seat of arbitration in London, England.

17. Changes to These Terms

Right to Modify

We reserve the right to modify or replace these Terms at any time at our sole discretion. Changes may be necessary due to legal, regulatory, operational, or other reasons.

Notice of Changes

If we make material changes to these Terms, we will notify you by:

Posting the updated Terms in the app and on our website
Updating the "Last Updated" date at the top of this page
Providing in-app notification for significant changes
Sending email notification (if we have your email address)

Acceptance of Changes

Material changes will take effect 30 days after we notify you, or immediately if required by law. Your continued use of Nestling after changes take effect constitutes your acceptance of the revised Terms.

If you do not agree to the modified Terms, you must stop using Nestling and may cancel your subscription for a refund of any prepaid, unused portion.

18. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AKP Ventures Ltd regarding your use of Nestling, and supersede any prior agreements.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that or any other provision. Any waiver must be in writing and signed by us to be effective.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms at any time without restriction, including in connection with a merger, acquisition, or sale of assets.

No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Interpretation

Headings are for convenience only and do not affect interpretation. "Including" means "including but not limited to." The singular includes the plural and vice versa.

19. Apple-Specific Terms

As Nestling is distributed through the Apple App Store, the following additional terms apply:

Acknowledgement

You acknowledge that these Terms are between you and AKP Ventures Ltd only, not with Apple, and Apple is not responsible for Nestling or its content.

Scope of License

The license granted to you is limited to a non-transferable license to use Nestling on any Apple-branded device that you own or control as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

Maintenance and Support

AKP Ventures Ltd is solely responsible for providing maintenance and support services for Nestling as specified in these Terms. Apple has no obligation to furnish any maintenance or support services.

Warranty

AKP Ventures Ltd is solely responsible for any product warranties, whether express or implied by law. In the event of any failure to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever.

Product Claims

AKP Ventures Ltd, not Apple, is responsible for addressing any claims relating to Nestling or your possession and use of it, including:

Product liability claims
Claims that Nestling fails to conform to any applicable legal or regulatory requirement
Claims arising under consumer protection or similar legislation

Intellectual Property Rights

In the event of any third-party claim that Nestling or your possession and use of it infringes that third party's intellectual property rights, AKP Ventures Ltd, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

Legal Compliance

You represent and warrant that: (a) you are not located in a country subject to a UK or US Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any UK or US Government list of prohibited or restricted parties.

Third-Party Beneficiary

You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of Nestling, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

20. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, please contact us:

Email: support@nestling-app.com
Company: AKP Ventures Ltd
Company Number: 15968817 (England and Wales)

We aim to respond to all inquiries within 5 business days.

Acceptance and Agreement

By downloading, accessing, or using Nestling, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms, you must not use Nestling.