Terms of use

1. This agreement

These Terms of Use ("Terms") are a legal agreement between you and Quiet Shrine, LLC, a California limited liability company ("we", "us", "our"), governing your use of the Music for Noisy Places mobile application, its content, and this website (together, the "App").

By downloading, installing, or using the App you accept these Terms. If you do not accept them, do not use the App.

The App is licensed to you by us, not sold. This agreement is between you and us alone. Apple is not a party to it, although Apple has the rights described in section 11.

2. Your licence

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the App on Apple-branded devices you own or control, as permitted by the App Store Terms of Service and Apple's Usage Rules.

What you may not do

• Extract, rip, record, re-upload, or redistribute the audio, artwork, or any other content from the App.
• Use the music in a video, stream, podcast, game, playlist, or any other production, commercially or otherwise, without a separate written licence from us.
• Play the App's music in a commercial or public setting such as a shop, café, gym, office floor, or waiting room, which requires a separate licence. Personal listening, including on headphones at work, is fine.
• Copy, modify, translate, reverse-engineer, decompile, or create derivative works from the App, except where that restriction is prohibited by law.
• Rent, lease, lend, sell, sublicense, or transfer the App or your subscription to anyone else.
• Circumvent, disable, or interfere with any security, subscription-verification, or content-protection feature.

Requests for sync, streaming, or commercial-use licences are genuinely welcome. Write to [email protected].

3. Ownership

All music, sound design, imagery, text, software, and the names "Music for Noisy Places" and "Quiet Shrine" are owned by Quiet Shrine, LLC or its licensors and are protected by copyright, trademark, and other laws. Every track in the App is original and composed for it. Nothing in these Terms transfers any ownership to you.

4. Subscriptions, trials, and billing

Free content

One room is available at no cost and with no time limit. We intend to keep it that way, but we reserve the right to change which content is free in future versions.

Paid subscriptions

Full access is sold as an auto-renewing subscription, currently offered monthly and yearly. Prices are shown in the App before you purchase, in your local currency, and may differ by region. All purchases are made through the App Store; Apple is the merchant of record and processes all payments.

Auto-renewal

• Payment is charged to your Apple ID at confirmation of purchase.
• Your subscription renews automatically unless auto-renewal is turned off at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours before the end of the current period, at the then-current price.
• You can manage or cancel your subscription, and turn off auto-renewal, in your Apple ID account settings after purchase. We cannot do it for you.

Free trials

Where a free trial is offered, it converts into a paid subscription automatically at the end of the trial unless you cancel at least 24 hours before it ends. Any unused portion of a free trial is forfeited if you purchase a subscription during the trial period. Trials are limited to one per Apple ID.

Price changes

We may change subscription prices. Apple will notify you of any increase affecting your existing subscription and, where required, ask you to consent before it takes effect. If you do not consent, your subscription will not renew at the new price.

Cancellation and refunds

Cancelling stops future renewals; you keep access until the end of the period you have already paid for. Partial periods are not refunded. All refunds are handled by Apple under the App Store Terms of Service. Request one at reportaproblem.apple.com. We cannot issue App Store refunds ourselves. Consumers in certain jurisdictions have additional statutory withdrawal or refund rights, which these Terms do not limit.

5. Content and availability

We add, change, and occasionally remove content. We do not guarantee that any particular track or room will remain available for the life of your subscription, though we will not remove content casually. We may modify, suspend, or discontinue the App or any feature at any time. If we discontinue the App entirely, we will give reasonable notice through the App or this website.

6. Health and safety

The App is for relaxation, concentration, and enjoyment. It is not a medical device and is not a substitute for professional medical, psychological, or audiological advice, diagnosis, or treatment. It does not treat tinnitus, insomnia, anxiety, ADHD, or any other condition. If you have a health concern, consult a qualified professional.

Listen at a moderate volume. Prolonged listening at high volume can permanently damage your hearing. Do not use the App in any situation where reduced awareness of your surroundings would be dangerous, including while driving, cycling, or crossing roads.

7. Disclaimer of warranties

To the fullest extent permitted by law, the App is provided "as is" and "as available", without warranty of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. We do not warrant that the App will be uninterrupted, error-free, or compatible with every device, or that it will produce any particular effect on your concentration, sleep, or wellbeing.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

8. Limitation of liability

To the fullest extent permitted by law, neither we nor our members, officers, or suppliers will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or hearing arising from your use of or inability to use the App, whether based in contract, tort, or any other theory, even if we have been advised of the possibility.

Our total aggregate liability for all claims relating to the App will not exceed the greater of (a) the amount you paid us for the App in the twelve months before the claim arose, or (b) fifty US dollars (US$50).

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

9. Termination

These Terms apply until terminated. You may terminate them at any time by deleting the App and cancelling any subscription. We may suspend or terminate your licence immediately if you materially breach these Terms, in particular the restrictions in section 2. On termination you must stop using the App and delete all copies. Sections 3, 7, 8, 10, and 12 survive termination.

10. Governing law and disputes

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in Alameda County, California, for any dispute not resolved informally, except that either party may bring a claim in small-claims court, and consumers resident in the EU, UK, or elsewhere retain the right to bring proceedings in their country of residence and the benefit of any mandatory consumer-protection law there.

Before filing anything, please write to us. Most problems are cheaper and faster to solve by email.

11. Apple-specific terms

The following apply where you obtained the App from the Apple App Store:

• These Terms are between you and Quiet Shrine, LLC only, not Apple. Apple is not responsible for the App or its content.
• Apple has no obligation to furnish any maintenance or support for the App.
• 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 whatsoever with respect to the App.
• Apple is not responsible for addressing any claim by you or a third party relating to the App, including product liability, legal or regulatory non-compliance, and consumer-protection or privacy claims.
• Apple is not responsible for the investigation, defence, settlement, or discharge 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 are not on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

12. General

These Terms, together with our Privacy Policy, are the entire agreement between you and us about the App. If any provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them to a successor in connection with a merger, acquisition, or sale of assets.

We may update these Terms. We will post the revised version here and change the "last updated" date; material changes will be announced in the App. Continuing to use the App after a change takes effect means you accept the revised Terms.

13. Contact