Terms of Use

0. Who this agreement is with

These terms are between you and Yiğit Samet Ölmez only, and not with Apple. Yiğit Samet Ölmez, not Apple, is solely responsible for the Licensed Application and its content, and for the promises made here.

By installing and starting to use the app, you accept these terms. If you do not accept them, do not use the app and delete it from your device.

1. What Agubu is

Agubu is a parenting assistant that listens to your baby's cry and ranks the possible reasons, and that keeps track of sleep, feeding and diaper changes.

2. What Agubu is NOT

We would rather say this plainly and up front:

• Not a medical device. It does not diagnose, does not prescribe treatment, and never recommends medication or dosage. Agubu is not a medical device within the meaning of EU Regulation 2017/745 (MDR) or the Turkish Medical Device Regulation, it has not been cleared or approved as one by any regulator, and it makes no claim that would require such approval.
• Not a baby monitor. It does not listen in the background and does not raise alarms. It cannot be used to watch over your baby's safety.
• Not a source of certain answers. We know the reason for a cry cannot be reliably determined from its sound, and we verified that with our own measurements. Agubu ranks likelihoods and says so plainly when it isn't sure.

We do not hide the data and methodology behind that last claim: inside the app, Settings → "How does this app decide?" sets out what we trained on, how we measured, and what accuracy we reached. That page will never be placed behind a subscription.

Nothing in this app replaces assessment by a health professional.

3. When to call a doctor

In the following situations, turn to a clinician rather than the app:

• Crying that continues for more than 3 hours
• Fever, vomiting or a rash
• An unusual, high-pitched or weak cry
• Complete refusal to feed
• Your instinct telling you something is wrong

In an emergency, call your local emergency number.

4. Use

Who may use it

Agubu is a tool for parents and is designed for adults. To use the app and to subscribe you must be 18 or older and be the baby's parent or legal guardian. If you are under 18, you may use the app only with the knowledge and permission of your parent or guardian.

Your baby does not use the app — you keep the records.

Scope of licence

The licence granted to you is non-transferable, to use the app on any Apple-branded products that you own or control, for personal, non-commercial purposes, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions. Anyone who gains access through Family Sharing or volume purchasing is subject to the same rules.

You must also comply with any applicable third party terms while using the app, such as the App Store and operating system terms.

What you may not do

Reverse engineering, decompiling, or reusing parts of the app in another product is not permitted — except where Law no. 5846 expressly allows it, for instance the acts required to achieve interoperability.

Soothing suggestions are general information. If your baby has a specific medical condition, your clinician's instructions take precedence.

Doctor's report

On Premium you can export a summary of the last 30 days as a PDF. The report is produced on your device and goes only where you send it — it never passes through us.

The report is not a diagnosis, it is a summary of your records: it does not replace an examination, it only helps you remember what to tell your clinician. You decide who you share it with; what happens after you share it is outside our control.

5. Subscription

This section is a binding summary. The detailed subscription terms live in a separate document: Settings → Subscription terms. If the two conflict, the detail in the subscription document governs.

What the free tier has, what Premium has

The free tier gives you 3 cry analyses per day. Your sleep, nursing, bottle and diaper records are never limited — they stay open for good. The free tier shows 8 sounds and the last 7 days of history; your records are not deleted, and if you move to Premium they are all still there.

On Premium: unlimited analyses, 16 sounds and a mixer that plays up to 4 sounds at once, unlimited history, the 30-day doctor's report PDF, and 3 additional in-depth guide articles.

The "when to call a doctor" sections and the methodology page are open on both tiers; that is safety content and it is not for sale.

Who is selling to whom

You pay the subscription fee to Apple, not to us. For App Store users in Türkiye the seller is Apple Distribution International Ltd. (Cork, Ireland); we are the party that licenses the app to you.

In practice that division means: billing, refunds and payment problems are Apple's job; the app itself is ours.

Term, renewal and charging

Agubu Premium is offered in two periods: monthly and yearly. The current price, inclusive of all taxes, is shown on the App Store purchase screen and on the Premium page inside the app — the price is displayed by Apple, not by us, in the currency of the country you are in. Payment is taken from the payment method linked to your App Store account.

The subscription is of indefinite duration; it continues, renewing for the period length you chose (monthly or yearly), until you cancel. Unless it is cancelled at least 24 hours before the end of the current period, it renews automatically for one more period and the fee is charged to your App Store account within that same window.

If a trial period is offered, its length and conditions are stated on the purchase screen; if you do not cancel before the trial ends, the subscription continues as a paid one.

Cancellation and termination

You can end your subscription at any time, without giving a reason and without paying any penalty. Cancellation happens in your App Store account — on iPhone, Settings → (your name) → Subscriptions → Agubu → Cancel Subscription.

When you cancel, Premium stays open until the end of the period you paid for, and then you return to the free tier — your records are not deleted, only the visible window narrows. Deleting the app does not cancel the subscription.

If for some reason you cannot cancel through the App Store, write to ygtsmt2999@gmail.com; we will act on your request within 7 days at the latest. If a refund is due, the party issuing it is Apple, in its capacity as the seller.

Right of withdrawal

A subscription is a service whose performance begins electronically the moment you buy it. Under Article 15/1-(ğ) of the Turkish Distance Contracts Regulation, the 14-day right of withdrawal is as a rule not available for contracts of this kind — we say so up front so it is not a surprise.

That does not mean you can never get money back: Apple can issue refunds under its own refund policy, and requests go to reportaproblem.apple.com. Your rights under Law no. 6502, including the provisions on defective services, are unaffected by this clause.

Our promise to keep Premium working

For as long as you are subscribed, we undertake to keep the Premium features working. Short interruptions caused by maintenance, store infrastructure or the operating system can happen.

If we permanently remove a Premium feature, we will announce it in advance. If the removed feature was your reason for subscribing, you may terminate without penalty; the refund for the unused part of the period runs through Apple.

6. Liability and warranty

We wrote down what Agubu is not in §2: not a medical device, not a monitor, not a source of certain answers. Our liability is bounded by that same description — we cannot be held responsible for the outcome of a function we never promised.

We do not limit our liability for intent or gross negligence in any way; liability for death or personal injury cannot be limited under any circumstances (Turkish Code of Obligations art. 115). No sentence in this section may be used to say otherwise.

In case of slight negligence, our liability for indirect damages and loss of profit is limited to the amount you paid for the subscription in the preceding 12 months.

Your elective rights under articles 13-16 of Law no. 6502 concerning defective services are reserved.

The app is provided "as is"; no express warranty is given. Even so, in the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility. Your statutory consumer rights are unaffected.

If we cannot provide the service because of causes outside our control — an earthquake, a widespread infrastructure failure, a store outage or a change in the law — we are not responsible for the delay during that period. If the interruption lasts a long time, you may terminate your subscription without penalty.

7. Your data

Your records about your baby — sleep, nursing, bottle, diaper and your analysis results — are kept on your device and do not leave it. The audio recording is never written to disk in the first place.

There are only two exceptions, and neither concerns your records: if you subscribe, an anonymous subscriber id is used to verify the subscription; if you allow notifications, a device token is used so notifications can be delivered. Both are explained one by one in the Privacy Policy.

If you lose your device or delete the app, we cannot restore your data — because we never held it.

8. Intellectual property

The app, its design, its texts, its mascot and its sounds belong to Yiğit Samet Ölmez.

Some components inside the app belong to others and are openly licensed — the AI model used for cry detection (Google's YAMNet) and the typeface in the doctor's report are two of them. You can read the full list and their licence texts inside the app, under Settings → Open source licences.

In the event of a third party claim that the app infringes that party's intellectual property rights, Yiğit Samet Ölmez alone is responsible for the investigation, defence, settlement and discharge of that claim; Apple bears no responsibility for it.

9. Maintenance, support and who claims go to

If something goes wrong, write to us: ygtsmt2999@gmail.com. Maintenance and support for the app are entirely our responsibility; Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app.

If you have a claim relating to the app, it is addressed to us and not to Apple. That includes product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation. Yiğit Samet Ölmez is solely responsible for all such claims.

10. Apple's position

Apple and Apple's subsidiaries are third party beneficiaries of these terms. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.

11. Country, sanctions and U.S. Government end users

By using the app you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's Specially Designated Nationals list and the U.S. Commerce Department's Denied Persons and Entity lists.

The app is licensed to U.S. Government end users only as a commercial item in accordance with 48 C.F.R. §12.212 and §227.7202, with the rights and restrictions set out here; no further rights are granted.

12. Assignment

You may not transfer your right to use the app to anyone else; the subscription is tied to your own App Store account.

We may assign this agreement only if the app is transferred as a whole — for example if we form a company and move the product into it. In that case we will tell you beforehand, your protections will not be reduced, and if you do not accept the assignment you may terminate your subscription without penalty.

13. Termination

These terms are effective until you delete the app or until you breach them. If you breach them, your licence terminates automatically and you must stop using the app.

Termination does not by itself cancel a subscription that is running — you have to cancel it the way §5 describes.

The sections on liability (§6), intellectual property (§8) and governing law (§14) survive termination.

14. Changes and governing law

If these terms change, we will announce it inside the app and update the "last updated" date at the top. We will give you at least 30 days' notice, before it takes effect, of any material change that is to your disadvantage. If you do not accept it, you may terminate your subscription without penalty until that moment; the refund for the prepaid, unused part of the period runs through Apple. Changes are not retroactive — they do not affect rights that arose before they took effect.

There is one limit on the product side and we are writing it down here: we will not put the free tier's 3 analyses per day, unlimited tracking, the eight core sounds or the safety content behind the paywall.

If we one day have to discontinue Agubu, we will announce it at least 30 days in advance inside the app and on the App Store page. After that date no new subscriptions are sold, open subscriptions do not renew, and we will direct you to Apple for the refund of any prepaid, unused period. Throughout the notice period you can export the doctor's report PDF — and because your records are on your device anyway, you do not lose them unless you delete the app.

If any provision of these terms is held invalid, the rest remain in force; the invalid provision is interpreted in the way closest to its purpose and most favourable to the consumer.

These terms are governed by the laws of the Republic of Türkiye. If you live outside Türkiye, the mandatory consumer protections of your country of residence still apply to you.

If something goes wrong, write to us first — most things are settled by email. If that does not settle it, for disputes below the monetary threshold that is set anew each year you may apply to the consumer arbitration committee where you live or where the transaction took place; above that threshold the matter goes to the consumer court, and applying to a mediator before filing suit is a condition of the action. You can file through the Consumer Information System on e-Devlet. This right of yours cannot be restricted in any way.

15. Contact

Yiğit Samet Ölmez (individual developer) Email: ygtsmt2999@gmail.com

Every question, complaint and claim about the app is addressed here. The postal address for service is the address registered to the Apple account on the developer page in the App Store.