End User License Agreement (EULA)

This End User License Agreement ("Agreement") is a legal agreement between you and NestMate ("we", "us", or "our") for the use of the NestMate mobile application ("Software"). By downloading, installing, or using the Software, you agree to be bound by the terms of this Agreement.

1. License Grant

We grant you a personal, non-exclusive, non-transferable, limited license to install and use the Software on a mobile device that you own or control, solely for your personal, non-commercial use, in accordance with the terms of this Agreement and the usage rules set forth in the Apple App Store Terms of Service or Google Play Terms of Service, as applicable.

2. Restrictions on Use

You shall not, and shall not permit others to:

• Reverse Engineering: Decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software.
• Modification: Modify, adapt, improve, enhance, or create derivative works from the Software.
• Distribution: Rent, lease, lend, sell, redistribute, or sublicense the Software.
• Security Circumvention: Remove, alter, or obscure any proprietary notice (including copyright and trademark notices) or circumvent any digital rights management or security features.

3. Health and AI Disclaimer (CRITICAL)

NESTMATE IS NOT A MEDICAL DEVICE. THE SOFTWARE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.

• No Medical Advice: The Software tracks health-related data (e.g., heart rate, oxygen, growth) and provides AI-generated insights ("Nesti"). None of this information constitutes medical advice, diagnosis, or treatment.
• AI Context & Privacy: To provide personalized care insights, your child's first name and relevant care context may be transmitted to our third-party AI providers (Google, OpenAI, Anthropic).
• AI Limitations: Our AI features use advanced models that may occasionally provide inaccurate or "hallucinated" information. You must not rely on AI insights for health-critical decisions.
• Consult a Professional: Always consult with a qualified healthcare provider regarding your child's health. In the event of an emergency, contact your local emergency services (e.g., 911) immediately.
• No Liability for Data Accuracy: We do not warrant the accuracy or completeness of data synchronized from third-party hardware (e.g., monitors) or entered by you.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NESTMATE SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING PERSONAL INJURY, LOSS OF PROFITS, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY.

5. Termination

This Agreement is effective until terminated by you or us. Your rights under this license will terminate automatically without notice if you fail to comply with any term of this Agreement. Upon termination, you must cease all use of the Software and delete all copies from your devices.

6. App Store Terms

You acknowledge that this Agreement is between you and NestMate only, and not with Apple Inc. or Google LLC. However, Apple and Google are third-party beneficiaries of this Agreement and have the right to enforce it against you. To the extent that the Standard EULA provided by Apple or Google provides rights that are not addressed in this Agreement, the terms of the Standard EULA shall apply.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which NestMate is headquartered, without regard to its conflict of law principles.

8. Contact Information

For questions regarding this EULA, please contact: legal@nestmate.app