1.Accepting these terms
Welcome to NuNest. By using the Service, you accept this contract.
These Terms of Service ("Terms") govern your access to and use of the NuNest mobile app, our website, and related services (together, the "Service"), provided by NuNest ("we", "us", "our"). The term "you" refers to the user of the Service.
By accessing or using the Service you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms. If you do not agree to any part of these Terms, you must not access or use the Service. [TODO: legal entity name and jurisdiction of formation]
These Terms form the whole agreement between you and us for the Service, unless we expressly say otherwise. If additional terms apply to a specific feature or offering, those terms are incorporated into these Terms; where they conflict with these Terms, the additional terms control for that feature.
2.Eligibility and your account
Your account is yours - keep it safe.
You must be at least 13 [TODO: Check this] years old (or the equivalent minimum age in your jurisdiction) to use the Service. If you are under 18, you may use the Service only with the involvement of a parent or guardian. By using the Service, you represent that you meet these requirements and are legally capable of entering into a binding contract.
You must provide accurate and complete information when creating your account, and keep it up to date.
You are responsible for maintaining the confidentiality of your sign-in credentials and for all activity that happens under your account. Notify us right away if you suspect unauthorized use.
One person, one account. You may not share your account or credentials, allow others to use your account, or register for more than one account.
Accounts are personal to you and are not transferable. You may not sell, transfer, or exchange your account.
3.The Service
NuNest prepares nightly routines - soundscapes and stories to help you unwind and sleep.
NuNest builds a nightly wind-down around you: routines that combine soundscapes, stories, and bedtime timing based on the preferences you share and, if you choose to connect them, your health-platform sleep data.
We may add, modify, suspend, or discontinue any feature, component, or piece of content of the Service at any time, as the Service evolves. Availability may vary by device, region, and language. Where a change is material, we will aim to communicate it in the app. Except where these Terms say otherwise, we are not liable to you for any modification, suspension, or discontinuation of any part of the Service.
Nothing in these Terms promises that any specific feature or piece of content will remain available.
4.Acceptable use
Be kind - to us, to the Service, and to other users.
You agree not to:
Use the Service for any unlawful purpose or in violation of any applicable law.
Copy, modify, reverse-engineer, decompile, or disassemble the Service, or create derivative works from it, except as permitted by applicable law.
Access or search the Service by any means other than our publicly supported interfaces - including scraping, bulk account creation, or automated data extraction.
Attempt to gain unauthorized access to the Service, its infrastructure, or other users' accounts, or interfere with the servers or networks connected to the Service.
Impersonate any person or misrepresent your identity or affiliation.
Introduce malware, viruses, or any code designed to interrupt or harm the Service or any device connected to it.
Use the Service to harass, threaten, or harm anyone.
Use content or data from the Service to train machine-learning models, or to build a competing product, without our written consent.
Rent, lease, lend, sell, or redistribute the Service, or make it available to the public.
If you breach this section, we may suspend or terminate your access - immediately and, in serious cases, without prior notice - and we may report unlawful conduct to the relevant authorities.
5.Health disclaimer and assumption of risk
NuNest supports rest - it is not a medical device.
NuNest is a wellness product. It is not a medical device, is not a substitute for professional medical advice, diagnosis, or treatment, and it must not be used in a medical emergency - contact your local emergency services instead.
Sleep information shown in the app - including data read from Apple Health or Health Connect - is for general informational purposes only and may not be accurate or complete for your needs.
Always seek the advice of a physician or other qualified health provider with any questions regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something in the app.
If you have a sleep disorder or a condition that affects your sleep, talk to a qualified health professional before changing your routine based on the app. If you experience any discomfort while using the Service, stop using it and consult a professional.
Your use of the Service is at your own discretion and risk. You are responsible for your health and for the decisions you make about your sleep routine.
6.Intellectual property
You keep your data; we keep ours.
The Service - including its software, soundscapes, stories, narrations, design, text, graphics, and code - is owned by NuNest and its licensors and is protected by intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Service on devices you own or control, for personal, non-commercial purposes only.
That license has limits. You may not copy (except as these Terms permit), distribute, sublicense, or make the Service available over a network for use by multiple devices; you may not use our name, logos, or trademarks without written permission; and you may not remove or obscure any copyright or proprietary notices.
If you send us feedback, suggestions, or ideas about the Service, you agree we may use them - without restriction, attribution, or payment - to improve NuNest.
You keep all rights to the content and data you bring - your health data, your sleep profile, your preferences. You grant us only the limited right to process that data to provide you the Service, as described in the Privacy Policy.
7.Third-party platforms and services
Other companies help us deliver the Service - their terms may apply too.
App stores. The Service is distributed through Apple's App Store and Google Play (each an "App Store"). Your use of the Service through an App Store is also subject to that store's terms and conditions and privacy policies. You acknowledge that each App Store (and its subsidiaries) is a third-party beneficiary of these Terms and may enforce them against you with respect to the app.
Sign-in providers. If you sign in with Google or Apple, that provider's terms and privacy policies also apply to the sign-in process.
Health platforms. If you connect Apple Health or Health Connect, the data flows between you, NuNest, and that platform under your control. You can revoke access at any time.
Links. The Service may contain links to third-party websites or services. They are not under our control, and we are not responsible for their content, availability, or privacy practices. Review their policies before using them.
8.Availability, warranties, and liability
The Service is provided "as is" - here's what that means in plain terms.
Availability. We aim to keep NuNest running smoothly, but we do not promise the Service will be uninterrupted, timely, secure, or error-free. There may be downtime for maintenance, updates, or reasons beyond our control.
Disclaimer of warranties. The Service is provided "as is" and "as available," without warranties of any kind, express or implied - including merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment, accuracy, and non-infringement. No oral or written advice from us creates any warranty. Some jurisdictions give you mandatory consumer rights that these Terms cannot restrict; where that applies, we honor those rights to the required extent.
Limitation of liability. To the maximum extent permitted by law, neither you nor we will be liable to the other for any indirect, incidental, special, consequential, or punitive damages - including lost profits, lost data, or loss of goodwill - however caused, even if advised of the possibility. Our total aggregate liability to you for all claims relating to the Service will not exceed fifty US dollars.
Indemnity. You agree to defend and indemnify NuNest, and its officers, directors, employees, and agents, from third-party claims, damages, and expenses (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Service.
If any limitation in this section is unenforceable in your jurisdiction, it applies to the maximum extent the law allows.
9.Termination
You can leave whenever you like; so can we, in rare cases.
You may stop using the Service and delete your account at any time from within the app. These Terms end when you delete your account (or your account is otherwise terminated), except for the sections that should reasonably survive - intellectual property, disclaimers, limitation of liability, indemnity, governing law, and this sentence.
We may suspend or terminate your access if you breach these Terms, if we are legally required to, or if we discontinue the Service - with notice where practical.
10.Governing law and disputes
Where legal questions get settled.
These Terms are governed by the laws of [TODO: jurisdiction], without regard to conflict-of-law rules - except that local consumer-protection law gives you mandatory rights wherever you live, and those rights are unaffected.
Before bringing any formal claim, we ask that you try to resolve the dispute informally: contact us at legal@nunest.app with your name, the email on your account, and a description of the issue. We will try to resolve it by email, and we ask you to let us try for 30 days before starting formal proceedings. [TODO: arbitration / class-action-waiver / venue language, per counsel]
11.Changes to these Terms
Terms evolve; we'll tell you when they do.
We may update these Terms from time to time - new features, new legal requirements, or corrections. Material changes will be announced in the app, and the effective date at the top will always reflect the current version. Continued use of the Service after changes take effect means you accept the updated Terms. If a change is unacceptable to you, you may stop using the Service; the version you accepted keeps governing what already happened.
12.General legal stuff
The boilerplate that keeps the contract fair.
Severability. If any provision of these Terms is found unenforceable, it is severed - the rest stays in full force.
No waiver. If we delay or fail to enforce a right under these Terms, that is not a waiver of it.
Assignment. We may transfer these Terms (with our rights and obligations) as part of a merger, acquisition, or reorganization, where it does not materially affect your rights. You may not transfer your rights or obligations to anyone else.
Force majeure. We are not liable for failures or delays caused by events beyond our reasonable control.
Notices. We may send you notices through the Service or the email on your account; you may reach us at the addresses in the Contact section. Notice is deemed received when posted or sent.
Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us regarding the Service, superseding anything that came before.
Language. These Terms are written in English; any translations are for convenience, and the English version prevails.
13.Contact us
Questions about these Terms? We're easy to reach.
Email us at [TODO: email setup] or use our contact page. [TODO: legal entity name, registered address, and formal notice address]