Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Casey Idzikowski (“we,” “us,” or “our”), governing your use of the Waves of Silence app and this website (together, the “Service”). By downloading, installing, or using the Service, you agree to these Terms. If you don’t agree, don’t use the Service. See also our Privacy Policy, which explains how we handle your information.

Waves of Silence is a sleep and soundscape-mixing app that lets you combine ambient sounds into custom mixes, with optional account sign-in to sync mixes across devices and an optional Premium subscription that unlocks additional features.

You must be at least 13 years old to use the Service. By using the Service, you represent that you meet this requirement and, if you’re under the age of majority in your jurisdiction, that a parent or guardian has reviewed and agreed to these Terms on your behalf.

Creating an account is optional — the Service is fully usable signed out. If you choose to sign in, you do so with a Google or Apple account via Firebase Authentication; we don’t offer separate email/password accounts. You’re responsible for maintaining the security of the Google or Apple account you sign in with. You can delete your account at any time — see Delete Account.

Waves of Silence offers an optional auto-renewing Premium subscription. The following terms apply to any subscription you purchase:

• Payment is charged to your Apple ID or Google Play account at confirmation of purchase, at the price displayed in the app and in the applicable App Store or Google Play listing at the time of purchase.
• Subscriptions automatically renew for the same duration and at the then-current price unless you turn off auto-renewal at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours before the end of the current period.
• You can manage or cancel your subscription any time in your Apple ID or Google Play account settings. Deleting the app, or deleting your Waves of Silence account, does notcancel an active subscription — you must cancel it separately through Apple or Google, or you’ll continue to be billed.
• We don’t currently offer a free trial. If we introduce one in the future, its terms (including what happens if you don’t cancel before it ends) will be disclosed at the time it’s offered.
• Refunds are handled by Apple or Google under their respective refund policies, not by us directly, since they process the payment.

“Your Content” means the custom mixes you create in the app (mix names and sound/volume settings). You own Your Content. By using account sync, you grant us a limited license to store, process, and transmit Your Content solely to provide the Service to you (for example, syncing it across your devices). We don’t use Your Content for any other purpose, and we don’t make it visible to other users — there’s no social or sharing feature in the Service today.

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms.
• Reverse engineer, decompile, or attempt to extract the source code of the app, except where applicable law permits it despite this restriction.
• Interfere with, disrupt, or attempt to circumvent the security or purchase mechanisms of the Service.
• Use the Service to build a competing product.

The Service — including its software, design, branding, and built-in sound catalog — is owned by us or our licensors and is protected by copyright and other intellectual property laws. Except for the limited license to use the app for its intended purpose, these Terms don’t grant you any rights to our intellectual property.

If you downloaded the app from Apple’s App Store, the following additional terms apply and take precedence over any conflicting terms in this agreement:

1. This agreement is between you and us only, not with Apple, and Apple is not responsible for the Service or its content.
2. The license granted to you is limited to a non-transferable license to use the app on an Apple-branded product that you own or control, as permitted by the App Store’s Usage Rules.
3. Apple has no obligation to provide any maintenance or support for the Service.
4. Apple is not responsible for any product warranties, whether express or implied by law. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you; Apple has no other warranty obligation with respect to the app.
5. Apple is not responsible for addressing any claims by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
6. Apple is not responsible for the investigation, defense, settlement, or discharge of any claim that the app infringes a third party’s intellectual property rights.
7. You represent that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties.
8. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this agreement, and upon your acceptance of these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary.

If you downloaded the app from Google Play, your use is also subject to Google’s Play Terms of Service. Google is not a party to these Terms and is not responsible for the Service or its content.

The Service is 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. Waves of Silence is not a medical device and does not provide medical advice — it’s not intended to diagnose, treat, cure, or prevent any sleep disorder or other medical condition. If you have a sleep or health concern, consult a qualified healthcare provider.

To the fullest extent permitted by law, we won’t be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, use, or goodwill, arising out of or related to your use of the Service. Our total liability for any claim arising out of these Terms or the Service won’t exceed the amount you paid us, if any, in the 12 months before the claim arose.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service if you violate these Terms. Sections that by their nature should survive termination (including Sections 8, 11, 12, and 15) will survive.

We may update these Terms from time to time. If we make material changes, we’ll update the “Last updated” date above and, where appropriate, notify you through the app. Continuing to use the Service after changes take effect means you accept the updated Terms.

These Terms are governed by the laws of [STATE/COUNTRY — TODO], without regard to its conflict-of-law principles, except where applicable consumer-protection law in your country of residence provides otherwise.

Questions about these Terms? Email us at wavesofsilence.app@gmail.com.