Terms of Use

Effective date: 31 August 2026

These terms are the end-user licence agreement for BearingKind Baby Sleep Tracker. They are an agreement between you and Ivan Kuindzhi. For the version you get from the App Store they replace the standard licence Apple would otherwise apply, because this app needs to say things that the standard licence does not, particularly section 4, on what the app is and is not for.

These terms cover the pre-release version of the app, on iPhone and Apple Watch and on Android. Apple's TestFlight distributes the iPhone version for testing while the app is finished, and your use of TestFlight itself is also governed by Apple's TestFlight terms. Before general release, the app will gain BearingKind accounts and cross-platform household sharing, and we will publish revised terms covering the account service before it launches.

The Android version is not distributed yet. Where these terms say something about Android, they say what will govern that version when you install it, and none of it applies to you before then.

By downloading or using the app, you accept these terms. If you do not, do not use the app.

1. Who you are agreeing with

Ivan Kuindzhi
Box 69, Nalbandjan 28, 0010 Yerevan
support@bearingkind.com
+374 55 843957

This agreement is between you and us alone. Apple is not a party to it. Apple is not responsible for the app or its contents, and we, not Apple, are solely responsible for the app.

Google is not a party to it either, and is not responsible for the app or its contents.

2. Your licence

2.1 On Apple devices

We grant you a personal, non-exclusive, non-transferable, revocable licence to use BearingKind Baby Sleep Tracker on Apple-branded devices that you own or control, as permitted by the App Store Usage Rules in Apple's Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you through Family Sharing, volume purchasing, or Legacy Contacts. The licence does not allow you to use the app on an Apple-branded device that you do not own or control. The licence is for your own family or household use.

2.2 On Android devices

We grant you a personal, non-exclusive, non-transferable, revocable licence to use BearingKind Baby Sleep Tracker on Android devices that you own or control, for your own family or household use. Where you obtained the app from Google Play, that use is also subject to Google's terms for Play, including anything Play's own rules say about sharing a purchase within a family group.

The two grants are separate and neither limits the other. Section 2.1 says what Apple's rules require it to say and applies only to Apple-branded devices; section 2.2 applies only to Android ones.

2.3 What both licences exclude

You may not sell, rent, sublicense, or redistribute the app; reverse-engineer, decompile, or disassemble it except where law expressly permits that despite this restriction; or remove any notice of ownership from it.

We own the app, its design, and its content. You own everything you record in it. See section 5. This holds on either platform.

3. What the app costs

The app is free to download and its core record-keeping works permanently without payment.

3.1 Subscription

The paid subscription unlocks multi-caregiver sharing. It lets you invite other people to a household so that everyone caring for a child records into and reads the same timeline. Recording, Today, and the reporting surfaces are free and stay free.

• Apple is the seller. The subscription is bought and managed through the App Store using your Apple Account. Apple handles payment, receipts, renewals, cancellations, refunds, and any statutory right of withdrawal you have.
• The Android version has nothing to buy in it. The subscription pays for household sharing, and the Android version does not have sharing. When that changes, Google will be the seller for the app bought through Google Play, and we will revise these terms before it goes on sale.
• The subscription title, the price, the billing period, and the terms of any introductory offer are shown to you before you buy, on the purchase screen itself.
• Subscriptions renew automatically until you cancel. Cancel at any time in the Subscriptions section of your Apple Account settings; cancellation takes effect at the end of the current period.
• Refunds are Apple's to give, under Apple's terms. We cannot issue them, though we will help you ask.
• In the pre-release TestFlight build, purchases are test transactions. They run in Apple's sandbox: you are not charged, renewals are accelerated for testing, and a test subscription does not create a paid subscription in the App Store version of the app.
• If a subscription ends, the free features keep working and your existing records stay yours. You can read, export, and delete them. Paid features stop.
• If a subscription that supports a shared household ends, paid sharing stops. Sharing and the subscription are iPhone-only today, so this is about the iPhone version: your records stay on your device and in your own iCloud, and you can still read, export, and delete them. Nothing about an Apple subscription ending touches an Android device or a Drive backup. Records made by household members but not yet delivered when sharing stopped are kept on the device that made them for 30 days so they can be exported.

3.2 Sharing a household

If you invite other caregivers to a household, you decide who they are and what they can see within the roles the app offers. You are responsible for who you invite and for removing access when it is no longer appropriate. Read section 6 of the Privacy Policy before inviting anyone.

4. The app is not medical advice, and is not a medical device

This section matters more than the rest of this document.

BearingKind Baby Sleep Tracker is a record-keeping and general wellness tool. It is not a medical device. It is not intended to diagnose, treat, cure, prevent, or monitor any disease, condition, or disorder, and it must not be used for those purposes.

Nothing the app shows you is medical advice, a clinical assessment, or a recommendation about your child's care. Where the app shows a general reference range alongside what you have recorded, that range is descriptive background information about children in general. It is not an evaluation of your child, and the app does not tell you what to do about it.

Decisions about your child's health, development, sleep, or feeding are for you together with a qualified health professional who knows your child. If you are worried about your child, contact a health professional. In an emergency, contact your local emergency services. Do not delay doing either because of anything in this app, and do not use this app in place of either.

5. Your records are yours

Everything you record belongs to you. We do not claim ownership of it.

In the pre-release version we run no server and hold no copy of your records, so we can make no recovery promise beyond what you keep yourself. The app lets you export everything to a file at any time. If your records matter to you, export them regularly and keep the file somewhere you trust. That file is unencrypted and readable by anything that opens text, so treat it as you would any other document containing your child's information.

The Android version's Google Drive backup does not change that. It goes to your Drive, not to ours, and it is encrypted with a key we never receive, so it is not a copy we could restore from even if you asked us to. It restores while you still hold that key, through a phone already using the backup, an encrypted Android backup that carried the key, or the recovery code the app showed you. Keep the recovery code. Section 3 of the Privacy Policy sets out how it works.

The general release will store some account and household data on BearingKind-operated services. The revised terms and the Privacy Policy will state what the service stores, whether it is a backup, and what recovery it offers, before it holds anyone's records.

6. Using the app properly

Do not use the app to break the law, to record information about a person without the right to do so, or to interfere with the app's operation or with anyone else's use of it. Do not use it to store anything you have no right to store.

7. Support

We are solely responsible for providing any maintenance and support services for the app, to the extent described in these terms or required by applicable law. You can contact us at support@bearingkind.com. Apple has no obligation whatsoever to furnish any maintenance and support services for this app.

8. Warranty

We provide the app with reasonable care and skill. Beyond that, and to the fullest extent the law allows, the app is provided "as is" and we disclaim all other warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the app will be uninterrupted or error-free.

This paragraph is about the version you obtained from the App Store. In the event the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility, not Apple's.

Nothing here removes rights you have as a consumer that cannot be removed by agreement. If you are a consumer in the EU, the UK, Armenia, or anywhere with comparable protection, your statutory rights stand regardless of this section.

9. Liability

To the fullest extent the law allows, we are not liable for indirect or consequential loss, for loss of data, or for loss arising from your reliance on the app in a way section 4 says it must not be relied on. Where we are liable, our total liability is limited to what you have paid us for the app in the 12 months before the claim.

Again, this does not limit liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, for fraud, and any consumer right that survives by law.

10. Product claims and intellectual property

We, not Apple, are responsible for addressing any claim by you or a third party relating to the app or your use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar law.

In the event of any third-party claim that the app or your use of it infringes that party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of that claim.

11. Legal compliance

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

12. Third-party terms

You must comply with any applicable third-party terms of agreement when using the app. Examples include your wireless data plan terms; Apple's terms governing your Apple Account, iCloud, TestFlight, and the App Store; and, on Android, Google's terms governing your Google Account, Google Drive, and Google Play.

13. Apple as a third-party beneficiary

This section is about the version of the app you obtained from the App Store. Apple and Apple's subsidiaries are third-party beneficiaries of these terms, and upon your acceptance of them, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary. Google is given no equivalent right by these terms.

14. Ending this agreement

You may stop using the app at any time. In the pre-release version there is no BearingKind account: deleting the app removes its records from your device, data you mirrored to iCloud is removed through the iOS Settings app under your Apple Account, and a Google Drive backup is removed from Drive's settings, in the list of apps that have stored data there. Android's own encrypted backup may still hold the key to that Drive backup; Android controls it from the device backup settings, and once the Drive data is deleted the key opens nothing. We may end this agreement if you materially breach these terms. The revised terms for the general release will state what happens to account access, shared households, and retained server copies when either side ends the agreement.

15. Changes to these terms

If we change these terms, we will publish the new version at https://bearingkind.com/baby-sleep-tracker/terms with a new effective date. Continuing to use the app after that means accepting the change. If a change materially reduces what you get, you can stop using the app and, where a paid subscription is affected, cancel it through Apple.

16. Governing law

These terms are governed by the law of the Republic of Armenia, and the courts of the Republic of Armenia have jurisdiction.

If you are a consumer, this does not deprive you of the protection of the mandatory law of the country you live in, and you may bring proceedings there where the law of that country gives you the right to.

17. Contact

Questions, complaints, or claims about the app should go to:

support@bearingkind.com
Ivan Kuindzhi
Box 69, Nalbandjan 28, 0010 Yerevan\