Nestlight Terms of Service

1. Accepting these Terms, and who can use Nestlight

When you create an account, the sign-up screen shows the line "By creating an account, you agree to the Terms of Service and Privacy Policy," with links to both, right next to the button. Creating your account is how you accept these Terms. We keep a record of the version you accepted and when you accepted it. If you don't agree, please don't create an account or use Nestlight.

You can use Nestlight if:

• you are at least 18 years old;
• you are a parent or legal guardian of the child you're logging, or a parent or legal guardian has allowed you to keep these logs; and
• you can legally enter into this agreement where you live.

Nestlight is for adults. It is not directed to children under 13, and accounts are not for children. We don't knowingly let anyone under 13 create an account or send us personal information as an account holder. If we learn that an account holder is under 13, we'll close the account and delete the information collected from that child. If we learn that an account holder is under 18, we'll close the account, because a person under 18 can't accept these Terms. Information a parent or caregiver enters about a baby in their care, as these Terms allow, is information from that adult.

2. What Nestlight is

Nestlight is a free log for feeding, sleep, and growth, made for parents and caregivers. Depending on your device, it lets you:

• log latch, pump, supplement, diaper, and sleep sessions; notes and how you felt, if you choose to write them; and growth measurements and milestones, by typing; latch, pump, and supplement sessions can also be logged by voice;
• keep a private photo album;
• receive daily encouragements;
• read "This week's light" learning tips, which link to their cited sources;
• use Nestlight in its built-in languages; and
• keep logging while you're offline, with entries saved in a queue and synced later.

Each account is for one adult. Nestlight doesn't currently offer sharing with a partner or other caregivers.

Nestlight is free. We don't charge for it and don't sell subscriptions. If we ever add optional paid features, we'll tell you clearly before you'd be charged, and nothing you already use will be charged without your agreement. Section 2 controls over section 18 on any fee.

3. Nestlight is a companion, not medical care

This part matters most to us, so please read it carefully.

Nestlight is a place to write things down and notice patterns. It does not provide medical advice, diagnosis, or treatment, and it doesn't replace your pediatrician, midwife, lactation consultant, doctor, or any other clinician. It is not a medical device. Charts, summaries, encouragements, and learning tips are general information only. They aren't a judgment about your baby's health or yours.

When Nestlight shows a growth curve, including a World Health Organization (WHO) curve, it's a picture of the measurements you entered. It is not a diagnosis, a grade, or a statement that your baby is healthy or unhealthy. Talk to a clinician about what a measurement means.

Please talk to a qualified healthcare professional about any question or worry, including feeding, weight gain, sleep, diapers, development, or how you're feeling. Never ignore professional advice, or wait to get it, because of something you saw in Nestlight.

If you think you or your baby is having an emergency, call 911 or your local emergency number right away. Nestlight doesn't monitor your logs and can't send help.

If you're struggling, you're not alone, and help is available. In the US:

• 988 Suicide & Crisis Lifeline: call or text 988, any time.
• National Maternal Mental Health Hotline: call or text 1-833-852-6262, any time.
• Postpartum Support International HelpLine: call or text 1-800-944-4773.

Outside the US, please contact your local emergency or crisis services. Nestlight can't contact these lines for you.

4. Your account and keeping it safe

You can sign up with an email address and password. On the web and in the Android app, you can also choose Continue with Google. If you do, Google's terms apply to that sign-in. Please:

• give us an email address you can access;
• choose a strong password and keep it to yourself;
• keep your device and its lock secure, especially since Nestlight may hold health-related information; and
• tell us at hello@lyraflow.org right away if you think someone else has gotten into your account.

You're responsible for activity in your account that you authorized, including activity by anyone you let use your password, and for the accuracy of what you enter. You're not responsible for activity caused by a failure of our safeguards, or for access you didn't authorize, as long as you tell us at hello@lyraflow.org when you learn about it.

We use the safeguards described in our Privacy Policy. They include encryption in transit and at rest, database access rules designed so that one account's records aren't available to other accounts through Nestlight, and photo links that expire after 60 seconds. The people and service providers who run Nestlight can still reach data when that's needed to host it, secure it, comply with the law, or do something you ask. No system is perfectly secure, so we can't promise that unauthorized access, loss, or disclosure will never happen.

If the law requires us to notify you of a breach of your information, we'll email the address on your account and use any other method the law requires.

5. Your content is yours

Everything you add to Nestlight is yours. That includes your logs, notes, measurements, milestones, photos, the text of voice entries, and anything else you add ("Your Content").

To run Nestlight, we need a few limited permissions. You give Lyraflow a non-exclusive, worldwide, royalty-free license to host, store, copy, process, sync, back up, and display Your Content, including through service providers who work for us under written contracts, only to provide Nestlight to you, keep it secure, and do what you ask. We don't use Your Content to train or improve general-purpose AI models, for advertising, or for any purpose this license doesn't name. We don't sell Your Content, including under the definition of "sale" in Washington's My Health My Data Act. This license ends when you delete Your Content or your account, except for backup copies on the schedule in section 12 and records the law requires us to keep.

You confirm that you have the right to add Your Content, including photos, and that adding it doesn't violate anyone else's rights.

If you add information about a child, you confirm that you are the child's parent or legal guardian, or that a parent or legal guardian has allowed you to keep these logs and add the child's information. If that permission ends, you'll stop adding information and delete what you added. The account holder is the person who can download and delete the account, including information about a child that the account holder added.

6. Using Nestlight kindly and lawfully

Please don't:

• break the law, or use Nestlight to harm a child or anyone else;
• upload content that is unlawful, exploitative, or abusive, or that you don't have the right to share;
• try to get into another person's account or data, or get around our security or access controls;
• interfere with or overload Nestlight, or upload viruses or harmful code;
• scrape, copy, or harvest data from Nestlight using automated tools;
• reverse engineer Nestlight, except where the law allows it;
• resell, sublicense, or commercially exploit Nestlight; or
• pretend to be someone else, or misrepresent your relationship to a child.

Child sexual abuse material is never allowed. If we learn of content that appears to be child sexual abuse material, we'll remove it and report it to the National Center for Missing & Exploited Children, as federal law requires. We may access content to the extent needed for that duty, for security, to respond to a valid legal request, or to do something you ask.

Copyright notices. If you believe content in Nestlight infringes your copyright, email hello@lyraflow.org with "Copyright notice" in the subject line. Include your name and contact information, a description of the work, where the material is in Nestlight, a statement that you have a good-faith belief the use isn't authorized, and a statement, under penalty of perjury, that your notice is accurate and that you're the owner or authorized to act for the owner. We'll remove or disable material identified in a complete notice, and we'll close the accounts of repeat infringers in appropriate cases.

We may suspend or close accounts that break these rules, especially when someone's safety is at risk. Where it's appropriate and safe, we'll tell you why first.

7. Our part of Nestlight

Nestlight's software, design, text, encouragements, learning tips, and branding belong to Lyraflow or the people who license them to us. We give you a personal, limited, non-transferable, revocable license to use Nestlight for your personal use as an adult caregiver, as section 1 allows, and, on iOS, as Apple's Family Sharing and volume-purchasing rules permit (see section 10), as long as you follow these Terms. Lyraflow and Nestlight names and logos may not be used without our permission.

If you send us feedback or ideas, we're grateful. We may use them to improve Nestlight, and we won't owe you anything for doing so.

8. Learning tips, sources, and other websites

"This week's light" tips and other parts of Nestlight may link to outside sources, studies, or websites. We include them to be helpful and to show where information comes from. We don't control those sites and aren't responsible for their content, accuracy, or privacy practices. Your use of them is between you and their owners.

Nestlight also relies on service providers, such as hosting, sign-in, and storage providers. They're listed in our Privacy Policy. If you choose Continue with Google, Google's own terms also apply to that sign-in.

9. Availability, offline use, and syncing

We work hard to keep Nestlight running smoothly, but we can't promise it will always be available, error-free, or uninterrupted. We may update, change, or pause features, or do maintenance.

If we shut Nestlight down, we'll give you at least 30 days' notice in the app and by email, and the download in section 12 will stay available during that time, unless a security emergency, a legal duty, or an app store or platform cutoff makes that impossible. If it is impossible, we'll give you as much notice and export access as we can.

When you're offline, Nestlight saves new entries in a queue on your device and syncs them once you're back online. Until then, those entries exist only on that device. If you clear your browser or app data, uninstall the app, or lose the device before syncing finishes, unsynced entries may be lost. Syncing can also be delayed, and entries may sometimes appear out of order or need a quick check. We suggest opening Nestlight while connected now and then, and downloading your data from Settings if you'd like your own copy.

10. Apple App Store and Google Play

If you downloaded Nestlight from the Apple App Store or Google Play, these Terms apply along with that store's own terms and policies. Where the two conflict about your use of the app store, the store's terms control, but only as this section describes.

If you use the iOS app, you and we agree that:

• these Terms are between you and Lyraflow only, not Apple, and Lyraflow (not Apple) is solely responsible for the app and its content;
• your license to use the iOS app is a non-transferable license to use it on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that other accounts associated with the purchaser may access and use the app through Family Sharing or volume purchasing;
• Apple has no obligation to provide maintenance or support for the app;
• if the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. Nestlight is free, so the price is zero. To the maximum extent the law allows, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs, or expenses caused by a failure to conform to a warranty are Lyraflow's sole responsibility;
• Lyraflow, not Apple, is responsible for handling any claims about the app or your use of it, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and claims under consumer protection, privacy, or similar laws;
• if a third party claims that the app, or your possession and use of it, infringes that party's intellectual property, Lyraflow, not Apple, is solely responsible for investigating, defending, settling, and discharging that claim;
• you confirm that you aren't located in a country subject to a US government embargo or designated by the US government as "terrorist supporting," and that you aren't on any US government list of prohibited or restricted parties;
• you'll follow any applicable third-party terms (such as your wireless data agreement) when using the app;
• questions, complaints, or claims about the app go to Lyraflow at the contact details in section 20; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you as a third-party beneficiary.

If you use the Android app: these Terms are between you and Lyraflow only. Google isn't a party to these Terms and isn't responsible for the app, its content, maintenance, or support. Your use of Google Play also follows Google's terms. You can delete your account and the data stored in it from Settings in the Android app, or from Settings on the website while signed in, without reinstalling the app. If we keep any category of data after deletion, the Privacy Policy names it and says why.

If we ever charge for a digital feature inside the iOS or Android app, the charge will go through that store's billing system unless the store's rules allow another method. Section 2 still requires your agreement before a feature you already use starts to cost money.

11. Privacy and consumer health data

Our Privacy Policy and Consumer Health Data Privacy Policy explain what we keep, how we protect it, who helps us run Nestlight, where your data is stored, and your choices. Both are part of these Terms.

Lyraflow isn't a HIPAA covered entity or business associate, and HIPAA doesn't apply to Nestlight. Nestlight isn't a healthcare provider and isn't a medical device. We use reasonable administrative, technical, and physical safeguards suited to the logs you keep, as described in section 4 and the Privacy Policy.

Consumer health data. Nestlight keeps consumer health data, as that term is used in Washington's My Health My Data Act (RCW 19.373). That includes logs and notes about feeding, pumping, supplements, diapers, sleep, growth, milestones, and how you felt, and photos tied to those logs. The Act protects Washington residents and anyone whose consumer health data is collected in Washington.

Our Consumer Health Data Privacy Policy is linked from the website, from Settings in the app, and from our app store listings. It describes what we collect and why, where it comes from, what we share and with whom, and how to confirm, access, delete, withdraw consent, and appeal. If it conflicts with the general Privacy Policy on a point about consumer health data, the Consumer Health Data Privacy Policy controls.

Creating an account or accepting these Terms isn't consent under the My Health My Data Act. We collect consumer health data only as needed to provide the Nestlight features you ask for. Where the Act requires consent, we'll ask for it separately, before the collection or sharing. We don't sell consumer health data.

You can use the Act's rights through Settings where the control exists, or by emailing hello@lyraflow.org. We'll verify the request and respond without undue delay and within 45 days, with one possible 45-day extension if we tell you why. If we deny a request, you can appeal by replying to that decision. If we deny the appeal, we'll tell you how to contact the Washington Attorney General.

If another privacy law applies to you and doesn't allow these Terms to limit it, that law still applies. We'll add a state-specific notice when a law requires one, including if we become a "business" under the California Consumer Privacy Act.

12. Downloading and deleting your data

You can download your account data, or delete your account, from Settings on the website and in the iOS and Android apps. You don't have to install an app or email us to start deletion. The download includes your profile, your baby's details, feeding and pumping logs, diapers, growth records, sleeps, milestones, photo captions, and the activity log that have synced to your account. It doesn't include the photo files themselves. Entries still sitting only on a device aren't in the download until they sync (see section 9).

When you choose Delete everything, we delete your account and its synced logs, sleeps, photos, growth records, milestones, preferences, and activity log from our active systems, and existing photo links stop working. We do this without undue delay, and always within 45 days. Copies in our providers' routine backups are deleted as those backups rotate. We aim to finish within 30 days, and in every case we finish within six months, the outside limit Washington law allows for archived consumer health data, unless the law requires us to keep something longer. Deletion can't be undone, so please download anything you'd like to keep first.

While your account is open, no one, including you and us, can edit or erase the activity log. That ends when the account is deleted. We don't keep the activity log after deletion, except a residual backup copy on the schedule above or a record the law requires us to keep.

You can stop using Nestlight whenever you like. We may suspend or end your access if you seriously or repeatedly break these Terms, if the law requires it, or to protect you, a child, other people, or Nestlight. When possible, we'll let you know and give you a chance to download your data.

Sections 3, 5 (including the backup exception), 6, 7, 10, 11 (for data we're still allowed to hold), and 13 through 19 continue to apply after your account ends.

13. Disclaimers

We built Nestlight with care, but we provide it "as is" and "as available." To the fullest extent the law allows, Lyraflow disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy. We don't promise that Nestlight, its charts, summaries, tips, or encouragements will be accurate, complete, or right for your situation, or that Nestlight will be uninterrupted, secure, or free of errors or data loss.

The safeguards we actually use are the ones described in section 4 and the Privacy Policy, and this section doesn't take those descriptions back. It does mean we don't guarantee a particular outcome, including perfect security or freedom from data loss.

Some places don't allow certain warranty disclaimers, so some of this section may not apply to you.

14. Limitation of liability

To the fullest extent the law allows:

• Lyraflow and its owners, employees, and service providers won't be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, photos, profits, or goodwill, arising from or related to Nestlight or these Terms, even if we were told such damages were possible.
• For claims the law allows us to limit, Lyraflow's total liability arising from Nestlight or these Terms is limited to the greater of US $50 or the amount you paid for Nestlight in the 12 months before the claim. Amounts you paid include amounts collected by Apple or Google for Nestlight.

These limits cover contract, negligence, and strict liability, to the extent the law allows. They don't limit liability for fraud, gross negligence, or willful misconduct. They don't limit liability for personal injury or death where the law doesn't allow that limit. They don't limit remedies under the Washington Consumer Protection Act (RCW 19.86), the My Health My Data Act (RCW 19.373), or any other law that doesn't allow this kind of limit. They don't limit Apple's obligations, if any, under section 10.

15. Indemnity

If a third party brings a claim against Lyraflow because of Your Content, or because you intentionally used Nestlight to break the law or violate that third party's rights, you'll indemnify Lyraflow and its owners and employees for the resulting damages and reasonable attorneys' fees, to the extent the claim is caused by that content or conduct. You don't indemnify us for our own negligence, gross negligence, willful misconduct, or violation of law, and you don't indemnify us for a claim you bring against us. We'll tell you promptly about a claim covered by this section, and we may take part with our own counsel. This section doesn't cover our service providers; their contracts with us do.

16. Exports and international use

Nestlight is run from the United States, and your information may be stored and processed there, as described in our Privacy Policy. If you use Nestlight from outside the US, you're responsible for following your local laws.

17. Governing law and disputes

These Terms are governed by the laws of the State of Washington and applicable US federal law, without regard to conflict-of-laws rules, except that consumer protection and privacy rights of the place where you live that can't be waived by contract still apply.

If something goes wrong, you can write to us at hello@lyraflow.org. We'll try in good faith to resolve it informally within 30 days. You don't have to complete that step before filing, and either of us may ask a court for temporary or injunctive relief to protect an account, a person, or intellectual property.

You and Lyraflow consent to personal jurisdiction in the state courts of Clark County, Washington, and, for cases that belong in federal court, the United States District Court for the Western District of Washington, Tacoma Division. That consent is non-exclusive. Either of us may also bring an individual claim in small claims court if it qualifies.

There's no arbitration requirement in these Terms, and nothing here waives your right to join a class action.

Nothing in this section takes away consumer protection or privacy rights you have under the law where you live that can't be waived by contract.

18. Changes to these Terms

As Nestlight grows, we may update these Terms. When we do, we'll post the new version and change the "Last updated" date above.

• Material changes, meaning changes that meaningfully affect your rights or how you use Nestlight, take effect no sooner than 14 days after we tell you about them in the app and by email to the address on your account. We may make a change effective sooner when that's needed to meet a legal duty or to address a security or safety risk, and we'll say that we did.
• A change that reduces your rights, increases your obligations, or charges for a feature you already use takes effect for you only if you agree to it. Section 2 controls on any fee.
• Minor changes, such as clarifications, typo fixes, or updated contact details, take effect when we post them. Continuing to use Nestlight after they take effect means you accept them.

A change to the Privacy Policy or Consumer Health Data Privacy Policy that materially changes how consumer health data is used follows the same notice rule, and we'll also get any separate consent the My Health My Data Act requires. A change doesn't apply to a dispute that already existed on its effective date. If you don't agree to a change, you can download your data and delete your account at any time.

19. Other legal bits

• Entire agreement. These Terms, the Privacy Policy, and the Consumer Health Data Privacy Policy are the whole agreement between you and Lyraflow about Nestlight, together with the Apple terms in section 10 if you use the iOS app and Google Play's terms if you use the Android app. If the Privacy Policy and the Consumer Health Data Privacy Policy conflict on consumer health data, the Consumer Health Data Privacy Policy controls. If these Terms and the Privacy Policy conflict on a safeguard or on deletion timing, the more specific statement controls, and sections 4 and 12 control over the general disclaimer in section 13. Store terms control only where section 10 says so.
• Language. These Terms are written in English. If we provide a translation, the English text controls if the two differ. Nestlight's language setting doesn't change these Terms.
• Severability. If any part of these Terms can't be enforced, the rest still applies.
• No waiver. If we don't enforce something right away, we haven't given up the right to enforce it later.
• Assignment. You may not transfer these Terms to anyone else. We may transfer them as part of a merger, acquisition, or sale of assets, and these Terms and our privacy policies will continue to protect your information.
• Things outside our control. We're not responsible for delays or failures caused by events beyond our reasonable control.

20. Contact us

We'd love to hear from you, whether it's a question, a concern, or a kind word.

Lyraflow LLC
Email: hello@lyraflow.org
Phone: 503-500-1034
Mail: 11519 NE Mead Rd, Vancouver, WA 98682

Privacy requests, consumer health data requests, security reports, copyright notices, and dispute notices all go to hello@lyraflow.org. That mailbox is monitored.

If you're in a mental health crisis in the US, call or text 988. That line is for crisis support, not account questions.