1. About these terms
These Terms of Use (“Terms”) apply to the Lullaby mobile app (the “app”), published by Nikiforos Pertselis (“we”, “us”). By downloading or using the app, you agree to these Terms. If you don’t agree, please don’t use the app. Our Privacy Policy explains how we handle personal information.
2. Your licence to use the app
We grant you a personal, non-exclusive, non-transferable and revocable licence to use the app on devices that you own or control, for your own non-commercial use, in line with these Terms and the rules of the store you downloaded it from.
If you downloaded the app from the Apple App Store, Apple’s Licensed Application End User License Agreement (Standard EULA) also applies; if it conflicts with these Terms, the Standard EULA prevails. If you downloaded it from Google Play, the Google Play Terms of Service also apply to your purchases. Apple Inc. and Google LLC are not parties to these Terms and are not responsible for the app or its content.
3. The free version and ads
The app is free to download. The free version includes a selection of sounds and ready-made mixes and is supported by ads. You can unlock a premium sound for a single playback by watching a rewarded video ad; the unlock ends when that sound stops.
4. Premium
Premium unlocks all sounds, removes ads and lets you keep unlimited saved mixes. It is available as an automatically renewing monthly or yearly subscription, or as a one-time “lifetime” purchase. Prices are shown in the app before you buy; they may vary by country and may change over time.
Subscriptions
- Payment is charged to your Apple ID or Google Play account when you confirm the purchase.
- Your subscription renews automatically at the end of each period unless you cancel it at least 24 hours before the end of the current period. Your account is charged for the renewal within the 24 hours before the current period ends.
- You can manage or cancel your subscription at any time in your account settings on the App Store or Google Play. Deleting the app does not cancel a subscription.
- When you cancel, Premium stays active until the end of the period you have already paid for.
- If a free trial is offered, any unused part of it is forfeited when you buy a subscription.
Lifetime purchase. A one-time payment that unlocks Premium on the store account you used to buy it, for as long as the app is offered.
Restoring purchases. You can restore Premium on another device signed in to the same store account, from Settings → Restore purchases in the app.
Refunds. Payments are processed by Apple or Google, and refund requests are handled by them under their policies. Your statutory rights as a consumer are not affected.
5. Acceptable use
You agree not to:
- copy, modify, distribute, sell, rent or lend any part of the app or its sounds;
- extract the audio files or use them outside the app;
- reverse-engineer the app or try to extract its source code, except where the law allows it;
- get around any technical limits of the app, such as premium locks or ads;
- use the app for any unlawful purpose.
6. Intellectual property
The app — including its code, design, artwork, sounds, recordings and texts — and the Lullaby name and moon logo are owned by us or our licensors and are protected by intellectual property laws. Apart from the licence in section 2, these Terms don’t give you any rights to them.
7. Health and safety
Lullaby is designed to help create a calm sleep environment. It is not a medical device, and it doesn’t diagnose, treat or prevent any condition. The sleep tips in the app and on this website are general information, not medical advice. Please:
- keep the volume low — around 50 dB, the level of a soft shower — and keep your device at a distance from your baby, never in the crib;
- follow safe-sleep guidelines; the app is not a baby monitor and is no substitute for supervision;
- talk to a paediatrician about any concerns regarding your child’s sleep, hearing or health.
8. Availability and changes to the app
We may update, change or remove features or content of the app, and some features may not be available on every device or in every country. We work to keep the app reliable, but we can’t promise that it will always be available or free of errors.
9. Disclaimer
To the extent permitted by law, the app is provided “as is” and “as available”, without warranties of any kind, whether express or implied. Nothing in these Terms excludes or limits any warranty, guarantee or right that cannot be excluded or limited under the law that applies to you, including consumer protection law.
10. Limitation of liability
To the extent permitted by law, we are not liable for indirect, incidental, special or consequential damages, or for loss of data, profits or revenue, arising from your use of the app. Our total liability for any claim relating to the app is limited to the amount you paid for the app or for Premium in the 12 months before the claim. Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
11. Ending these terms
You can stop using the app at any time by deleting it. We may suspend or end your licence if you seriously breach these Terms. Provisions that by their nature should continue — such as intellectual property, the disclaimer and the limitation of liability — remain in effect.
12. Changes to these terms
We may update these Terms from time to time, for example to reflect changes to the app or to the law. We will update the “Last updated” date at the top and, if the changes are significant, let you know in the app or on this website. If you continue to use the app after the changes take effect, the updated Terms apply.
13. Governing law
These Terms are governed by the laws of Greece. If you are a consumer, you also benefit from any mandatory provisions of the law of the country where you live, and you may bring claims before the courts of that country.
14. Contact
Questions about these Terms? Contact Nikiforos Pertselis at npertselis@gmail.com.