Terms of Use

1Acceptance of these Terms

By tapping "Accept and start" (or "Accept" when these Terms change) in the App, or by downloading, installing, or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.

We may ask you to accept updated Terms in the App. If you do not accept them, you may stop using the App and delete it.

2Eligibility

You must be at least 18 years old to use the App. The App is not directed to children or teenagers, and we do not knowingly collect personal information from anyone under 18.

If you are under 18, do not use the App. If we learn that a user is under 18, we may end their access and delete any information we have about them.

The App is intended for use in the United States. You are responsible for complying with the laws that apply where you use it.

3License to use the App

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on devices you own or control, for your own non-commercial use, and as permitted by the usage rules of the Apple App Store or Google Play.

You may not: (a) copy, modify, distribute, sell, rent, or sublicense the App or its content; (b) reverse engineer, decompile, or try to extract source code, except where the law expressly allows it; (c) remove copyright or other notices; (d) extract, scrape, or reuse the phrases, sounds, or other content outside the App; (e) use the App for any unlawful purpose or to harm others; or (f) interfere with the App, its security features, or its payment systems.

We reserve all rights not expressly granted to you.

4Apple App Store and Google Play

If you downloaded the App from the Apple App Store, you and we acknowledge that: (a) these Terms are between you and us only, not Apple Inc. ("Apple"), and we, not Apple, are solely responsible for the App and its content; (b) the license above is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions; (c) Apple has no obligation to provide any maintenance or support for the App; (d) 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; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App; (e) we, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar laws; (f) in the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim; (g) you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (h) you must comply with applicable third-party terms when using the App; and (i) Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

If you downloaded the App from Google Play, your use of Google Play is also subject to Google's terms. Google is not responsible for the App or its content.

Questions, complaints, or claims about the App should be sent to us at the contact information in Section 22.

5Accounts

Most features work without an account, and your information stays on your device. If we offer accounts and you create one, you must give accurate information, keep your login secure, and tell us promptly about any unauthorized use. You can delete your account from within the App. You are responsible for activity under your account.

6Premium subscriptions, billing, and refunds

Premium. Some features are available only with a paid subscription ("Premium"). The features, price, and billing period are shown in the App and in the app store before you buy.

Billing by Apple or Google. Purchases are processed by Apple or Google, not by us. Payment is charged to your Apple ID or Google account when you confirm the purchase. We do not receive or store your card number.

AUTOMATIC RENEWAL. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD (FOR EXAMPLE, EACH YEAR) AT THE THEN-CURRENT PRICE, AND YOUR ACCOUNT WILL BE CHARGED WITHIN 24 HOURS BEFORE THE PERIOD ENDS, UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT PERIOD.

How to cancel. You can cancel at any time in your device settings: on iPhone, Settings > [your name] > Subscriptions; on Android, Google Play > Payments & subscriptions > Subscriptions. Deleting the App does not cancel your subscription. After you cancel, Premium stays active until the end of the period you already paid for.

Free trial. The App may include a free introductory period that does not require payment information. If an app store offers a free trial that does require payment information, it will convert into a paid subscription at the end of the trial unless you cancel at least 24 hours before it ends, and any unused part of the trial ends when you buy a subscription.

Refunds. All payments are final and non-refundable, except as required by applicable law or as provided by the refund policies of Apple or Google. Because Apple and Google process payments, refund requests must be made to them, and they decide them under their own policies: on iPhone at reportaproblem.apple.com, and on Android through Google Play. We do not provide refunds or credits for partially used periods.

Price changes. We may change subscription prices. Any price change will take effect only at the start of a following billing period and only after notice and, where required, your consent, as provided by the rules of Apple or Google. If you do not agree to a price change, you may cancel before it takes effect.

Changes to Premium content. We may add, change, or remove features and content (including phrases, verses, and sounds) from the free and Premium versions over time. If we remove a core Premium feature in a way that materially reduces what you paid for during a period you already paid for, you may contact us and, where required by law, we will work with you and the app store on a fair remedy.

Taxes. Prices may include or be subject to taxes determined by the app store.

7No advertising

The App does not show advertising. If we ever decide to add ads, we will first update these Terms and the Privacy Policy and tell you in the App.

8Alarm functionality and reliability

The App is designed to help you wake up, but IT CANNOT GUARANTEE THAT AN ALARM WILL SOUND, WILL SOUND ON TIME, OR WILL BE LOUD ENOUGH TO WAKE YOU.

Alarms depend on your device and on things we do not control, including: the operating system and its updates; notification permissions; silent or ring mode, Do Not Disturb, Focus, or Sleep modes; volume settings; Bluetooth and headphone connections; battery level and power-saving modes; the App being closed, force-quit, or stopped by the system; the device being off, restarted, or out of storage; time zone and clock changes; and software errors, including errors in the App.

You are responsible for: (a) granting the permissions the App needs; (b) checking your device settings; (c) testing your alarm; and (d) using an independent backup alarm (such as your device's built-in clock alarm) whenever waking up on time matters.

DO NOT RELY ON THE APP AS YOUR ONLY ALARM FOR ANY PURPOSE WHERE A MISSED OR LATE ALARM COULD CAUSE INJURY, LOSS, OR SERIOUS INCONVENIENCE, including taking medication, caring for another person, medical appointments, travel and flights, exams, work shifts, legal or court appointments, or any safety-critical activity.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM AN ALARM THAT DOES NOT SOUND, SOUNDS LATE, OR DOES NOT WAKE YOU, INCLUDING MISSED FLIGHTS, APPOINTMENTS, EXAMS, OR WORK, LOST WAGES, OR LOST EMPLOYMENT.

9Health and wellness disclaimer

The App is for general wellness and informational purposes only. It is NOT a medical device and does not diagnose, treat, cure, monitor, or prevent any disease or condition, including sleep disorders such as sleep apnea or insomnia.

Sleep information in the App (such as sleep times, scores, and stages, including light, deep, and REM sleep) is an estimate based on your phone's movement and, if you turn on the microphone, sound. It is not a medical measurement, may be inaccurate, and must not be used for medical decisions.

Breathing and relaxation exercises are general tips. Stop if you feel dizzy, short of breath, or unwell, and breathe normally. If you are pregnant or have a heart, lung, or other medical condition, ask a doctor before doing breathing exercises.

Always seek the advice of a qualified health professional about any medical question. Never disregard or delay professional advice because of something in the App. If you think you may have a medical emergency, call 911 or your local emergency number immediately.

10Content in the App

Motivational, financial, family, and faith phrases are general inspiration. They are not professional, financial, investment, legal, medical, psychological, or religious counseling, and you should not rely on them as such.

Bible verses in the App come from translations that are in the public domain in the United States: the Spanish Reina-Valera 1909 (with modernized spelling) and the English King James Version. Their inclusion does not imply endorsement by any church, publisher, or organization.

Sounds and phrases are provided for personal use within the App only.

11Your content and recordings

You can write your own phrases and, where the feature is available, record sounds during the night. This content is stored on your device. You are responsible for your content and for making sure it does not violate any law or anyone's rights.

Night sound recording is optional and off by default. If you turn it on, the microphone may capture other people in the room. YOU ARE RESPONSIBLE FOR INFORMING AND OBTAINING THE CONSENT OF ANYONE WHO MAY BE RECORDED, AS REQUIRED BY LAW. Some states, including Florida, require the consent of all parties to record a private conversation. Do not use the feature to record conversations.

12Intellectual property

The App, including its software, design, look and feel, original phrases, original sound compositions, and other content created by us, is owned by Sunridge Labs LLC or its licensors and is protected by copyright (to the extent the law protects it), trademark, and other laws. Some of this content was created with the help of artificial intelligence tools; see "Licenses and credits" in the App. Certain sounds are provided under public-domain licenses (CC0) and certain fonts and software components are provided under open-source licenses; see "Licenses and credits" in the App.

Apple, iPhone, Apple Watch, Apple Health, App Store, Google, Google Play, Android, Health Connect, and WhatsApp are trademarks of their respective owners. The App is not affiliated with, sponsored by, or endorsed by them.

13Feedback

If you send us suggestions, ratings, or feedback, you grant us a perpetual, worldwide, royalty-free right to use them to improve the App, without obligation to you. Do not send confidential information.

14Third-party services

The App may link to or work with third-party services (for example app stores, payment systems, health platforms, and messaging apps). Their terms and privacy policies govern your use of them, and we are not responsible for them.

15Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ALARMS WILL SOUND, OR THAT SLEEP INFORMATION WILL BE ACCURATE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

16Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUNRIDGE LABS LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, WAGES, EMPLOYMENT, OPPORTUNITIES, DATA, OR GOODWILL, OR FOR MISSED FLIGHTS, APPOINTMENTS, EXAMS, OR OTHER EVENTS, ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP AND PREMIUM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50).

These limitations apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as liability for gross negligence, willful misconduct, fraud, or death or personal injury caused by our negligence where the law does not allow it to be limited.

17If something goes wrong

If you have a problem with the App, please contact us first at soporte@sunridgelabs.co or 1501 NE 10th Ln, Cape Coral, FL 33909, USA. Tell us what happened and what you would like us to do, and we will try in good faith to solve it within 30 days.

Contacting us first is a request, not a requirement. Nothing in these Terms limits your right to bring a claim in court, including small claims court, or to contact a government consumer protection agency, and nothing limits any rights you have under consumer protection laws that cannot be waived.

18Governing law and venue

These Terms and any dispute between you and us are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Claims may be brought in the state or federal courts located in Lee County, Florida. You may also bring a claim in the courts where you live when the law allows it, including small claims court.

19Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Sunridge Labs LLC and its members, managers, employees, and contractors from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or the law, your content, or your recordings of other people.

20Changes and termination

We may update these Terms from time to time. We will post the new date at the top and, for material changes, ask you to accept the new Terms in the App. Changes do not apply to disputes that arose before the change.

We may suspend or end your access to the App if you violate these Terms or if we stop offering the App. You may stop using the App at any time by deleting it. Sections that by their nature should survive (including Sections 8 through 19) survive termination.

21General terms

These Terms and the Privacy Policy are the entire agreement between you and us about the App. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. You agree to receive communications from us electronically. These Terms are written in English; any translation is provided for convenience only, and the English version controls if there is any conflict.

Notice for California users: under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

22Contact

Sunridge Labs LLC

1501 NE 10th Ln, Cape Coral, FL 33909, USA

Email: soporte@sunridgelabs.co