Terms of Use

Overview

These Terms of Use (“Terms”) govern your use of the Simply Calm app for iPhone (the “App”) and the Simply Calm website at www.simply-calm.com (the “Website”, together the “Services”), provided by Nanotech Computers (Pty) Ltd (“Nanotech Computers”, “we”, “us”). By using the Services you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Services. We may update these Terms from time to time; your continued use after changes means you accept the updated Terms.

Who may use the Services

You may browse the Website freely. To use the App you need a compatible iPhone that meets the requirements shown on the App Store. The Services are intended for a general audience; if you are under the age at which you can consent to data processing where you live, or below the age rating shown on the App Store, you may use them only with the involvement and consent of a parent or guardian and where permitted by law.

Licence to use the App

Simply Calm is free to download, and most of it is free to use with no time limit. Some features are part of an optional paid subscription, described under "Premium subscriptions, billing and trials" below. The App is licensed, not sold, to you. Subject to these Terms and the Apple Media Services and App Store terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to download and use the App on Apple-branded devices that you own or control, for your own personal, non-commercial use. You may not copy, modify, reverse-engineer, distribute, or create derivative works from the Services except as permitted by law.

Acceptable use

You agree to use the Services lawfully and not to:

• break any applicable law or regulation;
• copy, modify, reverse-engineer, or attempt to extract the source code of the App, except where that restriction is prohibited by law;
• interfere with or disrupt the Services, or attempt to gain unauthorised access to them; or
• infringe anyone's intellectual-property or privacy rights.

We may suspend or terminate your access if you breach these Terms.

Premium subscriptions, billing and trials

Most of the App is free, with no time limit and no advertising: the daily check-in and the rescue-breath SOS, all guided breathing patterns, the anger self-check, the psychoeducation library, affirmations, crisis resources, and exporting your own data as JSON. Simply Calm Premium is an optional auto-renewing subscription that unlocks the Coach (including the PDF share packs generated from a coaching session) and Insights.

The Coach requires an iPhone with Apple Intelligence and is not available on iPhones without it. On an iPhone with Apple Intelligence, your first coaching session is free and does not require a subscription.

• Plans and price: Premium is offered on weekly, monthly and annual plans. The price of each plan, its length and the price per period are shown in the App before you buy, in your own currency. Any price quoted on this website is indicative and in US dollars; the App Store is authoritative and bills you in your local currency.
• Free trial: the 7-day free trial applies to the ANNUAL plan only. The weekly and monthly plans have no free trial and begin billing immediately. Where the trial applies, it converts into a paid annual subscription at the end of the trial unless you cancel at least 24 hours before it ends. If you have already used a trial in this subscription group, Apple may not offer it again.
• Payment and renewal: payment is charged to your Apple ID at confirmation of purchase. A subscription renews automatically for the same period and price unless you cancel at least 24 hours before the end of the current period. Apple charges the renewal within 24 hours of the period ending.
• Managing and cancelling: manage or cancel a subscription in your Apple ID account settings (Settings, then your name, then Subscriptions), or at apps.apple.com/account/subscriptions. Cancelling stops the next renewal; you keep Premium until the end of the period you have paid for. Deleting the App does not cancel a subscription.
• Refunds: purchases are made from Apple, and refunds are handled by Apple under the App Store Terms of Service. Request one at reportaproblem.apple.com. We generally cannot grant refunds directly. This does not affect any statutory right of withdrawal or refund you have under the consumer law where you live.
• Restoring: because there is no account, Premium follows your Apple ID. Use Restore Purchases in the App on a new device while signed in to the same Apple ID.
• Changes: we may change the plans or their prices for future periods. Apple notifies you of a price rise and, where required, asks you to consent before it takes effect; if you do not agree, cancel before the next renewal.

The Gottman Method and coach content

The coach draws on the Gottman Method, a published, research-based approach to understanding conflict in relationships. Its guidance, and any content in the Library or Insights, is provided for general information and self-reflection only. It is not tailored medical or psychological advice, it does not replace an assessment by a qualified professional, and we do not guarantee any particular outcome from using it.

Your data and device

What you enter into the App is yours. As explained in our Privacy Policy, it is stored on your device, not on our servers. You are responsible for keeping your device secure and for maintaining your own backups. We are not responsible for data lost because a device is lost, damaged, or reset.

Intellectual property

The Services, including their software, design, logos, and content, are owned by Nanotech Computers or its licensors and are protected by South African and international intellectual-property laws. These Terms do not transfer any of those rights to you.

Third-party services

The App relies on services from Apple (the App Store, iOS, StoreKit, Apple Intelligence and, if you allow it, Apple Health). Purchases are made from Apple, and where subscription management is enabled we use RevenueCat, Inc. to validate the receipt Apple issues and to keep track of whether a subscription is active, as described in our Privacy Policy. Your use of those services is also subject to their own terms and privacy policies. We are not responsible for third-party services, and their availability may affect features such as on-device AI, sleep pre-fill or purchases.

Disclaimers

The Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted or error-free, or that the coach, Insights or any guidance will be accurate or suitable for your situation. Nothing in these Terms excludes any rights you have as a consumer that cannot be excluded under applicable law.

Limitation of liability

To the maximum extent permitted by law, Nanotech Computers and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, arising from your use of or inability to use the Services, including any reliance on the coach, the Gottman Method content, or any other guidance for a medical, mental health, safety or relationship decision. Nothing in these Terms excludes liability that cannot be excluded by law, for example for death or personal injury caused by negligence, or for fraud.

Indemnification

You agree to indemnify and hold harmless Nanotech Computers and its officers, employees, and agents from any claims, losses, and reasonable costs arising out of your misuse of the Services or your breach of these Terms.

Termination

You may stop using the Services and delete the App at any time. We may suspend or end your access if you materially breach these Terms. Sections that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability and governing law, will continue to apply.

Governing law and disputes

These Terms are governed by the laws of South Africa. We will try to resolve any dispute informally first: please contact us. If a dispute is not resolved within 30 days, it will be referred to arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA), held in South Africa in English, except that either party may bring a claim in a competent South African court where permitted by law, and without affecting any mandatory consumer-protection rights you have in your country of residence.

Apple App Store: additional terms

The following terms apply to your use of the App obtained from the Apple App Store and prevail over any conflicting terms above to the extent of the conflict:

• These Terms are between you and Nanotech Computers only, not Apple. Apple is not responsible for the App or its content.
• Your licence to use the App is a non-transferable licence to use it on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the App; we are solely responsible for support.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the price you paid for the App, if any, to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the App, and any other warranty claims are our responsibility.
• We, not Apple, are responsible for addressing any claims relating to the App, including product-liability, legal or regulatory non-compliance, and consumer-protection claims.
• We, not Apple, are responsible for investigating and resolving any third-party claim that the App or your use of it infringes that party's intellectual-property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting", and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Contact

Nanotech Computers (Pty) Ltd (registration 2017/122030/07), South Africa. Questions about these Terms? Contact us at [email protected].

Language

This document is written in English. Translations are provided for convenience only. If there is any dispute about its meaning, or any inaccuracy or ambiguity in a translation, the English version prevails.