Terms of Service

Article 1 (Scope)

These terms are the conditions of use for the iOS app "Nemudoki" (the "App"), established by its provider ("we" or "us"). Anyone who downloads or uses the App (a "user") is deemed to have agreed to these terms.

Any notices or guidelines we separately provide regarding use of the App form part of these terms. If they conflict with these terms, these terms prevail.

Article 2 (Nature of the App)

The App displays an estimate of when a child is next likely to sleep, based on the sleep records entered by the user.

• The App is not a medical device and is not intended for medical diagnosis, advice, or treatment.
• Predictions are calculated mechanically from general guidance for the child's age and the records entered. We do not guarantee their accuracy or that they will prove correct. Sleep varies from child to child, and it is entirely normal for a child not to sleep as predicted.
• If you have concerns about your child's health, development, or sleep, please consult a doctor or another professional. Do not use what the App displays in place of professional judgment.

Article 3 (Disclaimer)

• Decisions about your child's sleep and other aspects of childcare are your own responsibility as a parent or guardian. We are not liable for any outcome arising from following, or not following, what the App displays.
• Notifications may be delayed or not delivered depending on the state of your device or your OS settings. We do not guarantee that notifications arrive as scheduled.
• Records are stored only on the user's device. Data may be lost if the device is lost, damaged, or reset, or if the App is deleted, and we cannot restore it.
• Even where we are liable to a user for damages, that liability is limited to the amount the user paid in relation to the App during the preceding 12 months. This limitation does not apply in cases of our willful misconduct or gross negligence.

Article 4 (Paid Plans)

• Some features of the App are available only to users with a paid plan. Even without one, recording sleep and viewing those records remain available.
• Paid plans are auto-renewing subscriptions. Unless auto-renewal is turned off at least 24 hours before the end of the current period, the subscription renews automatically for the same period and is charged at each renewal.
• The price, subscription period, and the availability and length of any free trial are as shown on the App Store purchase screen. We may change these.
• Where a free trial is offered, the subscription converts automatically to a paid plan at the end of the trial unless auto-renewal is turned off during the trial.
• Payment is charged to the user's Apple account.

Article 5 (Cancellation and Refunds)

• Auto-renewal must be turned off by the user from the subscription management screen in the device's Settings app. We cannot cancel on a user's behalf.
• After cancellation, paid features remain available until the end of the period already paid for. We do not provide pro-rated refunds for cancellation partway through a period.
• Refunds of amounts already paid follow Apple's procedures and conditions. We are not in a position to decide whether a refund is granted and cannot process refunds individually.

Article 6 (Prohibited Conduct)

Users must not do any of the following when using the App.

• Acts that violate laws or public order and morals
• Reverse engineering, decompiling, disassembling, or otherwise analyzing or modifying the source code of the App
• Using, or enabling others to use, paid features by improper means
• Copying, distributing, lending, reselling, or otherwise using the App without our permission
• Infringing the rights or interests of us or of third parties
• Interfering with the operation of the App

Article 7 (Intellectual Property)

Copyright and other intellectual property rights in the App and in all content it contains — programs, text, images, audio, and design — belong to us or to the rightful rights holders. These terms do not transfer any of those rights to users.

Rights to the information about a child and the sleep records a user enters into the App belong to the user. That data is stored on the user's device and is never collected by us.

Article 8 (Changes, Suspension, and Termination of the App)

• We may change the content of the App, or add or remove features.
• We may suspend the App without prior notice for maintenance, faults, or other unavoidable reasons.
• We may discontinue the App. In that case, we will give advance notice to users with an active paid plan wherever possible.

Article 9 (Changes to These Terms)

We may change these terms. The revised terms take effect when they are posted on this page. If we make a change that materially affects users, we will give advance notice in the App or on this site.

Using the App after a change is deemed acceptance of the revised terms.

Article 10 (Governing Law and Jurisdiction)

These terms are governed by and construed in accordance with the laws of Japan.

Any dispute between us and a user regarding the App or these terms shall be subject to the exclusive jurisdiction of the court having jurisdiction over our location as the court of first instance.