Terms of Service

These Terms of Service ("Terms") govern your use of the Drown mobile application ("App") developed and operated by Drown ("we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on any Apple-branded device that you own or control, for your personal, non-commercial use, subject to these Terms and the Apple Licensed Application End User License Agreement ("Apple EULA").

You agree not to:

• Copy, modify, distribute, sell, or lease any part of the App.
• Reverse engineer, decompile, or attempt to extract the source code of the App.
• Use the App for any unlawful purpose or in violation of any applicable laws.
• Attempt to bypass, disable, or interfere with any security features of the App.

Drown offers auto-renewable subscription plans and a lifetime (non-recurring) purchase option. Subscriptions are processed and managed entirely by Apple through the App Store.

• Free Trial: Certain subscription plans may include a free trial period. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription and you will be charged.
• Billing: Payment will be charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period.
• Cancellation: You may manage and cancel your subscription at any time through your Apple ID account settings or the App Store. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.
• Price Changes: We reserve the right to change subscription prices. Any price change will take effect after notice to you and will apply to the next billing cycle following the change.

For refund requests, please contact Apple Support, as all payments are processed by Apple.

The App requires access to your device's microphone to detect ambient noise levels. This is essential for the App's core functionality. Microphone access is requested through the standard iOS permission dialog. You may revoke this permission at any time through Settings → Privacy → Microphone, which will disable the App's noise detection features.

As described in our Privacy Policy, all audio processing occurs on-device. No audio is ever recorded, stored, or transmitted.

The App may request permission to write sleep analysis data to Apple HealthKit. This is optional and requires your explicit consent. HealthKit data is governed by Apple's terms and privacy practices. Granting or revoking HealthKit access does not affect the core functionality of the App.

All content, branding, design, graphics, logos, icons, audio files, and software code within the App and on the Drown website are the intellectual property of Drown and are protected by applicable copyright, trademark, and intellectual property laws. You may not use any of our intellectual property without prior written permission.

The App is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The App will meet your specific requirements.
• The App will be uninterrupted, timely, secure, or error-free.
• The noise detection will be perfectly accurate in all environments.
• The App will be effective as a medical device or sleep treatment.

Drown is not a medical device. The App is designed as a comfort and wellness tool. It is not intended to diagnose, treat, cure, or prevent any medical condition, including sleep disorders. If you have concerns about your sleep health, consult a qualified healthcare professional.

To the maximum extent permitted by applicable law, in no event shall Drown, its developers, affiliates, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of sleep, personal injury, or any damages arising out of or related to your use of the App.

Our total liability for any claims arising under these Terms shall not exceed the amount you paid for the App in the twelve (12) months preceding the claim.

You agree to indemnify and hold harmless Drown and its developers from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the App or violation of these Terms.

We may terminate or suspend your access to the App at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or our business interests. Upon termination, your license to use the App is immediately revoked.

We reserve the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised effective date. Your continued use of the App after any changes constitutes acceptance of the new Terms. We encourage you to review these Terms periodically.

These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising from these Terms shall be resolved in the competent courts of the jurisdiction where the developer is domiciled.

These Terms are between you and Drown, not Apple Inc. Apple has no obligation to provide any maintenance or support services for the App. In the event of any failure of the App, you may notify Apple for a refund of the purchase price (if applicable); Apple has no other warranty obligation. Apple is not responsible for addressing any claims related to the App. Apple is a third-party beneficiary of these Terms and may enforce them against you.

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 so that these Terms shall otherwise remain in full force and effect.

These Terms, together with the Privacy Policy and the Apple Licensed Application EULA, constitute the entire agreement between you and Drown regarding your use of the App. These Terms supersede any prior agreements or understandings.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.

If you have any questions about these Terms of Service, please contact us at hello@drownapp.com.