Terms of Use

Agreement to these terms

These Terms of Use form a binding agreement between you and Somnia (“Somnia”, “we”, “us”) governing your use of the Somnia mobile application, the Apple Watch companion, and the website at projectsomnia.com (together, the “Service”). By downloading, accessing or using the Service you agree to these terms. If you do not agree, do not use the Service.

Somnia is not medical advice

Somnia is a general wellness product. It is not a medical device, it is not intended to diagnose, treat, cure or prevent any disease or condition, and it has not been evaluated or cleared by the FDA, the MHRA or any comparable regulator.

Nothing in the Service is medical advice. It is not a substitute for consultation with a qualified healthcare professional, and you should not delay seeking or disregard professional advice because of something you read or experienced in the app.

Consult a doctor before using Somnia if any of the following apply to you:

• You have a cardiovascular condition, low or unstable blood pressure, or a heart rhythm disorder.
• You have asthma, COPD or another respiratory condition.
• You have epilepsy or a seizure disorder.
• You have a panic, anxiety or dissociative disorder — paced breathing can provoke symptoms in some people.
• You are pregnant.
• You have persistent insomnia or another diagnosed sleep disorder.

Stop immediately and return to normal breathing if you feel dizzy, light-headed, short of breath, faint, or experience chest pain or tingling. Never use Somnia while driving, operating machinery, swimming, or in any situation where becoming drowsy or light-headed could put you or anyone else at risk. Use it lying down or seated somewhere safe.

You use the Service at your own risk and remain solely responsible for decisions you make about your health.

Eligibility

You must be at least 13 years old to use the Service, or older where your local law requires it. If you are under the age of majority where you live, you may only use the Service with the involvement of a parent or guardian who agrees to these terms.

Your account

Some features require an account, created by signing in with Apple, Google, or a phone number. You are responsible for activity under your account and for keeping access to your sign-in method secure. Tell us promptly at support@projectsomnia.com if you believe your account has been compromised. Do not share your account, and do not create one using someone else’s identity.

Subscriptions and billing

Full access to Somnia requires a paid subscription. Subscriptions are sold through the Apple App Store and billed to your Apple ID — we never receive or process your payment details.

Subscriptions renew automatically. Unless you cancel at least 24 hours before the end of the current period, your subscription renews and your Apple ID is charged the then-current price for another period. Prices shown are in US dollars; your local price is set by the App Store for your region and is displayed before you confirm the purchase.

We may change subscription prices. Any change applies from your next renewal, and we will give you reasonable notice beforehand so you can cancel if you would rather not continue.

Free trial

We may offer a 7-day free trial on the yearly plan. Trials are available once per Apple ID; if you have used one before, you are not eligible again and the app will not offer you one. Unless you cancel at least 24 hours before the trial ends, it converts automatically into a paid subscription and your Apple ID is charged. If you buy a subscription while a trial is still running, the unused portion of the trial is forfeited.

Cancelling

Cancel any time from your device: Settings → your name → Subscriptions → Somnia → Cancel Subscription. The app also links straight there from Settings → Manage subscription. Cancellation takes effect at the end of the period you have already paid for, and you keep access until then.

Deleting the app or deleting your Somnia account does not cancel your subscription — you must cancel through the App Store.

Refunds

Purchases are handled by Apple, so refunds are governed by Apple’s policies and requested from Apple at reportaproblem.apple.com. We cannot issue refunds for App Store purchases directly. If you are in a jurisdiction with a statutory right of withdrawal or cancellation, that right applies regardless of the above.

Research group access

We sometimes grant free access to participants in Somnia research cohorts using an access code. Codes are for the individual they were issued to, are not transferable, and must not be shared or published. We may deactivate a code, and the access it granted, at any time — particularly if it has been shared publicly. Research access does not create a subscription and does not entitle you to a refund.

Your licence to use Somnia

Subject to these terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the Service on devices you own or control, for your own non-commercial use. We reserve all rights not expressly granted.

Acceptable use

You agree not to:

• Copy, modify, translate, reverse-engineer, decompile or disassemble the Service, except where that restriction is prohibited by law.
• Circumvent, disable or interfere with the paywall, entitlement checks, or any security or access control.
• Use automated means to access the Service, or attempt to gain unauthorised access to any part of it.
• Resell, sublicense, rent or otherwise commercially exploit the Service or any access code.
• Use the Service unlawfully, or in a way that could damage or overburden it.

Our intellectual property

The Service, including its software, breathing-pace design, interface, text, graphics, sound, and the Somnia name and logo, is owned by us or our licensors and is protected by copyright, trademark and other laws, and by pending patent applications. These terms do not transfer any ownership to you.

Availability and changes

We may modify, suspend or discontinue any part of the Service at any time. We aim to keep it available, but we do not promise it will be uninterrupted or error-free. A core breathing session is designed to run offline; other features need a connection and may be unavailable. If we permanently discontinue a paid feature during a period you have paid for, we will arrange a fair remedy.

Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will improve your sleep, produce any particular result, or be suitable for you.

Limitation of liability

To the fullest extent permitted by law, Somnia and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, data, goodwill, or anticipated savings, arising out of or relating to your use of the Service.

Our total aggregate liability arising out of or relating to the Service will not exceed the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) fifty US dollars.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

Termination

You may stop using the Service and delete your account at any time from Settings → Delete account. We may suspend or terminate your access if you materially breach these terms, or where we are required to by law. Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, governing law) will do so.

Governing law

These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and the state and federal courts located in Delaware will have exclusive jurisdiction — except that if you are a consumer resident in the UK, EU or another jurisdiction whose law gives you the right to bring proceedings locally and to rely on mandatory local consumer protections, nothing here removes that right.

Apple-specific terms

These terms are between you and Somnia, not Apple, and Somnia alone is responsible for the Service. Apple has no obligation to provide maintenance or support. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation.

Somnia, not Apple, is responsible for addressing any claim relating to the app, including product liability, failure to conform to legal requirements, and consumer protection or privacy claims, and for the investigation and defence of any third-party claim that the app infringes intellectual property rights. You represent that you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and that you are not on any US Government restricted-parties list. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

Contact

Questions about these terms: support@projectsomnia.com