Terms of Use

1. Agreement to Terms

These Terms of Use ("Terms") form a binding agreement between you ("User," "you," "your") and Wombly Technologies Ltd. ("Wombly," "we," "us," "our") covering your access to and use of the Wombly mobile application (the "App") and related services. By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy ("Policy"). If you do not agree to every provision, do not use the App.

2. Eligibility

You must be (i) at least 16 years old (or the legal age of majority in your jurisdiction, whichever is higher) and (ii) legally capable of entering into a contract. If you are under 18, you represent that your parent or legal guardian has reviewed and accepted these Terms on your behalf.

3. Limited Licence

Wombly grants you a non-exclusive, non-transferable, revocable licence to install and use one copy of the App on a device you control, solely for your personal, non-commercial use and strictly in accordance with these Terms. You must not:

1. modify, translate, adapt, or create derivative works of the App;
2. reverse-engineer, decompile, or disassemble any portion of the App, except to the limited extent permitted by law;
3. remove or alter any proprietary notices;
4. "mirror" or frame the App or any part thereof;
5. use the App in any manner that could disable, overburden, or impair it, or interfere with any other party's use.

The licence terminates automatically if you breach any obligation herein, and Wombly may disable or suspend the App at its sole discretion.

4. Health & Safety Disclaimer

• The App analyses audio signals to help you listen to fetal heart sounds for informational and recreational purposes only.
• No content, metric, or suggestion provided by Wombly constitutes medical advice.
• The App is not cleared by the U.S. FDA, EU MDR, or any other regulator as a diagnostic medical device.
• Always consult a qualified healthcare professional before making health-related decisions.

5. In-App Purchases & Subscriptions

Some features are available only through paid, auto-renewing subscriptions offered via Apple In-App Purchase. Except where mandatory law states otherwise:

• Prices and renewal periods are those shown in the App at checkout; local taxes may apply.
• Subscriptions renew automatically unless auto-renew is disabled at least 24 hours before the current period ends.
• You may manage or cancel at any time in Settings → Apple ID → Subscriptions or equivalent system path.
• EU/UK residents: you have a statutory 14-day right of withdrawal for digital content. By tapping "Buy," you acknowledge immediate delivery and waive the right except within that 14-day period.
• Refunds follow Apple Media Services Terms and local consumer-law rights.

6. Intellectual Property

All content, trademarks, and technology in the App are owned by or licensed to Wombly and are protected by copyright, trademark, and other laws. No rights are granted except as expressly provided.

7. User Content

If you upload, record, or otherwise submit audio, photos, notes, or other material ("User Content"), you grant Wombly a worldwide, royalty-free, sublicensable licence to store and process that content solely to operate and improve the App. You represent that you own or have the necessary rights to your User Content and that it does not infringe any third-party rights or violate law.

8. Prohibited Conduct

You agree not to:

• use the App for unlawful, harmful, or fraudulent purposes;
• attempt to gain unauthorised access to other users' data or Wombly's systems;
• introduce viruses or other malicious code;
• harvest or collect information about others without consent.

9. Export & Sanctions Compliance

You may not use or export the App except as authorised by United States, EU, and local export-control laws. You represent that you are not located in, under the control of, or a national or resident of any country or entity subject to trade sanctions.

10. Updates & Availability

Wombly may modify, suspend, or discontinue the App (or any part) at any time without liability. Continued use after an update signifies acceptance of the new version.

11. Warranty Disclaimer

The App is provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, Wombly disclaims all warranties—express, implied, statutory, or otherwise—including merchantability, fitness for a particular purpose, and non-infringement. Wombly does not guarantee accuracy, uninterrupted availability, or error-free operation.

Where mandatory law prohibits the exclusion or limitation of liability, such provisions shall apply only to the maximum extent permitted.

12. Limitation of Liability

To the fullest extent permitted by law, Wombly and its affiliates shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, profits, or goodwill, arising from or related to your use of (or inability to use) the App, even if advised of the possibility. In jurisdictions that do not allow exclusions of liability, Wombly's total cumulative liability shall not exceed USD 50 or the amount you paid in the preceding 12 months, whichever is higher.

Nothing in these Terms limits liability for death, personal injury, or fraud where such limitation is prohibited by law.

13. Indemnification

You agree to indemnify and hold harmless Wombly, its officers, directors, employees, and agents from any claim, demand, or damages (including reasonable attorneys' fees) arising out of your breach of these Terms or misuse of the App.

14. Governing Law & Dispute Resolution

• Governing law: These Terms are governed by the laws of State of Delaware, USA, excluding conflict-of-law rules.
• Consumer rights: Mandatory consumer-protection laws of your country of residence remain unaffected.
• Informal resolution: Contact support@wombly.app before filing a dispute; we will attempt informal resolution within 30 days.
• Arbitration (non-EU): If you reside outside the EU/EEA, unresolved disputes shall be settled by binding arbitration under the JAMS Rules in New York, NY.
• EU/EEA residents: You may bring proceedings in your local courts. The European Commission's ODR platform is available at https://ec.europa.eu/consumers/odr.

15. Severability & Entire Agreement

If any provision is held invalid, the remainder remains enforceable. These Terms, plus any additional Apple or platform terms, constitute the entire agreement between you and Wombly regarding the App and supersede all prior understandings.

16. Contact

Questions? Email wombly.app@gmail.com