Pivotal Finance S.à r.l.-S · 32 rue Buurg, 5425 Gostingen, Luxembourg · RCS Luxembourg B289140
At a glance
These Terms & Conditions are written in plain English so you can understand what you are agreeing to. Please read them properly. In case of conflict between this at-a-glance summary and the numbered clauses that follow, the numbered clauses prevail.
| Who we are: Pivotal Finance S.à r.l.-S, a Luxembourg company (RCS B289140). We build and operate EveryNest, a family organisation app. What EveryNest does: Helps parents run a household — tasks, calendar, shopping lists, a points feature for the kids, and shared family profiles. Who it's for: Adults aged 18 or older (Parents — one of whom is the Household Owner), Teens (13 and above), and Children (younger, with parental supervision and consent). Available in EEA countries and the United Kingdom. What you pay: A 14-day free trial of the EveryNest subscription at signup, then the subscription price shown in the app and in your app store at the point of purchase. No free tier at Phase 1. EveryNest does not display advertising. First 500 subscribers — OG Nester Status: The first 500 paying subscribers become "OG Nesters" with locked pricing that never rises for the life of that subscription, a sequential OG Nester number, and additional benefits. See section 8. Your data: Yours. Stored in the European Union. Not sold. Not used for advertising. Not used to train artificial intelligence models. What happens if you cancel: Access continues to the end of your paid period. After that, sign-in is disabled but your data is preserved for 12 months so you can resubscribe. If you don't come back within 12 months, we delete your account and its data. Your rights: Cancel at any time via Google Play (only the Household Owner can cancel the subscription for the whole household). Ask for a copy of your data. Ask us to delete your data. Complain about data handling to CNPD (Luxembourg data protection authority), the ICO (UK), or your local data protection authority. Governing law: Luxembourg law. See section 23. Contact: hello@everynest.app |
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About these Terms & Conditions
Who is bound
These Terms & Conditions are a contract between you (an individual using EveryNest) and Pivotal Finance S.à r.l.-S ("we," "us," "our"). By creating an EveryNest account, subscribing to EveryNest, or otherwise using the app, you agree to these Terms & Conditions.
Companion documents
These Terms & Conditions are read together with our Privacy Policy and, where a minor is involved, our Parental Consent Notice. All three are available in the app under Settings → Legal, and at everynest.app.
Changes to these Terms & Conditions
We may change these Terms & Conditions from time to time. Where the change is material, we will give at least 30 days' notice by email and by prompt at next sign-in. Material changes require you to accept the new Terms & Conditions before you can continue to use EveryNest. Historical versions of these Terms & Conditions remain available to you in Settings → Legal for as long as your account exists.
If part of these Terms & Conditions is invalid
If any part of these Terms & Conditions is found by a court or supervisory authority to be invalid or unenforceable, the rest of these Terms & Conditions remain in force. We will replace the invalid part with a valid provision that comes as close as possible to what we originally intended.
Definitions
In these Terms & Conditions:
| Term | Meaning |
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| "EveryNest," "the app," "the service" | The EveryNest family organisation application in all its forms (web, Android via Capacitor, and iOS via Capacitor once launched). |
| "we," "us," "our" | Pivotal Finance S.à r.l.-S, a Luxembourg company. |
| "you" | The individual using EveryNest, in whichever role. |
| "Household" | A single account group in EveryNest containing one or more members and administered by at least one Parent. |
| "Parent" | An adult account holder aged 18 or older who administers a Household — either the Parent who created the Household (the Household Owner, see below) or any other adult (18+) invited by an existing Parent to co-administer the Household. |
| "Household Owner" | The Parent who created the Household, and who is designated as the Household Owner in that Household's account. The Household Owner holds three exclusive controls: cancelling the subscription, transferring the Household Owner role to another Parent in the Household, and deleting the whole Household. Household Owner is not a separate role — it is an attribute of one Parent's account. The Household Owner role may be transferred from one Parent to another Parent within the same Household at any time from Settings. |
| "Teen" | A Household member aged 13 or older with either their own email/password credentials or a paired-device credential. |
| "Child" | A Household member typically aged 7–12 or younger, joined to the Household via a device-pairing code, without email or password. |
| "the EveryNest subscription" or "the subscription" | The paid subscription described in section 7. Phase 1 has a single paid subscription; if EveryNest introduces additional subscription tiers in future, this term will be updated. |
| "OG Nester Status" | The additional attribute a Household has when it is among the first 500 paying subscribers, entitling it to the benefits set out in section 8. |
| "Points" | The closed in-app scoring feature described in section 9. |
| "Google Play" | The Google Play Store operated by Google Ireland Limited (or its successor entity for the European Economic Area). |
| "Apple" and "the App Store" | The Apple App Store operated by Apple Distribution International Ltd. (Ireland). Apple-related provisions become operational once iOS launches (Phase 1.something). |
About us and about EveryNest
The company behind EveryNest
EveryNest is built and operated by Pivotal Finance S.à r.l.-S, a simplified private limited company incorporated under Luxembourg law, registered in the Luxembourg Trade and Companies Register (Registre de Commerce et des Sociétés) under number B289140.
What the app is
EveryNest is an application built for the person who carries the mental load of running a family. It provides:
- Task creation, assignment, and completion tracking within a Household.
- A shared family calendar of appointments and events.
- Shared shopping lists.
- A points-based rewards feature configured by Parents and available to Household members.
- Family member profiles across the four core roles (Household Owner, Parent, Teen, Child).
- Household management for a single household at Phase 1.
What EveryNest is not
EveryNest is not:
- An emergency service. Do not use it to report medical, safety, or other emergencies.
- A financial service or a means of transferring value between users. Points are not money, see section 9.
- A social network. There is no visibility between households, no public posting, no follower relationships.
- Ad-supported. EveryNest does not display advertising.
Where EveryNest is available
EveryNest is offered to users located in the European Economic Area (EEA) and the United Kingdom. Legal documents including these Terms & Conditions are drafted for that geographic scope. If you are not located in the EEA or the UK, EveryNest is not currently offered to you, and you should not create an account.
Because Pivotal Finance is established in Luxembourg but not in the United Kingdom, we have appointed a UK representative under UK GDPR Article 27. Details are set out in our Privacy Policy.
Eligibility and accounts
Adult accounts (Parent, including the Household Owner)
- You must be at least 18 years old to create a Parent account.
- The first Parent to create a Household is designated as the Household Owner for that Household. Additional Parents may be invited by any existing Parent to co-administer the Household; they are also "Parents" for the purposes of these Terms & Conditions.
- The Household Owner alone holds three exclusive controls: cancelling the Household's subscription (see §7.6), transferring the Household Owner role to another Parent in the Household, and deleting the Household (see §17). Every other function in the app — including adding or removing minor members subject to parental consent — is available to any Parent, whether they are the Household Owner or not.
- The Household Owner role may be transferred from one Parent to another Parent within the same Household at any time from Settings. Transferring the Household Owner role does not affect any other rights, memberships, or data within the Household.
- You must provide accurate account information and keep it up to date.
- You must keep your login credentials confidential and not share your account with anyone else.
- You are responsible for anything that happens on your account, including any activity by household members you have added.
Teen accounts
- Teen accounts are for users aged 13 or older.
- A Teen account can only be created after a Parent in the Teen's Household has completed the Parental Consent Notice for that Teen.
- A Teen may use either their own email address and password (created by the Teen themselves after receiving an invite code) or a paired device without email, at the Parent's choice.
- Teens have limited functional access. They may create and complete tasks, shopping list items, and calendar events within their Household. They cannot administer the Household, invite other members, or manage subscriptions.
Child accounts
- Child accounts are intended for children younger than a Teen and do not require email or password credentials.
- A Child account can only be created after a Parent has completed the Parental Consent Notice for that specific Child.
- Children access EveryNest through a paired device. If the device changes, re-pairing is required by the Parent.
- Children have narrow functional access appropriate to their role — they can view tasks assigned to them, re-assign them, mark tasks complete, view their points balance, and view and claim rewards their Parent has set up.
Parental consent for minors
Where a member is a minor (any Teen or Child), the Parent creating that member must complete our Parental Consent Notice for that specific member before the member account is created. Consent covers, among other things, the collection and processing of the minor's personal data by EveryNest and the sharing of appropriate information within the Household. The Parental Consent Notice sits alongside these Terms & Conditions as a companion document; the Privacy Policy explains data processing in more detail.
Legal basis for processing minor data
Where you enter into a subscription contract with us for a Household containing minor members, our lawful basis for processing minor data is Article 6(1)(b) GDPR (performance of a contract) with the minor as third-party beneficiary of the household service. Parental consent under Article 8 GDPR functions as the safeguard for this processing, not as its lawful basis. If you have questions about this, contact hello@everynest.app or your local data protection authority.
One household per Parent at Phase 1
At the current phase of EveryNest, each Parent account is associated with a single Household. Support for multiple linked Households (for example, blended families across two homes, or extended family scenarios) is on the roadmap but not yet available.
Family roles and Parental responsibility
Parental responsibility for minors
A Parent who invites a Teen or adds a Child to their Household takes on ongoing responsibility for:
- Ensuring the Teen or Child has consent (from a person with parental responsibility for them) to use EveryNest.
- Supervising the minor's use of EveryNest in a way that is appropriate to the minor's age.
- Reviewing and, where necessary, adjusting the minor's access, membership, or data at any time.
- Exercising the minor's data protection rights on their behalf where the minor is not able to do so themselves.
Household disputes
EveryNest is designed as a household coordination tool. It is not designed to adjudicate disputes between household members, between separated parents, or between parents and their children. We do not take sides in family disputes and we do not act as arbiters between users of the same Household. Where a dispute affects the safe or appropriate use of EveryNest, we may (but are not required to) suspend or terminate accounts or Households; see section 17.
Removing members
A Parent may remove a member from their Household at any time from in-app Settings. Removing a member deletes the member profile from the Household but does not automatically delete adult accounts (which remain associated with the individual). Where a Parent removes a minor, the Parent may separately request deletion of that minor's data via Settings → Your Data.
Acceptable use
You agree not to use EveryNest to:
- Break the law or facilitate anyone else breaking the law.
- Harm, harass, intimidate, or exploit any other person, especially any minor.
- Upload, store, or share content that is unlawful, abusive, hateful, threatening, or that infringes anyone's rights.
- Attempt to gain access to accounts, data, or systems that are not yours.
- Attempt to reverse-engineer, decompile, disassemble, or otherwise extract the source code of EveryNest, except to the extent applicable law expressly permits.
- Send any automated queries or make any automated interactions with EveryNest, other than through interfaces we officially publish.
- Circumvent any security, access control, or protective feature of EveryNest.
- Use EveryNest as an emergency reporting tool or as a substitute for emergency services.
- Use EveryNest to profile a minor or otherwise process a minor's data in a way that we do not enable through the app.
If you become aware of misuse of EveryNest — by anyone, including someone in your own Household — please contact hello@everynest.app.
Subscription and billing
| Phase 1 is paid-only after a free trial EveryNest at Phase 1 is a paid product following a 14-day free trial. There is no free tier. When your subscription ends — whether because you cancel and the paid period ends, or because your trial expires without you subscribing — you lose access to the app. Your data is preserved for a 12-month retention window (see 7.7) so you can resubscribe and pick up where you left off. A future phase of EveryNest may introduce a free tier of these current features once additional features are available, but that is not part of these Terms & Conditions today. |
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The 14-day free trial
- New EveryNest subscribers receive a 14-day free trial at the start of their subscription.
- During the trial, you have full access to EveryNest for your Household at no charge.
- If you do not cancel before the trial ends, your subscription automatically converts to paid at the price for your chosen plan (monthly or annual), as displayed at the point of purchase.
- You can cancel at any time during the trial via the Google Play Store (or Apple App Store when iOS launches). Cancellation during the trial means the trial simply expires; you are not charged.
The EveryNest subscription
- EveryNest offers a monthly plan and an annual plan. Both plans auto-renew at the end of each billing period unless cancelled first.
- The annual plan offers a saving compared with the monthly plan taken over a full year.
- Current subscription prices are shown in the app and in the relevant app store (Google Play, or Apple once iOS launches) at the point of purchase, in your local currency and inclusive of any VAT collected and remitted by the store as merchant of record.
- You choose the plan (monthly or annual) at the point of subscription. You can change between plans through the Google Play Store or the Apple App Store, in accordance with their Terms & Conditions.
Local pricing
Prices are shown in the app at the point of purchase in your local currency. For non-Euro countries within the European Economic Area and the United Kingdom, we set locally appropriate round prices rather than direct currency conversions of the Euro price. Locally-set prices may differ from foreign-exchange-equivalent values. The exact prices for your country are always shown at the point of purchase.
Automatic renewal
- Both monthly and annual subscriptions auto-renew at the end of each billing period.
- You will be charged at the beginning of each new billing period unless you cancel first.
- Google Play (and, once iOS launches, Apple) will normally notify you before annual renewals. Whether and when this notification is sent is subject to Google's and Apple's own policies, not ours.
Price changes
- We may change the price of new subscriptions or of renewals from time to time.
- Existing subscribers will receive at least 30 days' notice by email of any price increase affecting their renewal.
- If you do not accept a price increase, you may cancel before the increase takes effect and access will continue to the end of your current paid period.
- Subscribers who joined during the OG Nester period (see section 8) are not subject to renewal price increases; their locked price applies for the lifetime of the subscription for which they hold OG Nester Status.
Cancellation
- Only the Household Owner can cancel the Household's subscription. Other Parents in the Household are able to see the subscription status but cannot cancel on behalf of the Household.
- The Household Owner can cancel at any time via Google Play (or Apple App Store, once iOS launches). We provide a "Manage subscription" deep-link to Google Play from Settings → Subscription for the Household Owner's convenience.
- Cancellation stops your subscription from auto-renewing. The Household keeps access until the end of the current paid period.
- If the Household Owner cancels during a free trial, the trial simply expires at the end of its 14 days without conversion to paid.
If you cancel: what happens next
When your subscription ends — whether at the end of a cancelled paid period or at the end of an unconverted free trial — the following applies:
- You can no longer sign in to EveryNest. Sign-in attempts show a resubscription prompt.
- All members of your Household (Household Owner, other Parents, Teens, Children) lose access at the same time. There is no per-member subscription; the Household is the unit.
- Your account and Household data are preserved for 12 months from your last active session in EveryNest, so you can resubscribe and pick up where you left off without losing your history.
- If you do not resubscribe within the 12-month retention window, your account and all Household data are scheduled for deletion and are removed through our regular data-lifecycle review, subject only to records we are legally required to keep (see the Privacy Policy retention schedule for detail).
Emails we send:
- When your subscription ends: we send you a confirmation email letting you know your access has ended and that your data is preserved for 12 months.
- After deletion: we send you a purge-notification email confirming that your account and Household data have been deleted.
We do not send scheduled reminder emails during the 12-month retention window. If you would like to resubscribe or exercise a data protection right, please act at a time that works for you; we respond promptly.
Your data protection rights during the retention window: because you cannot sign in during the retention window, please email hello@everynest.app to exercise any of your data protection rights (see the Privacy Policy for a full description). We respond within one month as required by GDPR.
| The retention rule applies equally to all household members The Household is the unit of retention. Household Owner, other Parent, Teen, and Child data are all preserved on the same clock and deleted at the same time. Where a Household includes minor members, our lawful basis for processing during the retention window continues to be Article 6(1)(b) GDPR with parental consent as the Article 8 safeguard, exactly as during the active subscription. |
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Suspension of billing on missed payments
- If a scheduled payment fails, Google Play (or Apple, once iOS launches) will typically enter a grace period during which we continue to give you access while retrying payment. Length of the grace period is set by Google or Apple.
- If payment is not recovered during the grace period, your subscription enters "on hold." Access is suspended while on hold. Google's or Apple's Terms & Conditions determine the length of the on-hold state.
- If payment is not recovered by the end of the on-hold period, the subscription ends and section 7.7 applies.
OG Nester Status
Who has OG Nester Status
The first 500 paying EveryNest subscribers hold OG Nester Status for their Household. OG Nester Status takes effect at the moment your first paid subscription begins. If you start with a 14-day free trial, OG Nester Status takes effect at the moment the trial converts to paid; if you subscribe directly to a paid plan without a trial, OG Nester Status takes effect at the moment of subscription.
Trial-only subscribers
Subscribers who start a free trial but never convert to paid do not occupy an OG Nester slot. If a trial ends without conversion, any OG Nester slot temporarily associated with the subscription is released back to the pool for the next eligible subscriber.
OG Nester Status benefits
OG Nester Status entitles the subscriber's Household to the following, in addition to the standard subscription benefits described elsewhere:
- Locked subscription price for the current subscription. The renewal price of your EveryNest subscription — as that subscription is defined at the time you first paid — will not exceed the price paid at the start of your subscription while you hold OG Nester Status. If we increase subscription pricing for new subscribers in the future, subscribers holding OG Nester Status continue to pay their original price for the lifetime of that subscription. The price lock covers the base EveryNest subscription. It does not cover:
- Optional add-ons, upgrades, or usage-based features that we may introduce in future (for example, features that consume metered resources such as external service calls or AI-generated content). Where such features are offered, they will be separately priced and separately opted into.
- New subscription tiers we may introduce that sit above the current subscription. Households holding OG Nester Status may choose to move to a new tier at its then-applicable price, while their locked base-subscription price remains available to them for the current tier.
- A reserved OG Nester number. Each Household holding OG Nester Status receives a sequential OG Nester number in the range 1 to 500, assigned at the start of the first paid subscription. This number is permanently held by that Household.
- Optional listing on the public OG Nester page. The Household Owner may opt in to have their first name listed on a public OG Nesters page on the EveryNest website. This is off by default; explicit opt-in in Settings → Subscription is required. Only the Household Owner's first name is published (nothing else); the first names of other Parents, Teens, or Children in the Household are never published under this feature. See the Privacy Policy for full detail on how this opt-in works and how it can be withdrawn.
If your OG Nester subscription is cancelled or lapses: the Household retains its OG Nester number and historical OG Nester Status record, but any future subscription will be charged at the EveryNest subscription price applicable at the time of resubscription.
The 500 cap is permanent
Once 500 OG Nester slots are occupied, no further OG Nester slots become available, even if an existing OG Nester cancels. The cap is permanent.
OG Nester Status is not transferable
OG Nester Status belongs to the Household record and is not separately transferable to another Household or to another individual. Note however that within a Household, transferring the Household Owner role to another Parent (see §4.1) does not affect the Household's OG Nester Status — the Status remains with the Household.
Refund handling for OG Nester Households
Refund requests are governed by Google Play or Apple refund policy, not by these Terms & Conditions (see section 10). Where a full refund of a paid period is issued through the store, the OG Nester slot is released back to the pool.
Precedence
The provisions of this section 8 take precedence over the general subscription provisions in section 7 to the extent of any conflict specifically affecting Households holding OG Nester Status.
The points feature
What points are
EveryNest includes a closed in-app scoring feature we call "points." Points are awarded to Household members when Parents mark tasks as complete or otherwise assign point values within the app. Parents configure the rewards catalogue within their Household — for example, "30 minutes of screen time" or "a family cinema trip" — and can redeem rewards by deducting from a member's points balance.
What points are not
- Points have no monetary value.
- Points are not money, are not a currency, and are not a financial product.
- Points cannot be exchanged for cash or for anything outside the app.
- Points cannot be transferred between Households, sold, gifted, or otherwise assigned.
- Points can only be redeemed for rewards that the Parents within your Household configure inside the app.
- We do not maintain any conversion rate between points and any real-world value.
We may change the points feature
We may change or discontinue the points feature at any time on reasonable notice. Because points have no monetary value, changes to or discontinuation of the points feature do not entitle any user to a refund or to compensation.
Refunds and consumer withdrawal rights
Refund policy
Refund requests for EveryNest subscriptions purchased through Google Play or the Apple App Store are governed by Google's or Apple's refund policies. We do not separately issue refunds for these subscriptions.
If you believe you are entitled to a refund from Google or Apple, please contact them directly. We are willing to assist with reasonable clarifications of the facts on request.
EU/UK consumer right of withdrawal
Under Article 9 of Directive 2011/83/EU on consumer rights (and equivalent UK legislation), consumers in the EEA and UK have a general right to withdraw from a distance contract within 14 days of its formation, without giving reasons.
However, under Article 16(m) of that Directive, this right does not apply to "the supply of digital content which is not supplied on a tangible medium, if performance has begun with the consumer's prior express consent and their acknowledgement that they thereby lose their right of withdrawal." Apple's and Google's subscription confirmation flows typically request this express consent and acknowledgement at the point of purchase; if you complete the subscription with that acknowledgement, your right of withdrawal is waived from the moment performance begins.
Nothing in these Terms & Conditions restricts your right of withdrawal where the Article 16(m) waiver has not been given.
Your content and your data
Ownership
The content you enter into EveryNest — your tasks, calendar entries, shopping items, family member names, rewards, and other data you provide — belongs to you. We do not claim ownership.
What we do with your content
We process your content only to provide EveryNest to you and your Household, to keep it working reliably, to communicate with you about your account, and to comply with our legal obligations. Our detailed data processing practices are set out in the Privacy Policy.
What we do not do with your content
- We do not sell your content or your personal data to any third party.
- We do not use your content or personal data to serve you or anyone else advertising.
- We do not use your content or personal data to train artificial intelligence or machine-learning models.
- We do not profile minors.
Your data protection rights
You have rights under the GDPR (and equivalent UK legislation) to:
- Access the personal data we hold about you (Article 15 GDPR).
- Correct inaccurate data (Article 16).
- Request deletion (Article 17). Household-level deletion — which removes data for all Household members — is a separate action available only to the Household Owner (see §17.3 and the Privacy Policy).
- Receive your data in a machine-readable format (Article 20).
- Object to certain processing (Article 21).
- Complain to a supervisory authority (Article 77) — for example, the CNPD in Luxembourg, the ICO in the UK, or the DPC in Ireland.
You can exercise most of these rights directly from Settings. Your own account data controls are under Your Data. Data controls for minor Household Members you manage are under Family Members, on that member's row. Parents can exercise rights on behalf of minors in their Household. During the 12-month post-subscription retention window (see §7.7), you cannot sign in to EveryNest; please email hello@everynest.app to exercise any rights during that period. For anything you cannot do in-app, or for questions, contact hello@everynest.app. Our supervisory authority is the Commission nationale pour la protection des données (CNPD) in Luxembourg; you may also contact the ICO in the UK or your local data protection authority.
EveryNest's content and intellectual property
What is ours
EveryNest — including the app, its user interface, its designs, its wordmark and logo, the Wren mascot, and any accompanying materials — is protected by copyright, trade mark, and other intellectual property rights owned by us or our licensors. Nothing in these Terms & Conditions transfers any of those rights to you.
Your limited licence
Subject to these Terms & Conditions, we grant you a personal, non-exclusive, non-transferable, revocable licence to install, access, and use EveryNest for your Household on devices you control, during the period your subscription is active or, where applicable, during your free trial or 12-month data retention window.
Reservation of rights
All rights not expressly granted to you in these Terms & Conditions are reserved by us and our licensors.
Third-party services
Sub-processors and infrastructure providers
EveryNest is delivered using a number of third-party services acting on our instructions as processors (or as merchants of record). Current providers include Vercel (application hosting), Supabase (database and authentication, EU region), OpenXchange via smtp.openxchange.eu (transactional email, Germany), Sentry (error monitoring, EU Frankfurt region), Google Play (Google Ireland Limited) as merchant of record for subscription purchases on Android and Google Cloud Pub/Sub (real-time subscription notifications), and, once iOS launches in Phase 1.something, Apple (Apple Distribution International Ltd., Ireland) as merchant of record for iOS purchases. The full list, including their roles, is described in the Privacy Policy and updated when it changes.
Store platform Terms & Conditions
When you install EveryNest via Google Play, or buy a subscription through Google Play, Google's Terms & Conditions and policies also apply to that transaction (see section 20). When you install EveryNest via the Apple App Store, or buy a subscription through Apple, Apple's Terms & Conditions and policies also apply (see section 21). Where those Terms & Conditions conflict with these Terms & Conditions in a way that affects the store's own transaction with you, the store's Terms & Conditions take precedence in respect of that transaction.
Warranties and disclaimers
We take reasonable care
We take reasonable care to make EveryNest work correctly, to keep it available, and to keep your data secure. In particular, we host in the EU, we monitor errors, we test the app before releases, and we operate the parental consent framework described in the Parental Consent Notice.
What we cannot promise
We cannot guarantee that EveryNest will be available at all times, uninterrupted, error-free, secure against all threats, compatible with every device, or fit for any specific purpose beyond ordinary use as a family organisation app.
Consumer rights
Nothing in this section 14 excludes or limits any warranty or right you have under Luxembourg consumer law (or, if applicable, another EEA member state's consumer law, or UK consumer law) that cannot be excluded or limited by contract.
Liability
What we are responsible for
If we breach these Terms & Conditions or otherwise cause you loss through our negligence, we are responsible to you for loss you suffer that is a reasonably foreseeable consequence of our breach or negligence.
What we are not responsible for
Except where liability cannot be excluded by law, we are not responsible for:
- Indirect, consequential, or purely economic loss.
- Loss of profits, loss of business, or loss of opportunity.
- Loss caused by circumstances outside our reasonable control (including but not limited to failures of third-party infrastructure providers, Google or Apple platform outages, internet failures, or force majeure events).
- Loss caused by your own breach of these Terms & Conditions or your failure to keep your login credentials secure.
Overall limit
Our total liability to you in connection with EveryNest — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — is limited to the greater of (a) the amount you have actually paid us for EveryNest in the 12 months before the event giving rise to the liability, and (b) EUR 500.
What we do not limit
Nothing in these Terms & Conditions limits or excludes our liability for:
- Death or personal injury caused by our negligence.
- Fraud or fraudulent misrepresentation.
- Any other liability that cannot be limited or excluded under Luxembourg law (or applicable local law where mandatory).
Indemnity
You will compensate us for third-party claims, demands, or losses (including reasonable legal fees) that arise directly from your:
- Deliberate misconduct in your use of EveryNest;
- Fraud in your use of EveryNest; or
- Material breach of these Terms & Conditions.
This indemnity does not cover incidental mistakes, ordinary use of EveryNest, or claims arising from our own actions or breaches. Our liability to you under section 15 is not affected by this indemnity.
Suspension and termination by us
When we may suspend or terminate
We may suspend your access to EveryNest, or terminate your account, if:
- You breach these Terms & Conditions materially, and either the breach cannot be cured or you fail to cure it within 14 days of our notice.
- You use EveryNest in a way we reasonably believe is unlawful, harmful to other users (particularly minors), or damaging to EveryNest or its systems.
- Your subscription ends and the 12-month retention window has elapsed without resubscription.
- We are required to do so by a competent court, regulatory authority, or applicable law.
What happens on termination
Termination ends your right to use EveryNest. If we terminate for a reason that is not your fault, we will provide a pro rata refund for any paid period not yet used (which, in practice, will come via the Apple or Google store where you purchased). Termination does not affect any rights or obligations that by their nature survive termination (including intellectual property rights, liability provisions, and dispute-resolution provisions).
Your ability to terminate
You may terminate your use of EveryNest at any time by cancelling your subscription (section 7.6 — Household Owner only) and requesting deletion of your account through Settings → Your Data (see also the Privacy Policy). Deletion of an entire Household — which removes data for all members, including any other Parents, Teens, and Children in the Household — is a separate action available only to the Household Owner. Any Parent (Household Owner or otherwise) may separately delete their own individual account without deleting the Household. Deletion follows the timelines described in section 7.7 and the Privacy Policy.
Notices
Notices to you
We will give you notices related to your account and to these Terms & Conditions by email (to the address on your account), by in-app prompt at sign-in, or both. It is your responsibility to keep your account email current and to ensure our emails are not blocked.
Notices to us
You may send us notices about these Terms & Conditions or your account by email to hello@everynest.app, or by post to Pivotal Finance S.à r.l.-S, 32 rue Buurg, 5425 Gostingen, Luxembourg. For data protection matters specifically, please write to hello@everynest.app with "Data Protection" in the subject line.
Assignment
We may assign
We may assign our rights and obligations under these Terms & Conditions in whole or part (for example, on a corporate reorganisation, or on a sale of the EveryNest business), provided that any assignee is capable of performing the assigned obligations. Where the assignment materially affects your rights under these Terms & Conditions, we will give you at least 30 days' notice by email.
You may not assign
You may not assign your rights or obligations under these Terms & Conditions to any third party without our prior written consent.
Google Play (Android) — platform-specific Terms & Conditions
Where you purchase or use EveryNest via the Google Play Store, the following also applies:
- Your purchase of an EveryNest subscription via Google Play is a purchase from Google Ireland Limited (or Google's local entity for your country) as merchant of record. Google's Terms of Service and Google Play Terms of Service apply to that transaction in addition to these Terms & Conditions.
- Google collects and remits VAT on your subscription on our behalf.
- Refund requests for Google Play purchases are handled by Google under Google's refund policy. Please see Google Play Help for the current process.
- Cancellation of a Google Play subscription is handled by Google. You (as Household Owner) can cancel from Google Play Settings, or via the "Manage subscription" deep-link we provide in Settings → Subscription in the app.
- Where Google's Terms of Service conflict with these Terms & Conditions in respect of the transaction between you and Google, Google's Terms of Service apply to that transaction.
Apple App Store (iOS) — platform-specific Terms & Conditions
When EveryNest becomes available via the Apple App Store (Phase 1.something), the following will also apply to iOS purchases:
- These Terms & Conditions are a contract between you and Pivotal Finance S.à r.l.-S, not between you and Apple. Apple is not responsible for EveryNest or for its content.
- Your purchase of an EveryNest subscription via the Apple App Store is a purchase from Apple Distribution International Ltd. (Ireland) as merchant of record for the transaction, subject to Apple's Media Services Terms and Conditions in addition to these Terms & Conditions.
- Apple collects and remits VAT on your subscription on our behalf.
- Apple is a third-party beneficiary of these Terms & Conditions and has the right to enforce them against you as such.
- Refund requests for Apple App Store purchases are handled by Apple under Apple's refund policy. Please see Apple's support pages for the current process.
- Apple is not obligated to provide any maintenance or support services for EveryNest.
- If EveryNest fails to conform to any applicable warranty, you may notify Apple; upon your notification, Apple will refund the purchase price paid, if any, subject to Apple's Terms & Conditions. To the maximum extent permitted by law, Apple has no other warranty obligation.
- If a third party claims that EveryNest infringes their intellectual property rights, Pivotal Finance (not Apple) will be responsible for the investigation, defence, settlement, and discharge of the claim.
- Where Apple's Terms & Conditions conflict with these Terms & Conditions in respect of the transaction between you and Apple, Apple's Terms & Conditions apply to that transaction.
Changes and continuing use
Non-material changes
We may make non-material changes to these Terms & Conditions from time to time — for example, small clarifications, updates to contact information, or corrections to typographical errors. Non-material changes take effect when they are posted; a small update note in-app or by email will identify them.
Material changes
For material changes (including changes to pricing structure, to core subscription benefits, to the OG Nester Status scheme, to data retention rules, or to our liability limits) we will:
- Give you at least 30 days' notice by email.
- Require your acceptance of the new Terms & Conditions before you can continue to use EveryNest.
- If you do not accept the new Terms & Conditions, you may cancel your subscription (Household Owner) or delete your individual account (any Parent). Access will continue to the end of your current paid period; sections 7.7 and 17 then apply.
Governing law and disputes
Governing law
These Terms & Conditions are governed by Luxembourg law, without prejudice to any mandatory provisions of the law of the country in which you are habitually resident that give you additional protection as a consumer.
Jurisdiction
Subject to your mandatory rights as a consumer under EU or UK law, the courts of Luxembourg have exclusive jurisdiction over any dispute arising out of or in connection with these Terms & Conditions.
Consumer online dispute resolution
If you are a consumer resident in the EEA, you have the right to use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr for out-of-court settlement of disputes. We do not currently commit to using an alternative dispute resolution scheme, but we will always try to resolve disputes directly and in good faith. If you are a consumer resident in the UK, you may have equivalent rights under UK law and may seek assistance from the Citizens Advice consumer service.
Contact
General contact and support: hello@everynest.app
Post: Pivotal Finance S.à r.l.-S, 32 rue Buurg, 5425 Gostingen, Luxembourg
Company registration: RCS Luxembourg B289140
Data protection questions: hello@everynest.app (please put "Data Protection" in the subject line)
Supervisory authority (data protection): Commission nationale pour la protection des données (CNPD), Luxembourg. UK users may also contact the Information Commissioner's Office (ICO).