Terms of Use

End-User License Agreement for “Capybara Sleep”

Last updated: 29 June 2026

1. Agreement

These Terms of Use (the “Terms”) form a binding agreement between you (“you”, the “User”) and Kakhidze Sergei, an individual app developer (the “Developer”, “we”, “us”), governing your use of the “Capybara Sleep” mobile application for iOS (the “App”) and the website at https://capybarasleep.com (the “Website”, and together the “Service”).

By downloading, installing or using the App, you confirm that you accept these Terms and the Privacy Policy. If you do not agree, do not download or use the App.

You must be at least 16 years old, or the age of digital majority in your country, to use the Service.

2. The App and the licence

The App is a smart alarm and sleep-analysis application. Subject to these Terms, the Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and use one copy of the App for your personal, non-commercial purposes on an Apple-branded device that you own or control, as permitted by the App Store’s Usage Rules and Apple’s standard Licensed Application End User License Agreement (the “Apple Standard EULA”).

These Terms supplement the Apple Standard EULA. To the extent of any conflict, the Apple Standard EULA applies to your licence to use the App, and these Terms govern the remainder of the relationship between you and the Developer.

3. Paid application; no advertising

The App is a paid application distributed through the Apple App Store. The applicable price and any purchase options are shown in the App Store and within the App. The App does not operate on a “freemium” basis and is not financed by advertising; it contains no third-party advertisements.

4. Purchases, billing and refunds

All purchases are made through, processed by and billed by Apple Inc. via your Apple account, in accordance with Apple’s Media Services Terms and Conditions. The Developer does not receive or process your payment-card or billing details.

Refunds and cancellations are handled by Apple under Apple’s applicable policies. The Developer does not control and cannot directly issue App Store refunds. Nothing in these Terms limits any non-waivable refund or withdrawal rights you may have under mandatory consumer-protection law in your country of residence.

5. Acceptable use

You agree not to:

• copy, modify, decompile, disassemble or reverse-engineer the App, or attempt to derive its source code, except to the extent such restriction is prohibited by applicable law;
• rent, lease, lend, sell, redistribute or sublicense the App;
• circumvent, disable or interfere with security or technical protection measures of the Service;
• use the Service in any unlawful manner or in violation of the rights of others.

6. Intellectual property

The App and the Service, including their software, design, interface, graphics, sounds, text, trademarks and other content, are owned by the Developer or its licensors and are protected by intellectual-property laws. Except for the licence expressly granted in §2, no rights are transferred to you.

7. Health disclaimer

The App is a consumer wellness tool. It is not a medical device and does not provide medical advice, diagnosis or treatment. Sleep data, analysis and recommendations provided by the App are informational only and must not be relied upon for medical decisions or used as a substitute for professional medical advice. Consult a qualified healthcare professional with any questions about your health or sleep.

8. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or fully accurate. Nothing in this section excludes warranties or rights that cannot be excluded under the mandatory law applicable to you.

9. Limitation of liability

To the maximum extent permitted by applicable law, the Developer shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or goodwill, arising out of or in connection with your use of, or inability to use, the Service. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud. Where liability cannot be excluded but may be limited, the Developer’s aggregate liability is limited to the amount you paid for the App.

10. Apple-specific terms

This section applies to your use of the App obtained from the Apple App Store:

• These Terms are between you and the Developer only, not with Apple. Apple is not responsible for the App or its content.
• Apple has no obligation to provide any maintenance or support for the App. The Developer is solely responsible for support, to the extent support is provided (see contact below).
• In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• The Developer, not Apple, is responsible for addressing any claims by you or any third party relating to the App, including product-liability, legal-compliance and consumer-protection claims, and any claim that the App infringes third-party intellectual-property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-parties list.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

11. Term and termination

These Terms apply for as long as you use the Service. The licence terminates automatically if you fail to comply with these Terms. You may end the agreement at any time by ceasing to use and deleting the App. The Developer may suspend or discontinue the Service, in whole or in part, at any time, subject to applicable law.

12. Governing law

These Terms are governed by the laws of the Developer’s country of residence, without regard to its conflict-of-law rules. This choice of law does not deprive you of the protection afforded by the mandatory consumer -protection provisions of the law of the country in which you habitually reside. Mandatory consumer rights in your jurisdiction remain unaffected.

13. Changes

We may update these Terms from time to time. The current version is always available at https://capybarasleep.com/docs/terms, with the “Last updated” date shown above. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Contact

Kakhidze Sergei
Last updated: 29 June 2026