TERMS & CONDITIONS

Last Updated: 21 January 2025

1. Acceptance of Terms

By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and any future modifications. If you do not agree to these Terms, you are not permitted to use the App. Your continued use of the App following the posting of changes to these Terms will be deemed acceptance of those changes.

2. Eligibility

• You must be at least 18 years of age or have the consent of a parent or legal guardian to use the App.
• By using the App, you represent that you have the legal capacity to enter into a binding agreement.

3. Description of the App

Baby Sleep Sounds by Hobiyo provides a variety of sounds, music, and audio content to help soothe babies and promote better sleep. While we strive to provide helpful resources, the App is not intended as a substitute for professional medical advice. Always consult with a qualified healthcare professional about your baby’s health or sleep issues.

4. User Accounts

• Registration: Some features of the App may require you to register an account. You agree to provide accurate and complete information when creating an account and to update your information if it changes.
• Security: You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.
• Account Termination: We reserve the right, at our sole discretion, to suspend or terminate your account if we suspect any unauthorized or illegal activity or if you violate these Terms.

5. In-App Purchases & Subscriptions

• Purchases: Certain features or content within the App may require an in-app purchase or subscription. Prices and payment terms will be displayed at the point of purchase.
• Billing: Billing for purchases and subscriptions is managed by the Apple App Store. Please consult Apple’s payment policies for more information.
• Free Trials: We may offer free trial periods for certain features or subscriptions. If you do not cancel before the trial expires, you may be automatically charged according to the applicable subscription rate.
• Refunds: All purchases are final and non-refundable unless required by law or permitted by Apple’s App Store refund policies. Any requests for refunds must be directed to the Apple App Store.

6. Intellectual Property

• Ownership: All content, features, and functionality (including but not limited to sound recordings, text, images, graphics, logos, and software) are owned by or licensed to Hobiyo and are protected by intellectual property laws.
• License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App for your personal, non-commercial use only.
• Restrictions: You agree not to copy, reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store, or transmit any of the material on our App, except as permitted under these Terms.

7. Acceptable Use

You agree not to use the App in any way that:

1. Violates any applicable local, state, national, or international law or regulation.
2. Is fraudulent, deceptive, or harmful to others.
3. Infringes upon any intellectual property or other rights of any individual or entity.
4. Transmits viruses, worms, or other malicious code.
5. Attempts to gain unauthorized access to our systems or the accounts of other users.

8. Disclaimers

• No Medical Advice: The App and the content therein are provided for informational and entertainment purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding medical conditions or sleep issues.
• No Guarantees: We make no guarantees that the App’s content, including any audio or advice, will improve your baby’s sleep or result in any specific outcome.
• Availability: We do not guarantee that the App will be available without interruption or error. We may temporarily suspend or restrict access to the App for maintenance or other reasons at our discretion.
• As Is: The App is provided on an "AS IS" and “AS AVAILABLE” basis without warranties of any kind, either express or implied.

9. Limitation of Liability

• Indirect Damages: To the fullest extent permitted by law, Hobiyo will not be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits or data, arising out of or in connection with your use of or inability to use the App.
• Aggregate Liability: In no event will Hobiyo’s total liability to you for all damages, losses, or causes of action exceed the amount paid by you, if any, for accessing or using the App during the twelve (12) months preceding the event giving rise to the liability.
• Jurisdictional Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation/exclusion of liability for certain types of damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Hobiyo, its officers, directors, employees, agents, and affiliates, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App.

11. Third-Party Content & Links

Our App may contain links to third-party websites or services that are not owned or controlled by Hobiyo. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. By using our App, you expressly release Hobiyo from any and all liability arising from your use of any third-party website or service.

12. Modifications to the App

We reserve the right to modify, suspend, or discontinue any part of the App at any time, with or without notice, and without liability to you. This may include changes to sound libraries, features, or subscription models.

13. Termination

• Termination by You: You may stop using the App at any time and, if applicable, cancel any subscriptions according to Apple’s App Store policies.
• Termination by Us: We may terminate or suspend your access immediately, without notice, for any breach of these Terms or for any conduct we deem harmful to the App or other users.
• Effect of Termination: Upon termination, your right to use the App will cease immediately. Any provisions of these Terms that by their nature should survive termination will survive.

14. Governing Law & Dispute Resolution

These Terms and any dispute arising out of or relating to them or the App shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without giving effect to any conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the courts located in [Your Jurisdiction], and you consent to the jurisdiction of such courts.

15. Children’s Privacy

Although the App is intended for use by adults to aid in baby sleep, it is not designed or intended to collect personal information from children under the age of 13. If you believe that we might have any information from or about a child under 13, please contact us.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the “Last Updated” date. You are responsible for reviewing these Terms periodically for changes.

17. Contact Us

If you have any questions about these Terms or wish to report any violations of these Terms, please contact us at:

Email: info@hobiyo.com

By downloading, installing, or using Baby Sleep Sounds by Hobiyo, you acknowledge that you have read and understood these Terms & Conditions and agree to be bound by them.