Terms of Service

By downloading, installing, or using SomniCue ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not download, install, or use the App.

These Terms constitute a legally binding agreement between you and SomniCue ("we", "our", or "us"). We reserve the right to modify these Terms at any time, and your continued use of the App constitutes acceptance of any modifications.

SomniCue is a sleep-learning application that uses Targeted Memory Reactivation (TMR) technology to help consolidate memories during sleep. The App:

• •Plays audio and/or haptic cues during sleep to reinforce learning from study sessions
• •Integrates with Smart Watch for sleep stage detection
• •Provides study mode features for creating memory associations
• •Offers analytics and progress tracking

To use SomniCue, you must:

• •Be at least 13 years of age (or the minimum age in your jurisdiction)
• •Provide accurate, current, and complete registration information
• •Maintain the security of your account credentials
• •Notify us immediately of any unauthorized access to your account
• •Be responsible for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any reason at our discretion.

SomniCue offers free and premium (Pro) subscription tiers:

Billing Terms:

• •Monthly subscription: $12.99 USD per month
• •Annual subscription: $99.99 USD per year (save 36%)
• •Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period
• •Payment is charged to your Apple ID account upon confirmation of purchase
• •Manage or cancel subscriptions through your Apple ID Settings → Subscriptions
• •No refunds for partial subscription periods; however, you may be eligible for a refund through Apple's App Store policies

You agree not to:

• •Use the App for any illegal or unauthorized purpose
• •Attempt to reverse engineer, decompile, or modify the App
• •Share your account credentials with others
• •Interfere with or disrupt the App's functionality or servers
• •Attempt to gain unauthorized access to other users' accounts
• •Use automated systems or bots to access the App
• •Violate any applicable laws or regulations
• •Upload malicious code or content

SomniCue and its original content, features, functionality, and technology are owned by SomniCue and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

• •The SomniCue name, logo, and "Flicker Trigger" are trademarks of SomniCue
• •You may not copy, modify, distribute, sell, or lease any part of our App
• •User-generated content (study items) remains your property, but you grant us a license to use it for providing the service
• •We respect intellectual property rights and expect users to do the same

Patent Pending: Certain features of SomniCue, including the Flicker Trigger technology, are patent pending.

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by law:

• •We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• •We do not warrant that the App will be uninterrupted, error-free, or secure
• •We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• •Our total liability shall not exceed the amount you paid for the service in the past 12 months
• •We are not responsible for any health effects or learning outcomes

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

• •Your use of the App
• •Your violation of these Terms
• •Your violation of any rights of another party
• •Any content you submit through the App

Termination by You:

• •You may delete your account at any time through the App settings
• •Cancel subscriptions through Apple ID Settings to avoid future charges
• •Upon deletion, your data will be removed within 30 days

Termination by Us:

• •We may terminate or suspend your account immediately for violations of these Terms
• •We may discontinue the App or any features at any time with reasonable notice
• •Upon termination, your right to use the App ceases immediately

We reserve the right to modify these Terms at any time. We will notify you of significant changes by:

• •Posting the updated Terms on our website
• •Sending an email notification for material changes
• •Displaying an in-app notification

Continued use of the App after changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the App.

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

• •Dispute Resolution: Any disputes shall first be attempted to be resolved through good-faith negotiation
• •Arbitration: If negotiation fails, disputes shall be resolved by binding arbitration under AAA Commercial Arbitration Rules
• •Class Action Waiver: You agree to resolve disputes individually and waive the right to participate in class actions
• •Exceptions: Either party may seek injunctive relief in court for intellectual property violations

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

These Terms, together with our Privacy Policy and any other legal notices published by us on the App, constitute the entire agreement between you and SomniCue regarding your use of the App and supersede any prior agreements.

If you have questions about these Terms of Service, please contact us: