Terms of Service

1. Scope and provider

These terms govern your use of the Nyra app and website. The provider and your contracting party is Bytenium UG (haftungsbeschränkt), Desenißstraße 30, 22083 Hamburg, Germany, registered with the commercial register of the Hamburg District Court under HRB 177400 ("we"). Full details are in the Impressum.

Nyra is offered exclusively to consumers within the meaning of § 13 BGB. Users' differing terms do not apply.

2. What Nyra does

Nyra helps parents organise daily life with a child: you record sleep and wake times, see the shape of the day, share access with other caregivers, and coordinate care. From the times you record, Nyra computes a suggestion for the next sleep window.

Nyra is not a medical device and not a health app. We make no diagnoses, give no medical advice, and do not replace medical or therapeutic consultation. The sleep windows shown are planning suggestions, not an assessment of your child. Decisions about your child's health are yours; if in doubt, consult a medical professional.

The prediction is based on the data you record. It becomes more accurate as data accumulates but is by nature an estimate. We do not owe any particular accuracy.

3. Account and access

• An account is required. Only people who have reached the age of 18 and have full legal capacity may create one.
• The user contract for the app is concluded on registration and is free of charge unless you take out a paid subscription.
• Please keep your credentials confidential and do not pass them on. If you suspect unauthorised use, change your password and tell us.
• The email address you register must be accurate; we use it for contract-related messages.

4. Other caregivers

You can invite other people to help look after your child's routine. They can see the recorded times, the child's profile, and the care planning.

You decide whom to invite and can revoke access at any time. Only invite people to whom you deliberately want to grant this visibility — invitation links work for anyone who receives them. We do not verify the authorisation of invited people.

5. Paid subscription

To use Nyra for a child you need a paid subscription; there is no free version. A subscription covers a fixed number of active children, and the price depends on that number:

All prices include statutory VAT.

An active child is a child profile covered by your subscription. Only an active child can be selected and used in the app — by you and by the caregivers you have invited. A newly created child profile is active straight away if your subscription still has a free place for it; otherwise it is created as an inactive profile. You can deactivate an active child at any time, and activate an inactive child as soon as your subscription has a free place for it. An inactive child's data remains stored, but is not visible in the app until you activate the child again. Only the person who created the child profile can take out the subscription; invited caregivers do not need one of their own.

The price depends on the subscription you have taken out, not on how many children are currently active. Deactivating a child therefore neither changes the price nor ends the subscription. To pay less, switch to a subscription for fewer children in the App Store. The applicable price is shown to you in the App Store before purchase.

If, after such a switch, your subscription covers fewer children than you have active, we deactivate your most recently created active children as soon as the switch takes effect, until their number fits the subscription, and we let you know. No data is lost. If you would rather have a different child active, deactivate an active child and activate the one you want.

A subscription covers at most 3 active children per account. We do not currently offer a subscription for a fourth active child.

If your subscription ends, the data already recorded for your active children remains readable; new entries are then not possible.

Your contracting party for the purchase is Apple. The purchase contract for the subscription is concluded between you and Apple. Apple handles payment and invoicing. We do not receive payment details. The App Store's terms apply in addition.

Cancellation happens in the App Store, in your Apple account settings — not with us. We cannot technically end a subscription. Deleting your Nyra account does not end a running subscription either. Please also cancel in the App Store.

6. Changes to the offer, and protection for existing subscribers

We continue to develop Nyra. We may therefore change our offers for future subscriptions at any time — in particular adjusting prices and cutting features differently or bundling them into separate offers.

A running subscription is protected: you keep the price and the scope of features agreed when you subscribed, for as long as the subscription continues uninterrupted — even if we offer a different arrangement to new subscribers. We make no unilateral changes to your running subscription to your detriment. A feature included in your plan will not be taken away from you afterwards in order to be sold separately.

If you switch to a different offer yourself, or subscribe again after an interruption, the terms then current apply. Price increases for running subscriptions require your consent via the App Store; without consent the subscription ends at the end of the current period.

7. Right of withdrawal

Because the purchase contract for the subscription is concluded with Apple, withdrawal from the purchase is governed by the App Store's terms and must be exercised against Apple. Apple provides a form for this; Apple decides on refunds.

The user contract with us for your Nyra account is free of charge. You may end it at any time and without giving reasons by deleting your account in the app.

8. Your obligations

• Do not use Nyra unlawfully or in a way that disrupts its operation — for example automated bulk access, circumventing access controls, or attacking our systems.
• Do not enter third-party data that you are not authorised to enter.
• Do not share your account with people outside your household. The invitation feature exists for other caregivers.

9. Availability and changes to the app

We aim for high availability but do not owe uninterrupted access. Maintenance, faults at upstream providers, and circumstances outside our control may cause interruptions. We may continue to develop the app and adjust individual features, provided the contractual scope of your running subscription is preserved (§ 6).

10. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and to the extent of any guarantee we have given.

For slight negligence we are liable only for breach of a material contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely. In that case liability is limited to the damage typically foreseeable at the time the contract was concluded. Otherwise liability for slight negligence is excluded.

Because Nyra is not a medical device (§ 2), the predictions shown constitute neither a warranty nor a basis for health-related decisions.

11. Term and termination of the user contract

The user contract runs for an indefinite period. You may end it at any time by deleting your account. We may terminate it on 30 days' notice; the right to terminate for good cause — for instance on serious breaches of § 8 — remains unaffected. What happens to your data when an account is deleted is described in the privacy notice.

12. Changes to these terms

We will notify you of changes to these terms in text form at least 30 days before they take effect. Changes require your consent. If you do not object by the stated date and continue using Nyra, this counts as consent; we will point out this effect separately in the notice. You may end the contract without notice at any time up to that date. § 6 remains unaffected for running subscriptions.

13. Governing law and dispute resolution

German law applies. Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

Questions about these terms can be sent to contact@nyra-app.de.