Terms of Service for Nest
Please read these Terms of Service ("Terms", "Agreement") carefully before using the Nest mobile application ("App", "Service") operated by Nest ("we", "our", "us", or "Company").
These Terms constitute a legally binding agreement between you ("User", "you", or "your") and Nest regarding your use of the App. By downloading, installing, accessing, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.
1. Acceptance of Terms
By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
2. Eligibility and Age Requirements
You must be at least 13 years old to use this App.
If you are between 13 and 18 (or the age of majority in your jurisdiction), you represent that:
- You have permission from a parent or legal guardian
- Your parent/guardian agrees to these Terms on your behalf
The App is intended for parents and caregivers, not children.
3. App Features and Services
Nest provides tools for tracking and understanding a child’s daily care, including:
- Sleep tracking
- Feeding tracking (breastfeeding, bottle, solids)
- Diaper logging
- Pumping and medication tracking
- Daily summaries and insights
We may modify, suspend, or discontinue features at any time without notice.
The App is intended for informational and organizational purposes only. Results and insights may vary.
4. User Responsibilities
You agree to use the App only for lawful purposes. You agree not to:
- Violate any applicable laws or regulations
- Attempt unauthorized access to the App
- Interfere with App functionality or servers
- Transmit harmful code
- Reverse engineer or copy the App
- Use the App in unsafe situations (e.g., while driving)
5. Device Permissions
The App may request permissions such as:
- Notifications (for reminders and insights)
- Local storage (for saving tracking data)
You may revoke permissions at any time, though some features may not function properly.
6. Intellectual Property
The App and all content, features, and functionality are owned by Nest and protected by intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial use.
You may not:
- Copy or distribute the App
- Use branding without permission
- Create derivative works
7. In-App Purchases and Subscriptions
The App may offer subscriptions or in-app purchases via the Apple App Store.
If you purchase a subscription:
- Payment is charged to your Apple ID
- Subscriptions auto-renew unless canceled 24 hours before renewal
- You can manage subscriptions in Apple ID settings
- Prices are subject to change with notice
All purchases are handled by Apple. Refunds must be requested through Apple.
8. Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
We do not guarantee that:
- The App will be uninterrupted or error-free
- Data or insights will be perfectly accurate
- The App will meet all expectations
Medical Disclaimer (VERY IMPORTANT)
Nest is not a medical device and does not provide medical advice.
The App is intended for informational and organizational purposes only and is not a substitute for professional medical care.
Always consult a qualified healthcare provider regarding:
- Your baby’s health
- Feeding concerns
- Sleep issues
- Medical conditions
Do not rely solely on the App for medical decisions.
9. Limitation of Liability
To the maximum extent permitted by law, Nest is not liable for:
- Indirect or consequential damages
- Loss of data or use
- Health-related outcomes
- Any decisions made based on App data
Our total liability shall not exceed:
- The amount you paid in the past 12 months, or
- $100 USD
10. Indemnification
You agree to indemnify and hold harmless Nest and its affiliates from any claims arising from:
- Your use of the App
- Your violation of these Terms
- Violation of third-party rights
11. Termination
We may suspend or terminate access at any time.
Upon termination:
- Your right to use the App ends immediately
- Your data remains on your device unless deleted
12. Changes to Terms
We may update these Terms at any time.
We will notify users by:
- Updating the “Last Updated” date
- Providing notice in the App (if needed)
Continued use = acceptance of updated Terms.
13. Governing Law
These Terms are governed by the laws of the State of California, United States.
Disputes will be resolved through binding arbitration, except where prohibited by law. You waive the right to a jury trial and class actions.
14. Severability
If any provision is found invalid, the remaining provisions remain in effect.
15. Apple App Store Terms
If downloaded via Apple:
- These Terms are between you and Nest, not Apple
- Apple is not responsible for the App
- Apple has no obligation for support or maintenance
- Apple is a third-party beneficiary of these Terms
16. Entire Agreement
These Terms and the Privacy Policy constitute the full agreement between you and Nest.
17. Contact Information
For questions:
Email: usehaloapp@gmail.com