Terms of Service

Effective date: August 5, 2026

Version: 4

Company: Bornly ApS ("Bornly", "we", "us")

These Terms govern Bornly's websites, mobile applications, application programming interfaces, widgets, notifications, subscriptions, and related services (the "Services"). They apply to Gutly, Crunchly, Pregnancy/Gestatly, Contraction Timer, Baby Names, Night Lab, Perkly, and any other Bornly service that links to them.

By creating an account, accepting these Terms in an app, purchasing, or using the Services, you agree to these Terms and the policies incorporated below. If you do not agree, do not use the Services.

1. Bornly and contact details

Bornly ApS, CVR 39857340

Support: support@bornly.com

Privacy: privacy@bornly.com

These Terms incorporate our Privacy Policy, AI Policy, Medical Disclaimer, and, where applicable, Consumer Health Data Privacy Policy.

2. Important health, AI, and safety terms

Bornly is not a healthcare provider. The Services do not provide medical advice, diagnosis, treatment, clinical patient monitoring, or emergency services. Bornly does not offer or market the Services as medical devices. They are intended solely as general wellness, education, journaling, reflection, and personal-organisation tools. See the Medical Disclaimer for feature-specific limits.

Do not rely on a score, alert, timer, trend, AI output, notification, or absence of an alert as proof that you or another person is safe or well. Contact an appropriate healthcare professional whenever concerned. For an emergency, call local emergency services.

AI output is probabilistic and may be inaccurate, incomplete, biased, or inappropriate. A human has not necessarily reviewed it. You remain responsible for decisions made using it.

3. Eligibility

You must be at least 18 years old and legally capable of entering a contract to create an account, accept these Terms, or purchase the Services. The Services are not directed to children. Do not create an account for a child or enter a child's personal or health data unless Bornly has expressly enabled that use and you have lawful authority.

4. Accounts, consent, and security

You must provide accurate information, keep it current, protect your credentials, and promptly report suspected compromise. You are responsible for activity under your account except to the extent caused by Bornly's failure to meet a legal duty.

Some features require a separate, affirmative acceptance or consent, including health-data processing, AI processing, partner sharing, or a feature-specific medical notice. Refusing or withdrawing an optional consent may make that feature unavailable. Withdrawal does not make earlier lawful processing unlawful.

Unless a feature expressly supports delegation or sharing, an account is for one person and may not be transferred or shared.

5. What the Services do

Features vary by app, version, territory, device, subscription, and configuration. They may include:

• food, nutrition, caffeine, symptom, bowel, mood, weight, pregnancy, movement, contraction, sleep, and other self-tracking;
• estimates, category-completion counts, charts, reminders, deterministic arithmetic log-history summaries, and educational content;
• AI-assisted food recognition and logging, baby-name suggestions or analysis, and optional feedback triage;
• HealthKit or similar integrations that you separately authorise;
• partner or family collaboration, shared baby-name groups, and descriptive contraction-timing notifications;
• widgets, Live Activities, push notifications, exports, and account sync.

Features can be changed, corrected, limited, suspended, or discontinued. We will provide notice where required by law, particularly for paid features or material adverse changes.

6. Your content and permissions

"User Content" includes data, text, prompts, names, photos, feedback, notes, logs, and other material you submit or import. As between you and Bornly, you retain ownership of your User Content.

You grant Bornly a worldwide, non-exclusive, royalty-free licence to host, reproduce, transform, transmit, display, and otherwise process User Content only as reasonably necessary to:

• provide and personalise the Services you request;
• operate optional AI or sharing features you activate;
• maintain security, prevent abuse, troubleshoot, and provide support;
• improve the Services using aggregated or de-identified information, or identifiable data where we have another valid legal basis; and
• comply with law and enforce these Terms.

This licence ends when the relevant data is deleted, subject to legal retention, transaction records, dispute evidence, and time-limited backups.

You confirm that you have the rights and lawful authority needed to submit User Content. Do not submit another person's health information, full name, contact details, photos, or other personal data without a lawful basis and their permission where required.

7. Partner and shared features

If you invite a partner or join a shared group, the feature may disclose information identified on its in-app sharing screen. Depending on the app, this may include a profile name or image, pregnancy details, descriptive contraction timings, maternity-contact details, baby-name preferences, shared name lists, matches, and group activity. Review invitations and participants carefully. A participant may copy or screenshot information. Revocation stops future access but cannot recall copies already made.

Participants may save, copy, screenshot, or disclose information they receive. Bornly cannot control a participant's use after authorised delivery. Remove access when no longer appropriate. A user-requested partner timing notification may be delayed, undelivered, duplicated, or outdated and must not replace direct communication with a partner, maternity team, or emergency services.

8. AI features

AI use is governed by the AI Policy. Depending on the feature, inputs can include meal descriptions and photos, product or nutrition-label images, food submissions or corrections, health or lifestyle records selected for a requested AI feature, baby-name preferences, conversation history, names intentionally submitted for analysis, feedback, survey material, or catalogue data. Content you enter may identify you even if Bornly does not add account identifiers. The AI Policy describes material differences; a feature may also provide a shorter point-of-use notice. Availability may vary by app, version, territory, subscription, and configuration.

You may use output for personal purposes subject to these Terms. Because similar inputs may generate similar output for different users, output may not be unique and Bornly does not guarantee ownership, originality, non-infringement, or fitness for a particular purpose.

Do not use AI features to make a diagnosis, select or change medication or treatment, determine whether urgent care is needed, or make a consequential decision about another person.

9. Acceptable use

You must not:

• use the Services unlawfully, fraudulently, or to harm, harass, exploit, or discriminate;
• submit content you lack authority to use, including another person's sensitive data;
• attempt unauthorised access, defeat security or entitlement controls, introduce malicious code, or disrupt the Services;
• scrape, bulk extract, reverse engineer, decompile, or derive source code except where mandatory law permits it;
• use automated access except through an interface Bornly expressly provides;
• use output to train or develop a competing model or service without written permission;
• misrepresent AI output as professional or human-reviewed advice; or
• use the Services for clinical care, patient monitoring, emergency dispatch, or another regulated purpose for which they are not offered.

10. Subscriptions, trials, and purchases

Prices, billing periods, included features, trial terms, and renewal details are shown before purchase. Subscriptions renew automatically unless cancelled before renewal. Deleting the app or account does not necessarily cancel a platform subscription.

For App Store purchases, Apple processes payment, cancellation, and platform refunds under its rules. Manage the subscription in your Apple account. For direct purchases, the checkout terms and payment provider apply. RevenueCat may manage entitlement status. Bornly does not store full payment-card numbers.

Trials convert to paid subscriptions as disclosed at checkout unless cancelled in time. You may cancel at any time to stop future renewal and normally retain access through the paid period.

Nothing in these Terms limits mandatory refund, conformity, withdrawal, or digital-content rights. EEA consumers may have a 14-day withdrawal right, subject to lawful exceptions. For a service contract, the right generally ends only after the service is fully performed following the required prior request, consent, and acknowledgement. For digital content not supplied on a tangible medium, the right may end when supply begins after the required prior consent, acknowledgement, and confirmation. Any direct Bornly checkout will provide the applicable withdrawal information and method before purchase.

We may change future prices or plan contents with notice required by law or the platform. A material adverse change does not remove remedies that mandatory consumer law provides.

11. Third-party services

The Services may interoperate with Apple, HealthKit, app stores, payment providers, content sources, maps, email, cloud, and AI providers. Their services are governed by their own terms. Bornly is not responsible for third-party products, but remains responsible for its own legal duties and processor selection.

HealthKit data must not be used or disclosed in ways prohibited by Apple's rules. You control HealthKit permissions in device settings.

12. Intellectual property

Bornly and its licensors own the Services, software, design, content, trademarks, and other materials excluding User Content. Subject to these Terms, Bornly grants you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Services for their intended consumer purpose.

Feedback and suggestions may be used without restriction or compensation, but this does not grant Bornly ownership of personal data contained in feedback or remove our privacy obligations.

13. Suspension, termination, and data access

You may stop using the Services and request account deletion. Cancel paid subscriptions separately.

We may restrict or terminate access for a material or repeated breach, security risk, fraud, unlawful use, non-payment, legal requirement, or service discontinuation. Where reasonable and legally required, we will give notice, explain the reason, and allow an opportunity to remedy or appeal.

Before foreseeable discontinuation or termination, we will provide a reasonable opportunity to export user-provided data where required and technically feasible. Some data may remain for legal obligations, fraud prevention, disputes, or backups as described in the Privacy Policy.

14. Service and warranty limits

To the maximum extent permitted by law, the Services are provided "as is" and "as available." Data sources, estimates, notifications, sync, integrations, and AI can be incomplete, delayed, inaccurate, or unavailable. We do not promise uninterrupted operation or a particular health, sleep, nutrition, pregnancy, fertility, naming, or other outcome.

Nothing in these Terms excludes statutory guarantees or remedies that cannot lawfully be excluded.

15. Liability

Nothing excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence where it cannot be limited, breach of mandatory data-protection duties, or other liability that law prohibits limiting.

Subject to that rule and to the maximum extent permitted by law, Bornly is not liable for indirect or consequential loss, lost profits, lost opportunity, or loss caused by using the Services outside their intended purpose. Bornly's aggregate liability arising from the Services is limited to the greater of DKK 5,000 or the fees you paid Bornly for the affected Service in the 12 months before the event. This cap does not reduce mandatory consumer remedies.

Consumers are not required to indemnify Bornly beyond what applicable law permits. Business users agree to indemnify Bornly against third-party claims caused by their unlawful User Content or material breach.

16. Apple-specific terms

For an iOS app, these Terms are between you and Bornly, not Apple. Bornly, not Apple, is responsible for the app and its content, maintenance, support, warranties, and claims to the extent required by law. Apple has no obligation to provide support. If the app fails an applicable warranty, you may notify Apple and Apple may refund the purchase price, if any; to the extent law permits, Apple has no other warranty obligation.

You may use the app only on Apple-branded products you own or control and as allowed by the App Store usage rules, including Family Sharing where available. You represent that you are not in an embargoed country or on a prohibited-party list.

Bornly, not Apple, is responsible for addressing claims relating to the app or your possession or use of it, including product-liability, legal or regulatory compliance, consumer-protection, and privacy claims. Bornly, not Apple, is responsible for investigating, defending, settling, and discharging a third-party claim that the app or its use infringes intellectual-property rights.

Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, may enforce these Terms against you as a beneficiary. If mandatory App Store terms conflict, the mandatory terms control only to that extent.

17. Changes

We may update these Terms for legal, security, technical, or product reasons. We will post the new version and effective date. For material changes, we will provide reasonable notice and request renewed acceptance where required. Changes do not apply retroactively unless law permits and the notice says so.

18. Governing law and disputes

Danish law governs these Terms, without regard to conflict-of-law rules. If you are a consumer, this choice does not deprive you of mandatory protections in your country of residence. Danish courts have non-exclusive jurisdiction; consumers may bring claims in any court available under mandatory law. Before filing, please contact support@bornly.com so we can try to resolve the issue.

The European Commission's former Online Dispute Resolution platform was discontinued in 2025. A Danish consumer complaint that we cannot resolve may be submitted, subject to the body's jurisdiction and eligibility rules, to Mæglingsteamet for Forbrugerklager, Nævnenes Hus, Toldboden 2, 8800 Viborg, Denmark, through naevneneshus.dk.

19. General

If part of these Terms is unenforceable, the rest remains effective. Failure to enforce a term is not a waiver. You may not transfer these Terms without consent; Bornly may transfer them as part of a merger, restructuring, or sale if your rights are not reduced. These Terms and incorporated policies form the agreement about the Services, subject to mandatory law.