These Terms of Use (“Terms”) govern your use of the Shimmr app (“App” or “Service”). By using Shimmr, you agree to these Terms. If you do not agree, please do not use the App.

1. Eligibility & Use

• The App is suitable for users aged 4 and older, in accordance with the App Store age rating.
• No account registration is required to use the App.
• The App is available for free, with optional paid subscriptions.
• Users may not share, resell, or distribute access to paid content or services.

2. Subscriptions & Payments

Shimmr offers optional monthly and yearly subscriptions via the Apple App Store.

• Billing & Payments: All payments are processed through Apple’s in-app purchase system.
• Refunds: Refunds are handled directly by Apple. To request a refund, visit https://support.apple.com/billing. We do not process refunds directly.
• Promotional Offers: We may occasionally offer trial periods or discounts at our discretion.
• Price Changes: We reserve the right to change subscription pricing. Any changes will be communicated in advance, and you will have the option to cancel before the new pricing takes effect.
• Subscription Start: Subscriptions begin at the end of any applicable free trial period.
• Auto-Renewal: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.
• Cancellation: You can cancel your subscription at any time through your Apple ID settings. Deleting the App does not automatically cancel a subscription.
• Trial Limits: Each Apple ID may only use one free trial unless otherwise stated in a promotion.

3. Data & Privacy

• We do not collect, store, or share any personal data.
• The App tracks anonymous usage data (e.g., feature usage, session times) via Firebase Analytics to improve performance.
• No data is shared with third parties.
• For full details, refer to our Privacy Policy.

4. Intellectual Property

• All content, sounds, visuals, and features within the App are owned by us and protected by copyright laws.
• Some content (e.g., soundtracks, icons, or images) may be sourced from royalty-free libraries or licensed providers. All such content is used under appropriate licenses and remains the property of its respective creators.
• Users may not reproduce, distribute, or modify any part of the App without permission.
• The App may integrate with Apple Health to enable optional features. No health-related data is stored or transmitted to our servers.

5. Safe Use Guidelines

The sounds in this App are designed to support relaxation, meditation, focus, and general well-being. However, they may influence cognitive states and should be used with caution.

• Do not use the App while driving, operating heavy machinery, or performing tasks that require full attention.
• Use headphones for an optimal experience, and keep the volume at a safe level to avoid hearing damage.
• If you experience dizziness, nausea, discomfort, or any unusual effects, stop using the App immediately.
• Individuals with epilepsy, heart conditions, or sound sensitivity should consult a medical professional before using the App.
• This App is not a medical device and is not intended to treat, diagnose, or cure any condition.

6. Acceptable Use & Restrictions

Users may not:

• Reverse-engineer, copy, or modify the App.
• Distribute, resell, or share access to premium features.
• Attempt to hack, spam, or disrupt the Service.

Violation of these terms may result in the restriction or termination of your access to Shimmr.

7. Marketing & Communications

• No marketing emails or push notifications are currently sent, but we may introduce these in the future.
• If marketing features are enabled, you will have the ability to opt out at any time.

8. Legal & Governing Law

• These Terms are compliant with GDPR and do not require personal data collection.
• COPPA Compliance: Since we do not collect personal data, the App is considered safe for use by children under 13, but is not specifically designed for them.
• Governing Law: These Terms are subject to the laws of your country of residence.
• Dispute Resolution: For any disputes, please contact us at [email protected] to resolve issues amicably.
• By using the App, you agree to do so at your own risk. Shimmr is not liable for any harm, injury, or damage resulting from misuse or inappropriate application of the App’s features.
• Users are solely responsible for ensuring that their use of the App complies with all applicable laws and health guidelines.

9. Apple-Specific Terms (Required by Apple Inc.)

• Acknowledgement: This agreement is between you and Shimmr, not Apple. Shimmr is solely responsible for the App and its contents.
• Scope of License: You are granted a non-transferable license to use the App on any Apple-branded device you own or control, in accordance with the Apple Media Services Terms and Conditions.
• Maintenance and Support: Shimmr is solely responsible for providing support for the App. Apple has no obligation to provide maintenance or support services.
• Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if applicable). Apple has no further warranty obligations. All other claims are the sole responsibility of Shimmr.
• Product Claims: Shimmr is responsible for addressing any claims relating to the App, including product liability, regulatory compliance, consumer protection, privacy, or use of HealthKit.
• Intellectual Property: In the event of a third-party claim that the App or your use of it infringes on intellectual property rights, Shimmr is solely responsible for the investigation and resolution of such claims.
• Legal Compliance: You confirm that you are not located in a country subject to U.S. government embargo or on any U.S. government list of prohibited or restricted parties.
• Developer Contact: Shimmr is developed and owned by Gareth Richards. Contact: [email protected]
• Third-Party Terms: You agree to comply with any applicable third-party terms when using the App.
• Third-Party Beneficiary: Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of these Terms, Apple has the right to enforce this agreement against you.

10. Changes to These Terms

We may update these Terms from time to time. If significant changes are made, users will be notified via the App or our website.

For any questions or concerns, contact us at [email protected].