Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Noise Machine ("Company," "we," "us," or "our") governing your use of the Noise Machine mobile applications, website, and related services (collectively, the "Service").

By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. License Grant (EULA)

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download, install, and use the Service on devices you own or control
• Access and use the Service for personal, non-commercial purposes
• Create and save custom presets for your personal use
• Use the web player for personal listening

This license does not include the right to:

• Sublicense, sell, or distribute the Service
• Modify, reverse engineer, or create derivative works
• Use the Service for commercial purposes without authorization
• Remove or alter any proprietary notices

2.1 Platform-Specific Terms

Your use of the Service is also subject to the terms of the platform from which you downloaded it:

• Apple App Store: Apple's Standard EULA
• Google Play: Google Play Terms of Service

3. Restrictions on Use

You agree NOT to:

3.1 Technical Restrictions

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Modify, adapt, translate, or create derivative works based on the Service
• Copy, distribute, or publicly display the Service or any part thereof
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Bypass, disable, or interfere with security features of the Service
• Use automated systems or software to extract data from the Service
• Attempt to gain unauthorized access to the Service or its related systems

3.2 Content Restrictions

• Use the Service to distribute malware, viruses, or harmful code
• Use the Service for any illegal or unauthorized purpose
• Record, redistribute, or commercially exploit the generated audio without permission
• Claim the generated noise as your own original creation for commercial purposes

3.3 Audio Usage

The procedural noise generated by Noise Machine is created in real-time using mathematical algorithms. You may:

• Use the audio for personal sleep, relaxation, and focus
• Use the audio as background in personal, non-commercial videos or streams

Commercial use of recorded audio (e.g., in products, advertisements, or for-profit content) requires prior written permission. Contact us for licensing inquiries.

4. Intellectual Property Rights

4.1 Our Rights

The Service, including but not limited to its design, graphics, text, audio algorithms, code, and user interface, is owned by Noise Machine and is protected by copyright, trademark, and other intellectual property laws.

The following are trademarks or service marks of Noise Machine:

• Noise Machine (name and logo)
• Preset names: "Deep Womb," "Heavy Rain," "Air Purifier," "Jet Cabin," "Arctic Wind," "Static Void"

4.2 DSP Algorithms

The digital signal processing algorithms used to generate noise (including but not limited to Xoshiro256++ PRNG, Voss-McCartney pink noise, leaky integrator brown noise, and biquad filtering) are industry-standard implementations. While our specific implementation is proprietary, the underlying mathematical concepts are not claimed as exclusive intellectual property.

4.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use, modify, and incorporate such feedback into the Service without compensation to you.

5. User Content

5.1 Custom Presets

You may create and save up to three (3) custom presets within the Service. These presets are stored locally on your device and consist of parameter values (noise type, warmth, movement) that you configure.

You retain ownership of your custom preset configurations. However, since presets are mathematical parameter combinations, they are not copyrightable in themselves.

5.2 Local Storage

All user content (presets, preferences) is stored locally on your device. We do not have access to, do not store, and cannot recover your custom presets. You are responsible for backing up your device if you wish to preserve your settings.

6. In-App Purchases

6.1 Ad-Free Purchase

We offer a one-time, non-consumable in-app purchase to remove advertisements. Three price tiers are available; any tier grants the same permanent ad-free experience.

6.2 Payment Processing

All payments are processed by Apple (App Store) or Google (Play Store). We do not collect, store, or have access to your payment information. Purchases are subject to the terms of the respective platform:

• iOS: Processed through Apple's StoreKit; subject to Apple's payment terms
• Android: Processed through Google Play Billing; subject to Google's payment terms

6.3 Refunds

Refund requests must be directed to Apple or Google, as they process all payments:

• Apple: Report a Problem
• Google: Google Play Refunds

6.4 Restore Purchases

If you reinstall the app or switch devices, you can restore your ad-free purchase through the Settings menu without additional payment, provided you use the same Apple ID or Google account.

7. Health and Safety Disclaimer

7.1 Not Medical Advice

The Service is designed for relaxation, focus, and sleep assistance. It is NOT:

• A substitute for professional medical advice, diagnosis, or treatment
• A treatment for sleep disorders, tinnitus, anxiety, or any medical condition
• Approved by the FDA or any regulatory body as a medical device

7.2 Hearing Safety

Prolonged exposure to loud sounds can cause permanent hearing damage. You are responsible for:

• Keeping the volume at safe levels (below 85 decibels for extended listening)
• Following your device manufacturer's hearing safety recommendations
• Taking regular breaks from audio exposure
• Consulting an audiologist if you experience hearing problems

7.3 Medical Conditions

If you have any of the following conditions, consult a healthcare professional before using the Service:

• Epilepsy or seizure disorders
• Severe anxiety or panic disorders
• Hearing impairment or tinnitus
• Sleep apnea or other sleep disorders
• Any condition that may be affected by audio stimulation

7.4 Children

Parents and guardians should supervise children's use of the Service and ensure volume levels are appropriate for young ears.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure
• Defects will be corrected
• The Service will meet your specific requirements
• The Service will produce any particular health outcome

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

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL NOISE MACHINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from your use or inability to use the Service
• Damages resulting from unauthorized access to your data
• Any third-party content or conduct
• Hearing damage or other health effects from audio exposure

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR FIFTY DOLLARS ($50 USD), WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Noise Machine and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of a third party
• Any content you submit or transmit through the Service

11. Termination

11.1 By You

You may terminate your use of the Service at any time by uninstalling the application and discontinuing use. Uninstalling will delete all locally stored data.

11.2 By Us

We may suspend or terminate your access to the Service at any time, without prior notice, if we believe you have violated these Terms or for any other reason at our sole discretion.

11.3 Effect of Termination

Upon termination:

• Your license to use the Service immediately terminates
• You must delete all copies of the app from your devices
• Provisions that by their nature should survive (including intellectual property, disclaimers, limitations of liability, and indemnification) shall survive

11.4 Purchases After Termination

If you made an ad-free purchase before termination, contact Apple or Google regarding refund eligibility based on their policies.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

For users in the European Union, nothing in these Terms affects your statutory rights under applicable consumer protection laws.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@noise-machine.com and attempt to resolve the dispute informally for at least thirty (30) days.

13.2 Arbitration Agreement

If informal resolution fails, you and Noise Machine agree to resolve any dispute through binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, rather than in court.

CLASS ACTION WAIVER: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13.3 Exceptions

The following are excluded from arbitration:

• Small claims court actions (where eligible)
• Injunctive relief for intellectual property infringement
• Disputes where arbitration is prohibited by law

13.4 EU Users

If you are a consumer in the European Union, you may be entitled to bring proceedings in the courts of your country of residence, and nothing in these Terms shall affect your right to do so. EU consumers may also use the EU Online Dispute Resolution Platform.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms on this page with a new "Last updated" date.

For material changes, we will provide notice through:

• In-app notification
• Email (if you provided one)
• Prominent notice on this website

Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

15. Contact Information

For questions about these Terms or the Service:

• Legal inquiries: legal@noise-machine.com
• General support: support@noise-machine.com
• Privacy concerns: privacy@noise-machine.com

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Noise Machine regarding the Service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or accidents.

16.6 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version shall prevail.