About these Terms and who can use Nimbo
Nimbo (in the US, Nimbo: Your Child's Diary) is a diary app for parents and caregivers of children with developmental and other differences. It is built and run by one person, an independent developer based in Brazil. In these Terms, “Nimbo,” “we” and “us” mean Jailton Rocha Cardoso, Rua Tomé de Souza, 07, Alto Buenos Ayres, Caetité, BA 46401-534, Brazil, and “you” means the person using the app. These Terms apply to users in the United States; users in Brazil are covered by our Termos de Uso.
To use Nimbo, you must:
- be 18 or older;
- be the parent or legal guardian of the child you record information about, or a caregiver who has their permission.
Our Privacy Policy and Consumer Health Data Privacy Policy explain how information is handled. Contact us at contato@nimbodiary.com. This is also the address for legal notices to us.
Nimbo is not medical care
Nimbo helps you record your child's day, follow goals, organize therapy sessions and appointments, remember medications, read general tips and guides, and build reports for the people who care for your child.
Nimbo is not a health care provider and not a medical device. It has not been reviewed, cleared or approved by the FDA. It does not diagnose, treat, cure or prevent any condition. It does not give individual medical, psychological, therapeutic or educational advice, and it does not recommend, start, stop or change medications or doses.
“Ask Nimbo,” the tips and the guides give general information only. Nimbo is not a doctor, a therapist or a counselor, and it does not provide therapy or mental health care. Using it does not create a doctor-patient or therapist-client relationship. Never ignore professional advice, or delay getting it, because of something you read in Nimbo.
- Emergency: call 911or go to the nearest emergency room.
- Mental health crisis: call or text 988988 Suicide & Crisis Lifeline, 24/7, for you or the person you care for.
- Possible poisoning or medication mistake: 1-800-222-1222Poison Help, 24/7.
- Suspected child abuse: 1-800-422-4453Childhelp National Child Abuse Hotline, 24/7.
- Reminders: medication, appointment and prescription reminders are a help. They can fail if your phone is off, out of battery, has notifications blocked or is in a power-saving mode. Don't rely only on them to give a medication on time.
- Supply and prescriptions: the estimate of when a medication runs out is a calculation based on what you entered. Check the package and the prescription.
- “Hard moment right now”: guided breathing, general comfort steps and the calm kit you built. It is not treatment and not a crisis plan.
- Goals, summaries and the organized day show what you recorded, through your eyes. They are not an assessment of your child's development.
AI features, their limits and crises
Nimbo uses artificial intelligence from other companies in two places:
- “Organize the day”: transcribes your audio (OpenAI) and sorts your entry into sleep, eating, hard moments, wins and other fields (Anthropic). It may also suggest changes to your goals' levels.
- “Ask Nimbo”: answers your questions (OpenAI) using a short summary of your family's records and a general knowledge base. The mascot talks in the first person, but every answer is written by AI, not by a person. Nobody at Nimbo sees your conversations, unless you send us one (for example with “Report this answer”).
Before you use these features for the first time, the app asks for your permission. You can withdraw it anytime in My profile → Use of artificial intelligence.
- AI can be wrong. It can mishear a word, leave something out, put information in the wrong field, give an answer that doesn't fit your child, or sound more certain than it should. That is why the app shows everything on a review screen before saving.
- You decide what stays. Check and correct the organized day and the goal suggestions. Check reports before sending them to anyone.
- Don't use AI output alone to make decisions about health, medications, safety, therapy, school or legal rights. Talk to a qualified professional.
- Report a bad answer. In the chat, “Report this answer” opens an email to us with the text, so we can look into it.
What the AI features include, and their limits
- Organize the day: each entry can have up to 20 recordings and 25 MB of audio in total, plus up to 50,000 characters of typed text. Very long entries may take too long to process; if that happens, split them.
- Ask Nimbo: each message can have up to 2,000 characters. Nimbo reads your latest 16 messages and answers briefly. The app keeps your 100 most recent messages.
- Today there is no daily limit on entries or questions. We may set fair-use limits, or limit, pause or stop AI features if they are misused, if a provider is unavailable, or to keep Nimbo running. If we add or change limits for paid plans, we will tell you before you pay and before your next renewal.
- AI features need the internet and depend on other companies (Supabase, OpenAI and Anthropic). They may be slow or unavailable at times. We may change the AI models or providers. If that changes what is sent or to whom, we will update the Privacy Policy first and ask for your permission again when needed.
How “Ask Nimbo” responds to a crisis
Ask Nimbo is not a crisis service. These rules are built into its instructions:
- if someone may be in immediate danger (for example a serious injury, choking, a seizure or trouble breathing), it is told to send you to 911 right away, before anything else;
- if you mention not being able to go on, hurting yourself or disappearing, it is told to respond without judgment, say that you are not alone and share the 988 Suicide & Crisis Lifeline (call or text 988, or chat at 988lifeline.org), and 911 if there is immediate danger;
- for a possible poisoning or medication mistake, it is told to point you to Poison Help, 1-800-222-1222; for suspected child abuse, to Childhelp, 1-800-422-4453;
- it is told not to diagnose, not to act as a doctor or therapist, and to say it is an AI if you ask.
AI can miss signs or answer imperfectly, and we don't read conversations, so we can't follow up. If you or someone else may be in danger, don't wait for the chat: call 911 or 988. The “Hard moment right now?” screen also has a button to call 911.
What data is sent, and to whom, is explained in the Privacy Policy.
Your records
- What you record is yours. You only give us permission to process it as needed to run the features you use, for example sending an entry to the AI providers to organize your day. We don't claim ownership of your entries or of the AI results you receive.
- Your records stay on your phone. Nimbo has no account or cloud copy. If you uninstall the app, delete your data, switch phones or lose your phone, we cannot recover your records. Use My profile → Backup to keep a copy.
- Other people's information: if you add professionals' names and phone numbers, or mention other people in your entries, use that information only to organize your child's routine.
- Reports you send: whoever receives a report you shared keeps a copy. Send it only to people who care for your child.
- Feedback: if you send us ideas or suggestions, we may use them to improve Nimbo without owing you anything.
Free trial, subscription and auto-renewal
Both plans start with a 7-day free trial. After the trial, the subscription costs:
- Monthly: US$ 6.99 per month;
- Annual: US$ 49.99 per year.
Applicable taxes may be added. The final price, the billing period and the date the trial ends are shown by the App Store or Google Play before you confirm. A subscription includes all of Nimbo's features, with the AI limits in section 3. Trial eligibility follows the store's rules (usually one free trial per store account). If you buy a plan during the trial, the store may end the rest of the trial.
Automatic renewal. When the free trial ends, your paid subscription starts automatically and the store charges you the plan's price, unless you cancel at least 24 hours before the trial ends. After that, it renews automatically every month or every year, at the same price, until you cancel. The store charges your account within the 24 hours before each renewal. To avoid the next charge, cancel at least 24 hours before the renewal date.
How billing works
- You subscribe and pay through the Apple App Store or Google Play, with the payment method on your store account. Nimbo never receives your card details. The store emails you a receipt.
- When the trial starts, the app shows the date it ends, the price after it and how to cancel.
- If notifications are on, the app reminds you on day 5 of the free trial, with the end date and how to cancel. On annual plans, it also reminds you about a month before each renewal.
- If the price changes, we and the store will tell you in advance, at least 7 days before it applies. The new price only applies from a later renewal, and you can cancel before then. Where the store's rules require it, you will be asked to agree to the new price.
How to cancel
- iPhone: Settings → your name → Subscriptions → Nimbo → Cancel Subscription.
- Android: Google Play app → profile picture → Payments & subscriptions → Subscriptions → Nimbo → Cancel subscription.
- In the app: My profile → Manage subscription opens your store's subscription page.
Uninstalling the app or deleting your data does not cancel the subscription. After you cancel, you keep access until the end of the period you already paid for. If you need help cancelling, email contato@nimbodiary.com.
Refunds
Because payment goes through the store, refund requests follow Apple's rules (at reportaproblem.apple.com) or Google Play's rules (in your account's order history). We can't issue refunds for store purchases ourselves, but if you have any billing problem, write to us and we will help. Nothing here limits refund or cancellation rights you have under the law of your state.
Acceptable use
Nimbo is for your personal and family use. You agree not to:
- use the app for anything illegal, or to record information about a child you are not responsible for and have no permission to record;
- let a child use the app or the chat;
- copy, decompile, reverse engineer or modify the app, or access Nimbo's server other than through the app;
- use the AI features in an automated way, in bulk or for anything other than your own diary;
- try to make the AI produce harmful, hateful or illegal content, or get around its safety limits;
- resell, rent or offer Nimbo to others as a service.
If this happens, we may refuse or stop those requests and, where we can, end access to the AI features or to Nimbo, as the law allows.
Children (COPPA)
Nimbo is for parents, legal guardians and caregivers who are 18 or older. It is not directed to children under 13 (or to anyone under 18), and children must not use it, create entries or use the chat.
The parent or caregiver records information about their own child. You are responsible for what you record, and you agree to record only what helps you care for your child. Please use your own voice in recordings and record away from your child.
We do not knowingly collect personal information from children under 13. If we learn that a child under 13 has given us personal information (for example, by emailing us), we will delete it. Write to contato@nimbodiary.com if you believe this happened. See also the Privacy Policy.
Intellectual property
The Nimbo name, the mascot (the lilac cloud), the design, the texts, the tips and guides, and the code of the app and the website belong to the operator of Nimbo. We give you a personal, non-transferable, revocable license to use the app for your family, under these Terms and the store's terms. You may not copy these parts or use them in other products without permission.
Tips and guides may link to public sources run by others. We don't control those sites and aren't responsible for them.
Your entries and records remain yours.
Other companies' services
Some parts of Nimbo depend on other companies, such as Apple, Google, Supabase, OpenAI, Anthropic and RevenueCat, and on the apps you choose to share reports with (text messages, email and other apps). They have their own terms and privacy policies. We are not responsible for how those services work or for what happens to a report after you send it.
Apple and Google
These Terms are the end user license agreement (EULA) for the Nimbo app. If you downloaded Nimbo from the Apple App Store:
- these Terms are between you and us, not Apple. Apple is not responsible for the app or its content;
- your license to use the app is limited to Apple-branded devices you own or control, as the App Store's Usage Rules allow;
- Apple has no obligation to provide maintenance or support for the app;
- if the app fails to meet an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the extent the law allows, Apple has no other warranty obligation for the app;
- we, not Apple, are responsible for handling any claims about the app, including product liability claims, claims that the app does not meet a legal or regulatory requirement, consumer protection claims and claims that the app infringes someone's intellectual property;
- questions, complaints or claims about the app go to us, at the contact in section 1;
- you confirm that you are not in a country subject to a US government embargo and are not on a US government list of prohibited or restricted parties;
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
If you downloaded Nimbo from Google Play, Google Play's terms of service also apply to your download and purchase.
Availability and changes to Nimbo
We work to keep Nimbo running well, but it can have bugs, be unavailable for a while or change. We may improve, replace or remove features. If an important change affects what you subscribed to, we will tell you in advance, in the app or on this website.
If we ever stop offering Nimbo, your records stay on your phone and you can still export a backup.
Disclaimers
To the fullest extent the law allows, Nimbo is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise that Nimbo, the AI results, the tips or the reminders will be accurate, complete, uninterrupted, secure or free of errors.
Some states don't allow certain warranties to be excluded. If you live in one of them, these exclusions apply to you only as far as your state's law allows.
Limitation of liability
Nimbo is a diary, not a health service. Decisions about your child's health, therapy and education should be made with the professionals who care for your child.
To the fullest extent the law allows:
- we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost data, lost profits or decisions made based on content in Nimbo;
- we are not liable for the loss of records caused by uninstalling, switching, losing or damaging your phone, since your data is stored only on it;
- our total liability for all claims about Nimbo is limited to the greater of the amount you paid for Nimbo in the 12 months before the claim, or US$ 50.
These limits do not apply to liability for our fraud, gross negligence or willful misconduct, for death or personal injury caused by our negligence, or to anything else the law doesn't allow us to limit. Some states (for example New Jersey) don't allow some of these limits. If you live in one of them, the limits apply to you only as far as your state's law allows. Nothing in these Terms limits rights you have under consumer protection laws that can't be waived.
Ending your use
You can stop using Nimbo whenever you want:
- cancel the subscription in your store (see section 5);
- if you want, delete your data in My profile → Delete all my data;
- uninstall the app.
We may suspend or end your access to the AI features or to Nimbo if you seriously or repeatedly break these Terms, or if the law requires it. When we can, we will tell you first. Sections that by their nature should continue (such as disclaimers, limitation of liability and disputes) still apply after your use ends.
Disputes, arbitration and governing law
Please read this section carefully. It says that, if we can't solve a problem together, most disputes will be decided by a neutral arbitrator in an individual case, not by a judge or jury, and not in a class action. You can still use small claims court, and you can opt out of arbitration within 30 days.
Let's talk first. Before filing any claim, email contato@nimbodiary.com with your name, how to reach you, a description of the problem and what you would like us to do. If we have a claim against you, we will contact you the same way, if we have your contact details. Both sides will try in good faith to solve it within 60 days after the message is received. Time limits for bringing a claim are paused during those 60 days.
Small claims court. Either of us may take an individual claim to small claims court in the US county where you live, if the claim qualifies.
Individual arbitration. If we can't solve it in 60 days, any other dispute between you and us about Nimbo or these Terms will be decided by binding individual arbitration. The arbitration will be run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and, if 25 or more similar cases are filed, its Mass Arbitration Supplementary Rules. The arbitrator can award you the same individual relief a court could. Hearings can happen by video or phone, or in the county where you live. We will pay all AAA filing, administration and arbitrator fees, except the part of the filing fee that the AAA rules assign to consumers. The Federal Arbitration Act governs this section.
No class actions. You and we may bring claims against each other only individually, not as a plaintiff or class member in any class, collective or representative action. The arbitrator may not combine different people's claims, except as the AAA mass arbitration rules allow for handling cases in groups.
What this section doesn't cover. Either side may still go to small claims court, or ask a court to stop the misuse of intellectual property. You can always report a concern to a government agency, such as the FTC or your state attorney general. If your state's law doesn't let you give up a claim for public injunctive relief (relief that protects the general public), that claim will be decided by a court after the individual arbitration ends.
If part of this section can't be enforced. If the class action waiver can't be enforced for a claim, that claim goes to court, not to class arbitration, and waits until any individual arbitration ends. If another part of this section can't be enforced, the rest still applies.
Your right to opt out. You can opt out of arbitration and the class action waiver within 30 days after you first accept these Terms. Email contato@nimbodiary.com with the subject “Arbitration opt-out” and your name. Opting out doesn't change anything else in these Terms. If we change this section later, you can reject the change by emailing us within 30 days after it is posted; the version you accepted before will keep applying to you.
Governing law and courts. These Terms are governed by the Federal Arbitration Act, other applicable US federal law and the laws of the US state where you live. A claim that is not arbitrated will be decided by a state or federal court in the county where you live, or another court the law allows you to choose. Nothing in these Terms takes away rights you have under consumer protection laws that can't be waived.
Changes and general terms
We may update these Terms, for example when Nimbo gets sign-in or new subscription options. The date of the last update is at the top. If a change is important, we will tell you in advance, in the app or on this website, before it takes effect. If you don't agree, you can cancel your subscription and stop using the app. Changes don't apply to a dispute we already know about.
- These Terms, together with the policies linked here, are the whole agreement between you and us about Nimbo.
- If a part of these Terms can't be enforced, the rest still applies.
- If we don't enforce a right right away, we don't give it up.
- You may not transfer these Terms to someone else. We may transfer them as part of a merger or sale of Nimbo, and your rights under them stay the same.
- The English version of these Terms is the one that applies in the United States.