End User License Agreement (EULA)
This End User License Agreement (the "Agreement") is a legal agreement between you and the developer of the Yawn Dawn mobile application (the "App"), located in Chicago, Illinois, USA ("we", "us", or "our"). It governs your license to use the App obtained from the Apple App Store or Google Play. This Agreement operates together with our Terms of Service and Privacy Policy. By downloading, installing, or using the App, you agree to this Agreement. If you do not agree, do not download, install, or use the App.
1. License Grant
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on any device that you own or control, as permitted by the usage rules of the store you obtained it from (the Apple App Store or Google Play). The App is licensed to you, not sold. We and our licensors retain all right, title, and interest in and to the App not expressly granted to you under this Agreement.
2. License Restrictions
You agree that you will not, and will not permit any third party to:
- copy, modify, adapt, translate, or create derivative works of the App;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except where this restriction is prohibited by applicable law;
- rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App to any third party;
- remove, alter, or obscure any proprietary notices on the App;
- use the App to violate any applicable law or the rights of any third party; or
- interfere with or disrupt the integrity or performance of the App, or attempt to gain unauthorized access to the App or its related systems.
3. Ownership and Intellectual Property
The App, including its software, design, text, graphics, logos, and all related intellectual property, is owned by us or our licensors and is protected by copyright, trademark, and other laws. "Yawn Dawn" and related marks are our trademarks; you may not use them without our prior written permission.
4. Your Data
The App stores your sleep sessions, settings, habits, and insights on your device. Data the App reads from Apple Health (iOS) or Health Connect (Android) is processed and stored on your device. If you enable sound-based sleep detection, the microphone is used to score overnight noise levels only — no audio is ever recorded, saved, or transmitted. You are responsible for the data you enter into the App and for keeping your own copies of anything important. Our Privacy Policy describes our data practices in full.
5. Health and Wellness Disclaimer
The App is a consumer wellness product intended for general informational and wellness purposes only. It is not a medical device, and it does not diagnose, treat, cure, mitigate, or prevent any disease, disorder, or health condition, including any sleep disorder. Sleep estimates and insights come from consumer-grade sensors and software and may be inaccurate or incomplete. Always consult a qualified healthcare professional with any questions about your sleep or health.
6. Subscriptions
The App is free to download and use, supported by advertising. An optional auto-renewable subscription ("Yawn Dawn Premium") removes advertising while it is active; it does not unlock any features. The subscription title, the length of the subscription period, and the price are shown in the App and by the store at the point of purchase.
- Apple App Store: payment is charged to your Apple Account at confirmation of purchase. The subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period; your account is charged for renewal within 24 hours prior to the end of the current period. Manage or cancel in Settings → your name → Subscriptions. If a free trial is offered, any unused portion is forfeited when you purchase a subscription, where applicable. Billing and refunds are handled by Apple under the Apple Media Services Terms and Conditions.
- Google Play: payment is charged to your Google Play account at confirmation of purchase. The subscription automatically renews unless it is cancelled before the end of the current period. Manage or cancel in Play Store → profile → Payments & subscriptions → Subscriptions. Billing and refunds are handled by Google in accordance with Google Play's policies.
Full billing terms are set out in Section 6 of the Terms of Service.
7. Updates and Changes to the App
We may provide updates, patches, or new versions of the App, which may be required for continued use. We may also modify, suspend, or discontinue the App or any feature at any time. This Agreement governs all updates we provide unless an update is accompanied by separate terms.
8. Term and Termination
This Agreement remains in effect until terminated. We may suspend or terminate your license at any time if you breach this Agreement or if we discontinue the App. You may terminate this Agreement at any time by ceasing to use the App and deleting it from your devices. Upon termination, the license granted in Section 1 ends and you must stop using the App. Termination does not by itself cancel an active subscription — cancel it in your store's subscription settings as described in Section 6. Sections that by their nature should survive termination will survive.
9. Disclaimers and Limitation of Liability
To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", without warranties of any kind, and our total aggregate liability for all claims arising out of or relating to the App or this Agreement will not exceed the greater of the amount you paid us (if any) for the App in the twelve (12) months before the event giving rise to the liability, or twenty U.S. dollars (US$20). The full disclaimers of warranties and limitation of liability in Sections 9 and 10 of the Terms of Service apply to this Agreement and are incorporated by reference. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
10. Apple Licensed Application Acknowledgement
Where you obtained the App from the Apple App Store, you and we acknowledge that this Agreement is concluded between you and us only, and not with Apple. We, not Apple, are solely responsible for the App and its content. Apple has no obligation to furnish any maintenance or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the applicable purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. We, not Apple, are responsible for addressing any claims relating to the App, 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 legislation, and for the investigation, defence, settlement, and discharge of any third-party intellectual-property claim. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you as such.
11. Export Compliance and Legal Restrictions
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export and re-export control laws in your use of the App.
12. Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflict-of-laws principles. Subject to applicable law, any dispute arising out of or relating to this Agreement or the App will be subject to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois. Nothing in this section limits any mandatory consumer-protection rights available to you under the laws of your place of residence.
13. Miscellaneous
If any provision of this Agreement is found unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions remain in full force. Our failure to enforce any right is not a waiver. You may not assign this Agreement without our prior written consent; we may assign it without restriction. This Agreement, together with the Terms of Service and Privacy Policy, is the entire agreement between you and us regarding the App.
14. Contact
Questions about this Agreement: junaid.mohammed777@yahoo.com