Terms of Use

Effective date: 28 October 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 app on iPhone and Apple Watch and on Android, and BearingKind Sync, the sync and sharing service we operate for it.

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 pays for BearingKind Sync. BearingKind Sync keeps your diary in step through a service we operate, on iPhone and on Android, and it is what lets you invite other people so that everyone caring for a child records into and reads the same diary. Recording, Today, the reporting surfaces and the copy in your own iCloud or Google Drive are free and stay free. The subscription belongs to the owner of a diary. The people the owner invites need none. It is not shared through Apple's Family Sharing or a Google Play family group.

• Apple or Google is the seller, depending on where you got the app. The subscription is bought and managed through the App Store using your Apple Account, or through Google Play using your Google account. The store handles payment, receipts, renewals, cancellations, refunds, and any statutory right of withdrawal you have.
• 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, or under Subscriptions in Google Play. Cancellation takes effect at the end of the current period.
• Refunds are the store's to give, under its terms. We cannot issue them, though we will help you ask.
• Each subscription comes with a monthly sync allowance. If a diary's use of BearingKind Sync in a calendar month goes past what its subscription covers, sync pauses for everyone in that diary until more allowance is available, and the app shows the date. For a paid month that is the first day of the next month. A free trial week has a smaller allowance of its own. While the store retries a payment, and in the 14 days after a subscription ends, the allowance is smaller and given a week at a time, so a pause lasts until the next week starts, which can be a few days into the next month. Nothing recorded is lost: every phone keeps recording, and what it recorded syncs when the pause ends, unless that person's access to the diary ends first (section 3.2). The app warns once most of the month's allowance is used.
• If a subscription ends, the free features keep working and your records stay yours. You can read, export, and delete them. You can keep recording without a break.
• If a subscription ends, BearingKind Sync winds down on a fixed schedule. For 14 days everything keeps working, sharing included, except that you cannot send new invitations, and subscribing again in that time changes nothing. After 14 days the people you invited are removed and the diary is deleted from their phones, and open invitations stop working. Your diary goes back to a copy in your own iCloud or Google Drive on its own, or stays on your phone where neither is available. We keep the encrypted server copy for 30 more days and then delete it. Subscribing again after the 14 days does not bring that copy back: you move the diary to BearingKind Sync again and invite people again.
• Deleting the app or using Full reset does not cancel a subscription. Cancel it in the store.

3.2 Sharing a diary

If you invite other people to your diary, you decide who they are and what they can do within the roles the app offers. Only the owner of a diary invites, removes people and changes roles. An invitation is a link, and whoever opens the link first gets in, so you are responsible for where you send it, for who you invite and for removing access when it is no longer appropriate. Read section 6 of the Privacy Policy before inviting anyone.

If you join someone else's diary, the owner can change your role or remove you at any time. When you are removed or leave, the app deletes that diary from your phone, including anything you recorded in it.

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.

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.

BearingKind Sync is not a backup we can restore from. What it stores is encrypted on your phone with keys we never receive, so we hold no copy of your records that we could read, hand over or restore. It also does not know who you are. A new phone gets back into your sync account only through the recovery material the app saves in your own iCloud or Google Drive, or through a code shown by your old phone. If you lose your phone and neither of those exists, we cannot let you back in, and you start a new diary. Section 3 of the Privacy Policy sets out what the service stores and for how long.

The Android version's Google Drive copy 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 can be opened only with that key: on a phone already using the copy, on a phone set up from a Google backup that carried the key, or on a phone that scanned the code your old phone showed. There is no recovery code.

We may change, suspend or stop BearingKind Sync. If we stop it, we will say so in advance in the app, and your diary goes back to your own iCloud or Google Drive or stays on your phone the same way it does when a subscription ends.

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. Full reset, at the bottom of the app's Settings, erases your diary from your phone, deletes it and your sync account on our server, ends your membership in every diary you joined, and deletes the app's copy in your iCloud or Google Drive. Use it before deleting the app, because a deleted app can no longer ask the server for the deletion. Section 10 of the Privacy Policy says what it does and what little stays behind. It does not cancel a subscription.

Deleting the app removes its records from your device. Data copied to iCloud is removed through the iOS Settings app under your Apple Account, and a Google Drive copy is removed from Drive's settings, in the list of apps that have stored data there. Google Block Store and your phone's Google backup may still hold the key to that Drive copy; once the Drive data is deleted the key opens nothing.

We may end this agreement if you materially breach these terms. If we do, your access to BearingKind Sync ends and the server copy of your diary is deleted on the schedule in section 3.1. The records on your device stay yours.

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 the store you bought it from.

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\