Terms of Service - Milky Log

1. Agreement to Terms

By downloading, installing, or using the Milky Log mobile application (“App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Damian Wisniewski (“we,” “us,” or “our”).

2. Description of Service

Milky Log is a mobile application designed to help parents, guardians, and caregivers track infant feeding activities, including:

Breastfeeding timing and duration
Bottle feeding with volume tracking
Feeding history and statistics
PDF report generation (Premium feature)

The App is available for iOS devices and may be downloaded from the Apple App Store.

3. Eligibility

You must be at least 13 years old to use the App. By using the App, you represent that you are at least 13 years old. The App is intended for use by adults (parents, guardians, caregivers) to track infant feeding activities.

4. User Accounts

4.1 No Account Required

The App does not require you to create an account. Your data is stored locally on your device and optionally synchronized via your personal Apple iCloud account.

4.2 Your Responsibilities

You are responsible for:

Maintaining the security of your device and Apple ID
All activities that occur through the App on your device
The accuracy of the information you enter into the App
Backing up your data (via iCloud or other means)

5. Subscription Terms

5.1 Free and Premium Features

The App offers both free and premium features:

Free Features:

Single child profile
7-day feeding history
Daily statistics
Timer and manual logging
Live Activities
Lock screen widgets

Premium Features (Milky Log Pro):

Unlimited child profiles
Complete feeding history (unlimited)
Historical statistics and trends
PDF report export

5.2 Auto-Renewable Subscriptions

Premium features are available through auto-renewable subscriptions:

Weekly Subscription: Billed weekly
Yearly Subscription: Billed annually

5.3 Subscription Terms

Payment is charged to your Apple ID account at confirmation of purchase
Subscription automatically renews unless canceled at least 24 hours before the end of the current period
Your account will be charged for renewal within 24 hours prior to the end of the current period
You can manage and cancel your subscriptions by going to your App Store account settings after purchase
Any unused portion of a free trial period will be forfeited when you purchase a subscription

5.4 Free Trial

We may offer a free trial period for Premium features. When a free trial is offered:

The trial duration and terms will be displayed before you subscribe
You will not be charged during the trial period
If you do not cancel before the trial ends, your subscription will automatically begin, and you will be charged
Free trials are typically available only to new subscribers

5.5 Price Changes

Subscription prices may change from time to time. You will be notified in advance of any price changes, and your consent will be required to continue at the new price.

5.6 Refunds

All purchases are processed by Apple. Refund requests must be submitted directly to Apple through their standard refund process. We do not have the ability to issue refunds directly.

6. User Content

6.1 Your Data

You retain all rights to the data you enter into the App, including child profiles, feeding logs, and settings. We do not claim any ownership of your content.

6.2 Data Backup

We recommend enabling iCloud sync to back up your data. We are not responsible for any data loss resulting from:

Device loss, theft, or damage
App deletion
iCloud sync issues
Operating system updates
Any other circumstances beyond our control

7. Acceptable Use

You agree not to:

Use the App for any illegal purpose
Attempt to reverse engineer, decompile, or disassemble the App
Remove any copyright or proprietary notices from the App
Use the App to store or transmit malicious code
Interfere with or disrupt the App’s functionality
Violate any applicable laws or regulations

8. Intellectual Property

8.1 Our Rights

The App, including its design, features, code, graphics, and content (excluding your data), is owned by us and is protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

8.3 Trademarks

“Milky Log,” the Milky Log logo, and other App trademarks are our property. You may not use our trademarks without our prior written consent.

9. Health and Medical Disclaimer

IMPORTANT: THE APP IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE.

The App is designed as a tracking and logging tool only
Information in the App should not be used as a substitute for professional medical advice, diagnosis, or treatment
Always consult a qualified healthcare provider for medical questions or concerns
The App does not diagnose, treat, cure, or prevent any disease or health condition
Feeding patterns and statistics are for informational purposes only
In case of medical emergency, contact emergency services immediately

You acknowledge that:

We are not healthcare providers
The App is not intended to diagnose or treat any medical condition
Any decisions regarding infant feeding should be made in consultation with healthcare professionals
We disclaim any liability for health-related decisions based on App data

10. Disclaimers

10.1 “As Is” Basis

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Implied warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy or completeness of information

10.2 No Guarantee

We do not guarantee that:

The App will be uninterrupted, secure, or error-free
The App will meet your requirements
Any errors will be corrected
The App will be compatible with all devices or operating systems

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM

These limitations apply regardless of the legal theory (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Damian Wisniewski from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

Your use of the App
Your violation of these Terms
Your violation of any rights of another party

13. Termination

13.1 By You

You may stop using the App at any time by deleting it from your device. Active subscriptions must be canceled through your App Store account settings.

13.2 By Us

We reserve the right to:

Discontinue the App or any features at any time
Terminate or suspend your access to the App for violation of these Terms

13.3 Effect of Termination

Upon termination:

Your license to use the App terminates
You remain responsible for any outstanding subscription payments
Sections 8-12 of these Terms survive termination

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

Posting the updated Terms in the App
Updating the “Last Updated” date

Your continued use of the App after changes are posted constitutes acceptance of the modified Terms.

15. Governing Law and Disputes

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to conflict of law principles.

15.2 Dispute Resolution

Any dispute arising from these Terms or your use of the App shall be:

First, attempted to be resolved through informal negotiation by contacting us
If unresolved after 30 days, submitted to the courts of competent jurisdiction in Poland

15.3 EU Consumers

If you are a consumer resident in the European Union, you may also be entitled to:

Bring claims in your country of residence
Use the European Commission’s Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

We may assign our rights and obligations under these Terms without your consent. You may not assign your rights or obligations without our prior written consent.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

17. Apple-Specific Terms

These Terms are between you and Damian Wisniewski, not Apple Inc. However, you acknowledge that:

Apple has no obligation to furnish any maintenance and support services for the App
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple for a refund (if applicable), and Apple has no other warranty obligation
Apple is not responsible for addressing any claims relating to the App
Apple is a third-party beneficiary of these Terms

18. Contact Us

If you have any questions about these Terms, please contact us:

Email: contact@thehardway.pl

Developer: Damian Wisniewski

By using Milky Log, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.