Terms of Service
These Terms of Service (the "Terms") govern your access to and use of the Yawn Dawn mobile application and any related features, content, and services (the "App"). The App is provided by its developer, located in Chicago, Illinois, USA ("we", "us", or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms and by the End User License Agreement (the "EULA"), which is incorporated into these Terms by reference. If you do not agree, do not download, install, or use the App.
1. Acceptance of Terms
By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. You must be at least the age of majority in your jurisdiction, or have the consent of a parent or legal guardian, to use the App.
2. The License
The App is licensed to you, not sold, under the terms of the EULA. In short: you receive a limited, personal, non-transferable license to use the App on devices 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 EULA sets out the full license terms and restrictions.
3. Acceptable Use
You agree to use the App only for lawful, personal, non-commercial purposes. You agree that you will not, and will not permit any third party to:
- use the App to violate any applicable law or the rights of any third party;
- interfere with or disrupt the integrity or performance of the App, or attempt to gain unauthorized access to the App or its related systems;
- submit abusive, unlawful, or deceptive content through the in-app feedback feature; or
- circumvent, disable, or interfere with security-related or advertising-related features of the App.
4. 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. The App and its content, statistics, and insights are not intended to diagnose, treat, cure, mitigate, or prevent any disease, disorder, or health condition, including any sleep disorder.
Sleep estimates, energy predictions, statistics, and insights are produced by consumer-grade sensors and software and may be inaccurate or incomplete. Always seek the advice of a qualified physician or other healthcare professional with any questions you may have regarding your sleep or health, and never disregard or delay seeking professional medical advice because of anything you have accessed through the App. If you think you may have a medical emergency, contact your doctor or emergency services immediately.
5. Your Data and Privacy
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, and our data deletion page explains how to erase your data.
6. Subscriptions and Billing
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, because every feature is already free. 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.
On iOS (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.
On Android (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.
We do not control and are not responsible for Apple's or Google's billing. Prices are subject to change; any change applies in accordance with the store's policies and applicable law. Cancelling during a free trial means you are not charged. Deleting the App does not cancel a subscription — cancel it in your store's subscription settings.
7. 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.
8. Third-Party Services
The App is distributed through, and interoperates with, services provided by Apple Inc. and Google LLC, including the App Store, Google Play, Apple Health, Health Connect, and Google AdMob. Your use of those services is governed by their own terms and privacy practices. We are not responsible for the availability, accuracy, or content of third-party services.
9. Disclaimers of Warranties
To the maximum extent permitted by applicable law, the App is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or free of harmful components, or that any data, statistics, or insights will be accurate, complete, or reliable. You use the App at your own risk.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will we, our affiliates, or our licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the App. To the maximum extent permitted by applicable law, our total aggregate liability for all claims arising out of or relating to the App or these Terms 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). Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or connected with: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any law or the rights of any third party.
12. Termination
These Terms remain in effect until terminated. We may suspend or terminate your access at any time if you breach these Terms or if we discontinue the App. You may terminate these Terms at any time by ceasing to use the App and deleting it from your devices. 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.
13. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this document and post the updated Terms at this location. Your continued use of the App after the updated Terms take effect constitutes your acceptance of the changes.
14. Governing Law
These Terms are 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 these Terms 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.
15. Apple App Store Acknowledgement
Where you obtained the App from the Apple App Store, you and we acknowledge that these Terms are concluded between you and us only, and not with Apple. The EULA contains the full Licensed Application acknowledgement, including Apple's role and its status as a third-party beneficiary entitled to enforce these Terms against you.
16. Miscellaneous
If any provision of these Terms 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 these Terms without our prior written consent; we may assign them without restriction. These Terms, together with the EULA and the Privacy Policy, are the entire agreement between you and us regarding the App.
17. Contact
Questions about these Terms: junaid.mohammed777@yahoo.com