These Terms & Conditions ("Terms") form a legally binding agreement between you ("you" or "User") and Hamad Alqadi ("Rockabye," "we," "us," or "our"), governing your access to and use of the Rockabye mobile application, the Rockabye Apple Watch app, any related widgets, and the website at rockabye.app (together, the "Service").
By downloading, installing, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not use the Service.
Rockabye delivers personalized, scheduled affirmation cards, mood check-ins, streak tracking, and an optional guided breathing exercise ("the breathing flow"), across iPhone, iPad, Apple Watch, push notifications, and a home-screen widget. Some features are available free of charge; additional features are available through the optional subscription described in Section 6.
We may add, change, suspend, or remove features of the Service at any time, with or without notice, and we are under no obligation to maintain, support, or continue offering any particular feature.
You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. The Service is not directed at children under 13, and we do not knowingly permit children under 13 to create a profile. See our Privacy Policy for more on children's data.
By using the Service, you represent that you have the legal capacity to enter into this agreement and that your use of the Service does not violate any law applicable to you.
Rockabye is a self-care and wellness product. It is not a medical device, not a substitute for professional medical or mental health advice, diagnosis, or treatment, and not a crisis intervention or suicide-prevention service. The affirmations, mood check-ins, and breathing exercise are intended only as gentle, general wellness content.
If you are experiencing a mental health crisis, having thoughts of suicide or self-harm, or facing a medical emergency, do not rely on the Service. Contact a licensed medical or mental health professional, go to your nearest emergency room, or contact a crisis line or emergency services in your country immediately (for example, 988 in the United States, or 112/999/911 where applicable).
You acknowledge that any reliance on content within the Service is at your own risk, and that we make no representation that the Service is appropriate or effective for any individual's emotional, psychological, or medical needs.
To personalize affirmations, you may provide a name, language, gender, and a spiritual/cultural tradition, and other preferences (collectively, "Profile Data"). You are solely responsible for the accuracy of the Profile Data you provide and for keeping it up to date. You agree not to impersonate any other person or provide Profile Data that is unlawful, defamatory, or violates the rights of a third party.
Where the Service uses on-device or account-linked storage (including any "App Group" shared storage across the app, widget, and Watch app), you are responsible for the security of the device(s) on which the Service is installed.
Certain features are available through "Rockabye+," an auto-renewing subscription, or as a one-time "Lifetime" purchase, each offered in the pricing tiers displayed in the app at the time of purchase. All purchases are processed by Apple through the App Store, and are subject to Apple's Media Services Terms and Conditions in addition to these Terms.
You agree not to: (a) reverse-engineer, decompile, or attempt to extract the source code of the Service, except to the extent such restriction is prohibited by applicable law; (b) use the Service for any unlawful, harmful, or fraudulent purpose; (c) interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or related systems; (d) use any automated means (bots, scrapers) to access the Service other than through publicly supported APIs, if any; (e) circumvent or attempt to circumvent any subscription, paywall, or content-locking mechanism; or (f) use the Service in any way that could disable, overburden, or impair it.
We may investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing content, suspending or terminating accounts, and reporting to law enforcement.
The Service, including its software, design, visual themes, affirmation copy, trademarks (including the "Rockabye" name and logo), and all related intellectual property, is owned by us or our licensors and is protected by copyright, trademark, and other laws. Except for the limited right to use the Service for your personal, non-commercial use, no rights are granted to you by implication or otherwise.
If you submit feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without compensation or attribution to you.
The Service relies on third-party platforms, including Apple's App Store, StoreKit, push notification service, and HealthKit-adjacent system APIs where applicable. Your use of those platform features is also governed by the relevant third party's own terms.
Acknowledgment regarding Apple (required for apps distributed on the App Store):
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the fullest extent permitted by applicable law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, timely, secure, error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components. We do not warrant or make any representation regarding the accuracy, reliability, or usefulness of any affirmation content for any individual's emotional or psychological wellbeing.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you, in which case the disclaimers apply to the maximum extent permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (USD $50).
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you. In those jurisdictions, our liability is limited to the maximum extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless us and our officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any Profile Data or other content you submit to the Service.
You may stop using the Service and delete it from your device at any time. We may suspend or terminate your access to all or part of the Service, at any time, with or without notice and with or without cause, including for any actual or suspected violation of these Terms.
Sections that by their nature should survive termination — including Sections 4, 7–17 — will survive any termination of these Terms.
Governing law. These Terms are governed by the laws of worldwide governments, without regard to its conflict-of-laws principles, except where mandatory consumer-protection law of your country of residence provides otherwise.
Binding arbitration. To the fullest extent permitted by applicable law, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding, individual arbitration administered by any arbitration associations that acceptable to the Rockabye developer under its rules then in effect, rather than in court, except that either party may bring an individual action in small claims court.
Class action waiver. You and we agree that any proceeding to resolve a dispute will be conducted only on an individual basis and not as a class, consolidated, or representative action. If this class-action waiver is found unenforceable, then the entirety of this arbitration section will be null and void, but the remainder of these Terms will remain in effect.
Opt-out. You may opt out of this arbitration agreement by sending written notice to the contact address in Section 17 within 30 days of first accepting these Terms.
Exception for certain consumers. If you are a consumer residing in a jurisdiction (such as the European Union or United Kingdom) where mandatory pre-dispute arbitration of consumer claims is not enforceable, this Section 14 does not deprive you of the protections of mandatory provisions of the law of your country of residence, and disputes will instead be subject to the non-exclusive jurisdiction of the courts of your residence.
Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
Severability. If any provision of these Terms is held unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.
No waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for any failure or delay resulting from conditions beyond our reasonable control.
We may modify these Terms from time to time. If we make material changes, we will provide notice through the app or by updating the "Last updated" date above. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
Questions about these Terms can be sent to [email protected], or to our notice address: Hamad Alqadi.