Welcome to SoundsNomad (the "App", "we", "us", or "our"), a sleep and relaxation audio application for iOS. These Terms of Service (the "Terms") govern your access to and use of the App and its related content and services (collectively, the "Services").
Please read these Terms carefully. By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the App.
The App provides sleep and relaxation audio experiences, including:
We may update, add, remove, or change features and content at any time to improve the Services.
You must be at least 13 years old (or the equivalent minimum age in your jurisdiction) to use the App. If you are under 18, you may use the App only with the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on Apple-branded devices that you own or control, for your personal, non-commercial use, in accordance with these Terms and Apple's App Store terms.
You may not:
Certain content and features require an auto-renewing Pro subscription purchased through the Apple App Store. Subscription pricing, billing periods, renewal, cancellation, and refunds are described in our Payment Terms and Conditions, which form part of these Terms. All payments are processed by Apple, and your purchase is also subject to Apple's Media Services Terms and Conditions.
All content in the App — including sounds, music, mixes, videos, images, artwork, text, logos, and the App's design and software — is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license granted above, no rights in the App or its content are granted to you.
Mixes you create and save are stored locally on your device. They are combinations of licensed content provided by the App and are for your personal use only; saving a mix does not grant you any ownership of the underlying sounds. We are not responsible for the loss of saved mixes, for example if you delete the App or change devices.
The App is intended for general relaxation and wellness purposes only. It is not a medical device and does not provide medical advice, diagnosis, or treatment for insomnia, sleep disorders, or any other health condition. If you have concerns about your sleep or health, consult a qualified healthcare professional.
For your safety:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THEY WILL MEET YOUR REQUIREMENTS. NOTHING IN THESE TERMS AFFECTS STATUTORY RIGHTS THAT YOU ARE ENTITLED TO AS A CONSUMER AND THAT CANNOT BE CONTRACTUALLY ALTERED OR WAIVED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US THROUGH THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD.
You may stop using the App at any time by deleting it from your device. We may suspend or terminate your access to the Services, in whole or in part, if you materially breach these Terms. Sections that by their nature should survive termination (including intellectual property, disclaimers, and limitations of liability) will survive.
You acknowledge and agree that:
We may amend these Terms from time to time, for example when we update the App's functionality or when required by law. When we do, we will revise the effective date at the top of this page and, where changes are material, provide additional notice within the App. Your continued use of the Services after the updated Terms take effect constitutes your acceptance of them.
Your privacy matters to us. Please refer to our Privacy Policy for information on how we handle your data when you use the App.
These Terms, together with the Payment Terms and Conditions and the Privacy Policy, constitute the entire agreement between you and us regarding the Services. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign these Terms without our prior written consent; we may assign them without restriction.
If you have any questions about these Terms, please contact us at smallbean430@gmail.com.