Terms of Service

Last Updated: December 2025

                Important: Please read these Terms of Service ("Terms") carefully before using NapKit ("the App," "we," "our," or "us"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
            

1. Acceptance of Terms

By accessing or using NapKit, you agree to comply with and be bound by these Terms of Service and all applicable laws and regulations. If you disagree with any part of these Terms, you may not access or use the App.

These Terms constitute a legally binding agreement between you and NapKit. You represent that you are at least 18 years old and have the legal capacity to enter into this agreement, or that you are using the App with the consent and supervision of a parent or guardian.

2. Description of Service

NapKit is a mobile application designed to help parents and caregivers track and analyze babies' sleep patterns. The App provides:

Sleep session tracking and recording
Baby profile management
Sleep statistics and analytics
Historical sleep data viewing
Premium features including cloud sync and advanced analytics

Medical Disclaimer: NapKit is a tracking and informational tool only. It is NOT a medical device and does NOT provide medical advice, diagnosis, or treatment. The App should not be used as a substitute for professional medical advice. Always consult with qualified healthcare professionals regarding your baby's sleep patterns and health.

3. User Accounts and Responsibilities

3.1 Account Creation

You may use the App without creating an account. However, certain features (such as cloud sync) may require an Apple ID and iCloud account.

3.2 User Responsibilities

You are responsible for:

Maintaining the confidentiality of your device and any account credentials
All activities that occur under your account or device
Ensuring the accuracy of information you provide
Complying with all applicable laws and regulations
Not using the App for any illegal or unauthorized purpose

3.3 Prohibited Uses

You agree NOT to:

Use the App in any way that violates applicable laws or regulations
Attempt to reverse engineer, decompile, or disassemble the App
Remove or alter any copyright, trademark, or other proprietary notices
Use automated systems (bots, scrapers) to access the App
Interfere with or disrupt the App's functionality
Transmit any viruses, malware, or harmful code
Use the App to collect or harvest information about other users
Impersonate any person or entity

4. Subscription and Payment Terms

4.1 Premium Subscription

NapKit offers a premium subscription service ("Premium") that provides access to additional features, including:

Cloud sync via iCloud
Advanced analytics and statistics
Export functionality
Additional themes and customization options

4.2 Subscription Plans

Premium is available through the following subscription plans:

Monthly subscription
6-month subscription
Annual subscription

Subscription prices are displayed in the App and may vary by region. All prices are in your local currency and are subject to change with notice.

4.3 Payment Processing

All payments are processed through Apple's App Store and are subject to Apple's payment terms and conditions. By purchasing a subscription, you agree to Apple's payment terms.

4.4 Auto-Renewal

Subscriptions automatically renew unless:

You cancel at least 24 hours before the end of the current subscription period
We discontinue the subscription service

You can manage or cancel your subscription through your Apple ID account settings. Cancellation will take effect at the end of the current billing period.

4.5 Refunds

Refund requests are handled by Apple in accordance with Apple's refund policy. We do not provide direct refunds. To request a refund, contact Apple Support through your Apple ID account or at support.apple.com.

4.6 Price Changes

We reserve the right to change subscription prices at any time. Price changes will not affect your current subscription period but will apply to subsequent renewal periods. We will notify you of any price changes in advance.

5. Intellectual Property Rights

5.1 Our Rights

The App, including its design, text, graphics, logos, icons, images, audio clips, and software, is the property of NapKit or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

5.2 Your Content

You retain all rights to data and information you create or input into the App ("Your Content"). By using the App, you grant us a limited license to:

Store and process Your Content to provide the App's services
Access Your Content for technical support and service improvement
Back up Your Content as part of cloud sync services (if enabled)

You represent and warrant that Your Content does not violate any third-party rights and that you have the right to provide such content.

5.3 Feedback

If you provide feedback, suggestions, or ideas about the App, we may use such feedback without obligation to you. You grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate your feedback into the App.

6. Data and Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

By using the App, you consent to the collection and use of your information as described in our Privacy Policy.

7. Service Availability and Modifications

7.1 Availability

We strive to provide continuous access to the App, but we do not guarantee that the App will be available at all times. The App may be unavailable due to:

Scheduled maintenance
Technical issues or failures
Force majeure events
Third-party service outages (e.g., Apple services)

7.2 Modifications

We reserve the right to:

Modify, suspend, or discontinue any part of the App at any time
Add, remove, or modify features
Change subscription plans or pricing
Update the App with new versions

We will provide reasonable notice of material changes when possible.

8. Termination

8.1 Termination by You

You may stop using the App at any time by uninstalling it from your device. Canceling your subscription will stop future charges but will not terminate your access until the end of the current billing period.

8.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice, if:

You violate these Terms
You engage in fraudulent or illegal activity
We are required to do so by law
We discontinue the App or service

8.3 Effect of Termination

Upon termination:

Your right to use the App will immediately cease
You will lose access to Premium features
Local data will remain on your device until you uninstall the App
Cloud data will be retained according to our Privacy Policy
You will not receive a refund for any unused portion of your subscription

9. Disclaimers and Limitations of Liability

9.1 Medical Disclaimer

IMPORTANT MEDICAL DISCLAIMER: NapKit is NOT a medical device and does NOT provide medical advice, diagnosis, or treatment. The App is for informational and tracking purposes only. Always consult qualified healthcare professionals regarding your baby's sleep patterns, health, and development. Do not use the App as a substitute for professional medical care.

9.2 Service Disclaimer

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY, RELIABILITY, OR COMPLETENESS OF DATA
UNINTERRUPTED OR ERROR-FREE OPERATION

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAPKIT AND ITS DEVELOPERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF DATA, PROFITS, OR BUSINESS OPPORTUNITIES
PERSONAL INJURY OR PROPERTY DAMAGE
ANY DAMAGES RESULTING FROM USE OR INABILITY TO USE THE APP
ANY DAMAGES RESULTING FROM RELIANCE ON INFORMATION PROVIDED BY THE APP

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP OR SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.4 Jurisdiction-Specific Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless NapKit, its developers, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use of the App
Your violation of these Terms
Your violation of any rights of another party
Your Content

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Note: You should replace "[Your Jurisdiction]" with your actual jurisdiction (e.g., "the State of California, United States" or "England and Wales").

11.2 Dispute Resolution Process

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the App, the parties agree to:

First attempt to resolve the dispute through good faith negotiations
If negotiations fail, engage in mediation with a mutually agreed mediator
If mediation fails, resolve the dispute through binding arbitration in accordance with [Arbitration Rules]

Note: You may want to specify your preferred arbitration rules (e.g., "the rules of the American Arbitration Association").

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Third-Party Services

The App uses third-party services, including:

Apple App Store: For app distribution and in-app purchases
Apple iCloud/CloudKit: For cloud sync services

Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or practices of third-party services.

13. Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

Posting the updated Terms on this page
Updating the "Last Updated" date
Providing in-app notification for material changes

Your continued use of the App after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the App.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NapKit regarding the App and supersede all prior agreements and understandings.

16. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision. Any waiver must be in writing and signed by us.

17. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms to any third party without your consent in connection with a merger, acquisition, or sale of assets.

18. Contact Information

If you have any questions about these Terms, please contact us:

NapKit Support

Email: legal@napkit.net

Website: https://napkit.net

Support: https://napkit.net/support

19. Acknowledgment

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.