Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of the Nokuhiro mobile application ("the App," "we," "us," or "our"). Nokuhiro is a gamified habit-building application designed for families with children ages 3 through 12, operated under parental supervision. By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the App.

If you are a parent or legal guardian using the App on behalf of a child under 13 (or under 16 in jurisdictions where applicable), you accept these Terms on their behalf and assume full responsibility for their use of the App. These Terms constitute a legally binding agreement between you and the developers of Nokuhiro.

1. Eligibility and Account Responsibility

The App is intended for use by parents and legal guardians who are at least 18 years of age. Children may use the App only under the direct supervision and authorization of a parent or legal guardian. The parent or legal guardian is responsible for all activity that occurs under their family's use of the App, including the creation and management of child profiles.

By using the App, you represent and warrant that you are at least 18 years of age, that you have the legal capacity to enter into these Terms, and that, if setting up child profiles, you are the parent or legal guardian of the children for whom profiles are created. You are responsible for maintaining the security of your device and any access credentials associated with your account if cloud synchronization is enabled.

2. Children's Privacy and COPPA Compliance

The App is designed with children's safety and privacy as foundational principles. We comply with the Children's Online Privacy Protection Act (COPPA), the EU General Data Protection Regulation as it applies to children (GDPR-K), and the Swiss Federal Act on Data Protection (nFADP/DSG).

We do not knowingly collect personal information from children under 13 without verifiable parental consent. The App requires a parent or legal guardian to set up and manage all child profiles. Children cannot create accounts, modify privacy settings, or access parental controls independently. Before any child profile is created, the App presents a dedicated parental consent screen requiring explicit acknowledgment.

All child data is stored locally on the device by default. Cloud synchronization is entirely optional and requires explicit parental action to enable. For complete details on our data practices, please refer to our Privacy Policy, which is incorporated into these Terms by reference.

3. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non- transferable, revocable license to download, install, and use the App on a device that you own or control, solely for your personal, non-commercial, family use. This license is granted for the purpose of enabling your family to use the App's habit-building and gamification features as intended.

This license does not include the right to modify, distribute, sublicense, sell, lease, rent, loan, or create derivative works from the App or any of its content. The license is automatically revoked if you violate any provision of these Terms.

4. Subscription and Payment Terms

4.1 Pricing

The App is offered as a one-time purchase at the price listed on the Apple App Store and Google Play Store at the time of download. The current recommended retail price is CHF 5.00 (or the equivalent in your local currency as determined by the respective app store).

4.2 Payment Processing

All payments are processed exclusively through the Apple App Store or Google Play Store. We do not directly collect, process, or store any payment information, credit card numbers, or financial data. All payment-related inquiries, refund requests, and billing disputes should be directed to the respective app store through which you made your purchase.

4.3 Refund Policy

Refund eligibility is governed by the policies of the Apple App Store or Google Play Store, as applicable. We do not process refunds directly. If you believe you are entitled to a refund, please contact Apple or Google through their standard refund request processes.

4.4 No Recurring Charges

Nokuhiro is a one-time purchase with no subscriptions, in-app purchases, recurring fees, or hidden charges. All features are fully unlocked upon purchase. There are no premium tiers, paywalls, or microtransactions within the App.

5. Intellectual Property Rights

5.1 Ownership

All content, features, and functionality of the App — including but not limited to the software code, algorithms, gamification systems, user interface designs, character designs (including all companion characters and their visual representations), illustrations, animations, audio files, sound effects, voice recordings, text content, data structures, behavioral reinforcement systems, and the overall look and feel — are the exclusive property of the App's developers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Character and Creative Works

The companion characters (including but not limited to Roary, Hootie, Bamboo, Hoppy, Foxy, Sparkle, Bruno, Cheeky, Leo, Ellie, and Milky), their names, personalities, visual designs, animations, and associated audio content are original creative works protected by copyright. The behavioral reinforcement algorithms, habit progression systems, quest mechanics, and reward structures constitute proprietary trade secrets.

5.3 Trademarks

"Nokuhiro," the Nokuhiro logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the App's developers. You must not use such marks without our prior written permission.

6. Prohibited Activities

You agree not to engage in any of the following activities:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App or any part thereof
• Copy, reproduce, distribute, publish, or create derivative works based on the App's content, characters, designs, or any intellectual property
• Use any automated means (including bots, scrapers, crawlers, or data mining tools) to access, extract, or collect content from the App
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the App
• Modify, adapt, translate, or create derivative works based on the App or its content
• Sublicense, lease, rent, loan, sell, or transfer the App or any rights therein to any third party
• Use the App's character designs, illustrations, animations, or audio assets in any other product, service, publication, or medium without express written permission
• Attempt to circumvent any security measures, encryption, obfuscation, or access controls implemented in the App
• Extract, download, cache, or redistribute any media assets hosted on the App's content delivery network for use outside the App
• Use the App in any manner that could damage, disable, overburden, or impair the App's infrastructure or interfere with any other party's use of the App
• Use the App for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity

7. User-Generated Content

7.1 Ownership

When you create child profiles, custom habit names, reward descriptions, or other personalized content within the App ("User Content"), you retain full ownership of that content.

7.2 Limited License

By creating User Content within the App, you grant us a limited, non-exclusive, royalty-free license to store, process, and display this content solely for the purpose of providing the App's services to you and your family. This license exists only for the duration of your use of the App and terminates when you delete the content or uninstall the App.

7.3 Responsibility

You are solely responsible for all User Content you create within the App. You represent and warrant that your User Content does not violate any third party's intellectual property rights or any applicable law.

8. Optional Camera and Photo Library Access

The App provides an optional feature allowing parents to use the device camera or photo library to add a custom photo to a child's reward. This feature requires explicit permission through the device's standard permission prompt. Any photos selected or captured are stored exclusively on the device and are never uploaded, transmitted, or shared with us or any third party. Camera and photo library permissions can be revoked at any time through the device's system settings.

9. Content Delivery and Static Media

The App downloads static media assets (companion animations, introductory videos, and splash screen images) from a content delivery network (CDN) to display within the App. These are one-directional downloads of pre-made files. No user data, device identifiers, or personal information is sent in these requests. The CDN provider does not receive any information that could identify you or your child.

10. Notifications

The App uses local notifications only to provide daily habit reminders, motivational messages, and companion greetings. These notifications are generated and scheduled entirely on your device. No notification data is sent to or processed by our servers. You may disable notifications at any time through your device's settings or within the App's settings.

11. Multilingual Support

The App is available in five languages: English, German, Spanish (Castilian), French, and Italian. All text, audio, and interface elements are localized for each supported language. The App detects your device's language setting and defaults to the appropriate language. If your device language is not among the supported languages, the App defaults to English. You may change the language at any time within the App's settings.

12. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

The behavioral science principles, gamification mechanics, and motivational strategies incorporated in the App are designed for educational and motivational purposes and do not constitute professional psychological, medical, therapeutic, or educational advice. The App is not a substitute for professional guidance from qualified healthcare providers, psychologists, educators, or child development specialists. If you have concerns about your child's behavior, development, or well-being, please consult a qualified professional.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE APP'S DEVELOPERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, RESULTING FROM:

• Your access to or use of (or inability to access or use) the App
• Any conduct or content of any third party related to the App
• Any content obtained from the App
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE APP EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless the App's developers, officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from your use of the App, your violation of these Terms, or your violation of any rights of a third party.

15. Termination

15.1 By You

You may terminate your use of the App at any time by uninstalling it from your device. Upon uninstallation, all locally stored data is permanently deleted. If cloud synchronization is enabled, you should disable it and request account deletion before uninstalling to ensure server-side data is also removed.

15.2 By Us

We reserve the right to terminate or suspend your access to the App at any time, without prior notice, for conduct that we believe violates these Terms, is harmful to other users or third parties, or for any other reason at our sole discretion. Upon termination, your license to use the App will immediately cease, and you must delete all copies of the App from your devices.

15.3 Survival

The following sections survive termination of these Terms: Intellectual Property Rights (Section 5), Disclaimer of Warranties (Section 12), Limitation of Liability (Section 13), Indemnification (Section 14), and Governing Law (Section 16).

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

16.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the App shall first be attempted to be resolved through good-faith negotiation between the parties for a period of at least thirty (30) calendar days. If negotiation fails to resolve the dispute, it shall be submitted to the competent courts of Zurich, Switzerland.

16.3 Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions.

18. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by us in connection with the App, constitute the entire agreement between you and us regarding your use of the App. These Terms supersede any prior agreements, communications, or understandings between you and us regarding the subject matter hereof.

19. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of these Terms and, where appropriate, provide additional notice within the App. For material changes that affect how child data is handled, we will seek renewed parental consent where required by applicable law.

Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App and uninstall it from your device.

21. Contact Us

If you have questions about these Terms of Service, wish to report a violation, or need assistance, please contact us:

We aim to respond to all inquiries within 30 calendar days.

22. Summary

References

1. Children's Online Privacy Protection Rule (COPPA) — Federal Trade Commission
2. General Data Protection Regulation (GDPR) — Rights of the Data Subject
3. Swiss Federal Act on Data Protection (nFADP/DSG) — Fedlex