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Terms of Service

Last Updated: February 6, 2025

PLEASE READ THESE TERMS OF SERVICE (“Terms”) CAREFULLY BEFORE ACCESSING OR USING THE SLEEP STORIES APP (the “App”) PROVIDED BY Whisper Sleep (“Company,” “we,” or “us”). BY USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, PLEASE DO NOT USE THE APP.

1. Acceptance of Terms

By downloading, installing, or otherwise accessing or using the App, you agree to these Terms and any additional terms, policies, or guidelines that may be posted on or incorporated by reference into the App. If you do not agree to these Terms, please do not use the App.

2. Description of the Service

The App is designed to offer sleep stories intended to promote relaxation and aid sleep. Our content includes a curated selection of 30 stories across various genres. Features include:

  • Customizable Audio Experience: Users can switch between two available voice actors and adjust background music to suit personal preferences.
  • Paced Narration: Stories are adapted to a slow, calming pace to help you relax and fall asleep.

The App is intended for entertainment and relaxation purposes only and is not a substitute for professional advice or treatment for any sleep disorder or health condition.

3. Eligibility

You represent and warrant that you are at least 18 years of age and are legally capable of entering into these Terms. If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. License to Use the App

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the App on your personal mobile device(s) for your personal, non-commercial use.
  • Access and use the App's features, including the ability to select different voice actors and background music.

This license does not include any resale or commercial use of the App or its contents.

5. Intellectual Property Rights

Ownership: All content available on the App—including text, audio recordings, background music, images, designs, and other materials—is the property of the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Restrictions: You may not modify, reproduce, distribute, display, or create derivative works from any part of the App or its content without our prior written consent.

6. User Conduct and Use Restrictions

When using the App, you agree to:

  • Follow all applicable laws and regulations.
  • Not misuse the App or attempt to disrupt its functionality.
  • Avoid any activity that could harm, disable, or impair the App or interfere with any other party's use of the App.

Any violation of these Terms may result in the immediate termination of your access to the App without notice.

7. Payment and In-App Purchases

Free Access: The initial launch of the App includes access to 30 sleep stories and 2 voice actor options.

In-App Purchases/Subscriptions (if applicable): Some features or additional content may be offered for purchase. If you choose to purchase such features, you agree to pay all applicable fees. All fees are non-refundable except as required by law.

Changes in Pricing: We reserve the right to change our pricing and payment policies at any time, with appropriate notice.

8. Disclaimers

  • Entertainment and Relaxation: The sleep stories provided are intended solely for entertainment and relaxation. They are not designed to diagnose, treat, cure, or prevent any medical condition.
  • “AS IS” Service: The App and all content are provided on an “AS IS” and “AS AVAILABLE” basis. We expressly disclaim any warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • No Guarantee of Results: While many users find our stories relaxing, we make no guarantee regarding the effectiveness of our content in aiding sleep.

9. Limitation of Liability

To the fullest extent permitted by law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the App. Our total liability to you for any claims under these Terms, including for any implied warranties, is limited to the amount you paid, if any, for accessing the App.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

  • Your use of or access to the App,
  • Your violation of these Terms, or
  • Your infringement of any intellectual property or other rights of any person or entity.

11. Termination

We reserve the right to terminate or suspend your access to the App, with or without notice, for any reason, including without limitation if you breach these Terms. Upon termination, all rights granted to you under these Terms will immediately cease.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Melbourne, Australia without regard to its conflict of laws provisions. Any disputes arising from these Terms or your use of the App shall be resolved exclusively in the appropriate courts located within Melbourne, Australia.

13. Changes to These Terms

We may update or modify these Terms from time to time. When we do, we will post the updated Terms on the App and update the “Last Updated” date above. Your continued use of the App following any changes constitutes your acceptance of the new Terms. We encourage you to review the Terms periodically.

14. Contact Information

If you have any questions, concerns, or comments about these Terms or the App, please contact us at:

Whisper Sleep

Email: hello@whispersleep.io

By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Enjoy your journey into relaxation and sleep with our carefully crafted stories!

If any provision of these Terms is held invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

This document constitutes the entire agreement between you and Whisper Sleep regarding your use of the App.