Terms of Use

1. Acceptance of these Terms

These Terms of Use (the “Terms”) govern your access to and use of the Wobbly mobile application, including its Apple Watch app, widgets and related features (the “App”), and the website at wobbly.axiron.dev (the “Website”). The App and the Website are provided by Andrey Pitunov (the “Developer”, “we”, “us”).

By downloading, installing, accessing or using the App, you confirm that you have read, understood and agree to be bound by these Terms and by the Privacy Policy. If you do not agree, do not use the App.

2. License

The App is licensed, not sold, to you under Apple's Licensed Application End User License Agreement (the “EULA”). These Terms supplement the EULA. In the event of a conflict between these Terms and the EULA, the EULA prevails to the extent of the conflict. Apple Inc. is not responsible for the App or its content.

3. Eligibility

The App is intended for parents, legal guardians and other adult caregivers. You must be at least 18 years old, or the age of majority in your jurisdiction, to use the App. The App is not directed to children.

4. Informational purposes only — no medical advice

ALL CONTENT IN THE APP AND ON THE WEBSITE, INCLUDING THE DEVELOPMENT CALENDAR, GROWTH AND SLEEP REFERENCE RANGES, VACCINATION SCHEDULES, GUIDES, TIPS, CHECKLISTS, PREDICTIONS AND ANY AUTOMATICALLY GENERATED RESPONSES (THE “CONTENT”), IS PROVIDED FOR GENERAL REFERENCE AND INFORMATIONAL PURPOSES ONLY.

The Content is not medical advice and is not a substitute for professional medical advice, diagnosis or treatment. The App is not a medical device. It does not diagnose, treat, cure, monitor or prevent any disease or condition, and it does not prescribe treatment, medication or dosages.

Reference ranges and milestones are general guidelines. Every child develops at their own pace, and a value outside a range in the App does not by itself indicate a health problem, nor does a value within a range indicate that there is none.

Always seek the advice of a pediatrician or another qualified health professional with any question you have about your child's health. Never disregard professional medical advice or delay seeking it because of something you have read or recorded in the App.

Use of the App does not create a doctor–patient or any other professional relationship between you and the Developer.

5. Emergencies

THE APP IS NOT INTENDED FOR EMERGENCIES. If your child has a fever and is under 3 months old, has difficulty breathing, seizures, unusual drowsiness or lethargy, refuses to eat or drink, has been injured, or if you are concerned for any other reason, contact a doctor or your local emergency number immediately (for example, 911, 112 or 103).

6. Sleep and feeding records

Timers, logs, charts and sleep predictions reflect only the information you enter. The App does not observe, monitor or detect your child's condition, breathing or safety. Always follow safe sleep recommendations from your health professional.

7. Accuracy of Content

We take reasonable care in preparing the Content, but we make no representations or warranties that it is accurate, complete, current or suitable for your child. Medical knowledge and official recommendations, including vaccination schedules, change over time and differ between countries. Vaccination schedules in the App are compiled from public official sources for reference only; confirm every vaccination with your doctor or local health authority. Some Content has been translated, and translations may contain errors.

8. Automatically generated content

If the App offers an AI assistant or other automatically generated content, such responses are produced by software, may be inaccurate, incomplete or outdated, and are subject to Section 4. You must not rely on them as medical advice. Do not enter personal data such as full names, addresses, identity document or medical record numbers.

9. Your responsibility

You are solely responsible for decisions about your child's health, care, feeding, sleep and vaccination, and for the accuracy of the information you enter in the App. You use the App and rely on the Content at your own discretion and risk.

10. Purchases and subscriptions

Wobbly Plus is an optional paid upgrade offered as an auto-renewing monthly or yearly subscription or as a one-time lifetime purchase, as described on the Wobbly Plus page and in the App before purchase. Payment is charged to your Apple Account at confirmation of purchase. Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period; your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel subscriptions in your App Store account settings. If a free trial is offered, it converts to a paid subscription unless cancelled at least 24 hours before it ends, and any unused portion of the trial is forfeited when you purchase a subscription.

All payments are processed by Apple. Refunds are at Apple's sole discretion under its policies. We may change the features or prices of Wobbly Plus; price changes for existing subscribers are made in accordance with Apple's rules.

11. Your data

Data you enter is stored on your devices and, if you enable iCloud sync, in your private iCloud account, as described in the Privacy Policy. The Developer does not store a copy of this data and cannot restore it if it is lost or deleted.

12. Intellectual property

The App, the Website and the Content, including texts, illustrations, design and software, are protected by copyright and other laws and belong to the Developer or its licensors. The development calendar texts are used with the permission of their author. You may use the Content for your personal, non-commercial purposes only and may not copy, reproduce, distribute, modify or create derivative works from it without prior written permission.

13. Acceptable use

You agree not to misuse the App, including by attempting to reverse engineer, decompile or interfere with it, circumvent purchase or security measures, or use it for any unlawful purpose.

14. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF DATA LOSS, OR THAT REMINDERS AND NOTIFICATIONS WILL BE DELIVERED.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, HARM TO HEALTH, LOSS OF DATA OR OTHER LOSS ARISING OUT OF OR RELATED TO YOUR USE OF, OR RELIANCE ON, THE APP, THE WEBSITE OR THE CONTENT, INCLUDING ANY DECISIONS ABOUT YOUR CHILD'S HEALTH OR CARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, THE DEVELOPER'S TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP AND WOBBLY PLUS IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR USD 50, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, the exclusions and limitations above apply only to the extent permitted by law, and nothing in these Terms limits any rights you have as a consumer that cannot be waived by contract.

16. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless the Developer from any claims, losses and expenses, including reasonable legal fees, arising from your breach of these Terms or your misuse of the App.

17. Changes and termination

We may modify, suspend or discontinue the App or any part of it, and may update these Terms at any time. The updated Terms will be posted on this page with a new effective date. Your continued use of the App after the update constitutes acceptance of the updated Terms. You may stop using the App at any time by deleting it from your devices.

18. General

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any provision is not a waiver of it. These Terms, together with the EULA and the Privacy Policy, constitute the entire agreement between you and the Developer regarding the App.

19. Contact

Questions about these Terms may be sent to [email protected].