Terms of Service

Last updated: February 9, 2025

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 Development SL ("Company", "we", "us", or "our"), a company registered in 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
  • Visual charts and trend analysis
  • 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.

3. Medical Disclaimer

IMPORTANT: The App is not a substitute for professional medical advice, diagnosis, or treatment. Always consult your healthcare provider regarding any concerns about fetal movement or your pregnancy.

  • 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.
  • The App does not interpret or analyze the medical significance of kick counts.

4. Account and Authentication

  • You may use the App anonymously or sign in with your Apple or Google account.
  • If you sign in, you are responsible for maintaining the security of your account and for all activities that occur under it.
  • 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.

5. 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 or its systems
  • 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

6. Intellectual Property

  • The App, including its design, code, branding, and all original content, is owned by notJust Development 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.

7. Subscriptions and Payments

7.1 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.

7.2 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.

7.3 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.

7.4 Managing Subscriptions

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

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

7.5 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.

7.6 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.

8. Account Termination

8.1 Termination by You

You may stop using the App at any time. To delete your account and associated data, submit a request at notjust.app/tinykicks/delete-account or contact us at support@notjust.dev.

8.2 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

8.3 Effect of Termination

Upon termination, your right to use the App ceases immediately. We may delete your account data in accordance with our Privacy Policy. Termination does not entitle you to a refund of any subscription fees already paid.

9. 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

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTJUST DEVELOPMENT 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

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.

11. Indemnification

You agree to indemnify, defend, and hold harmless notJust Development 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

12. Privacy

Your use of the App is also governed by our Privacy Policy, available at notjust.app/tinykicks/privacy. By using the App, you consent to the practices described in the Privacy Policy.

13. 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

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.

14. Governing Law and Dispute Resolution

14.1 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.

14.2 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.

14.3 EU Consumer Rights

If you are a consumer residing in the European Union, you may also bring proceedings in the courts of your country of residence. Nothing in these Terms affects your rights as a consumer under applicable EU law. You may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

15. 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.

16. Entire Agreement

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

17. Contact Us

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

notJust Development SL Barcelona, Spain Email: support@notjust.dev