Terms of Service

§ 01

Not Medical Advice

Sleepy: Sleep Sounds & Rain is not a medical device. The sounds and content in the App are intended for relaxation purposes only and are not a substitute for professional medical advice, diagnosis, or treatment for insomnia, sleep apnoea, anxiety, or any other condition. Always seek the advice of your physician or other qualified health provider with any questions you may have about a medical condition. If you think you may be having a medical emergency, contact your local emergency services.

§ 02

Acceptable Use

You agree not to misuse the App or help anyone else do so. You agree to use the App in compliance with all applicable laws and regulations, and not to attempt to interfere with the App's operation, security, or content delivery. The App does not require you to create an account.

§ 03

Purchases, Subscriptions and Payments

Sleepy: Sleep Sounds & Rain offers premium features in two ways: as an auto-renewing subscription, or as a one-off "Lifetime Access" purchase. Both are sold through the Apple App Store and the Google Play Store. The title of what you are buying, its length (for example monthly, yearly, or one-time), the localised price, and details of any introductory or free-trial offer are shown to you in the App's purchase screen before you confirm. By tapping to buy, you agree to those terms.

Auto-renewing subscriptions

• Payment is taken by Apple or Google from your Apple ID or Google Play account at the point you confirm the purchase.
• Your subscription renews automatically for the same period at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period.
• The renewal charge is taken within 24 hours before the end of the current period.
• If you start a free trial, it will automatically convert into a paid subscription at the end of the trial unless you turn off auto-renew at least 24 hours before the trial ends.
• You can manage or cancel your subscription at any time in your Apple ID or Google Play account settings. Refunds are handled by Apple or Google according to their respective policies, not by us.

Lifetime Access (one-time purchase)

• Lifetime Access is a single, one-off payment. It is not a subscription: it does not renew, there is no recurring charge, and there is nothing to cancel.
• Payment is taken by Apple or Google from your Apple ID or Google Play account at the point you confirm the purchase.
• Lifetime Access unlocks the App's premium sounds and features. It is tied to the Apple ID or Google Play account used to buy it, and can be restored on your other devices signed in to that same account using "Restore Purchases" in the App.
• "Lifetime" means for as long as the App remains available and supported on the store you bought it from - it refers to the lifetime of the App, not of the purchaser. We do not guarantee that the App will remain available indefinitely.
• Refunds are handled by Apple or Google according to their respective policies, not by us. Nothing in this section affects your statutory rights as a consumer - see § 05.

§ 04

Intellectual Property and Copyright

All sounds, audio tracks, artwork, and other content in Sleepy: Sleep Sounds & Rain are protected by copyright and used by W3 Creations Ltd under licence. Copyright in the sounds remains with their respective authors. You are not permitted to extract, rip, reproduce, distribute, publicly perform, or create derivative works from the audio or any other content provided in the App, except as expressly permitted by applicable law.

§ 05

Your Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under applicable law, including (for users in the United Kingdom) your rights under the Consumer Rights Act 2015 in respect of digital content. Those rights - including that digital content be of satisfactory quality, fit for purpose, and as described - cannot be excluded or restricted by contract, and the provisions of these Terms apply only to the extent permitted by law.

§ 06

Disclaimer of Warranties

Subject to § 05 above, and to the fullest extent permitted by law, the App is provided on an "as available" basis. We do not warrant that the App will be uninterrupted, error-free, or free from harmful components, that it will operate on every device or configuration, or that any specific outcome will result from using it.

§ 07

Limitation of Liability

Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be limited or excluded under applicable law, including your statutory rights as a consumer.

Subject to that, and to the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive losses arising out of or in connection with your use of the App, and our total liability to you for all claims arising in any twelve-month period will not exceed the greater of (i) the amount you paid us for the App in that period, or (ii) £50.

§ 08

Termination

You may stop using the App at any time by uninstalling it. We may suspend or terminate your access to the App, or to specific features, if you breach these Terms or if we reasonably believe such action is necessary to protect the App, other users, or our legal interests. If your access is terminated, any active subscription or Lifetime Access purchase remains subject to the refund and cancellation rules of the Apple App Store or Google Play Store from which it was purchased.

§ 09

App Store Terms

The App is distributed through the Apple App Store and the Google Play Store. Your use of the App on those platforms is also subject to the applicable store's own terms, including (on iOS) Apple's standard Licensed Application End User Licence Agreement, and the store's refund and billing policies. If there is a conflict between these Terms and the applicable store's terms that govern the licensing or purchase of the App, the store's terms apply to that conflict.

§ 10

Severability

If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or, if that is not possible, severed; the remaining provisions will continue in full force and effect.

§ 11

Entire Agreement

These Terms, together with our Privacy Policy and any applicable app-store terms or end-user licence agreement (including Apple's standard EULA for users on iOS), set out the agreement between you and W3 Creations Ltd in respect of the App and supersede any prior agreement on the same subject.

§ 12

Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any dispute arising in connection with these Terms is subject to the non-exclusive jurisdiction of the courts of England and Wales. If you are a consumer resident elsewhere, you keep the benefit of any mandatory consumer protection rules of your country of residence.

§ 13

Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this page and, where appropriate, give a separate "Effective" date so you can see when the change starts to apply. Your continued use of the App after the Effective date constitutes acceptance of the updated Terms.

§ 14

Contact Information

For any legal or Terms-of-Service-related enquiries, please contact us at hello@getsleepy.app. W3 Creations Ltd is registered in England & Wales (company number 14065251).