NapBuddy Terms of Service

1. Service provider

The App is provided and owned by Szymon Grzemski, running a sole proprietorship under the business name Szymon Grzemski Usługi Informatyczne, registered in the Polish Central Register and Information on Economic Activity (CEIDG), tax ID (NIP): 5272916885, REGON: 385271077, address: ul. Krynicka 3/63, 80-393 Gdańsk, Poland, operating under the brand Kiddo Labs (the "Provider", "we", "us").

Contact: contact@kiddolabs.cloud.

2. Definitions

• App – the NapBuddy mobile application for iOS and Android, together with the server-side services it relies on.
• User, "you" – a natural person using the App who is a parent, legal guardian or other caregiver of a child.
• Consumer – a User who is a consumer within the meaning of Article 22¹ of the Polish Civil Code; the provisions on Consumers also apply to a natural person entering into a contract directly related to their business where the contract is not of a professional nature for them.
• Account – your individual account in the App.
• Child – a child whose profile and sleep data you enter into the App.
• AI Features – tips, analyses and chat replies generated automatically by an artificial intelligence model.
• User Content – data and content you enter, including Child data, sleep sessions, notes, photos and chat messages.
• Privacy Policy – the document describing how personal data is processed in the App.

3. General provisions and conclusion of the contract

1. The contract for electronically supplied services is concluded when you create an Account and accept these Terms, for an indefinite period.
2. The App's core features are currently free of charge. Any paid features are covered in section 12.
3. These Terms are made available free of charge in the App and at a web address, in a form that allows you to obtain, reproduce and store them.
4. The App is available in several languages. The Polish version of these Terms is the binding version.

4. Technical requirements

To use the App you need: a mobile device running a current version of iOS or Android supported by the App (minimum requirements are listed on the App's App Store or Google Play page), an Internet connection, and an email address or an Apple or Google account. Using the App may incur data charges according to your mobile operator's tariff.

5. Your account

1. The App may be used by people aged 16 or over. A minor may conclude the contract only to the extent permitted by law, where required with the consent of their legal representative. The App is not intended to be used by children themselves.
2. You can create an Account using an email address and password, a Google account or an Apple ID (Sign in with Apple).
3. You agree to provide accurate information, keep your sign-in credentials secure from third parties, and tell us promptly if you suspect unauthorised access to your Account.
4. Your Account is personal. You are responsible for actions taken using your Account unless you are not at fault.
5. By adding a Child, you confirm that you are the Child's parent or legal guardian, or are acting with the consent of the Child's parent or legal guardian, and that you are entitled to enter the Child's data and to consent to its processing.

6. Scope of services

In the App you can, in particular:

• create Child profiles (first name, gender, date of birth, optional photo),
• log sleep sessions (night sleep and naps), rate sleep quality and mood on waking, and add notes,
• view sleep history and statistics,
• receive AI-generated sleep tips and analyses, and chat with an AI assistant about your Child's sleep,
• receive reminders and notifications (e.g. about an upcoming bedtime),
• export your data and delete your Account.

The set of features may change as described in section 14.

7. Medical disclaimer

1. The App is not a medical device and is not intended to diagnose, treat, monitor health or prevent disease. In particular, it does not monitor breathing and is not intended to prevent sudden infant death syndrome (SIDS).
2. All content in the App – including statistics, tips, analyses and AI assistant replies – is for general information and educational purposes only. It is not medical advice, a diagnosis or a treatment recommendation, and does not replace consultation with a doctor, paediatrician, midwife or other qualified professional.
3. Always consult a doctor about your Child's health, development and sleep, especially if you notice worrying symptoms (e.g. breathing difficulties, prolonged crying, fever, unusual drowsiness or lethargy). Never disregard or delay seeking medical advice because of information obtained in the App.
4. In an emergency, call 112 (or your local emergency number) immediately or contact a doctor.
5. Follow the safe infant sleep guidance recommended by doctors and public health bodies, regardless of the content shown in the App.

8. AI features and their limitations

1. AI Features are generated automatically by the Google Gemini language model (Google Cloud Vertex AI) based on Child data, sleep data and your messages. How this data is processed is described in the Privacy Policy.
2. AI-generated content may be inaccurate, incomplete, out of date or unsuitable for your Child's situation. The model does not know your Child, does not examine them and has no access to their medical records. Always evaluate AI content critically and with care.
3. The AI assistant is limited to the topic of children's sleep and may decline questions outside that scope or questions that would require medical advice.
4. AI Features may be subject to usage limits (e.g. a number of messages per hour) to keep the service stable. They may also be temporarily unavailable, e.g. due to a provider outage.
5. You must not use AI Features to obtain content that is unlawful or breaches these Terms, or attempt to circumvent the model's safeguards.

9. Acceptable use

You agree to use the App in accordance with the law, these Terms and good practice. In particular, you must not:

• provide unlawful content, including content that infringes the rights of others,
• enter data about people (including children) whose data you are not entitled to process,
• upload images other than a profile photo of the Child, and in particular sexual, graphic or degrading content involving children,
• attempt to gain unauthorised access to the App, our servers or other Users' data, or disrupt their operation (e.g. through attacks, excessive requests or automated scripts),
• decompile, reverse engineer or modify the App, except where permitted by mandatory law,
• use the App or AI Features for commercial purposes without our consent, including bulk extraction of content.

In case of a serious or persistent breach of these rules, we may – after first asking you to stop (unless such a request would be pointless given the nature of the breach) – temporarily suspend your Account or terminate the contract as described in section 17.

10. User content

1. Your User Content remains yours. You grant us a non-exclusive, royalty-free licence to store, process and display it solely to the extent necessary to provide the App's services (e.g. to show your sleep history or generate AI tips). The licence ends when the relevant content or your Account is deleted, subject to the backup retention periods described in the Privacy Policy.
2. We do not use User Content for advertising or to train artificial intelligence models.
3. You are responsible for ensuring that content you upload (in particular photos) does not infringe the rights of others.

11. Intellectual property

The App, its code, design, the "NapBuddy" name, the "Kiddo Labs" mark, graphics and texts (other than User Content) are protected by copyright and other intellectual property rights belonging to the Provider or its licensors. We grant you a non-exclusive, non-transferable, revocable licence to use the App on your devices for personal, non-commercial purposes only, in accordance with these Terms and the rules of the store from which you downloaded the App. You may freely use AI-generated content provided to you for personal purposes.

12. Paid features

1. We may introduce additional paid features in the future, for example a "NapBuddy Plus" subscription. Until then, using the App is free of charge.
2. If paid features are offered, before any purchase we will inform you in the App about their scope, price (including taxes), billing period, automatic renewal and how to cancel. You will never be charged without your explicit decision to buy.
3. Payments will be processed exclusively through the App Store (Apple) or Google Play (Google), under their terms. Managing and cancelling a subscription and refunds are handled in your Apple or Google account settings and are subject to those platforms' rules.
4. Consumers' rights under mandatory law, including the right of withdrawal under the Polish Consumer Rights Act of 30 May 2014, are not affected. If you request that the supply of digital content begin before the withdrawal period ends, you may be asked for your express consent and acknowledgement that you thereby lose the right of withdrawal, as provided by law.

13. App Store and Google Play

1. The contract regarding the App is concluded solely between you and the Provider, not with Apple Inc. or Google LLC. The Provider, not Apple or Google, is responsible for the App and its content, its maintenance and support, and for addressing any claims relating to it (including claims regarding legal compliance, product liability and third-party intellectual property infringement).
2. Apple has no obligation to provide any maintenance or support services for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
3. Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you as a third-party beneficiary.
4. You represent that you are not located in a country subject to a US Government embargo and are not listed on any US Government list of prohibited or restricted parties.
5. When using the App you must also comply with the terms of the store from which you downloaded it (e.g. the Apple Media Services Terms and Conditions or the Google Play Terms of Service).

14. Availability and changes to the App

1. We work to keep the App running continuously and correctly. However, interruptions may occur, e.g. due to maintenance, updates, provider outages or force majeure.
2. We may develop and change the App, including adding, modifying or withdrawing features, for valid reasons: changes in the law, security, technical changes at our providers or product development. If a change materially and negatively affects your access to or use of the App, we will tell you in advance; Consumers then have the right to terminate the contract – for paid features under Article 43m of the Polish Consumer Rights Act.
3. We may provide App updates, including security updates. To keep the App in conformity with the contract we recommend installing them; we are not liable for a lack of conformity resulting solely from your not installing an update we told you about.
4. If we decide to permanently discontinue the App, we will notify Users at least 30 days in advance and allow them to export their data.

15. Liability

1. We are liable for providing the services properly in accordance with these Terms and the law.
2. Given the nature of the App (see section 7 and section 8), we are not liable for decisions made solely on the basis of information obtained in the App without consulting a professional, for the consequences of inaccurate or incomplete data you enter, or for interruptions caused by force majeure or by third parties for whom we are not responsible.
3. Towards Users who are not Consumers, our liability is limited to actual loss, excluding lost profits, and for free services to the maximum extent permitted by law.
4. Nothing in these Terms excludes or limits: (a) liability for damage caused intentionally or through gross negligence, (b) liability for personal injury (death, bodily injury or harm to health), (c) any liability that cannot be excluded or limited under mandatory law, or (d) the statutory rights of Consumers, in particular in respect of lack of conformity of digital content or digital services with the contract.

16. Conformity and complaints

1. We are responsible towards Consumers for the App's conformity with the contract under the Polish Consumer Rights Act (Chapter 5b).
2. You can submit a complaint by email to contact@kiddolabs.cloud or in writing to the Provider's address. To help us handle it, please include the email address linked to your Account, a description of the problem and when it occurred, and what you are asking for.
3. We will handle your complaint within 14 days of receiving it and let you know the outcome by email.
4. If the App does not conform to the contract, a Consumer may demand that it be brought into conformity and, in the cases provided by law, a price reduction or withdrawal from the contract.
5. Complaints about payments made via the App Store or Google Play (e.g. refunds) are handled by Apple or Google under their own rules; this does not limit your statutory rights against us.

17. Termination and account deletion

1. You can terminate the contract at any time, without giving a reason and at no cost, by deleting your Account in the App: Settings → Delete account. You can also request deletion by email.
2. Account deletion is irreversible. All data linked to your Account – including Child profiles, photos, sleep sessions, chat messages, tips and notifications – is promptly deleted from our live systems; backups expire within 14 days. Before deleting your Account you can download your data: Settings → Export data.
3. Uninstalling the App does not delete your Account. If you pay for a subscription, deleting your Account does not cancel it automatically – cancel it in your Apple or Google account settings.
4. We may terminate the contract for valid reasons with 30 days' notice sent to the email address linked to your Account. Valid reasons are: discontinuation of the App, a change in the law that prevents us from providing the services, or a serious or persistent breach of these Terms by the User. In case of a serious breach that threatens the security of the App or other people, we may terminate the contract with immediate effect.

18. Personal data

How we process personal data, including data about Children and sleep data, is described in the Privacy Policy. We process your Child's sleep data based on your explicit consent, which you can withdraw at any time.

19. Changes to these Terms

1. We may change these Terms for valid reasons, such as: changes in the law, a court ruling or authority decision, the introduction of new features or services (including paid ones), a change of technology providers, security reasons, or the need to clarify provisions.
2. We will notify you of changes in the App or by email at least 14 days before they take effect. Changes required directly by law or relating to security may take effect sooner if the law so requires.
3. If you do not accept the changes, you may terminate the contract by deleting your Account before they take effect, at no cost. Continuing to use the App after the changes take effect means you accept them.
4. Changes do not affect rights acquired before they take effect, in particular regarding subscription periods already paid for.

20. Governing law and disputes

1. The contract is governed by Polish law. This choice of law does not deprive Consumers of the protection afforded to them by the mandatory provisions of the law of the country where they have their habitual residence.
2. Disputes with Consumers are resolved by the courts having jurisdiction under general rules. Disputes with Users who are not Consumers are resolved by the court having jurisdiction over the Provider's registered address.
3. Consumers may use out-of-court complaint and redress procedures, e.g. by seeking help from a municipal or district consumer ombudsman (rzecznik konsumentów), a consumer organisation or a regional Trade Inspection office (Inspekcja Handlowa). Information is available from the Polish Office of Competition and Consumer Protection: uokik.gov.pl. Consumers resident in another EU country may also contact their national European Consumer Centre. Participation in such procedures is voluntary for both parties.
4. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in force.

21. Contact

Szymon Grzemski Usługi Informatyczne (Kiddo Labs)
ul. Krynicka 3/63, 80-393 Gdańsk, Poland
Tax ID (NIP): 5272916885, REGON: 385271077
Email: contact@kiddolabs.cloud