Terms of Service

Terms of Service

Effective date: 2026-01-05 Version: 2 Company: Bornly ApS ("Bornly", "we", "us")

These Terms of Service ("Terms") govern your access to and use of Bornly's websites, apps, and related services (collectively, the "Services").

By creating an account, purchasing a subscription, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you are using the Services on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

1) Company and contact information

Company: Bornly ApS Established: 2018 VAT: DK-39857340 Address: Vassingerødvej 97, 3540 Lynge, Denmark (C/O Mikkel Ulstrup)

Support: support@bornly.com Privacy requests: privacy@bornly.com

Our Privacy Policy is available at: https://bornly.com/privacy-policy

2) Important notices

2.1 Medical and AI disclaimer (no medical advice)

Bornly is not a medical provider. The Services (including any AI features) do not provide medical advice, diagnosis, or treatment.

Your use of the Services is subject to our Medical and AI Disclaimer, which is incorporated into these Terms by reference. If there is any conflict between the Disclaimer and these Terms on medical/health topics, the Disclaimer controls.

2.2 Not for emergencies

The Services are not intended for emergency use. If you believe you may have a medical emergency, contact local emergency services immediately.

3) Eligibility and age restrictions

  • The Services are not intended for persons under 18.
  • You must be 18 or older to purchase a subscription.
  • If you are under 18 and permitted to use the Services by applicable law, you may only use the Services with the consent of a parent/guardian.

We may suspend or terminate accounts that do not meet these requirements.

4) Accounts and security

4.1 Registration and accuracy

You may need an account to access certain features. You agree to provide accurate information and keep it updated.

4.2 Account security

You are responsible for all activity on your account and for keeping your login credentials confidential. If you believe your account has been compromised, contact support@bornly.com promptly.

4.3 One person, one account

Unless we explicitly allow it, you may not share your account or allow others to access it.

5) Your content and inputs

5.1 Your content

You may submit content to the Services, such as health logs, notes, messages, photos, or other materials ("User Content").

As between you and Bornly, you retain ownership of your User Content.

5.2 Licence to operate the Services

To provide the Services, you grant Bornly a limited, worldwide, non-exclusive, royalty-free licence to host, store, process, reproduce, and display your User Content only as needed to:

  • operate and improve the Services,
  • provide support,
  • maintain security and prevent abuse,
  • comply with legal obligations.

This licence ends when your User Content is deleted, except where we must retain certain data for legal reasons or where content remains in backups for a limited period.

5.3 Responsibility for User Content

You are responsible for your User Content and represent that you have all rights necessary to submit it and that it does not violate these Terms or applicable law.

6) Acceptable use

You agree that you will:

  • use the Services only for personal, non-commercial use (unless we agree otherwise in writing),
  • comply with applicable laws and regulations,
  • not misuse the Services or interfere with security or functionality.

You must not:

  • upload, post, or transmit unlawful, abusive, harassing, defamatory, or discriminatory content,
  • share someone else's personal information without their permission,
  • upload viruses, malware, or other harmful code,
  • attempt to access non-public areas of the Services, other accounts, or systems without authorisation,
  • reverse engineer, decompile, or attempt to extract source code (except where permitted by mandatory law),
  • scrape, crawl, or use automated systems to extract data from the Services without our consent,
  • use the Services to send spam or unsolicited promotions.

If the Services include any community, sharing, or public posting features, additional community rules may apply.

7) Subscriptions, purchases, and paid Services

If you purchase a subscription or paid feature, the following applies.

7.1 Auto-renewal

Subscriptions are generally billed in advance and renew automatically unless cancelled before the renewal date.

7.2 Where you bought your subscription

If you purchased via Apple App Store or Google Play: Your purchase, billing, cancellation, and refund requests are handled by the platform provider under their terms. You must manage the subscription through your Apple/Google account.

If you purchased directly from Bornly (e.g., on our website): You can manage billing and cancellation through the method we provide in the Services or by contacting support.

7.3 Cancellation

You can cancel at any time. Cancellation stops future renewals. You typically retain access to paid features until the end of the current billing period unless otherwise stated.

7.4 Refunds

Refund eligibility depends on where you purchased:

  • App Store / Google Play: refunds are governed by Apple/Google policies and processes.
  • Direct purchases from Bornly: refunds (if any) follow the terms shown at checkout and your statutory rights.

7.5 Statutory withdrawal rights (EEA/UK consumers)

If you are a consumer located in the EEA/UK and purchase the Services online, you may have a statutory right to withdraw from a distance contract within a cooling-off period, subject to exceptions and conditions.

If you request immediate access to the Services (digital content/services) during the withdrawal period, you may be asked to expressly consent to immediate performance and acknowledge that you may lose your right of withdrawal, where permitted by law.

7.6 Failed payments (direct purchases)

If a payment fails, we may suspend access to paid features until payment is successfully processed. After repeated failed attempts, we may cancel the subscription.

7.7 Changes to prices and plans

We may change subscription prices, plans, and included features from time to time. If required by applicable law, we will notify you in advance. Price changes typically take effect at the next renewal.

8) Intellectual property

The Services (including software, code, design, text, graphics, and trademarks) are owned by Bornly or its licensors and are protected by intellectual property laws.

Subject to these Terms, Bornly grants you a limited, non-exclusive, non-transferable, revocable licence to use the Services for personal use.

You may not copy, modify, distribute, sell, lease, or create derivative works from the Services, except as permitted by mandatory law or with our written permission.

"Bornly" and the Bornly logo are trademarks of Bornly ApS.

9) AI features

Some features may use AI to generate outputs (such as summaries, recommendations, or explanations).

When you use AI features:

  • you remain responsible for how you use AI outputs,
  • AI outputs may be inaccurate or incomplete,
  • AI outputs are not medical advice.

For details on how we process data for AI features, see our Privacy Policy.

10) Third-party services and links

The Services may integrate with or link to third-party services (e.g., Apple Health, Google Fit) or third-party websites. Bornly is not responsible for third-party services, and your use of them is governed by their terms and policies.

11) Suspension and termination

11.1 Termination by you

You may stop using the Services at any time. You may also request account deletion (see our Privacy Policy for details).

11.2 Termination by Bornly

We may suspend or terminate your access if:

  • you violate these Terms,
  • we reasonably suspect fraud or abuse,
  • we are required to do so by law,
  • or we discontinue the Services.

Where reasonable, we may provide notice and an opportunity to remedy, but we are not required to do so in all cases (e.g., severe abuse or security risks).

11.3 Effect on subscriptions

If we terminate your account due to a material breach, you may lose access to paid features. Refunds, if any, will be provided only to the extent required by applicable law and the relevant platform provider's policies.

12) Disclaimer of warranties

To the maximum extent permitted by applicable law, the Services are provided "AS IS" and "AS AVAILABLE". We do not guarantee that the Services will be uninterrupted, error-free, or fully secure.

Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.

13) Limitation of liability

To the maximum extent permitted by applicable law:

  • Bornly will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to the Services.

  • Bornly's total liability for direct damages arising out of or related to the Services will be limited to the lesser of: (i) the fees you paid for the Services in the 12 months preceding the event giving rise to the claim, or (ii) DKK 5,000.

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law (including mandatory consumer rights).

14) Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Bornly ApS and its affiliates, directors, officers, employees, and contractors from claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of:

  • your User Content,
  • your misuse of the Services,
  • or your breach of these Terms.

15) Changes to the Services and these Terms

We may update the Services over time (including adding, changing, or removing features).

We may also update these Terms. If we make material changes, we will provide notice as required by applicable law (for example, via email or in-app notice) and update the effective date.

If you continue using the Services after changes take effect, you agree to the updated Terms. If you do not agree, you must stop using the Services.

16) Governing law and dispute resolution

These Terms are governed by Danish law, without regard to conflict of law principles.

Any dispute arising out of or in connection with these Terms or the Services will be brought before the courts of Copenhagen, Denmark, unless mandatory consumer protection law provides you with the right to bring claims in another forum.

17) Miscellaneous

  • Severability: If any part of these Terms is found invalid, the remaining parts remain in effect.
  • Assignment: You may not assign these Terms without our consent. We may assign them as part of a merger, acquisition, or sale of assets.
  • Entire agreement: These Terms, together with the Privacy Policy and Medical and AI Disclaimer, form the entire agreement regarding the Services.

18) Contact

Support: support@bornly.com Privacy: privacy@bornly.com

Bornly ApS Vassingerødvej 97, 3540 Lynge, Denmark (C/O Mikkel Ulstrup) VAT: DK-39857340

Version: 2

Updated: 2026-01-05