Terms of Service

1. Acceptance and Changes to These Terms

1. By completing any of the actions above, you are deemed to voluntarily accept and be bound by these Terms.
2. We may revise these Terms from time to time based on legal requirements, product adjustments, or operational needs. The revised Terms take effect on the date they are posted in the App or on this page. If you continue to use the Service after the revised Terms take effect, you are deemed to accept them; if you do not agree, please stop using the Service.
3. These Terms include any specific rules and notices we may publish, all of which form an integral part of these Terms.

2. Description of the Service

1. The App is a white noise / ambient sound playback and mixing tool for sleep assistance, and also provides an AI audio generation feature to help you create a relaxing sleep environment.
2. The App is not a medical device and does not provide any medical diagnosis, treatment, or health advice. If you have sleep disorders or health concerns, please consult a qualified physician. We make no guarantee regarding the sleep-enhancing effect of the App.
3. We will use reasonable efforts to keep the Service available, but do not guarantee that it will be uninterrupted or error-free. We reserve the right to add, adjust, or discontinue any part or all of the features (free or paid) at any time, and will notify you in advance or promptly through reasonable means.

3. Account and Sign-In

1. The App provides account services through Sign in with Apple; sign-in is also subject to Apple's applicable terms.
2. You are responsible for ensuring the authenticity and legality of your sign-in identity, and for all activity under your account. You bear any losses caused by your failure to safeguard your account.
3. You may not transfer, lend, or share your account with others for commercial purposes.
4. If you believe your account has been compromised or is at risk, contact us immediately.

4. AI Audio Generation

1. Nature of the feature: AI audio is generated automatically by a machine model based on your text prompt, and the results are somewhat random. We do not guarantee that the generated content will meet your expectations, and make no express or implied warranty as to the availability, accuracy, completeness, or artistic quality of the results.
2. Usage allowance:
   • Subscribers receive a monthly allocation of AI audio generations (currently 5 per month), as displayed in the App;
   • The monthly allowance is calculated by calendar month; unused allowance does not carry over.
3. Input content standards: You agree not to use this feature to generate content that violates applicable law or public morality, including but not limited to content involving violence, terrorism, discrimination, infringement of others' intellectual property or personal rights, defamation, pornography, or false information. We may, without further notice, refuse to generate, delete, or restrict features in response to violations.
4. Use of generated content: AI-generated content is for your personal, non-commercial use only (unless you have obtained the relevant authorization). You are responsible for ensuring that your use of generated content does not infringe any third-party rights; you bear any disputes and liabilities arising from your use of the generated content.
5. Storage of generated content: Generated audio files are stored in the cloud; we may clean them up after a long period of inactivity or after account deletion, so please save important content promptly. We are not liable for any interruption or loss of the storage service.

5. Subscriptions and Auto-Renewal (Important)

1. The App offers auto-renewing subscriptions; the specific tiers, prices, and entitlements are as displayed on the in-app purchase page (Apple App Store).
2. Auto-renewal rules:
   • Subscriptions are completed through the Apple App Store, and payment is collected by Apple on our behalf;
   • Within 24 hours before your subscription expires, unless you manually turn off auto-renewal, Apple will automatically charge your Apple ID account for the next period, and the subscription will be extended by one period;
   • To cancel auto-renewal, go to your iPhone Settings → [your Apple ID] → Subscriptions at least 24 hours before the current period ends and manage or cancel it. After cancellation, the Service remains active for the current period, and will not renew after it expires;
   • Charges already deducted are generally non-refundable, except as required by law.
3. Restore Purchases: After changing devices or reinstalling the App, you can use "Restore Purchases" to restore your purchased subscription entitlements.
4. Management of subscriptions (refunds, downgrades, upgrades, Family Sharing, etc.) is governed by Apple's applicable terms and is ultimately decided by Apple. If you have a billing dispute, you may contact Apple Support directly.
5. Free trial rules (if any): If you subscribe during a free trial, any unused trial period may be forfeited, subject to Apple's rules.

6. Intellectual Property

1. All content in the App — including software, interface, icons, built-in sound effects (unless otherwise noted), copy, and trademarks — is owned by us or the relevant rights holders and is protected by applicable law.
2. Without our written permission, you may not copy, modify, distribute, rent, sell, reverse-engineer, or decompile any part of the App, or use it for commercial purposes.
3. Content you generate using the AI feature: To the extent permitted by applicable law, you may use your generated audio for personal, non-commercial purposes; for commercial use, you must confirm and obtain the necessary authorizations yourself. We do not claim ownership of your generated content, but you understand that some jurisdictions impose limitations on the copyrightability of purely AI-generated content.

7. User Conduct

You agree not to:

1. Endanger national security, disclose state secrets, or undermine social stability in any way;
2. Infringe the lawful rights of others or us (including intellectual property, personal rights, trade secrets, etc.);
3. Use the Service to engage in illegal or criminal activity, fraud, harassment, or defamation;
4. Interfere with, disrupt, attack, or intrude upon the Service, or use automated means (scripts, crawlers, etc.) for bulk access;
5. Circumvent or break the Service's usage limits, payment mechanisms, or security measures;
6. Redistribute the Service or its content commercially without permission;
7. Otherwise violate applicable law, these Terms, or public morality.

We may respond to violations with warnings, feature restrictions, suspension or termination of the Service, or account bans, and reserve the right to pursue legal liability.

8. User Content

1. You are solely responsible for the prompts you enter through the AI feature and the content generated from them.
2. You grant us a non-exclusive, royalty-free, worldwide license, to the extent necessary to provide, maintain, and improve the Service, to process, translate, transmit, store, and display your input.
3. You warrant that your input does not infringe any third-party rights and complies with these Terms. You bear full responsibility for any disputes arising from your input or generated content and release us from liability.

9. Changes, Suspension, and Termination of the Service

1. We may change, suspend, or terminate any part or all of the Service due to business adjustments, technical upgrades, or legal requirements, and will endeavor to notify you in advance.
2. If you materially breach these Terms, we may restrict, suspend, or terminate the Service to you at any time and ban your account.
3. After the Service terminates, we have no obligation to retain your data; please back it up in advance.

10. Disclaimer and Limitation of Liability

1. The Service is provided "AS IS." To the maximum extent permitted by applicable law, we make no express or implied warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
2. For any direct or indirect losses (including loss of profits, data loss, or business interruption) arising from the use of, or inability to use, the Service, generated content not meeting expectations, data loss, or service interruption — to the extent permitted by applicable law, our total liability is limited to the amount you actually paid us (or that Apple collected on our behalf), and we are not liable for any indirect or consequential damages.
3. Disputes between you and third parties (such as Apple, ElevenLabs, Cloudflare) arising from their services shall be resolved between you and that third party; we are not responsible.
4. The App is intended for lawful personal use such as sleep assistance; you bear the consequences of any improper use.

11. Governing Law and Dispute Resolution

1. These Terms, and any dispute arising out of or relating to the Service, shall be governed by the laws applicable at the Operator's place of business, without regard to its conflict-of-laws rules.
2. The parties shall first attempt to resolve any dispute amicably through negotiation. If negotiation fails, either party may submit the dispute to the competent court at the Operator's place of business.
3. Consumer protection: If you are a consumer and the mandatory consumer protection laws of the country/region where you reside provide greater rights than these Terms, those mandatory laws shall prevail to that extent. Nothing in these Terms limits any non-waivable consumer rights you may have.

12. Miscellaneous

1. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force.
2. Headings in these Terms are for convenience only and do not affect interpretation.
3. We reserve the right of final interpretation of these Terms.

Contact Us

If you have any questions about these Terms, please contact:

• Email: support@tinykit.app
• Operator: TinyKit