Terms & Conditions and End-User License Agreement

1. Acceptance of Terms

By using SleepStory (the “App”), a service provided by MXU Design, you agree to these Terms & Conditions and this End-User License Agreement (collectively, this “Agreement”). If you do not agree, please do not use the App.

2. Parties

This Agreement is between you and MXU Design ("SleepStory," "we," "our," or "us"). Apple Inc. ("Apple") is not a party, but Apple and its subsidiaries are third-party beneficiaries and may enforce this Agreement against you.

3. Grant of License

We grant you a personal, non-exclusive, non-transferable, revocable license to install and use one copy of the App on any Apple-branded device that you own or control, strictly as permitted by Apple’s App Store Terms of Service and Usage Rules.

4. Restrictions

You may not:

• share, sell, rent, lease, sublicense, or distribute the App;
• copy, reverse-engineer, decompile, disassemble, modify, or create derivative works, except where such restrictions are forbidden by law;
• make the App available over a network where it could be used by multiple devices simultaneously; or
• remove any proprietary notices or labels.

5. Maintenance & Support

We—not Apple—are solely responsible for providing any maintenance, support, or updates. Apple has no obligation whatsoever to furnish services for the App.

6. Data & Privacy

We may collect device and usage data to deliver updates, improve features, and provide support, in a form that does not personally identify you. See our full Privacy Policy.

7. External Services

The App may access third-party content or services ("External Services"). Use them at your own risk—we are not responsible for their accuracy, availability, or content. External Services may not be available in all regions or languages.

8. Health Disclaimer

SleepStory delivers relaxation content only. It is not a medical device and does not diagnose, treat, or cure any condition. Consult a qualified professional for medical advice.

9. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT).

10. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY SHALL NOT EXCEED FIFTY U.S. DOLLARS (US $50).

11. Free Trial

The free trial period provides access to our premium content library. To create personalized stories and receive credits, you must end the trial and subscribe as a paying customer or purchase credits separately. You can upgrade at any time during the trial via the App.

12. Subscription and Payment

After the trial, a subscription is required for continued access to premium content and story-creation features. Payments are charged to your chosen method and subscriptions auto-renew unless cancelled at least 24 hours before the end of the current period.

13. Money Back Guarantee

We offer a 30-day money-back guarantee for the first month of subscription. The guarantee cannot be redeemed after the first month; subsequent months fall under the standard cancellation policy.

14. User Conduct

Misuse of the App or content, harassment, illegal activities, or infringement of others’ rights through the App is prohibited.

15. Content Ownership and Usage

All content remains the property of MXU Design. You are granted a license to access and listen to your content via the App. Unauthorized downloading, sharing, or circumventing access controls is forbidden and constitutes a violation of these terms.

16. No Refunds on Digital Content

Refunds are generally not available for digital content such as custom sleep stories. Exceptions may be considered where content fails to meet our quality standards or due to App-related issues. However, this does not establish a legal claim for a refund.

17. Amendments to Terms

We reserve the right to modify these terms. Continued App use after changes indicates acceptance of the new terms.

18. Termination

This Agreement is effective until terminated by you or us. Your rights automatically terminate without notice if you breach any term. Upon termination, you must stop all use and delete all copies of the App.

19. Governing Law & Venue

Unless mandatory consumer law in your country of residence provides otherwise, this Agreement and any dispute or claim arising out of it shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict-of-law principles. You and SleepStory agree to submit to the exclusive jurisdiction of the competent courts of Amsterdam, the Netherlands. If you are a consumer resident in the European Union, Switzerland, Norway, or Iceland, the laws and courts of your usual place of residence will instead apply, as required by EU consumer-protection rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

20. Export Controls

You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which you obtained the App. You represent that you are not located in a country subject to a U.S. embargo or on a U.S. Government restricted-party list.

21. U.S. Government End Users

The App and documentation are “Commercial Items” as defined in 48 C.F.R. § 2.101 and are provided with only the rights granted to all other end users under this Agreement.

22. Age Restriction

SleepStory is not intended for—and should not be used by—individuals under the age of 13. By using the App, you represent that you are at least 13 years old. We do not knowingly collect personal information from children under 13.

23. Account Termination for Underage Users

We reserve the right to suspend the account of any user found to be under 13 immediately. Where possible, a pro-rata refund for the remaining portion of their subscription will be issued.

24. Third-Party Terms

You must comply with all applicable third-party terms of agreement when using the App (e.g., your wireless-data service agreement).