End User Licence Agreement · Effective date:
These Terms of Use ("Terms") are an agreement between you and Abdullah Iskifoglu, the independent developer of Tinnitus Night: Sleep Sounds ("we", "us", the "App"). They act as the App's end user licence agreement. By downloading or using the App, you agree to these Terms. If you don't agree, please don't use the App.
Important
The App offers relaxation, sleep sounds and self-tracking. It is not a medical device and does not diagnose, treat, cure or prevent tinnitus or any other condition. It is not a substitute for advice from a doctor or audiologist. Read our Health & Safety notice before use.
1. Who can use the App
You must be at least 13 years old to use the App. If you are under the age of majority where you live, you may use it only with the involvement of a parent or guardian who agrees to these Terms.
2. Licence
We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App on Apple devices you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App is licensed, not sold, to you.
You may not, and may not help anyone else to:
- copy, modify, translate or create derivative works of the App;
- reverse engineer, decompile or disassemble the App, except where the law expressly allows this despite this restriction;
- extract, record, redistribute or resell the App's sounds, lessons, text or artwork, separately or as part of another product (some sounds are licensed to us by third parties on terms that forbid redistribution);
- rent, lease, sublicense or otherwise make the App available to others, except through Apple Family Sharing where it applies;
- bypass or interfere with subscription checks, volume limits or other technical features of the App;
- use the App in breach of any law.
3. Free features and Pro subscription
Some features are free. Others require a Tinnitus Night Pro subscription, purchased in the App through Apple.
- Plans: monthly and yearly auto-renewing subscriptions. Prices are shown in the App before you buy and may vary by country.
- Payment: charged to your Apple Account when you confirm the purchase, or at the end of a free trial.
- Auto-renewal: your subscription renews automatically for the same period and price unless you turn off auto-renew at least 24 hours before the end of the current period. Your account is charged for renewal within the 24 hours before the current period ends.
- Free trial: where offered, a free trial converts to a paid subscription when it ends unless you cancel at least 24 hours before. The App also reminds you about a day before. Any unused part of a free trial ends when you buy a subscription.
- Managing and cancelling: in iOS Settings › your name › Subscriptions. Cancelling stops future renewals; you keep Pro until the end of the period you've paid for. Deleting the App does not cancel a subscription.
- Refunds: all payments are processed by Apple, and refunds are handled by Apple under its policies at reportaproblem.apple.com. We cannot issue refunds directly. This does not affect any statutory rights you have.
- Price changes: if the price of your subscription changes, Apple will notify you in advance and, where required, ask for your consent.
- Restoring: use Restore purchases in the App to restore Pro on a new or reinstalled device signed in with the same Apple Account.
We may change, add or remove features over time. If we remove a core Pro feature you paid for, we will try to give notice in the App.
4. Health and hearing safety
You are responsible for how you use the App and for deciding whether it is suitable for you. In particular:
- Listen at a comfortable, low volume. Stop if you feel discomfort, pain, fullness in the ear, or if your tinnitus gets worse, and seek medical advice.
- The tone finder is a way to shape sounds. It is not a hearing test and its results are not a diagnosis.
- Patterns and insights are based only on what you enter. A link between a tag and a bad day does not mean one caused the other.
- Lessons provide general information, not medical advice.
- Do not use the App's sounds in situations where you need to hear your surroundings, such as while driving or cycling.
See a doctor if your tinnitus is sudden, in one ear only, pulsing in time with your heartbeat, or comes with hearing loss, dizziness or other symptoms. Details are in the Health & Safety notice.
5. Your data
What you enter in the App belongs to you. It is stored on your iPhone, not on our servers, as described in our Privacy Policy. Because of this, you are responsible for keeping your own backups. If you lose your device, delete the App, or forget your backup password, we cannot recover your data.
6. Intellectual property
The App, including its code, design, sounds, lessons, text, icons and artwork, is owned by us or our licensors and is protected by copyright and other laws. Apart from the licence in section 2, these Terms give you no rights to it. "Tinnitus Night" and its logos are our marks.
7. Third-party services
The App relies on Apple for purchases and on RevenueCat to check subscription status. Your use of those services is also subject to their own terms. We are not responsible for third-party services outside our control.
8. Disclaimer of warranties
To the extent permitted by law, the App 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 the App will reduce tinnitus, improve sleep, or work without interruption or errors.
Some jurisdictions do not allow the exclusion of certain warranties. If you are a consumer, you keep all rights you have under mandatory consumer protection law, and nothing in these Terms limits them.
9. Limitation of liability
To the extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or goodwill, arising from your use of or inability to use the App. Our total liability for any claim relating to the App is limited to the amount you paid for the App or subscription in the 12 months before the claim.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be excluded or limited by law.
10. Ending these Terms
You can stop using the App at any time by deleting it (remember to cancel any subscription separately). We may suspend or end your licence if you seriously breach these Terms. Sections 5 to 9 and 12 continue to apply after these Terms end.
11. Changes to these Terms
We may update these Terms from time to time, for example to reflect new features or changes in law. We will post the new version on this page with a new effective date and, for significant changes, tell you in the App. If you keep using the App after a change takes effect, the updated Terms apply.
12. Governing law and disputes
These Terms are governed by the laws of the place where the developer is established, without regard to conflict-of-law rules. If you are a consumer, you also benefit from any mandatory provisions of the law of the country where you live, and you may bring a claim in the courts of that country. Before starting any formal dispute, please contact us so we can try to resolve the issue informally.
13. Apple App Store terms
You obtained the App through Apple's App Store, so the following also applies:
- Parties. These Terms are between you and us only, not Apple. We, not Apple, are solely responsible for the App and its content.
- Scope of licence. Your licence is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Maintenance and support. We are solely responsible for providing any maintenance and support for the App. Apple has no obligation to do so.
- Warranty. To the extent any warranty applies and the App fails to conform to it, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation regarding the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, to the extent such responsibility cannot be excluded under these Terms.
- Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
- Intellectual property. If a third party claims that the App or your use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
- Legal compliance. You confirm that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
- Third-party terms. You must comply with any applicable third-party terms when using the App.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Where these Terms are silent, the Apple Standard Licensed Application End User License Agreement applies. If the two conflict, these Terms prevail to the extent permitted.
14. Contact
Questions, complaints or claims about the App: Abdullah Iskifoglu, developer of Tinnitus Night
Email: [email protected]