Terms of Service

Last updated: March 26, 2026

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Baby Kick Counter: TinyKicks mobile application ("App") provided by NOTJUST.DEV, SL ("Company", "we", "us", or "our"), a company registered in C/ Balmes 129bis 4º 2ª, 08008 Barcelona, Spain.

By downloading, installing, accessing, 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.

2. Description of the Service

The App provides a tool for expectant parents to track fetal movements during pregnancy. Features include:

  • Kick session logging with a single tap
  • Daily, weekly, monthly, and yearly summaries
  • Interactive calendar view and visual charts
  • Multi-step onboarding to personalize your experience
  • Push notification reminders for daily kick tracking
  • Cloud data sync across devices when signed in
  • Free tier with basic access
  • Premium subscription with additional features

The App is not a medical device. It is designed for informational and personal tracking purposes only. It does not provide medical advice, diagnosis, or treatment. The App is not approved, cleared, or certified by the FDA (U.S. Food and Drug Administration), any EU Notified Body, or any other medical device regulatory authority. It does not bear a CE mark for medical devices.

3. Medical Disclaimer

IMPORTANT — PLEASE READ CAREFULLY

The App is not a substitute for professional medical advice, diagnosis, or treatment. The App is a personal tracking tool only.

  • Never disregard professional medical advice or delay seeking it because of information from the App.
  • If you notice a significant change in your baby's movement patterns, contact your healthcare provider immediately. Do not rely on the App to detect or alert you to potential problems.
  • The App does not interpret or analyze the medical significance of kick counts. It does not provide any clinical assessment, risk scoring, or health recommendations.
  • The App does not replace clinical fetal monitoring methods such as non-stress tests (NST), biophysical profiles (BPP), or any other medical evaluation.
  • No doctor-patient relationship is created by your use of the App. The Company is a software provider, not a healthcare provider.
  • The accuracy of kick tracking depends entirely on your manual input. The App cannot detect or measure fetal movements on its own.

By using the App, you acknowledge that you understand and accept this disclaimer.

4. Age Requirements

  • You must be at least 13 years old to use the App (as required by COPPA).
  • If you are located in the EU/EEA, you must be at least 16 years old to use the App without parental consent (as required by GDPR Article 8).
  • If you are under the applicable minimum age, you may not use the App.

5. Account Types & Authentication

5.1 Anonymous Accounts

  • When you first open the App, an anonymous account is created automatically. No email, name, or password is required.
  • Anonymous accounts have full access to the App's features, but data recovery is not possible if you lose your device or uninstall the App without upgrading to a full account.

5.2 Apple & Google Sign-In

  • You may upgrade your anonymous account to a full account by signing in with Apple Sign-In or Google Sign-In at any time.
  • When you upgrade, all your existing data (pregnancy info, kick sessions, preferences) is preserved and linked to your authenticated account.
  • You are responsible for maintaining the security of your Apple or Google account used to sign in.

5.3 Account Security

  • You are responsible for all activities that occur under your account.
  • You agree to notify us immediately of any unauthorized access to your account.
  • We reserve the right to suspend or delete accounts that we reasonably believe are compromised or being misused.

6. Cloud Data Storage & Sync

  • Your data is stored remotely. All user data — including profile information, pregnancy data, kick session logs, and notification preferences — is stored in our cloud database (Supabase), not only on your device.
  • Data sync. When you are signed in with Apple or Google, your data syncs across all devices where you are logged in to the same account.
  • Data migration. If you previously used the App with local-only storage, your data may be migrated to our cloud database to enable sync and backup features.
  • Internet connection. An internet connection is required for data to sync to the cloud. The App may cache data locally and sync when a connection is available.
  • Data protection. Your data is protected by Row Level Security in our database — only you can access your own data. See our Privacy Policy for full details.

7. Data Ownership & License

7.1 Your Data

  • You own your data. All pregnancy data, kick session logs, and personal information you enter into the App remains your property.
  • License to us. By using the App, you grant us a limited, non-exclusive, worldwide license to store, process, and transmit your data solely for the purpose of providing and improving the App's services. This license terminates when you delete your account.
  • No other use. We will not use your personal data for advertising, sell it to third parties, or use it for any purpose other than providing and improving the App, as described in our Privacy Policy.

7.2 Aggregated & Anonymized Data

  • We may create aggregated, anonymized, or de-identified data from your information for research, analytics, and service improvement purposes. Such data cannot be used to identify you and is not subject to these ownership provisions.

8. Push Notifications

  • The App offers daily kick reminder notifications to help you maintain a consistent tracking routine.
  • During onboarding, you may choose your preferred notification time and enable or disable notifications.
  • Notifications are scheduled locally on your device. We store your push notification token in our database to enable delivery.
  • You can disable notifications at any time through the App's settings or your device's system notification settings.
  • We are not responsible for notification delivery failures caused by your device settings, operating system restrictions, network issues, or third-party services (Apple Push Notification Service, Firebase Cloud Messaging, Expo).
  • Notification tokens are deleted when you delete your account.

9. Subscriptions and Payments

9.1 Subscription Plans

Some features of the App require a paid subscription. We offer Weekly and Annual subscription tiers through the Apple App Store and Google Play Store.

9.2 Free Trial

Subscriptions may include a free trial period. If you do not cancel before the free trial ends, you will be automatically charged for the subscription plan you selected.

9.3 Billing

  • Payment is charged to your Apple ID or Google Play account at confirmation of purchase.
  • Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.
  • The renewal price may change; we will notify you of any price increases in advance.

9.4 Managing Subscriptions

You can manage and cancel your subscription at any time through:

  • iOS: Settings > Apple ID > Subscriptions
  • Android: Google Play Store > Subscriptions

9.5 Subscription Expiry

If your subscription expires or is canceled, your account will revert to the free tier. You will retain access to basic features and your existing data, but premium features will become unavailable.

9.6 Refunds

All purchases are processed through the Apple App Store or Google Play Store. Refund requests must be submitted directly to Apple or Google in accordance with their respective refund policies:

We do not process refunds directly. For EU consumers: Your statutory right of withdrawal under Directive 2011/83/EU may apply to digital content purchases. However, by initiating a download or starting to use a subscription, you may consent to waive this right as permitted under Article 16(m) of the Directive.

10. Acceptable Use

You agree not to:

  • Use the App for any unlawful purpose or in violation of any applicable laws
  • Attempt to extract, reverse-engineer, decompile, or disassemble any part of the App
  • Interfere with, disrupt, or overload the App, its servers, or connected networks
  • Attempt to gain unauthorized access to any part of the App, its systems, or other users' data
  • Redistribute, resell, sublicense, or publicly share content from the App
  • Use automated tools, bots, scrapers, or similar means to interact with the App
  • Impersonate any person or entity, or misrepresent your identity or affiliation
  • Upload malicious content, viruses, or harmful code
  • Use the App to collect data about other users
  • Circumvent any security measures or access controls

11. Intellectual Property

  • The App, including its design, code, branding, and all original content, is owned by NOTJUST.DEV, SL and is protected by international copyright, trademark, patent, and other intellectual property laws.
  • All trademarks, logos, and service marks displayed in the App are the property of the Company or their respective owners.
  • Nothing in these Terms grants you any right to use the Company's trademarks, logos, or branding.

12. Service Availability

  • The App is provided on an "as available" basis. We do not guarantee uninterrupted, continuous, or error-free access to the App.
  • We may perform scheduled maintenance that temporarily makes the App or certain features unavailable. We will endeavor to provide advance notice when possible.
  • We may modify, suspend, or discontinue any part of the App at any time, with or without notice.
  • We are not liable for any loss or damage resulting from service interruptions, downtime, or data sync delays.
  • The App depends on third-party infrastructure (Supabase, Apple, Google, Expo). Outages in these services are beyond our control.

13. Data Portability

  • You have the right to export your data in a structured, commonly used, machine-readable format (JSON).
  • To request a data export, contact us at support@notjust.app with the subject line "Data Export Request."
  • We will provide your data within 30 days of receiving your request.
  • Exported data includes: profile information, pregnancy data, and kick session logs.

14. Account Deletion & Termination

14.1 Deletion by You

  • You may delete your account at any time by visiting notjust.app/tinykicks/delete-account or contacting us at support@notjust.app.
  • Upon receiving your deletion request, we will permanently delete all your personal data — including profile data, pregnancy data, kick sessions, and push notification tokens — within 30 days.
  • This action is irreversible. Once deleted, your data cannot be recovered.
  • Active subscriptions are not automatically canceled when you delete your account. You must cancel your subscription through the App Store or Google Play before deleting your account to avoid further charges.

14.2 Termination by Us

We may suspend or terminate your access to the App at any time, with or without notice, for conduct that we reasonably believe:

  • Violates these Terms or applicable laws
  • Is harmful to other users, the Company, or third parties
  • Involves misuse or abuse of the App

14.3 Effect of Termination

  • Upon termination, your right to use the App ceases immediately.
  • If we terminate your account, we will delete your data in accordance with our Privacy Policy, unless retention is required by law.
  • Termination does not entitle you to a refund of any subscription fees already paid.
  • Sections that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

15. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The App will be uninterrupted, timely, secure, or error-free
  • Data recorded in the App will be accurate, complete, or reliable
  • The App will meet your expectations or requirements
  • Any defects in the App will be corrected
  • Data stored in the cloud will be preserved without loss or corruption
  • Data sync between devices will be instantaneous or error-free

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTJUST.DEV, SL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or data
  • Loss of goodwill or reputation
  • Any health-related outcomes or decisions based on information from the App
  • Cost of substitute services
  • Any damages arising from your use of or inability to use the App
  • Loss of data due to cloud storage failures, sync errors, server outages, or data migration issues
  • Unauthorized access to your data due to circumstances beyond our reasonable control
  • Damages arising from service interruptions or maintenance windows

In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the maximum extent permitted by law. In any case, our total aggregate liability shall not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.

For EU consumers: Nothing in these Terms limits your statutory rights under applicable EU consumer protection laws, including Directive 2011/83/EU on consumer rights and Directive 1999/44/EC on consumer guarantees.

17. Indemnification

You agree to indemnify, defend, and hold harmless NOTJUST.DEV, SL, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any medical decisions made based on data from the App

For EU consumers: This indemnification clause does not apply to the extent it would conflict with mandatory consumer protection laws in your jurisdiction.

18. Privacy

Your use of the App is also governed by our Privacy Policy. By using the App, you acknowledge the data practices described in the Privacy Policy. Where the Privacy Policy requires your consent for specific processing activities (such as pregnancy data or push notifications), your continued use does not substitute for that consent.

19. Changes to These Terms

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

  • Updating the "Last updated" date at the top of this page
  • Providing in-app notification for material changes

Your continued use of the App after any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the App.

20. Governing Law and Dispute Resolution

20.1 Governing Law

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

20.2 Jurisdiction

Any disputes arising from or relating to these Terms or the App shall be submitted to the exclusive jurisdiction of the courts of Barcelona, Spain.

20.3 EU Consumer Rights

If you are a consumer residing in the European Union:

  • You may bring proceedings in the courts of your country of residence, in accordance with Regulation (EU) No 1215/2012.
  • Nothing in these Terms affects your rights as a consumer under applicable EU law, including Directive 2011/83/EU on consumer rights.
  • You may use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

20.4 U.S. Users

If you are located in the United States, any disputes that are not resolved informally shall be resolved in the courts of Barcelona, Spain. You agree to submit to the personal jurisdiction of such courts.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NOTJUST.DEV, SL regarding the use of the App and supersede any prior agreements or understandings.

23. Contact Us

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

NOTJUST.DEV, SL
C/ Balmes 129bis 4º 2ª, 08008 Barcelona, Spain
NIF: B26785477
Email: support@notjust.app