Terms of Use

1. About these terms

These Terms of Use ("Terms") apply to the Luna Lunera mobile application (the "App"). The App is provided free of charge by Álvaro Castañeda Condado, Georg-Hermann-Allee 127, 14469 Potsdam, Germany, email lunalunera@studiocampoo.com ("we", "us"), a private individual who publishes apps under the name "Studio Campoo". By downloading or using the App you accept these Terms. If you do not agree with them, please do not use the App.

How we handle personal data is explained in our Privacy Policy. The German version of these Terms (Nutzungsbedingungen) is the original; this is a translation. If the versions differ, the German version applies; any doubt in interpreting these Terms is resolved in your favour.

2. Your licence to use the App

The App is free. There are no in-app purchases, subscriptions or ads. We grant you a personal, non-exclusive, non-transferable and revocable licence to install and use the App on devices you own or control, for your own private, non-commercial use.

You may not:

• copy, sell, rent, sublicense or distribute the App or any part of it;
• extract, re-use or publish the sounds, songs, images or texts included in the App outside the App, for example in another app, video or product;
• use the App, or its sounds, in public, commercial or professional settings (for example as background audio in a shop, nursery business or broadcast) without our written permission;
• modify, decompile or reverse engineer the App, except to the extent the law expressly allows it (in particular Sections 69d and 69e of the German Copyright Act);
• use the App in any unlawful way.

3. App Store and Google Play

If you downloaded the App from Apple's App Store, Apple's Licensed Application End User License Agreement (Standard EULA) also applies to your use of the iOS App, together with these Terms. If the two conflict on a point about your licence to the iOS App, the Standard EULA prevails. Apple is not responsible for the App or its content and has no obligation to provide support for it.

If you downloaded the App from Google Play, the Google Play Terms of Service apply to the download. Google is not responsible for the App or its content.

4. Not medical advice

The App plays soothing sounds and offers general information about infant sleep and developmental leaps. This information is for general guidance only. It is not medical advice and does not replace the advice of a paediatrician, midwife, nurse or other qualified health professional. Every baby is different. If you are worried about your baby's health, sleep, feeding or development, talk to a health professional. In an emergency, call your local emergency number (112 in the EU).

The App is not a medical device and is not intended to diagnose, treat, cure or prevent any condition. It is not a baby monitor, it does not watch over or detect anything about your baby, and it never replaces adult supervision or safe-sleep practices.

5. Using the App safely

• Volume: keep the volume low to moderate. Paediatric guidance, such as that of the American Academy of Pediatrics, recommends placing sound machines well away from the crib and keeping their sound below about 50 decibels, roughly the level of a quiet conversation or a soft shower.
• Placement: keep your phone or speaker out of the crib, cot or bed and out of your baby's reach. Never put the device under a pillow or blanket, and avoid placing it where a charging cable could reach the baby.
• Timer: consider using the sleep timer so sound does not play all night unnecessarily.
• Night lamp: the Ambience screen keeps the display on and adjusts its brightness. Place the device on a stable surface away from the baby. Leaving the screen on uses battery and may warm the device.
• Safe sleep: always follow current safe-sleep recommendations from your health service.

6. Your recordings and imported audio

You can record your own sounds or songs with the microphone and import audio files from your device. This content is yours and remains yours. It is stored only on your device. We never receive it, so we cannot see it, back it up or recover it if it is deleted. If you uninstall the App, it is deleted.

You are responsible for this content. In particular:

• only import audio you own or have permission to use, for example music you have the right to copy for private use;
• do not record other people without their knowledge where the law requires their consent;
• use your content only privately within the App.

We do not claim any rights over your content.

7. Our intellectual property

The App, including its code, design, name, logo, sounds, songs, illustrations, photos and texts, belongs to us or to our licensors and is protected by intellectual property laws. These Terms do not transfer any of those rights to you, except for the limited licence in section 2. Other names and trademarks mentioned in the App belong to their respective owners. We use them for descriptive purposes only, and their use does not imply any affiliation with or endorsement by those owners.

8. Updates and availability

We may improve, change or fix the App over time. Some updates are downloaded automatically when the App starts (see the Privacy Policy). Others are delivered through the App Store or Google Play. We try to keep the App working well but cannot guarantee that it will always be available, will work on every device or will be free of errors. We may stop offering the App. If we do, the copy already on your device may keep working, but it will not receive updates.

9. Warranty

The App is provided free of charge. Your statutory rights remain unaffected. Nothing in these Terms limits or excludes any rights you have as a consumer under mandatory law, including the mandatory consumer protection law of the country where you live.

10. Liability

We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act, and where we have given a guarantee. For damage caused by slight negligence, we are only liable for the breach of an obligation whose fulfilment is essential for the proper use of the App and on whose fulfilment you may regularly rely (an essential contractual obligation), and only up to the damage that is typical and foreseeable for this kind of contract. Otherwise, our liability for slight negligence is excluded. The statutory privileges that apply to things given free of charge remain unaffected.

Please keep in mind in particular that recordings and mixes are stored only on your device: we cannot restore them if they are lost, for example when the device is reset or the App is uninstalled.

11. Ending your use

You can stop using the App at any time by deleting it from your device. That also deletes all the data it stored. If you seriously breach these Terms, for example by redistributing the App's sounds, your licence ends.

12. Changes to these Terms

We may update these Terms, for example when we add features or when the law changes. We will publish the new version on this page with a new "Last updated" date. If a change is significant, we will also announce it in the App or on this Website before it takes effect. If you do not agree with the new Terms, you can stop using the App and delete it.

13. Governing law and disputes

These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country where you habitually reside. Before going to court, please contact us: most problems can be solved with an email.

14. Contact

lunalunera@studiocampoo.com · Álvaro Castañeda Condado, Georg-Hermann-Allee 127, 14469 Potsdam, Germany.